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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/20/2016 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting September 20, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring September 23 as Joseph Antoine Janis and Chief Friday Day. B. Proclamation Declaring September 17 through 23, 2016 to be Constitution Week. C. Proclamation Declaring September 26-October 2, 2016 as Diaper Need Awareness Week. D. Proclamation Declaring September 19-25, 2016 as Colorado Cities & Towns Week in Fort Collins. E. Proclamation Declaring September 15-October 15, 2016, as Hispanic Heritage 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 may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the August 30, 2016 Adjourned Council Meeting and the September 6, 2016 Regular Council Meeting. The purpose of this item is to approve the minutes from the August 30, 2016 Adjourned Council meeting and the September 6, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. This Ordinance, unanimously adopted on First Reading on September 6, 2016, appropriates sub- grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. 3. Second Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This Ordinance, unanimously adopted on First Reading on September 6, 2016, appropriates $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. 4. Second Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. The purpose of this item is to amend to the Land Use Code for proposed changes related to design standards for the Fort Collins Corridor Activity Center area located west of I-25 at the I-25/Highway 392 Interchange. 5. Second Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. This Ordinance, unanimously adopted on First Reading on September 6, 2016, authorizes the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. 6. Second Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. This Ordinance, unanimously adopted on First Reading on September 6, 2016, adopts the Community Recycling Ordinance (CRO). This ordinance allows private haulers the option to apply a service surcharge on residential trash and recycling bills; requires private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt- in fee; requires private haulers to provide recycling service to businesses and apartment complexes by 2020; and requires grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. Since First Reading, three minor changes have been made and are highlighted in the Ordinance. The first two changes modify language related to variances to clarify that an extension can be City of Fort Collins Page 4 requested at the end of any variance period, with no limitation as to how many variances may be requested so long as the variance criteria continue to be met (see pages 3 and 13 of the Ordinance). The third change is a grammatical correction on page 16. 7. Public Hearing and First Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the Cache La Poudre River enclave. This is a City-initiated request to annex 12.01 acres located along the northern boundary of the Lee Martinez Community Park/1873 Original Town Site Annex. From the intersection of North College Avenue and the Cache La Poudre River, the enclave spans approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution was adopted on August 16, 2016. A related item to zone the annexed property is presented as the next item on the agenda. 8. Public Hearing and First Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to zone the property included in the Cache La Poudre River Annexation into the Public Open Lands zone district. 9. Resolution 2016-074 Expressing Council's Intent and General Policy Considerations Regarding Night Sky Objectives. The purpose of this item is to request City Council's support, by Resolution, for efforts related to protecting the night sky through best practices in outdoor lighting. The Night Sky Initiative was a City Council work session item on July 26, 2016. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Air Quality Monitoring in Fort Collins (staff: Cassie Archuleta)  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 5 Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 10. Public Hearing on the 2017-2018 Recommended Biennial Budget for the City of Fort Collins. (staff: Darin Atteberry, Mike Beckstead; 60 minutes) This is the first official public hearing on the City Manager’s 2017-2018 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2017-2018 budget. In an effort to receive further public input, a second public hearing is scheduled for the Tuesday, October 4, 2016 Council meeting. Public input will also be taken during the budget adoption meetings on Tuesday, November 1 and Tuesday, November 15, 2016 at 6:00 p.m. in the Council Chambers. The City Manager’s 2017-2018 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library, or the City Clerk’s Office. The recommended budget can also be viewed online at fcgov.com/budget.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)  ADJOURNMENT A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, September 27. City of Fort Collins Page 6 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, knowledge of history provides a foundation for long term residents and new arrivals to Fort Collins of the events and individuals that played a crucial part in the successful settlement and early vitality of Fort Collins; and WHEREAS, Joseph Antoine Janis was a significant early settler in the Fort Collins area; holding the first land patent granted in Larimer County, the #3 water right to the Poudre River and was known to be present in the naming of the Cache la Poudre River in 1836; and WHEREAS, Arapaho native, Chief Friday used his command of the English language, his education and his understanding of the power of American society to maintain peace between the Arapahos and the early settlers and soldiers arriving in northern Colorado in the early 1800’s. He was a natural leader, interpreter and peacemaker and was given the title “Chief” by the local settlers; and WHEREAS, the artistic expression of our community, in all its various forms, reflects the cultural and creative vibrancy of our community, these statues bring together the importance of our history and the value of artistic interpretation; and WHEREAS, September 23, 2016, is the date of the rededication of both statues of Joseph Antione Janis and Chief Friday. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Saturday, September 23, 2016, as the JOSEPH ANTOINE JANIS AND CHIEF FRIDAY DAY in the city of Fort Collins and call upon the community to join their fellow citizens in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 7 PROCLAMATION WHEREAS, it is the privilege and duty of the American people to commemorate the anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies; and WHEREAS, September 17, 2016 marks the two hundred and twenty-ninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America, designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim September 17 through 23, 2016 to be CONSTITUTION WEEK in Fort Collins, and ask our citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, diaper need, the condition of not having a sufficient supply of clean diapers to ensure that infants and toddlers are clean, healthy and dry, can adversely affect the health and welfare of infants, toddlers and their families; and WHEREAS, the average infant or toddler requires an average of 50 diaper changes per week over three years, yet diapers cannot be bought with food stamps or WIC vouchers, therefore obtaining a sufficient supply of diapers can cause economic hardship to families; and WHEREAS, a supply of diapers is generally an eligibility requirement for infant and toddlers to participate in childcare programs and quality early education programs; and WHEREAS, the people of Fort Collins recognize that addressing diaper need can lead to economic opportunity for the state’s low-income families and can lead to improved health for families and their communities; and WHEREAS, Fort Collins is proud to be home to various community organizations that recognize the importance of diapers in helping provide economic stability for families and distribute diapers to poor families through various channels, including the distribution of 1300 diapers through the Matthews House Community Life Center at Fullana. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of September 26 through October 2, 2016 as DIAPER NEED AWARENESS WEEK in Fort Collins and encourage our citizens to donate generously to diaper banks, diaper drives, and those organizations that distribute diapers to families in need to help alleviate diaper need in Fort Collins IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, municipal government is the level of government closest to most citizens and the one with the most direct daily impact upon residents; and WHEREAS, the City of Fort Collins provides high quality, efficient services in the areas of safety, transportation, culture and recreation opportunities, environmental health, neighborhood livability and social health, economic health and a high performing government organization; and WHEREAS, City of Fort Collins employees are committed to providing exceptional service for the entire community; and WHEREAS, a culture of innovation is crucial to continually improve the services cities provide; and WHEREAS, the Colorado Municipal League’s member cities and towns have joined together to recognize the important role played by municipal government in our daily lives; and WHEREAS, Colorado Cities & Towns Week offers an opportunity to convey to all Colorado residents that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim September 19-25, 2016 to be COLORADO CITIES & TOWNS WEEK in Fort Collins and encourage our residents to learn about the services the City provides, and engage with their municipal government. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, Hispanic Heritage Month celebrates the diversity of the Fort Collins community and has become a national observance celebration since 1988 when it was approved by the 100th Congress; and WHEREAS, the Hispanic community of Fort Collins has designated September 15- October 15, 2016 as observance of Hispanic Heritage Month Celebration; and WHEREAS, as the largest minority population in Fort Collins, the Latinx community has historically faced cultural and systemic barriers to inclusion and equitable treatment, including “white trade only” signs displayed in storefronts until the late 1950s; and WHEREAS, in spite of such discrimination, Fort Collins is proud to be home to numerous accomplished Latinx leaders who have worked tirelessly to remove said barriers and advance the cause of equality for all in our community; and WHEREAS, the City of Fort Collins’ City Council and staff have committed to make Fort Collins a welcoming community for all citizens, we recognize there is more work to be done. Equality and inclusion are fundamental community values in Fort Collins, ensuring that all residents feel respected, valued and affirmed. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim September 15-October 15, 2016 as HISPANIC HERITAGE MONTH in Fort Collins and encourage residents to participate in and to celebrate the cultural riches that our Hispanic community has to offer. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the August 30, 2016 Adjourned Council Meeting and the September 6, 2016 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the August 30, 2016 Adjourned Council meeting and the September 6, 2016 Regular Council meeting. ATTACHMENTS 1. August 30, 2016 (PDF) 2. September 6, 2016 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 88 August 30, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Nelson 1. Items Relating to Submitting a Ballot Question for the November 8, 2016 Election (Adopted) A. Possible Public Hearing and Motion Regarding Protest of Ballot Language B. Resolution 2016-068 Submitting a Ballot Question to the Registered Electors of the City at a Special Municipal Election to be Held on November 8, 2016, and Conducted as a Coordinated Election with Larimer County, Asking the Voters to Confirm that the City May Retain and Spend All Revenues it has Received and will Continue to Receive Relating to the “Keep Fort Collins Great” .85% Sales and Use Tax Voters Approved in 2010. The purpose of this item is to is to set ballot language for the voters of Fort Collins to confirm that they intended for the City to collect, keep, and spend all revenues collected as authorized and directed in the 2010 “Keep Fort Collins Great” ballot question. Ballot language is being set at the earliest possible date. Any protest of the proposed ballot language must be received no later than Monday, August 29 at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of Resolution 2016, 068. If protest(s) are received, copies will be included in Council’s “Read-before” packet. City Attorney Daggett reviewed the City Code’s process allowing a registered elector the opportunity to protest proposed ballot language. She stated Council is required to hear, consider and resolve the protest prior to adopting the Resolution that would set the ballot language and briefly reviewed the requirements for ballot language. Eric Sutherland stated Municipal Election Code 31-11-111(3) applies to this ballot question and noted he has the ability to appeal Council’s decision to the District Court under a provision of the Uniform Election Code. To illustrate his protest, Mr. Sutherland used an example of a store overcharging for an item and then requiring the customer to sue for a refund. There is no substantive difference in the proposed ballot language between a yes and no vote. Councilmember Campana noted City Attorney Daggett’s presentation indicated CRS 31-11- 111(3) does apply. City Attorney Daggett replied Mr. Sutherland was likely objecting to her use of the term “arguably” as there is some question as to whether the language in the City Charter occupies the field in terms of defining the City’s ballot requirements; however, the requirements outlined in the presentation do include that statute. The substantive difference between the effect of the statute versus the Charter provision is limited. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, that the Council find the protest filed by Mr. Sutherland has no merit. Councilmember Campana opposed Mr. Sutherland’s protest as being without merit. 1.1 Packet Pg. 13 Attachment: August 30, 2016 (4810 : minutes-August 30) August 30, 2016 City of Fort Collins Page 89 Mayor Pro Tem Horak stated citizens received more services due to the amount of taxes paid and citizens cannot be equated to taxpayers as a percentage of taxes paid do not come from Fort Collins residents. Councilmember Campana noted the amounts of tax collection in the original ballot language were estimates and the question specifically asked if an excess amount collected above those estimates could be used. Councilmember Martinez stated this is all the more reason to place the question on the ballot. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Eric Sutherland questioned the effect of a “no” vote and whether it differs from a “yes” vote. He argued state law does apply as this is being held as a coordinated election rather than a municipal election. Mayor Troxell stated the voters have spoken twice on this issue, once in 1997 when there was a general “de-Brucing” in Fort Collins and in 2010 when the specific wording of the ballot measure allowed Fort Collins to keep excess revenues associated with the tax. Councilmember Cunniff agreed with Mayor Troxell and stated this election would provide later voter approval as dictated by the Colorado Constitution TABOR portion. Councilmember Campana stated the proposed ballot language meets all the necessary tests as presented by City Attorney Daggett. Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Resolution 2016-068, with a wording amendment. City Attorney Daggett presented an outline of Councilmember Martinez' amendment. Councilmember Cunniff supported the proposed language changes. Mayor Pro Tem Horak outlined the situation leading to this point, stating the City has been using the tax revenue as approved by voters and this ballot item will allow the City to continue using the money now and in the future the way it was directed by the voters. Councilmember Campana stated TABOR has proven to be quite complicated and supported this as being the correct approach. Councilmember Martinez supported asking voters for a reaffirmation and permission. Mayor Troxell agreed with placing the item before the voters but noted the City has provided annual reports on the use of the tax revenues. Mayor Pro Tem Horak encouraged citizens to discuss this item with Councilmembers. 1.1 Packet Pg. 14 Attachment: August 30, 2016 (4810 : minutes-August 30) August 30, 2016 City of Fort Collins Page 90 Councilmember Stephens noted the tax revenues have supported much-needed services. She asked where citizens could access information as to where the revenues have been spent. City Manager Atteberry replied the annual reports can be found at www.fcgov.com/KFCG. Details regarding how the funds have been spent as well as information regarding efficiency efforts can be found at that web site. Mayor Pro Tem Horak requested that information be placed on the front page of the web site. City Attorney Daggett replied she will look into that possibility. Councilmember Martinez asked if the questions and answers will be posted on the web site. City Manager Atteberry replied they are posted as part of Council's agenda. City Attorney Daggett replied information will be evaluated to determine whether it can be relocated on the web site or whether it will need to be left as is. Councilmember Cunniff stated he would support the motion and support the ballot question in the community. Councilmember Campana requested City Attorney Daggett provide a memo regarding appropriate action by boards and commissions and employees in terms of the election. City Attorney Daggett replied her staff works with City employees and appointees on those issues. City Manager Atteberry stated he sends an email to all City employees prior to every election regarding their ability to participate as a private citizen without using City resources. Councilmember Campana asked about participation in terms of elected officials. City Attorney Daggett replied Council can adopt a resolution expressing support for the measure and Councilmembers can individually express their opinions and be actively involved as long as they are careful about the specific limitations in the statute. She stated City staff and Council can respond to questions via email. Mayor Troxell expressed support for bringing the ballot issue forward. RESULT: RESOLUTION 2016-068 ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 6:40 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 15 Attachment: August 30, 2016 (4810 : minutes-August 30) City of Fort Collins Page 91 September 6, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated the agenda has been amended under Other Business to include consideration by Council of a motion to waive the attorney/client privilege regarding a memo on Keep Fort Collins Great and TABOR.  CITIZEN PARTICIPATION Don Eason commented on potential health and environmental hazards created by wireless communications devices and cellular antenna installations. Eric Sutherland discussed Keep Fort Collins Great reserves and noted the City should budget for a refund of those reserves. Nancy Eason commented on potential health and environmental hazards created by wireless communications devices and cellular antenna installations. She discussed how the FCC determines safe limits for radio frequency emissions. Diane Cohn, Affordable Housing Board, discussed the Consent Agenda item which would authorize the assignment of this year’s private activity bond allocation to the Colorado Housing Finance Authority. The DMA Plaza and Oakridge Crossing, both senior affordable housing projects, will receive the funds. Walt Jones discussed the connection between radio frequency emissions and cancer. Virginia Farver discussed potential long term health effects of the City’s Smart Meters. Evan Shortridge discussed radio frequency emission concerns relating to children. Heather Lahdenpera discussed environmental factors which are causing disease, specifically electromagnetic radiation. Kimberly Malone discussed her experience with electromagnetic sensitivity and expressed concern regarding the upcoming broadband proposal stating a wired connection uses less energy. Tanja Andreas discussed the early death of her father due to a cancer related to radio frequency emissions. Debbie Corey discussed the construction of cellular towers and stated they should be kept away from residential areas. 1.2 Packet Pg. 16 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 92 Enja Borgmann stated there is no third party monitoring of any of the cellular antennas in the city. Katie Cassis expressed concern regarding the effects of radio frequency radiation on the health of citizens and requested that Council consider the health effects of its decisions with all new technologies. Abby Hartley discussed the dangers of second-hand smoke and stated individuals living next door to smokers should have more rights.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck requested the City assist with the telecommunications act compliance and monitoring. Tyler Marr, Policy and Project Analyst, stated RF emissions cannot be considered when approving or denying cell tower sites. The Land Use Code does address where macro cell sites can be installed; they are not allowed in residential-only zones. The City has looked into the possibility of hiring a third-party monitoring service; however, the cost of such service is quite high (about $1,000 per tower). Staff is aware of residents’ concerns and will explore other options as desired by Council. Councilmember Martinez asked if smart meters are required to be UL certified. City Manager Atteberry replied he will provide a response in writing. Councilmember Campana discussed the cost of the third party monitoring service and the possibility of requiring the owners or operators to pay an annual fee or test the towers themselves. Marr stated individual property owners could potentially require testing as part of a lease agreement; however, an ordinance requiring such inspections has not been explored. Mayor Troxell requested the City seek information from Larimer County Health Services and the Colorado Department of Health and Environment regarding RF emissions. Councilmember Cunniff requested follow-up regarding Ms. Hartley’s concerns about second- hand smoke from neighbors. Councilmember Stephens requested follow-up regarding second-hand smoke in apartment buildings. Councilmember Campana noted some work regarding those issues may have already been done regarding marijuana second-hand smoke.  CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 098, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use Tax and Business Personal Property Taxes as Provided in Business Investment Agreements and 3, Second Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax, from the Consent Agenda. 1.2 Packet Pg. 17 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 93 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the August 9, 2016 Special Council Meeting, the August 16, 2016 Regular Council Meeting, and the August 23, 2016 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the August 9, 2016 Special Council meeting, the August 16, 2016, Regular Council meeting, and the August 23, 2016 Adjourned Council meeting. 2. Second Reading of Ordinance No. 101, 2016, Authorizing an Exchange of Easements between the City and Brookhaven Homeowners Association to Resolve Encroachment Issues on Mallard's Nest Natural Area and Spring Creek Trail. (Adopted) This Ordinance, unanimously adopted on First Reading on August 16, 2016, authorizes the City’s conveyance of an easement to the Brookhaven Homeowners Association to resolve an encroachment issue on Mallard's Nest Natural Area and Spring Creek Trail. The Natural Areas Department intends to exchange easements with Brookhaven Homeowners Association to resolve long standing and significant encroachments on City property and enable a more favorable alignment of an existing fence along Spring Creek Trail. 3. Council Action Postponing Indefinitely First Reading of Ordinance No. 104, 2016, Making Certain Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to Electric, Water and Wastewater Rates, Fees and Charges Associated with the Income Qualified Rate Pilot Study. (Adopted) The purpose of this item is to postpone indefinitely an Ordinance presented to Council on August 16, 2016, and continued to the September 6, 2016 meeting, regarding a two year pilot Income-Qualified Rate (IQR). An affirmative vote on this item will indefinitely postpone the proposed Ordinance and pilot study until such time as further action on the program is initiated. 4. Items Relating to the Vida Sana Grant. (Adopted) A. Resolution 2016-069 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to approve a Vida Sana sub-grant agreement and appropriate sub-grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. 1.2 Packet Pg. 18 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 94 5. First Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted) The purpose of this item is to appropriate $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. 6. Items Relating to Proposed Design Standards for the I-25/SH 392 Interchange Corridor Activity Center Area. (Adopted) A. Resolution 2016-070 Recommending to the Town Board of Windsor Approval of the Proposed Changes to the Corridor Activity Center Design Standards. B. First Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. The purpose of this item is to forward a recommendation to the Windsor Town Board on proposed Corridor Activity Center (CAC) Design Standards for Windsor, east of I-25, and amend to the Land Use Code for proposed changes related to design standards, specifically for the Fort Collins CAC area located west of I-25. 7. Items Relating to Horsetooth Foothills Land Conservation Project. (Adopted) A. Resolution 2016-071 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County for the Horsetooth Foothills Land Conservation Project. B. First Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. The purpose of this item is to seek City Council authorization to enter into an Intergovernmental Agreement (IGA) with Larimer County for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. Ordinance No. 108, 2016 will authorize the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado. 8. Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. (Adopted) The purpose of this item is to assign the City's 2016 Private Activity Bond capacity to the Colorado Housing Finance Authority for the purpose of constructing and rehabilitating affordable housing rental units in Fort Collins. 9. Resolution 2016-073 Setting the Dates of the Public Hearings on the 2017 and 2018 Proposed City of Fort Collins Biennial Budget. (Adopted) The purpose of this item is to set two public hearing dates on the proposed 2017-2018 biennial budget. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the regular Council meeting of September 20, 2016. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 4, 2016, regular Council meeting.  END CONSENT 1.2 Packet Pg. 19 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 95  CONSENT CALENDAR FOLLOW-UP Councilmember Stephens thanked Ms. Cohn for speaking regarding affordable housing in regard to Item No. 10, Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. Councilmember Overbeck commented on Item No. 6, Items Relating to the Vida Sana Grant.  STAFF REPORTS Kurt Friesen, Park Planning and Development Director, stated the master plan for the Poudre River Whitewater Park project was completed in 2014. He discussed various aspects of the project, including disabled access and a children’s play area. Approximately $8.6 million is available for the project as a whole and the park is planned to be opened in the spring of 2018. Councilmember Overbeck requested an update regarding the Heritage Trail. Friesen replied the City is working with Poudre Heritage Alliance on a trail which would speak to some of the historic elements associated with this project and others. Councilmember Cunniff asked if a name for the park has been considered. Friesen replied the park has been referenced as the Poudre River Whitewater Park tonight. Councilmember Cunniff asked how much private funding has been acquired. Matt Day, Project Manager, replied private fundraising is complete and, in combination with grants and foundation dollars, the release of funds from the Community Capital Improvement fund has been triggered.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on the Housing Authority’s rebranding efforts and renaming to Housing Catalyst. The Authority won the National Award of Excellence for project design by the National Association of Housing and Redevelopment Officials for Redtail Ponds. Councilmember Overbeck thanked the City for its support of the Council Tree dedication site and reported on the Poudre Heritage Alliance national meeting for all 49 Heritage areas in the United States. He reported on a community gathering on diversity and equity issues and discussed meetings regarding safety in the Old Town area. Additionally, he reported on a national conference on addiction disorders. Councilmember Stephens reported on the Affordable Housing working group meeting. Councilmember Martinez reported on a meeting with the Youth Advisory Board and the possibility of YAB members attending the National League of Cities meeting. He announced Fort Collins has achieved a class 2 rating under the National Flood Insurance Program administered by FEMA. He announced the public hearings on the budget on September 20 and October 4. Councilmember Campana reported on the North I-25 expansion luncheon and thanked Mayor Pro Tem Horak for his work on the issue. 1.2 Packet Pg. 20 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 96 Mayor Pro Tem Horak stated the I-25 expansion work is beginning now and discussed the local community financial support for the project. Three lanes will exist from the southern entrance to Loveland north to the Mulberry exit and the project should be complete in three to four years. He reported on a meeting with representatives from the Food Truck Alliance. Councilmember Campana reported on a screening of Fort Collins: The Choice City for Whom? Mayor Troxell reported on the groundbreaking at the Twin Silos community park and a meeting with Rodelle. Mayor Pro Tem Horak reported on the Community Welcome event hosted by the City and CSU.  DISCUSSION ITEMS 10. Second Reading of Ordinance No. 103, 2016, Vacating Portions of Right-of-Way as Dedicated on the Sidehill - Filing Two and Bucking Horse Filing Three Plats. (Adopted on Second Reading) This Ordinance, adopted on First Reading by a vote of 5-0 (Campana recused; Stephens absent) vacates various streets dedicated on the Sidehill-Filing Two plat and the Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be replatted as Bucking Horse Filing Four. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 103, 2016, on Second Reading. RESULT: ORDINANCE NO. 103, 2016 ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana 11. Second Reading of Ordinance No. 100, 2016, Appropriating Prior Year Reserves in the Storm Drainage Fund to Construct the Fort Collins/Timnath Boxelder Creek Flood Mitigation Projects and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted on Second Reading) This Ordinance, adopted on First Reading on August 16, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) appropriates $979,700 from prior year reserves in the Storm Drainage Fund to cover increased project costs due to a number of additional project scope changes necessary to complete the Boxelder Creek Outfall project as it crosses Prospect Road. Eric Sutherland stated a question was posed by Councilmember Overbeck at First Reading regarding Timnath’s financial participation in the agreements. He opposed Timnath’s use of tax increment financing and noted Timnath residents do not pay stormwater fees. 1.2 Packet Pg. 21 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 97 Councilmember Overbeck requested clarification regarding Timnath’s payment. Jon Haukaas, Stormwater, replied Timnath has paid the City of Fort Collins $2 million to date. The remaining funds will be billed to Timnath as the work occurs. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 100, 2016, on Second Reading. Councilmember Overbeck stated his questions have been answered and he will be supporting the motion on Second Reading. RESULT: ORDINANCE NO. 100, 2016, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak NAYS: Cunniff 12. First Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. (Adopted as Amended on First Reading) The purpose of this item is to consider adoption of the Community Recycling Ordinance (CRO). This ordinance would allow private haulers the option to apply a service surcharge on residential trash and recycling bills; require private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt-in fee; require private haulers to provide recycling service to businesses and apartment complexes by 2020; and require grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. NOTE: Highlighted blanks on page 12 of Ordinance No. 109, 2016, must be completed by adoption of a motion or as part of the vote on the Ordinance. Jeff Mihelich, Deputy City Manager, stated this item supports Council adopted goals on the City’s Road to Zero Waste. Numerous public and stakeholder meetings have occurred leading to many good compromises. Caroline Mitchell, Environmental Planner, stated the community recycling ordinance consists of four key elements and various administrative changes. Haulers have requested the ability to reenact a service surcharge, which will be instituted at the discretion of haulers. Curbside collection of yard trimmings and organic material from single-family homes will also be an option with all haulers. Recycling will be brought to all multi-family and commercial operations in the community by 2020. Mihelich noted the Ordinance includes a specific requirement that staff bring back the organics collection aspect to a work session within the next year. Mayor Troxell asked about the haulers’ preference regarding phase-in. Mihelich replied haulers have requested 100% phase-in by the end of 2020. Kevin Cross, Fort Collins Sustainability Group, stated the Group is generally pleased with the Ordinance in its current form; however, he encouraged the consideration of restaurant and food scraps collection, suggested additional organic material digested at the Drake Water Reclamation 1.2 Packet Pg. 22 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 98 Facility be kept separate from the general sewage stream, and urged Council to institute the most ambitious phase-in schedule. Katie Rupsis suggested haulers should consider the implementation of decreased bills and the option of every two-week trash pick-up rather than being allowed to apply a service surcharge. She commended the zero waste goal but suggested it should be advertised more thoroughly. Lynn Wang suggested the zero waste goal should be advertised more thoroughly. Eric Sutherland stated this item does not focus on creating solutions and the market for recyclables is flooded. Councilmember Cunniff requested information regarding the output of the biodigester as discussed by Mr. Cross. Mihelich replied there is a way to isolate some of the restaurant and food waste in a separate treatment system; a more detailed response will be provided. Councilmember Stephens thanked the speakers and commended the suggestions regarding recycling education and advertising. Mitchell replied education is one of the primary roles played by the City and one of the primary recommendations for recycling outreach is a variety of types and regular frequency. Mayor Troxell asked if the community's major haulers provide yard waste options. Mitchell replied one hauler offers it extensively, one to some locations, and the third not at all. Mayor Troxell discussed the Waste Shed Policy Group on which he and Councilmember Cunniff serve and commended the public outreach efforts completed in bringing the ordinance forward. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 109, 2016, on First Reading, with language amendments to insert 40% goals by 2018 and 100% by 2020. Councilmember Cunniff thanked community members and staff for their work on the item and commended maintaining the “pay as you throw” incline rate and supported an increase in educational efforts. He noted the City sets the rate structure; however, the haulers set the actual rates. Councilmember Overbeck suggested the creation of a short video on recycling for presentation at movie theaters. Councilmember Campana thanked staff for work on the item noting public support is high. Councilmember Martinez commended Deputy City Manager Mihelich for his work with the community's trash haulers. Mayor Troxell commended the public outreach efforts. City Attorney Daggett suggested language which would require staff to return within a year regarding organics recycling and a potential amendment to the ordinance. Mayor Pro Tem Horak suggested the language address a work session rather than an ordinance amendment. 1.2 Packet Pg. 23 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 99 Councilmember Cunniff suggested not including that language in this ordinance and Council concurred. RESULT: ORDINANCE NO. 109, 2016, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 13. Second Reading of Ordinance No. 098, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use Tax and Business Personal Property Taxes as Provided in Business Investment Agreements. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $413,781 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Manufacturing, Inc. for use tax and business personal property tax rebates under two business investment agreements. The agreements provide business investment assistance to Avago for the expansion and retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These two projects created an additional 227 primary jobs in the City. Eric Sutherland questioned the need for granting reimbursements to companies for their participation in the local economy and stated there have always been prohibitions against making multiple-year financial obligations. Mayor Troxell asked if Avago has been acquired by Broadcomm. SeonAh Kendall, Economic Health Manager, replied the corporate name is still Avago; however, they are doing business as Broadcomm and payments are going to Avago. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 098, 2016, on Second Reading. Mayor Pro Tem Horak requested information from City Attorney Daggett regarding Mr. Sutherland’s statements that this is illegal. City Attorney Daggett replied Council has adopted a number of policy objectives and goals that relate to the kinds of economic health issues this agreement intended to accomplish. Mayor Pro Tem Horak stated certain things were required of Avago and they have met their part of the agreement; therefore, it is important that the City keep its part of the agreement. RESULT: ORDINANCE NO. 098, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1.2 Packet Pg. 24 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 100 14. Second Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $151,316 of prior year reserves for a rebate to Woodward, Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. Eric Sutherland stated these types of appropriations should be made out of reserves in an irrevocable escrow or other means so has to keep future Councils from being obligated to go through this process. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 099, 2016, on Second Reading. RESULT: ORDINANCE NO. 099, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Councilmember Cunniff clarified it is the intent of Council to have staff return within a year to discuss organics composting and recycling. Mayor Pro Tem Horak suggested the presentation of a positive report on the recycling ordinance effort. Motion to waive attorney-client privilege and release a memorandum regarding the Keep Fort Collins Great tax and the Taxpayers' Bill of Rights Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council waive the attorney-client privilege solely with respect to the communications contained in the memo dated September 6, 2016, from the City Attorney to the Mayor and City Councilmembers concerning Keep Fort Collins Great tax ballot question submitted to the voters at the City’s upcoming November 8 special election, and direct the City Attorney to make the specified memo available to the public upon request. Mayor Pro Tem Horak stated this is another aspect of ensuring transparency around this topic. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1.2 Packet Pg. 25 Attachment: September 6, 2016 (4810 : minutes-August 30) September 6, 2016 City of Fort Collins Page 101  ADJOURNMENT The meeting adjourned at 8:06 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 26 Attachment: September 6, 2016 (4810 : minutes-August 30) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Bob Adams, Recreation Director SUBJECT Second Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 6, 2016, appropriates sub-grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 6, 2016 (PDF) 2. Ordinance No. 105, 2016 (PDF) 2 Packet Pg. 27 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Bob Adams, Recreation Director SUBJECT Items Relating to the Vida Sana Grant. EXECUTIVE SUMMARY A. Resolution 2016-069 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to approve a Vida Sana sub-grant agreement and appropriate sub-grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading BACKGROUND / DISCUSSION The City of Fort Collins Recreation Department previously received Vida Sana sub-grant funds for discounted recreation programs in the 2013, 2014, and 2015 funding cycles. The Vida Sana Grant will fund salaries to support a program coordinator, program staff, and two exercise coaches. Additional funds will support operating costs, administration of venue and costs for participation of group based scheduled exercise programs at Northside Aztlan Community Center (NACC). The sub-grant Agreement/Memorandum of Understanding outlines the provisions for which the grant was awarded. The Agreement requires appropriate reporting and a commitment to fulfill the purposes of the underlying Colorado Department of Public Health and Environment grant awarded to PVHS, and additional sub-grant terms and conditions. The Agreement will guide Recreation Department staff through June 30, 2017 to successfully fulfill all aspects of the grant requirements. The proposed Ordinance appropriates the sub-grant funds in the amount of $64,646 to be expended in support of the Vida Sana programming goals of improving community access to healthy lifestyle counseling and programming, as further described in the sub-grant Agreement. ATTACHMENT 1 2.1 Packet Pg. 28 Attachment: First Reading Agenda Item Summary, September 6, 2016 (4818 : SR 105 Vida Sana) Agenda Item 6 Item # 6 Page 2 CITY FINANCIAL IMPACTS $64,646 total funded to support the program based on following data: $43,413 salaries to support program coordinator, program staff, and exercise coaches. $21,233 operating costs, administration of venue, and costs for participation of group based scheduled exercise programs at NACC. 2.1 Packet Pg. 29 Attachment: First Reading Agenda Item Summary, September 6, 2016 (4818 : SR 105 Vida Sana) -1- ORDINANCE NO. 105, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE RECREATION FUND FOR THE VIDA SANA PROGRAM WHEREAS, Poudre Valley Health System (“PVHS”), through its Community Health Improvement Department, has received a grant from the Colorado Department of Public Health and Environment Office of Health Equities for the grant period beginning July 1, 2016 through June 30, 2017 to fund the Vida Sana program; and WHEREAS, the City of Fort Collins Recreation Department has received a Vida Sana program sub-grant from the Poudre Valley Health System Foundation (“PVHSF”) as fiscal administrator for the PHVS grant award; and WHEREAS, the Vida Sana Grant will focus on targeted health disparate populations within Fort Collins to address health disparities by allowing community members to participate in discounted healthy lifestyle counseling and programs; and WHEREAS, the grant totals $64,646, and will fund salaries for a program coordinator, program staff and two exercise coaches, who will engage participants through the City's Northside Aztlan Community Center; and WHEREAS, Resolution 2016-069 authorizing the grant agreement was approved by the City Council on September 6, 2016; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Recreation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Recreation Fund the sum of SIXTY FOUR THOUSAND SIX HUNDRED 2.2 Packet Pg. 30 Attachment: Ordinance No. 105, 2016 (4818 : SR 105 Vida Sana) -2- FORTY SIX DOLLARS ($64,646) for the Vida Sana program to eliminate health disparities among community members regarding access to healthy lifestyle counseling and programming. Introduced, considered favorably on first reading, and ordered published this 6th day of September A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 31 Attachment: Ordinance No. 105, 2016 (4818 : SR 105 Vida Sana) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Bob Adams, Recreation Director Ken Mannon, Operations Services Director SUBJECT Second Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 6, 2016, appropriates $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (PDF) 2. Ordinance No. 106, 2016 (PDF) 3 Packet Pg. 32 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Bob Adams, Recreation Director Ken Mannon, Operations Services Director SUBJECT First Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The EPIC facility will be celebrating 30 years of operation in 2016 and is starting to show its age. It has been the most heavily used facility in the Recreation Department for many years, and last year hosted over 400,000 participants using ice and aquatic facilities.  In 2011, EPIC experienced chloramine issues.  In 2012, EPIC hired Ohlson Lavoie to complete a full Natatorium Assessment.  In 2013, Operation Services improved some of the air handling issues using major maintenance funding.  In 2014, BFO offers were developed to replace the bulkhead and to improve the pump room to meet standard turnover rates. o The Council funded this project of $2,081,000 for the 2016 budget year. o In addition, the Council has funded the EPIC Lobby Renovations through $410,819.70 in recreation reserve funds.  During the renovation process, leaks were discovered in the gutter drain and the jets for the therapy pool. The age of the pool shell has caused water to penetrate both the tile and concrete shell and has affected the rebar in the pool shell. At this time the therapy pool will not open when the EPIC pool renovation is complete. The Therapy Pool will remain closed until funding is identified. The funding to repair the leaks of therapy pool is $353,000.  The tile work being completed with the pool renovation is only addressing the first 3 feet around the pool area on the north and east sides of the pool and in small areas on the south and west sides of the pool to account for drainage. The project team has identified the closest match to the dark blue, light blue, and white existing tile. However, there will be a noticeable difference. The team recommends funding an additional $247,000 to remove the remaining tiles and replace with new matching tile. This will also require abatement of the existing dark blue tile which contains a lead coating. ATTACHMENT 1 3.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4819 : SR 106 EPIC Therapy Pool Repair) Agenda Item 7 Item # 7 Page 2 The therapy pool construction and pool deck tile schedule could not be complete during the current renovation schedule. However, the natatorium will be opened to the public as the City completes the therapy pool repairs. This project involves construction estimated to cost more than $250,000 and, pursuant to Sec. 23-203 of the City Code, a portion of the appropriated project funds must be set aside for the City’s Art in Public Places (APP) program. To comply with the APP ordinance, one percent of the project funds appropriated by the proposed Ordinance (totaling $6,000) will be transferred to the Cultural Services and Facilities Fund, to be divided therein pursuant to Sec. 23-203 for art acquisition and maintenance expenses. CITY FINANCIAL IMPACTS This Ordinance provides $600,000 in Recreation Reserve funds for the benefit of the EPIC pool renovation, and includes $6,000 in contributions to the APP program. A funding summary of the project is provided below. Total appropriated through 2016 Budget $2,081,000 Total appropriated from Recreation Fund Reserves for Lobby Renovations $ 410,819 Total to-date funding $2,491,819 Therapy Pool repairs $ 350,000 Deck tile replacement $ 244,000 Art in Public Places project contribution $ 4,680 Art in Public Places maintenance contribution $ 1,320 Total additional funding requested $ 600,000 ATTACHMENTS 1. Staff memo, August 25, 2016 (PDF) 3.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4819 : SR 106 EPIC Therapy Pool Repair) -1- ORDINANCE NO. 106, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE RECREATION FUND FOR THERAPY POOL REPAIR AND TILE REPLACEMENT AT THE EDORA POOL ICE CENTER AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City is the owner of the property known as the Edora Pool Ice Center (“EPIC”); and WHEREAS, the EPIC facility is celebrating 30 years of operation in 2016 and has been the most heavily used facility in the Recreation Department averaging over 400,000 participants annually; and WHEREAS, the City Council has funded improvements for replacing bulkheads, improving pump room operations, and remodeling the EPIC lobby in 2016; and WHEREAS, staff has identified a need to appropriate $600,000 for the repair of water leaks located in the therapy pool that were discovered during the pool renovation process and the replacement of the tile on the natatorium (pool) deck to match the tile throughout the area; and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Recreation Fund the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000) for 3.2 Packet Pg. 35 Attachment: Ordinance No. 106, 2016 (4819 : SR 106 EPIC Therapy Pool Repair) -2- expenditure in the Recreation Fund for the repair of water leaks located in the therapy pool and replacement of tile on the natatorium (pool) deck. Section 3. That the unexpended appropriated amount of FOUR THOUSAND SIX HUNDRED EIGHTY DOLLARS ($4,680) in the Recreation Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of ONE THOUSAND THREE HUNDRED TWENTY DOLLARS ($1,320) in the Recreation Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 3.2 Packet Pg. 36 Attachment: Ordinance No. 106, 2016 (4819 : SR 106 EPIC Therapy Pool Repair) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Pete Wray, Senior City Planner SUBJECT Second Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. EXECUTIVE SUMMARY The purpose of this item is to amend to the Land Use Code for proposed changes related to design standards for the Fort Collins Corridor Activity Center area located west of I-25 at the I-25/Highway 392 Interchange. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (PDF) 2. Ordinance No. 107, 2016 (PDF) 4 Packet Pg. 37 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Pete Wray, Senior City Planner SUBJECT Items Relating to Proposed Design Standards for the I-25/SH 392 Interchange Corridor Activity Center Area. EXECUTIVE SUMMARY A. Resolution 2016-070 Recommending to the Town Board of Windsor Approval of the Proposed Changes to the Corridor Activity Center Design Standards. B. First Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. The purpose of this item is to forward a recommendation to the Windsor Town Board on proposed Corridor Activity Center (CAC) Design Standards for Windsor, east of I-25, and amend to the Land Use Code for proposed changes related to design standards, specifically for the Fort Collins CAC area located west of I-25. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the City and the Town of Windsor entered into the Intergovernmental Agreement Pertaining to the Development of the Interstate I25/State Highway 392 Interchange (the IGA). The IGA was subsequently amended in 2012 and 2013. As part of the IGA, both the City and Windsor adopted design standards applicable to development within their respective portions of the CAC. The City and Windsor now wish to amend the previously adopted CAC design standards. This agenda item includes two parts: (1) a Council resolution providing a recommendation to the Town of Windsor regarding its proposed design standard changes applicable to Windsor’s portion of the CAC (Exhibit A to Resolution 2016-070), and (2) an ordinance to codify the proposed design standard changes applicable to the City’s portion of the CAC. Staff has been tasked with revising its land development standards for the CAC in order to more closely align with the new standards that have been proposed by Windsor. While the standards contained in the Land Use Codes for both jurisdictions are not identical, the proposed standards more closely match, so that both sides of the Interstate Highway will develop in an equal fashion over time. In 2010, recognizing that the I-25/392 Interchange is an important gateway feature for Fort Collins and Windsor, a Corridor Activity Center (CAC) overlay zone district was created. The CAC area is defined to include zoning boundaries within the immediate area surrounding the Interchange (Attachment 1). The CAC established land use and gateway design standards to complement and enhance the implementation of the Northern Colorado Regional Communities I-25 Corridor Plan (Regional Plan), with the District added to the Land Use Codes of each community. As part of the Intergovernmental Agreement between the City and the Town, both Land Use Codes were amended in order to implement the vision and establish a new list of ATTACHMENT 1 4.1 Packet Pg. 38 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4820 : SR 107 I-25/392 CAC Design Standards) Agenda Item 8 Item # 8 Page 2 permitted land uses, and establish design standards for this joint planning area. Since the completion of the I- 25/SH 392 Interchange project, the Town of Windsor and City of Fort Collins have continued to coordinate development activity within the CAC area. In an effort to ensure high quality site, landscape and building design, the Town and City are considering the adoption of additional standards for future development within the CAC. The proposed revision to portions of Fort Collins Land Use Code, Section 3.9, is to be more consistent with the proposed revisions as offered by the Town of Windsor. Windsor intends to adopt changes to its CAC design standards concurrent with the City’s adoption of the proposed changes to its CAC design standards. The IGA requires that changes to the CAC design standards be accomplished by written agreement between the City and Windsor. In addition to making a recommendation to the Windsor Town Board on the proposed CAC design standard changes, the Council resolution includes language authorizing the City Manager to sign an amendment to the IGA memorializing the CAC design standard changes made by both the City and Windsor. CITY FINANCIAL IMPACTS There are no recognized direct financial impacts from the proposed new design standards for the Fort Collins side of the CAC area. The proposed new landscape standards require some additional design and landscape planting materials for a potential new development project in the CAC area by the developer. BOARD / COMMISSION RECOMMENDATION On May 12, 2016, the Planning and Zoning Board voted (6-0, Boardmember Hobbs absent) on its consent agenda to recommend that City Council approve the proposed design standards for the Fort Collins CAC area. On August 11, 2016 the Planning and Zoning Board voted (6-0, Boardmember Carpenter absent) on its consent agenda to recommend that City Council approve the proposed design standards for the Windsor CAC area. PUBLIC OUTREACH The Town of Windsor and City of Fort Collins hosted the following joint meetings as part of the process to consider potential amendments to the I-25 SH 392 IGA: 2015: 11/25/15 Joint Elected Officials meeting 12/7/15 Joint staff meeting 2016: 1/21/16 Open House Meeting in Windsor 4/1/16 Windsor Town Board Work Session 4/11/16 Windsor Town Board Meeting 5/10/16 Fort Collins Council Work Session ATTACHMENTS 1. I-25/392 CAC map (PDF) 4.1 Packet Pg. 39 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4820 : SR 107 I-25/392 CAC Design Standards) -1- ORDINANCE NO. 107, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE 3, DIVISION 3.9.12 OF THE LAND USE CODE REGARDING CORRIDOR ACTIVITY CENTER DESIGN STANDARDS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, since the time of adoption, the Land Use Code has been regularly amended not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, on January 3, 2011, the City and the Town of Windsor entered into an Intergovernmental Agreement (the “IGA”) regarding development of the Interstate 25/State Highway 392 Interchange and such IGA was subsequently amended in 2012 and 2013; and WHEREAS, pursuant to the IGA, the City and the Town of Windsor adopted design standards for the development of properties within the Corridor Activity Center (the “CAC”); and WHEREAS, the City and the Town of Windsor wish to make coordinated changes to their respective CAC design standards to further facilitate high quality, compatible development within the CAC; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.9.4(B) of the Land Use Code is hereby amended to read as follows: 3.9.4 - Landscaping Standards . . . (B) Site Perimeter Landscaping Abutting the I-25 Right-of-Way. (1) Buffers abutting I-25. Developments with a site perimeter which is adjoining the I-25 right-of-way shall provide a landscaped buffer of at least eighty (80) feet between the building or parking lot edge and the I-25 right-of-way. The buffer 4.2 Packet Pg. 40 Attachment: Ordinance No. 107, 2016 (4820 : SR 107 I-25/392 CAC Design Standards) -2- shall consist of informal clusters of deciduous and evergreen trees and shrubs planted in an offset pattern and shall consist of one (1) tree and ten (10) shrubs per twenty-five (25) lineal feet of frontage. (2) Berms. Berms greater than three (3) feet in height shall not be permitted adjoining the I-25 right-of-way if they block long-range views of mountains and open lands for motorists on I-25 (not including motorists on frontage roads or ramps). Notwithstanding this limitation, additional berm height may be required to screen the following areas visible to motorists on I-25: parking lots, drive-thru lanes, and service areas, including but not limited to, loading areas, service entrances, and trash and recycling enclosures. (3) Parking and Service Areas. When berms screening parking and service areas are less than five feet in height, berms and surrounding landscape areas shall be planted with a minimum of eight (8) trees and eight (8) shrubs per one-hundred (100) lineal feet. A minimum of 50% of the required trees shall be evergreens. (4) Additional Screening Elements. In conjunction with the buffering, landscaping and berms, additional elements allowed within the 80-foot buffer may include screen walls in accordance with the provisions of Section 3.9.8(A) (B) and (C). Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 41 Attachment: Ordinance No. 107, 2016 (4820 : SR 107 I-25/392 CAC Design Standards) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director Tawnya Ernst, Real Estate Specialist III SUBJECT Second Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 6, 2016, authorizes the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (PDF) 2. Ordinance No. 108, 2016 (PDF) 5 Packet Pg. 42 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director Tawnya Ernst, Real Estate Specialist III SUBJECT Items Relating to Horsetooth Foothills Land Conservation Project. EXECUTIVE SUMMARY A. Resolution 2016-071 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County for the Horsetooth Foothills Land Conservation Project. B. First Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. The purpose of this item is to seek City Council authorization to enter into an Intergovernmental Agreement (IGA) with Larimer County for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. Ordinance No. 108, 2016 will authorize the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Larimer County and the City have identified the foothills west of Fort Collins as a conservation priority and have partnered multiple times to conserve land in this area. The City’s Natural Areas Master Plan identifies the foothills west of Fort Collins as a key conservation priority. The area supports prime wildlife habitat and public access for outdoor recreation. Over the past two years, Larimer County Open Lands and/or Fort Collins Natural Areas have worked with four landowners who are interested in conveying their properties for conservation. Altogether about 2,726 acres of land (on four separate properties) could be added to the existing complex of 5,700 acres of public and private conserved lands south and west of Horsetooth Reservoir. The partnership between the County and City leverages the staff and funding resources necessary to acquire the properties. In addition to City and County resources, the partners applied to Great Outdoors Colorado (GOCO) for two grants. Larimer County submitted the grant applications on behalf of the partners. In 2015, the project was awarded a $1 million GOCO grant to help cover approximately $3 million in conservation costs to acquire 359 acres. The remaining costs of this fee acquisition will be split between the partners, with the County contributing approximately $1.25 million and the City $750,000. In 2016, the project was awarded a $4 million GOCO grant to help cover the approximately $9 million in conservation costs to conserve an additional 993 acres in Fee and 1,374 acres in Conservation Easements (CE). The remaining $5 million in costs will be split by the County and City approximately 50/50. ATTACHMENT 1 5.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4822 : SR 108 Horsetooth Foothills Land Agenda Item 9 Item # 9 Page 2 The County is the lead on three property negotiations and the City is the lead on one. GOCO requires that a conservation easement be placed upon all lands purchased in fee and the conservation easement must be held by a third party. The County will own and manage three properties totaling 852 acres and the City will hold the conservation easements. The City will own and manage one 500-acre property and the County will hold the GOCO-required conservation easement. The County will hold conservation easements on two additional properties totaling 1,076 acres and the City will hold conservation easements on two additional parcels totaling 308 acres. The attached Vicinity Map (Attachment 1) shows the general location of the four properties; the exact locations of the properties and the names of the property owners are not shown as the negotiations are still underway. CITY FINANCIAL IMPACTS The total cost to conserve the four properties as described is estimated at $12 million; which will be approximately split: GOCO $5 million, County $3.7 million, and City $3.3 million. The total area conserved will be 2,726 acres (1,352 acres in Fee and 1,374 acres in CE). BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board recommended unanimously that City Council approve the IGA with Larimer County to implement the Horsetooth Foothills Land Conservation Project. The Board stated this is exactly the kind of partnership that the City, County and GOCO should engage in for future land conservation. PUBLIC OUTREACH Natural Areas Department updated the Natural Areas Master Plan in 2014 after two years of public input. The Master Plan identifies foothills land conservation as a very high priority. ATTACHMENTS 1. Vicinity Map (PDF) 2. Land Conservation & Stewardship Board minutes, August 10, 2016 (PDF) 5.1 Packet Pg. 44 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4822 : SR 108 Horsetooth Foothills Land -1- ORDINANCE NO. 108, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT TO LARIMER COUNTY ON PROPERTY TO BE ACQUIRED BY THE CITY AS PART OF THE HORSETOOTH FOOTHILLS LAND CONSERVATION PROJECT WHEREAS, the City and Larimer County have been working together on the purchase of interests in several properties in the foothills west of Fort Collins as part of the regional Horsetooth Foothills Land Conservation Project (the “Project”); and WHEREAS, Great Outdoors Colorado (GOCO) has awarded the County funding to assist in acquiring properties for the Project; and WHEREAS, the City Council is being asked to consider and approve, by separate resolution, an intergovernmental agreement between the City and the County regarding their respective roles in the Project (the “Agreement”); and WHEREAS, as part of the Project the City is currently negotiating to purchase a 500 acre property as described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the City, County and GOCO would each provide a portion of the funds needed for purchase of the Property; and WHEREAS, under the terms of the Agreement, if the City purchases the Property it would then convey a conservation easement on the Property to the County, in order to meet GOCO’s grant requirements; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of a conservation easement on the Property to Larimer County as provided herein, once the City has acquired the Property, is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey a conservation easement to the County on terms and conditions consistent 5.2 Packet Pg. 45 Attachment: Ordinance No. 108, 2016 (4822 : SR 108 Horsetooth Foothills Land Conservation) -2- with this Ordinance, together with such terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the conservation easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 46 Attachment: Ordinance No. 108, 2016 (4822 : SR 108 Horsetooth Foothills Land Conservation) Parcel I Those parcels of land in Sections 17, 18 and 20, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado as described in deeds recorded December 22, 1980 in Book 2094 at Page 60 and January 14, 1993 at Reception No. 93002989 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96002893 excepting therefrom those parcels described in deeds recorded January 14, 1993 at Reception No. 93002990 and February 19, 1993 at Reception No. 93010695 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96028092 and July 10, 1998 at Reception No. 98057894 Parcel II Lot 2 of the Boots Minor Land Division Plat in the Southwest Quarter of Section 8, Township 6 North, Range 69 West of the 6 th P.M., County of Larimer, State of Colorado. EXHIBIT A 5.2 Packet Pg. 47 Attachment: Ordinance No. 108, 2016 (4822 : SR 108 Horsetooth Foothills Land Conservation) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Caroline Mitchell, Environmental Planner Jackie Kozak-Thiel, Chief Sustainability Officer Jeff Mihelich, Deputy City Manager Lucinda Smith, Environmental Sustainability Director Susie Gordon, Senior Environmental Planner SUBJECT Second Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 6, 2016, adopts the Community Recycling Ordinance (CRO). This ordinance allows private haulers the option to apply a service surcharge on residential trash and recycling bills; requires private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt-in fee; requires private haulers to provide recycling service to businesses and apartment complexes by 2020; and requires grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. Since First Reading, three minor changes have been made and are highlighted in the Ordinance. The first two changes modify language related to variances to clarify that an extension can be requested at the end of any variance period, with no limitation as to how many variances may be requested so long as the variance criteria continue to be met (see pages 3 and 13 of the Ordinance). The third change is a grammatical correction on page 16. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (PDF) 6 Packet Pg. 48 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Caroline Mitchell, Environmental Planner Jackie Kozak-Thiel, Chief Sustainability Officer Jeff Mihelich, Deputy City Manager Lucinda Smith, Environmental Sustainability Director Susie Gordon, Senior Environmental Planner SUBJECT First Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. EXECUTIVE SUMMARY The purpose of this item is to consider adoption of the Community Recycling Ordinance (CRO). This ordinance would allow private haulers the option to apply a service surcharge on residential trash and recycling bills; require private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt-in fee; require private haulers to provide recycling service to businesses and apartment complexes by 2020; and require grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. NOTE: Highlighted blanks on page 12 of Ordinance No. 109, 2016, must be completed by adoption of a motion or as part of the vote on the Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff recommends the implementation option whereby 40% of existing, non-recycling multi-family and commercial customers would add recycling by the end of 2018 and the remainder by the end of 2020. BACKGROUND / DISCUSSION In 2013, Fort Collins City Council adopted a goal of recycling or composting 75% of the community’s discards by 2020, leading to an ultimate goal of zero waste. The CRO builds on existing policy and is designed to make progress toward Council’s adopted goals. The CRO consists of four areas: single-family residential trash and recycling billing, optional single-family yard trimmings collection service, recycling for multi-family complexes and businesses, and grocer composting. City Council considered the CRO during work sessions on October 13, 2015, January 26, 2016, and June 28, 2016. The ordinance presented is a reflection of the feedback from these work sessions. City staff also worked closely with Fort Collins trash haulers to ensure the Ordinance is feasible for them (see notes from meetings with haulers in Attachment 11). Specifically, the method for delivering multi-family and commercial recycling was a recommendation from haulers as a way to provide recycling service with minimized administrative burden. ATTACHMENT 1 6.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4821 : SR 109 CRO) Agenda Item 14 Item # 14 Page 2 Single-Family Pay-As-You-Throw In 1996, Fort Collins adopted a Pay-As-You-Throw (PAYT) ordinance, which applies to single-family residents. It bundles recycling in with the cost of trash service, and requires that trash services be charged by volume by prescribing a percent price difference between the sizes of trash carts. Trash and recycling service in Fort Collins is provided by the private sector, and haulers set their own rates for service - the PAYT provides the framework through which that service is delivered. PAYT has become an EPA-recognized best practice to encourage recycling and reduce waste; over 9,000 communities across the US utilize PAYT. The CRO keeps Fort Collins’ PAYT intact. 1. Service Surcharge The CRO permits a service surcharge, which reinstates a fee that private haulers were able to charge prior to 2009. In order to account for fluctuating costs outside the haulers’ control such as the cost of fuel or charges to deliver recyclables, the CRO enables the haulers to impose a service surcharge of up to 25% of the cost of the smallest trash cart service. Haulers who elect to apply the service surcharge would charge the same amount to all customers, regardless of the size of trash cart to which they subscribe. At current average rates charged by Fort Collins’ haulers, a 25% service surcharge would total around $3 per month. It is not anticipated to have an impact on the amount of material recycled by single-family residents in Fort Collins. 2. Single Family Opt-In Yard Trimming Service The CRO includes a requirement that private haulers who service single-family residents must offer yard trimmings collection from April through November each year starting in 2017. They may charge an extra fee for this service and the service is optional for single family customers. Two of three private single-family haulers currently offer some form of yard waste collection. 3. Business and Multi-Family Recycling According to 2015 reports from Fort Collins’ haulers, 96% of single-family residents subscribe to recycling service, whereas 70% of apartment complexes and 49% of businesses subscribe to the service. An estimated 15,000 additional tons per year of resources could be recycled every year if all Fort Collins businesses and apartment complexes recycled. The CRO requires that haulers provide recycling service to all apartment complexes and businesses by the end of 2020. To ensure progress toward the goal, the CRO proposes establishing interim targets for a percentage of the haulers’ customers to receive recycling service between 2017 and 2020. At the January 26, 2016 Work Session, an option was presented for interim targets of adding 25% of existing customers per year from 2017 through 2020. In recent discussions with the private haulers, they indicated a preference for either no mandatory interim phase-in targets, or an interim target of 40% by 2018 and 100% by the end of 2020.  It is important to note that the Ordinance as presented includes blanks for the required benchmarks from 2017 to 2020 so that City Council will have the opportunity to discuss alternative approaches and make a determination as to the benchmarks to be inserted during First Reading. 6.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4821 : SR 109 CRO) Agenda Item 14 Item # 14 Page 3 Number of Customers To Receive Recycling Service Per Year in Phase-In Approaches (Numbers represent all three haulers combined) Phase-in Version Number of Existing, Non-Recycling Business Customers to Start Recycling Number of Existing, Non-Recycling Multi-Family Customers to Start Recycling 25% per year 400 per year 17 per year 40% by end of 2018 650 by end of 2018 950 by end of 2020 27 by end of 2018 40 by end of 2020 none 1600 by end of 2020 70 by end of 2020 The CRO requires that recycling be a minimum of one-third of the overall service (both solid waste and recycling) provided to a business or multi-family customer, unless a variance has been approved for that customer. For example, if a customer receives 6 cubic yards of trash service weekly now, under the CRO that customer would receive at least 2 cubic yards per week of recycling service and 4 cubic yards per week of trash service. Customers can subscribe to more than the one-third minimum of recycling, but must have an approved variance to subscribe to less than one-third. Anticipated cost impact for businesses and apartment complexes is difficult to estimate, but could be 33-50% higher than the cost of trash service alone. However, the cost impact to a specific location (that is not currently recycling) will be significantly impacted by whether they “right size”, or adjust down, their trash service, as demonstrated below: Example of service levels with and without right-sizing recycling Current trash-only service Recycling plus trash, NO right-sizing Recycling plus trash, WITH right-sizing Cubic yards (cy) of service 6 cy of trash service 6 cy of trash service, 3 cy of recycling service 4 cy of trash service, 2 cy of recycling service Overall volume of service provided 6 cy total 9 cy total 6 cy total With adoption of the CRO, City staff would expand the existing Waste Reduction and Recycling Assistance Program (WRAP), which helps businesses and apartment complexes start or improve their recycling programs. WRAP helps with recycling program implementation, and recycling start-up rebates can be used for purchasing indoor recycling bins or other costs to start a recycling program. Because education is very important to successful recycling programs, the CRO includes requirements that haulers provide educational signage for use inside businesses or apartment complexes, as well as recycling decals on recycling containers outside the buildings. To support the haulers and provide consistency across the community, the City has committed to providing the haulers with educational signage for use in the businesses and apartment complexes. The City will also provide the haulers with decals, including pictures of accepted recyclables, for use on outdoor containers. If preferred, the haulers also have the option to generate and use their own educational materials, which would then need to be approved by the City for message consistency. 4. Grocer Composting Over 50% of the material still being landfilled by the Fort Collins community could be composted, such as food scraps, yard trimmings, wood and paper. These materials generate methane when landfilled, which is a potent greenhouse gas. While strong interest remains in creating programs to compost materials from more areas of the community, compost opportunities for single-family homes and restaurants are still developing. However, the compost collection systems for grocers appear to be well developed at this point; 60% of grocers in Fort Collins already compost. Agenda Item 14 Item # 14 Page 4 The CRO code language applies to grocers that dispose of 96 gallons or more of compostable material per week, which is the lowest level of service available. Due to extensive donation and waste prevention activities, Beavers’ Market disposes of much less than 96 gallons of compostables per week and they would not be required to compost under the CRO. Fort Collins grocers that do not currently compost that would be affected by the ordinance include Safeway, Albertson’s and Super Target stores. Staff conducted outreach to these locations, and none of them expressed concern about starting composting. Future Consideration of Residential Organics Collection and Restaurant Composting Residential curbside collection of food scraps and yard trimmings and requiring restaurants to compost were included in the originally-proposed CRO. They have since been removed and delayed for future consideration for the following reasons:  Ongoing analysis of the quantities of food scraps generated in Fort Collins will provide greater accuracy about the volume of material available  Potential new technologies are under consideration, such as increased anaerobic digestion capacity at the Drake Water Reclamation Facility  Regional Planning project in collaboration with Loveland, Larimer County and Estes Park includes a focus on options for composting organics. The first half of a two-season waste characterization of materials landfilled from Fort Collins was completed this spring, and showed that 58% of the residential material and 40% of the commercial / multi-family material landfilled could be composted (see more detail in Attachment 4). It is clear that finding options for composting are essential to meeting the Road to Zero Waste goals as well as greenhouse gas reduction goals. Given the evolving conversations about this topic, staff will return to Council to discuss compost collection for residential generators and restaurants in one year. During the process of drafting the ordinance, a conversation arose regarding the appropriate amount and method for haulers to share information regarding HOA / group account information with City staff. The information is needed for enforcing the PAYT ordinance as well as to enable staff to proactively work with management companies to ensure educational information is distributed to residents in HOAs. Additional discussion is needed to develop a resolution. Staff proposes to revisit this topic next year when organics collection options are discussed. Impacts of programs A summary of the greenhouse gas impacts, diversion from the landfill estimations, and modeled cost for service impacts are included in Attachment 1. Additional Information At the June 28 work session, City Council requested additional information, which is included as attachments. The information includes:  Context for the CRO in relation to the waste stream as a whole, Road to Zero Waste (RTZW) goal and RTZW Plan elements (Attachment 4)  Best practices in recycling education (Attachment 5)  A summary of best practices and lessons learned from Colorado communities with compost programs (Attachment 6)  A compilation of the municipal organization’s waste reduction and recycling programs (Attachment 7)  Information about how the recycling tip fees at the Larimer County Recycling Center are calculated (Attachment 8). 6.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4821 : SR 109 CRO) Agenda Item 14 Item # 14 Page 5 CITY FINANCIAL IMPACTS The CRO is implemented by the private sector and is funded by user fees for service. Regulation of haulers under the CRO is expected to be consistent with the current workload for this task and can be accomplished with existing staffing. The City’s Environmental Services Department currently provides education to the community as well as assistance to businesses and apartment complexes through WRAP (described above). To support the new locations starting to recycle, the City has offered to create and pay for educational materials for use inside businesses and graphics-based decals for application on recycling dumpsters to all haulers to use for no charge. To support the haulers and provide consistency of message, the City has also offered to create and fund the annual educational material distributed to residents by haulers. The creation of these materials can be paid for from existing Waste Reduction and Recycling program funds. Enforcement of the CRO provisions by Neighborhood Services staff can be accomplished with existing staffing until 2020, when commercial and multi-family recycling requirements go into full effect communitywide. BOARD / COMMISSION RECOMMENDATION Staff received input in 2015 from the Affordable Housing Advisory Board, Senior Advisory Board, Economic Advisory Board, Natural Resources Advisory Board (NRAB), and Air Quality Advisory Board (AQAB). The NRAB and AQAB have continued to receive updates and participate in discussion of the CRO in 2016. In June 2016, NRAB submitted a memo to Council expressing support for the December 2016 package of CRO elements, which reflects the current package except that it included the single-family curbside organics collection and required restaurant composting. In August 2016, the Air Quality Advisory Board submitted a memo in support of the proposed package and expressing interest in timely progress to further address organics. A summary of memos to Council and minutes from boards and commission meetings regarding the CRO is included in Attachment 10. PUBLIC OUTREACH Extensive public outreach was conducted on the CRO, particularly in the development stages in summer 2015. A comprehensive summary is provided in Attachment 3. Feedback from the open-ended questions in the online questionnaire centered around support for maintaining the bundled recycling / trash service for single-family homes; ensuring that incentives to recycle were maintained; interest in organics collection from single-family homes; and interest in recycling at apartment complexes and businesses. Overall feedback from public outreach was supportive of the CRO, and ASCSU (the CSU student government) submitted a memorandum of support for the project. Outstanding areas of concern for some include potential service cost increases’ impact on housing affordability, space restrictions including small trash enclosures, and expensive asphalt damage due to additional trash truck traffic. Staff also met with trash haulers all together at least seven times and many times individually throughout the project to ensure the options were feasible for them and to integrate their perspectives. Haulers also were members of the advisory group for this project. Results from the 2015 Citizens’ Survey, a statically-significant survey conducted by the City’s Communications and Public Engagement Office showed strong citizen support for recycling initiatives: 6.1 Packet Pg. 53 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4821 : SR 109 CRO) Agenda Item 14 Item # 14 Page 6  68% of Fort Collins residents expressed support for prohibiting the landfill disposal of recyclables  60% of residents supported prohibiting yard waste from being sent to the landfill Banning materials from the landfill is a step further than actions being proposed in the CRO, but these results reflect the interest in the community for additional recycling and composting opportunities. ATTACHMENTS 1. Analysis of Elements of Community Recycling Ordinance (PDF) 2. Summary of Draft Changes to Code Language for Community Recycling Ordinance (PDF) 3. Public Engagement Summary (PDF) 4. Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and Plan (PDF) 5. Recycling Education Best Practices (PDF) 6. Information Regarding Composting in other Colorado Communities (PDF) 7. Municipal Recycling Progress Summary (PDF) 8. Information Regarding the Calculation of Recycling Tip Fees (PDF) 9. Sustainability Assessment Summary and Tool (PDF) 10. Summary of Board and Commission Meeting Memos, Resolutions, and Notes (PDF) 11. Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (PDF) 12. Work Session Summary Memos Regarding Community Recycling Ordinance (PDF) 13. Chapter 15, Article XV of City Code, redlined to show changes (PDF) 14. Powerpoint presentation (PPTX) 6.1 Packet Pg. 54 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4821 : SR 109 CRO) -1- ORDINANCE NO. 109, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO COLLECTION AND DISPOSAL OF REFUSE, RUBBISH AND RECYCLABLES, AND SOLID WASTE COLLECTION AND RECYCLING SERVICES, INCLUDING REPEALING AND REENACTING CHAPTER 15, ARTICLE XV OF CITY CODE WHEREAS, pursuant to Ordinance No. 116, 1990, the Fort Collins City Council repealed and reenacted Chapter 15, Article XV of the Fort Collins City Code entitled “Solid Waste Collection and Recycling Services” to establish curbside recycling service for each single-family residential solid waste collection service customer within the City; and WHEREAS, pursuant to Ordinance No. 058, 1995, the Fort Collins City Council amended Chapter 15, Article XV of the Fort Collins City Code to establish a requirement of volume based rates for the collection of solid waste (sometimes referred to as “pay as you throw” or “PAYT”); and WHEREAS, pursuant to Resolution 2013-111, the Fort Collins City Council adopted a goal of diverting 75% of the community’s waste stream from disposal to reuse or recycling by 2020, 90% by 2025, and 100% by 2030; and WHEREAS, implementing recycling at multi-family and commercial locations as well as adding yard trimmings collection service for single-family residents were identified as primary next steps in the goals set pursuant to Resolution 2013-111; and WHEREAS, 75-91% of the respondents to the City’s 2011 Air Quality and Recycling Survey agreed that businesses, multi-family homes and single-family homes should be required to recycle and that yard waste collection service should be offered to single-family homes; and WHEREAS public involvement was conducted during 2015 and 2016 at the request of the City Council, to establish the new requirements set forth in this Ordinance; and WHEREAS in 2015, 94% of single-family residential customers but only 70% of multi- family complexes and 49% of business customers subscribed to recycling service; and WHEREAS, in light of current recycling and economic conditions, the City’s commitment to the community waste reduction goals, and public and industry input and comment, the City Council has considered and desires to adopt further modifications of Chapter 15, Article XV to allow private solid waste collectors the option to apply a service surcharge on residential trash and recycling bills, require private solid waste collectors to offer optional yard trimming collection to single family customers from April through November as a separate, opt- in fee, require private solid waste collectors to provide recycling service to businesses and apartment complexes by 2020, and require licensed collectors providing food scraps collection services to grocers to segregate and properly dispose of food scraps at a compost facility rather than a landfill ; and Packet Pg. 55 -2- WHEREAS, City Council has also considered and desires to adopt modifications of Chapter 12, Article II of the City Code to require grocers to subscribe to compost collection service by the end of 2017 and make other changes consistent with the modification of Chapter 15, Article XV; and WHEREAS, City Council has determined that it is in the best interest of the citizens of the City, in the protection of public health, safety, and welfare, to further amend Chapter 15, Article XV as set forth in this ordinance to further promote the recycling of solid wastes for the purpose of enhancing the recovery of valuable natural resources, extending the life the Larimer County Landfill, and furthering the goals and objectives of the City with respect to the reduction of waste and generation of greenhouse gasses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 12-16 of Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the deletion of the definitions for the following terms and addition of new definitions for such terms, to read as follows: At the curb, or curbside, shall have the same meaning as “curbside” set forth in §15-411 of this Code. Container shall have the meaning set forth in §15-411 of this Code. Food scraps shall have the meaning set forth in §15-411 of this Code. Food store shall have the meaning set forth in §15-411 of this Code. Qualified recycling facility shall have the meaning set forth in §15-411 of this Code. Recyclable cardboard shall have the meaning set forth in §15-411 of this Code. Section 3. That Section 12-18(a) of Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the deletion of references therein to §§15-411 through 15-421 and the insertion of a reference to §15-417 in lieu thereof. Section 4. That Section 12-22(a) of Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the deletion of reference therein to §15-413(e) and the insertion of a reference to §15-416(b) in lieu thereof. Packet Pg. 56 -3- Section 5. That Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the addition of a new Section 12-23, and the sequential renumber of existing Sections 12-23 through 12-26 is hereby amended to Sections 12-24 through 12-27, with the new section 12-23 to read as follows: Sec. 12-23. – Collection requirement – Food Store Food Scraps. (a) Food stores – service requirement. Commencing on December 31, 2017, food stores within the City that dispose of more than 96 gallons of food scraps per week shall subscribe to a service for the collection of food scraps by a collector licensed to provide such services within the City or shall obtain a variance in accordance with the following provisions: (1) If a food store desires not to obtain food scraps collection services for any reason, including space constraints, donation of all food scraps for human or animal consumption, self-hauling of food store food scraps to a location or facility permitted by the State of Colorado to accept such material (but not to a landfill), disposal of food scraps via garbage disposal or other similar technology that processes food scraps for disposal via waste water infrastructure, on-site composting or failure to generate food scraps, the food store must submit a written request for variance on a form provided by the City. (2) Upon receipt of such a request for variance, the Director shall either approve the variance for good cause shown or disapprove the variance. If the variance is approved, the food store shall not be required to obtain food scraps collection services for a period of twelve (12) months from the date of approval. If, after 12 months, the constraints on which the variance was based still exist at the end of any twelve (12) month variance, the food store may submit a request for an additional twelve (12) month variance. (3) For purposes of this §12-23(a), “good cause shown” shall mean evidence presented by the food store that, to the reasonable satisfaction of the Director of the City’s Environmental Services Department, demonstrates that the customer lacks sufficient space for food scraps containers, donates all food scraps for human or animal consumption, self-hauls food scraps to a facility permitted by the State of Colorado to accept such material (but not to a landfill) or disposes of food scraps via garbage disposal or other similar technology that processes food scraps for disposal via waste water infrastructure, or by on-site composting. (b) Collection frequency. Food stores obtaining such food scraps collection services shall require collection with such frequency as is necessary to present overflow of containers. Service must be provided at least one per week, but no less frequently that may be required by the Larimer County Department of Health and Environment. (c) Disposal of food scraps. Except as permitted by a variance obtained in accordance with §12-23(a) above, a food store located within the City shall not comingle food scraps with refuse Packet Pg. 57 -4- or recyclable material or dispose of food scraps by any means other than at a location or facility permitted by the State of Colorado to collect such material (but not to a landfill). Section 6. That Chapter 15, Article XV of the Code of the City of Fort Collins is hereby repealed in its entirety and a new Chapter 15, Article XV entitled Solid Waste Collection and Recycling Services is hereby enacted to read in its entirety as follows: ARTICLE XV. SOLID WASTE COLLECTION AND RECYCLING SERVICES Sec. 15-411. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this §15-411: Basic service shall mean collection of solid waste and recyclable materials from a residential customer by a collector. Collector shall mean a person or entity providing collection service for solid waste and/or recyclables and/or food scraps and/or yard trimmings. Commercial customers shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities. Customers, other than residential customers, serviced using any type of collection container, including without limitation poly-carts, dumpsters, or roll-off bins, are considered commercial customers unless the service is provided for an active construction or demolition project permitted by the City of Fort Collins building department. Communal system for the collection of waste shall mean an arrangement for the collection of waste from multiple properties or residences using collection containers shared by those properties or residences. Composting of food scraps shall mean the process of converting these materials into a nutrient- rich soil amendment. Container shall mean a refuse container as defined in §12-16, a poly-cart, disposable bags, bin- type containers, carts or bulk-volume dumpsters or plastic receptacles, each of variable volume capacities as defined in this Article, provided by a collector to a customer and used for the collection of refuse, recyclable materials, food scraps or yard trimmings. Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk or on the street side of the curb so long as such location does not impede bike, pedestrian, or car traffic and is not on an arterial street. Packet Pg. 58 -5- Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside location or within a dumpster site. Director shall mean the Director of the City’s Environmental Services Department. Dumpster shall mean a metal or plastic container 1 cubic yard to 10 cubic yards in volume that is used to collect refuse or recyclables. Electronic equipment shall mean any electronic device or electronic component as those terms are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations 1007-3, Section 260.10. Existing customers shall mean customers with whom a collector has a written contract for collection services or for whom a collector is providing collection services, but not recycling services, as of December 31, 2016. Feed animals shall mean to divert for use as animal feed, in accordance with regulations established by Colorado Department of Public Health and Environment. Feed hungry people shall mean donate extra food to food banks, soup kitchens, and shelters and/or other methods of making extra food available for human consumption consistent with state and local regulation. Food scraps shall mean any animal- or vegetable- based staple foodstuffs, including food scraps resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and other compostable items such as food-soiled paper, provided that such materials have been designated for collection by the City Manager pursuant to §15-416. Food store shall mean a retail establishment or business located within the City in a permanent building, operating year round, that is a full-line, self-service market and which sells a line of staple foodstuffs, meats, produce, dairy products or other perishable items. "Food store" does not include: (a) temporary vending establishment for fruits, vegetables packaged meats and dairy products; (b) vendors at farmers' markets or other temporary events; (c) businesses at which foodstuffs are an incidental part of the business. Food sales will be considered to be "incidental" if such sales comprise no more than 2 percent (2%) of the business' gross sales in the city as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. Group account shall mean a customer account for solid waste collection services that provides for collection of waste from multiple residential customers, regardless of the method by which such services are contracted or arranged. An account for service arranged by a single property Packet Pg. 59 -6- owner for collection of solid waste from multiple locations owned by that property owner shall not constitute a group account for the purposes of this Article. Hierarchy for materials management shall mean the same as the definition for that term formally adopted by the US Conference of Mayors in 2015 as follows: the prioritization of methods for management of materials in the following order, from preferred use to least preferred: 1) extended producer responsibility and product redesign; 2) reduce waste, toxicity, consumption, and packaging; 3) repair, reuse, and donate; 4) recycle; 5) beneficial reuse; 6) waste-based energy as disposal; 7) landfill as disposal. Hierarchy of uses for food scraps shall mean the prioritization of methods for reducing or disposing of food scraps in the following order, from preferred use to least preferred: 1) source reduction of food scraps; 2) feed hungry people; 3) feed animals; 4) industrial uses; 5) composting; 6) disposal in a landfill or incineration. Industrial uses of food scraps shall mean to provide waste oils for rendering and fuel conservation and food scraps for digestion to recover energy. Landfill shall mean an area of land or excavation licensed by the State of Colorado to accept waste for permanent disposal. Large capacity container(s) shall mean a container with a volume capacity of more than 90 gallons but not more than 99 gallons. Medium capacity container(s) shall mean a container with a volume capacity of more than 60 gallons but not more than 69 gallons. Multi-family customers shall mean residential properties for which there is a communal system for the collection of solid waste. Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid, manufactured and used for the collection of refuse, recyclable materials, food store food scraps, or yard trimmings. For multi-family or commercial customers, a dumpster or roll-off bin with aggregate volume of multiple poly-carts shall be deemed to constitute one or more poly-carts. Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful materials from one (1) or more specified recyclable materials including items for reuse, and shall be deemed to include only a facility that meets any federal or state standards that may be established to regulate or designate such recycling facilities. Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to, materials used in packaging or storage containers that consist of three (3) or more layers of Kraft paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be considered recyclable cardboard regardless of whether it has glue, staples or tape affixed, but not if it is permanently attached to other packing material or a nonpaper liner, waxed cardboard or cardboard contaminated with oil, paint, blood or other organic material. Packet Pg. 60 -7- Recyclable materials shall mean materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable pursuant to §15-414 of this Article. Recycling shall mean the process of recovering useful materials from solid waste, including items for reuse. Recycling collector shall mean a person or entity providing recyclable collection services. Refuse shall have the meaning set forth in §12-16 of this Code. Residential customer shall mean a customer at a residential property for which a communal system for the collection of waste is not employed. Roll-off bin shall mean an open-top or gable-top metal container used to collect refuse or recycling that is 10 cubic yards or greater in capacity. Service shall mean collecting, transporting or disposing of solid waste, recyclable materials, food store food scraps or yard trimmings for consideration. Small capacity container(s) shall mean a container with a volume capacity of more than 30 but not more than 39 gallons. Solid waste shall mean all refuse, putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recyclable materials which have been source separated for collection. Solid waste collector shall mean the person who provides solid waste collection service on a regular, recurring schedule. Source reduction of food scraps shall mean reduction of the volume of surplus food generated and disposed of. Source separation shall mean to separate solid waste, recyclable materials, food scraps and yard trimmings at the waste source. Volume capacity category of containers shall mean small capacity containers, medium capacity containers, or large capacity containers placed for collection of solid waste, recyclable materials, food scraps or yard trimmings. Yard trimmings shall mean yard clippings, wood, branches, leaves, and twigs as designated for collection by City Manager pursuant to §15-416. Packet Pg. 61 -8- Sec. 15-412. - License requirement. (a) License required. No person shall operate as a collector within the corporate limits of the City without first obtaining a collection license for such activity pursuant to §15-417. (b) Exemptions. The following persons or entities are not required to obtain a solid waste or recyclable collection license: (1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity; (2) A person who transports solid waste or recyclable materials produced by such person; (3) A property owner or agent thereof who transports solid waste, recyclable materials, yard trimmings or food scraps left by a tenant upon such owner's property, so long as such property owner does not provide collection service for compensation for tenants on a regular or continuing basis; (4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the particular demolition, construction or landscape work being performed by such person. (c) Volume-based rates for solid waste service. (1) Any person licensed to operate as a collector within the City shall charge all residential customers, including, but not limited to, residential customers provided service through a group account, on the basis of the volume capacity category of the solid waste containers placed for collection by each residential customer. Collectors shall determine a rate for, and offer to residential customers, the small capacity container solid waste service, and that rate shall be used to determine the rates for all other service levels. Said charges shall be based upon the solid waste container size, rather than the volume of solid waste actually deposited within such containers by the residential customers. The charge for additional solid waste containers of the same volume capacity category shall be no less than one hundred (100) percent of the charge for the first such container. The charge for solid waste volumes in excess of a customer’s service subscription level (based on volume capacity category) shall be proportional by volume to the collector's standard rate for a small capacity container. (2) In order to further ensure that the charge for the collection of solid waste is based upon volume as required above, any person licensed as a collector shall provide to each residential customer containers (which may include disposable bags), or labels to be attached to customer-provided disposable bags, showing the volume capacity category of Packet Pg. 62 -9- such bags, or shall establish another system for accomplishing the same purpose which is acceptable to the City. A solid waste collector shall arrange for provision of service to each group account in a manner that results in an individual selection by each individual residential customer of a level of service from the full range of volume capacity category container sizes and levels of service offered by the collector. In the case of a group account, the solid waste collector shall require a written contract confirming compliance with the provisions of this Article. (3) In offering or arranging for services, a collector shall provide reasonable notice of the full range of volume capacity category container sizes or levels of service offered by the collector, and shall provide to each residential customer that customer's requested volume capacity category container size or level of service. (4) It shall be unlawful for any person to knowingly attach any label to a container exceeding in volume the volume capacity category shown on, or represented by, such label, and to place said container for collection. (5) No collector shall collect or transport solid waste, recyclables, food scraps or yard trimmings which have not been placed for collection through such system or in containers upon which such labels have been attached. (6) The provisions of this §15-412(c) shall not be construed as prohibiting any collector from also establishing rules and regulations regarding the maximum weight of containers of solid waste and/or recyclable materials. (7) A collector shall not collect any overloaded container unless the collector accounts for and bills the customer the appropriate fee or charge for the collection of such excess solid waste. Loading of a container so as to prevent the lid of the container from closing securely shall be deemed to constitute overloading of the container for the purposes of this provision. The determination of overloading and charges therefor shall be made on an individual pick-up date basis, and there shall be no "averaging" of pick-up volumes to allow for overloading at one (1) time offset by a low volume at another time. (d) Fixed fees for prepaid disposable bags or labels for solid waste service. (1) Where prepaid disposable bags or prepaid labels for customer-provided disposable bags (rather than reusable containers) are provided by a collector to its customers for solid waste collection services, solid waste collectors may, but are not required to, charge a fixed fee for the purpose of covering the fixed operational costs of routing service trucks for such collections in addition to the volume based rates for the prepaid bags or labels under §15-412(c) above. (2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed seventy-five (75) percent of the monthly volume-based rate charged for one (1) small capacity container per week. Packet Pg. 63 -10- (3) In the event that a solid waste collector elects to establish a fixed fee, all bills for services provided by such collector to residential customers shall clearly show both the fixed fee and the volume-based rate. (e) Service surcharge for solid waste service. (1) In addition to the volume-based rates required pursuant to §15-412(c) above and any fixed fees permitted under §15-412(d) above for collection of prepaid disposable bags or prepaid labels for customer-provided disposable bags, collectors may, but are not required to, charge a service surcharge to residential customers. A service surcharge may be imposed only to cover fluctuating operational costs of doing business outside of a collector’s control (such as, for example, fuel costs or market based recycling fees paid by collectors). A service surcharge shall be permitted and charged only as set forth in this §15-412(e). (2) If a collector elects to charge such service surcharge, said surcharge shall not exceed twenty-five (25) percent of the monthly volume-based rate charged for one (1) small capacity container per week. (3) In the event that a collector elects to establish a service surcharge, all bills for services provided by such collector to residential customers shall clearly show both the service surcharge and the volume-based rate. Additionally, in the event that a collector elects to establish a service surcharge, such collector shall, on or before January 1 of each ensuing year, deliver to the Director a true and correct copy of such rate schedule. (f) Refusal due to recyclable materials. In the event that a collector refuses to collect any solid waste container because it contains materials required to be recycled under §12-22, the collector shall not be required under this §15-412 to credit the customer for such refused container. A collector shall not collect materials required to be recycled under §12-22 comingled in a solid waste container, except that, with respect to recyclable cardboard, a collector may, but shall not be obligated to, accept any solid waste container that has reasonably been determined, based upon visual inspection, to contain no more than twenty-five (25) percent recyclable cardboard by volume. (g) Subcontractors or agents. In the event that a collector elects to perform collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder. Sec. 15-413. - Recycling requirement. (a) Curbside/on-site collection - Residential. (1) Each solid waste collector licensed by the City shall provide to each residential customer in the City, as a part of any solid waste collection services provided by such solid waste collector and without additional charge other than a service surcharge under Packet Pg. 64 -11- §15-412(e), the collection at curbside of both solid waste and recyclable materials. Charges for such basic service provided to each residential customer shall include recyclable materials in a minimum amount equal to at least eighteen (18) gallons and need not be more than two large volume capacity containers. No collector shall be permitted to divide or diminish charges for the provision of such basic service at the request of such customer or for any other reason. (2) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services at least once per week and on the same day of the week as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for residential customers located within mobile home parks. After a collector has offered and made available to its residential customers medium and/or large capacity containers for recycling, said collector may modify its recycling collection schedule to a minimum of two collections per month as long as curbside recycling collection services are provided on the same day of the week as the day of collection of solid waste from the residential customer. When a residential customer has two large capacity containers for recycling collection, collectors may require that all recyclable materials fit inside the container provided to a residential customer. (b) On-site collection - Multi-Family and Commercial. (1) Each solid waste collector licensed by the City shall, upon request, provide to each multi-family and commercial customer (and other customers receiving solid waste collection services through a communal system of waste collection) as a part of any solid waste collection services provided by such solid waste collector, the collection of recyclable materials. Such collector shall be permitted to impose an additional charge to multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste collection) for the collection of recyclable materials. (2) The amount of recyclable materials collection that shall be provided to each multi-family and commercial customer as a part of such basic services shall be not less than one-third (1/3) of the total collection volume (including both solid waste and recyclables) for such customer based on the size of solid waste containers provided to such customer and the service frequency (“minimum recycling service”). For example, if such a customer is provided with pick-up of a 4-cubic-yard trash container that is collected once per week, the collector shall also provide minimum recycling service in an amount equal to not less than a 2-cubic-yard recycling container as a part of such basic services (2 cubic yards is one-third (1/3) of the total service volume (including both solid waste and recyclables) of 6 cubic yards). (3) Commencing January 1, 2017, each solid waste collector licensed by the City shall provide to new and existing multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste Packet Pg. 65 -12- collection) as a part of any solid waste collection services provided by such collector, the minimum recycling service calculated under §15-413(b)(2) in accordance with the schedule set forth in this §15-413(b)(3). Each solid waste collector licensed by the City must add minimum recycling service to the solid waste collection service provided to existing multi-family and commercial customers not receiving recycling service as of December 31, 2016 (“unserved multi-family and commercial customers”) in accordance with the following schedule: a. by December 31, 2018, forty percent (40%) of its unserved multi-family and commercial customers; and b. by December 31, 2020, one hundred percent (100%) of its unserved multi- family and commercial customers. Thereafter, the cost for minimum recycling service must be billed in addition to the cost of solid waste collection service for all multi-family and commercial customers. The charge for both such services may be itemized separately for billing purposes, but shall not be reduced to exclude the cost of minimum recycling service unless a variance is granted in accordance with this §15-413(b)(3). A variance may be granted by the City in accordance with the following provisions: (i) If a collector's multi-family or commercial customer declines to participate in minimum recycling collection services offered by a collector due to space constraints, self-hauling recyclables to recycling drop-off center, utilization of a separate licensed recycling collection provider other than the solid waste collector, failure to generate recyclables, or if only available location for recycling bin is not safely serviceable by hauler, the customer must submit a written request for variance on a form provided by the City and signed by the customer. A recycling bin location that is not safely serviceable is defined as a location that is substantially less safe to service than the trash bin service area for that location. Upon receipt of such a request for variance, the Director shall either approve the variance for good cause shown, or disapprove the variance. A copy of the approved or disapproved variance shall be sent by the City to the solid waste collector servicing that customer. (ii) For purposes of this §15-413(b)(3) "good cause shown" shall mean evidence presented by the customer that, to the reasonable satisfaction of the Director, demonstrates that the customer lacks sufficient space for recycling containers, self-hauls recyclables to a drop-off recycling center, utilizes a separate licensed recycling collector, generates recyclables in an amount less than one- third (1/3) of the customer’s total solid waste and recyclables, or the only available location to service recycling bin(s) is substantially less safe to service than the trash bin service area for that location and therefore is deemed unsafe to service. Packet Pg. 66 -13- (iii) If a variance is granted for a customer not generating recycling of at least one third (1/3) of the volume of waste generated, but the customer generates at least 96 gallons of recyclables per week, the variance will require that recycling service in the volume of recycling the customer generates be included as a part of solid waste collection services. (iv) If a variance is approved in accordance with the foregoing provisions, the collector shall not be required to provide such recycling services to such multi- family or commercial customer for the five (5) year period following approval of the variance, except as otherwise provided by the Code. If, after the five (5) year period, the constraints on which the variance was based still exist at the end of any five (5) year variance, the customer may submit a request for an additional five (5) year variance, except as otherwise provided by the Code. (v) If the variance is not approved, the collector shall be required to provide minimum recycling services, in addition to solid waste collection, and charge the customer for the minimum required volume of recycling services as set forth herein. (4) Collectors providing collection services to multi-family and/or commercial customers shall provide services for the collection of recyclable materials from such customers with such frequency as is necessary to prevent overflow of the recycling containers. (5) Collectors shall provide each multi-family and commercial customer with educational guidelines for recycling and signage for use inside its facilities, which guidelines and signage may be designed and provided by the collector and approved by the City or the collector may utilize City-provided guidelines and signage for this purpose. (c) Collection of recyclable materials; duties of collectors. All licensed collectors of recyclable materials and solid waste operating within the City shall have the following duties: (1) Except for materials that customers have not properly prepared for recycling, collectors may not commingle designated recyclable materials with refuse, nor dispose of recyclable materials set out by recycling customers by any means other than at a qualified recycling facility. Recyclable materials shall include all those materials designated by the City Manager pursuant to §15-416 as materials which collectors must offer to collect for recycling. (2) Collectors shall provide to each residential solid waste customer who utilizes recycling services within the City a container for storing and setting out recyclable materials meeting the requirements of this §15-413(c), clearly marked as a recyclables container with words or symbols or both. Collectors must annually offer each residential recycling customer, in writing, a choice of a medium capacity or large capacity recycling container. The collector must provide the requested container without additional charge Packet Pg. 67 -14- to such customer, except that the collector may require the payment of a refundable damage or loss deposit or a charge for lost or damaged containers, not to exceed the actual cost of the container. The collector must provide a container for recycling to all residential recycling customers except those customers who expressly decline a container, and must provide a container to any customer at any time upon request within one (1) billing period after the request is made. Collectors shall provide recycling containers to multi-family and commercial customers (in the form of containers, dumpsters, or roll-off bins as deemed appropriate for servicing the location) and with a capacity sufficient to meet one-third (1/3) of service as recycling volume requirement. Regardless of the type of container, it must be clearly identifiable as a recycling container and include a conspicuous chasing arrows decal on the side(s) of the container accessed by service or pedestrian access, as well as signage such as stickers or weather-resistant laminated posters or imprinting into the surface of the container during manufacture, of recyclable materials accepted in local collection programs, including graphics depicting acceptable materials; such information may be delivered by use of City-provided graphics or graphics provided by the collector and approved by the City. (3) The collector may establish such reasonable and industry-accepted requirements for the preparation of materials for recycling as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the collection of recyclable materials and requirements for source separation. (4) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the customer or the collector of recyclable materials shall take physical possession of any recyclable materials placed for collection. (5) Any vehicle used for the collection of recyclables must be clearly and unambiguously marked as a recycling truck, whether by permanent decals or markings, or by signage or placards displayed at all times during such use. (d) Customer notification. (1) Upon the initial provision of collection services to new residential customers, and on or before December 31 of each year with respect to existing residential customers, collectors shall notify in writing such customers of: a. the availability of the collection of recyclable materials, b. the range of recycling containers available, c. the materials designated for recycling collection pursuant to §15-416; and d. such rules and regulations as have been established by the collector for the orderly collection of recyclable materials as authorized pursuant to §15-413(b)(2). e. the variable-rate solid waste collection service options offered by the solid waste collector, Packet Pg. 68 -15- f. the related volume-based rates and service surcharges, and g. the availability of optional collection service for residential yard trimmings under §15-414. In addition, such notice shall include educational guidelines and information regarding solid waste, recycling and yard trimmings provided by the City to the collectors in electronic or printed form not later than December 31 of each year. Collectors must provide notice in paper form to all customers receiving a paper bill or paper service calendar. Collectors may provide notice electronically to customers receiving only electronic communications. (2) For group accounts, the notices required hereunder may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual residential customers within the group of the availability of recycling services and the terms of variable-rate service options, pursuant to §12-19(b). (3) All verbal and written communications with customers by or on behalf of a collector, whether in person, by telephone, in written form or through any other means, must be consistent with and clearly and accurately describe all components of the system employed by the collector to provide and charge for variable-rate solid waste collection and recycling services. (4) The collector shall deliver to the Director a true and correct copy of each form of such notification sent on or before December 31 of each year. Sec. 15-414. – Optional service – residential yard trimmings. (a) Residential service required. As of April 1, 2017, each solid waste collector licensed by the City shall make available to each residential customer receiving solid waste collection services, including customers receiving solid waste collection services through a group account, curbside collection of residential yard trimmings at least once per week from April to November of each year upon a customer’s request. (b) Rates. Collectors shall be responsible for setting rates for collection of residential yard trimmings and such charges may be billed separately from any charges for basic services, as defined in §15-411 to include collection of solid waste and recyclable materials, provided by the collector, and shall not be governed by the requirements of §15-412(c). (c) Disposal of yard trimmings. Collectors may not comingle yard trimmings with refuse or recyclable materials, nor dispose of yard trimmings at a landfill. Yard trimmings shall be disposed of by the collector at a location or facility permitted to collect organic materials for recycling, reuse or composting. Sec. 15-415. – Collection of food store food scraps. Packet Pg. 69 -16- (a) Frequency of Collection. Collectors providing food scraps collection service to food stores shall provide collection with such frequency as is necessary to present overflow of containers. Service must be provided at least one per week, but no less frequently thatthan may be required by the Larimer County Department of Health and Environment. (b) Collectors – duties. All licensed collectors of food scraps operating within the City shall have the following duties: (1) Except as permitted by variance allowed under §12-23(a), collectors may not comingle food scraps with refuse or recyclable material or dispose of food scraps by any means other than at a location or facility permitted by the State of Colorado to collect such material (but not to a landfill). (2) A collector may establish such reasonable and industry-accepted requirements for the preparation of food scraps as are necessary to provide for the orderly collection of such materials, including requirements regarding the preparation of materials for collection, the collection of materials, and requirements for separation. (3) All food scraps placed for collection shall be owned by and be the responsibility of the food store until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the food store or the collector of food scraps shall take physical possession of any such materials placed for collection. Sec. 15-416. - Designation of recyclable materials, food scraps, and yard trimmings for collection. (a) The City Manager shall, on or before the 1st day of October of each year, after consultation with the Larimer County Board of Commissioners, the Natural Resources Advisory Board and representatives of the licensed collectors operating within the City, determine which items (including recyclables, food scraps, and yard trimmings) shall be designated for collection based upon the following criteria: (1) Local, state and federal laws and regulations, including, but not limited to, the requirements of this Article; (2) Potential for waste stream reduction; (3) Availability of markets; (4) Market price; (5) Safety factors and risks of transportation; (6) Risks of comingling of liquid wastes; and Packet Pg. 70 -17- (7) Adherence to the hierarchy of materials management and hierarchy of uses of foods scraps. (b) Notwithstanding the foregoing, collection for recycling of electronic equipment shall be at each collector's option; provided, however, that no collector providing collection services for electronic equipment may dispose of any such electronic equipment, but instead shall deliver any collected electronic equipment for recycling at a qualified recycling facility for electronic equipment. (c) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article. Sec. 15-417. - Application for license. (a) Any person desiring to obtain a license to engage in the business of being a collector of solid waste, recyclable materials, food scraps, or yard trimmings within the City shall make written application to the Financial Officer on forms provided by the City. All applications for renewal of a license by a licensed collector must be submitted no later than November 30 in advance of the new license year. The application shall include, without limitation, the following information: (1) The name and address of the applicant; (2) The principal place of business for the business to be conducted; (3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste, recyclables, food scraps, and/or yard trimmings, or operated or located at any time in the City during the current or pending license year, including vehicle make, color, year, U.S. Department of Transportation safety inspection identification number, cubic yard capacity, Colorado license plate number and empty tare weight. (4) A description of the system to be used to account for and charge volume-based rates as required under §15-412(c), and a plan describing the structure and operation of the recycling collection services to be offered to each customer class. The description of the system shall include a detailed description of the means by which residential customers are notified of and offered the full range of sizes of containers provided for solid waste collection and those provided for curbside recycling and of the availability of seasonal yard trimmings collection service. In addition, the description shall provide sufficient detail to allow the Financial Officer to determine the means by which volume- based rates are applied to residential customers receiving waste-hauling services through any group account, such as the formula used to set volume-based rates for any group accounts, and the methods used to offer and account for the volume-based charges. (5) All information required pursuant to §15-418(a) for the preceding twelve-month period. Packet Pg. 71 -18- (b) The Financial Officer shall determine whether an application meets the requirements of this Article, and whether all taxes, fees, penalties, interest or other financial obligations to the City of the applicant or any predecessor in interest of the applicant have been met, and whether the applicant is in current compliance with the requirements of this Article. The Financial Officer may request such additional information as he or she deems relevant to a determination of whether the requirements of this Article will be met by the applicant. The Financial Officer may deny any application if the Financial Officer reasonably determines that any requirements of this Article will not be met by the operation proposed by the applicant, or if the applicant is ineligible for a license under the terms of a revocation determination by the City Manager pursuant to §15- 426. (c) Upon a determination by the Financial Officer of whether a license shall issue under this §15-417, the Financial Officer shall give written notice to the applicant of his or her decision thereon. An applicant whose application has been denied may, within twenty (20) days after such decision is mailed, petition the City Manager for a hearing on the denial. The City Manager shall notify the applicant in writing of the time and place of the hearing. After such hearing, the City Manager shall make such order in the matter as he or she deems just and proper and shall furnish a copy of such final order to the applicant. Sec. 15-418. - License requirements; fees and insurance. Upon approval of a license application, but prior to issuance, the collector shall furnish to the Financial Officer the following: (1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required to be identified under §15-415(a); and (2) Proof that the collector has obtained a general comprehensive liability/automobile insurance policy protecting the collector from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than five hundred thousand dollars ($500,000.) for bodily injury and property damage per occurrence or in the aggregate. (3) Proof that each vehicle required to be identified under §15-415(a) has been registered with the U.S. Department of Transportation. Packet Pg. 72 -19- Sec. 15-419. - Term of license. All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable. Sec. 15-420. - Plans, recordkeeping and reports. (a) Each collector must accurately and completely account for and record, and report to the City using a form provided by the City by November 30 of each year, the following: (1) The specific manner in which trash collection, recycling services and collection of food scraps and yard trimmings have been delivered in compliance with this Article, including, but not limited to, a complete list of all rate schedules used to charge for such services, including those offered to individual customers and those offered to group accounts, as well as the frequency of collection; (2) A description of any system used to impose and verify charges for volumes in excess of customer subscription levels; (3) The number of individual residential, multi-family and commercial customers, and any other customer category, who received collection services from the collector, by category, together with the number of group accounts within each category and the number of any such customer category that received services through a group account; (4) The number of customers within each category that subscribe to each level of solid waste, recycling, yard trimmings, or food scrap collection services, and the number of containers provided to residential customers, by size ; (b) In addition, prior to implementation of any change to operational systems, plans or structures of any licensee which are required to be reported for issuance of a license or annually hereunder, the collector must submit such changes to the City for review. (c) All information submitted to the City pursuant to this §15-420 shall constitute public information, except as otherwise provided in the Colorado Open Records Act. Any such information constituting confidential customer records or financial proprietary information and identified as such by the licensee shall be maintained as confidential by the City, unless otherwise required by court order or as agreed by the relevant party-in-interest. If the City receives a request for public inspection or a request for release of any collector customer records or collector financial information to a third party, the City shall provide timely notice of such request to the licensee. (d) Each collector licensed pursuant to this Article shall maintain accurate and complete records of the service provided to each customer, the charges to such customer and payments received, the form and recipients of any notice required pursuant to this Article, and any underlying records, including any books, accounts, contracts for services, including contracts for Packet Pg. 73 -20- group accounts, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records, and copies of all applications for and documentation pertaining to all requests for variance pursuant to §15- 413(b)(3) above. It shall be the duty of each collector to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (e) Promptly upon a request by the City Manager in connection with an audit or other investigation he or she has initiated, a licensee shall make records retained pursuant to §15- 420(d) available, at its place of business or in such other reasonably convenient location as the licensee shall specify, for review by the City Manager, the Financial Officer or his or her designee, or an officer of the City charged with the investigation of potential violations of the Code, for the purpose of enforcing the requirements of this Article. (f) A licensee shall make available for review by the City such records in its possession as may be relevant to the investigation of any complaint regarding such licensee that has been submitted to the City or is under investigation by the City. (g) All collectors shall accurately and completely report to the City the following information, which shall be deemed to constitute public information: (1) Number of tons of solid waste collected in the City from all residential, multi- family and commercial customers, and any other customer category, reported by category of customer. The weight of solid waste collected shall be documented and verified based on actual load weight measurements. (2) Number of tons of each type (as determined by the City Manager pursuant to §15- 416) of recyclables collected from all residential, commercial and multi-family , and any other customer category, reported by category of customer. (3) Number of tons of food scraps collected in the City from any customer category, reported by category of customer. (4) Number of tons of yard trimmings collected in the City from any customer category, including group accounts, reported by category of customer. Such reports shall be made on forms to be provided by the City and shall be made for each full half-year of curbside collection performed by the collector. A half-year shall mean January 1 through June 30 or July 1 through December 31. All such reports shall be submitted to the City Manager no later than thirty (30) days following the close of each half-year. Sec. 15-421. - Disposal of solid waste. All persons holding licenses pursuant to this Article as a collector of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site that is Packet Pg. 74 -21- approved by any state. No solid waste shall be disposed of at any other location either inside or outside of the City. Sec. 15-422. - Identification of vehicles. Each vehicle used by a collector to provide services within the City pursuant to a licensed issued under this Article shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial Officer at the time the license is granted. Sec. 15-423. - Hours of operation. No collector shall operate any vehicle for the purpose of collecting solid waste, recyclables, food scraps, or yard trimmings on any street designated by the City as "local residential" or "residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours"). Sec. 15-424. - Investigation of reports, records and other items relating to compliance with this article. For the purpose of ascertaining the correctness of any reports, plans or other documents submitted or required to be prepared and maintained by a licensed collector pursuant to this Article XV, or for the purpose of determining compliance with any requirements of this Article XV of any person, whether or not the same is licensed under this Article XV, the City Manager may hold investigations, including audits, and hearings concerning any matters covered by this Article, and may examine any relevant books, papers, records or memoranda of any such person and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of transactions involved, and may take testimony and proof of the information. The City Manager shall have the power to administer oaths to such persons. Except for routine or random audits, any such investigation shall be based upon reasonable suspicion of a violation as determined by the City Manager. The City Manager shall provide advance notice to the affected collector of his or her intent to conduct an investigation under this §15-424, unless the City Manager determines that provision of such notice may compromise the purpose of the investigation. Sec. 15-425. - Subpoenas and witness fees. All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the City Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of any other party to such proceeding, the City Manager may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the City Manager, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena Packet Pg. 75 -22- issued as aforesaid shall be served in the same manner as a subpoena issued through a court of record. Sec. 15-426. - Attendance of witnesses and production of evidence to be compelled by municipal or district judge. Any Judge of the Municipal Court or the District Court, upon the application of the City Manager, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City Manager, by an action for contempt or otherwise in the same manner as the production of evidence may be compelled before such court. Sec. 15-427. - Depositions. The City Manager, or any party to an investigation or hearing before the City Manager, may cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. Sec. 15-428. - Suspension or revocation of license. The City Manager may, after written notice of no less than ten (10) days and an opportunity for a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke any license issued under this Article as he or she determines reasonably appropriate upon a finding that the licensee has failed to comply with any provision of this Article or has violated other applicable laws intended to protect public health, safety or the environment. No period of suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the City Manager may further declare such licensee ineligible for licensure under this Article for a period of up to one (1) year from the date of revocation, if he or she reasonably determines that the circumstances so warrant. In lieu of suspension or revocation of a license under this §15-428, or as a condition of future eligibility for licensure, if a licensee is declared ineligible for the same, the City Manager may establish reasonable terms and conditions for continuation of a license or such future eligibility. A license shall be subject to immediate suspension in the event of violation of any such terms and conditions for continuation of a license. Sec. 15-429. - Notices. All written notices required to be mailed, served or given to any person under the provisions of this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the last known address of such person on file with the City and shall be deemed to have been received by such person when so mailed or delivered. Sec. 15-430. - Review of decisions of the city manager. The licensed collector or other person subject to final action of the City Manager under this Article may apply for review of such action in the Larimer County District Court in accordance Packet Pg. 76 -23- with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than thirty (30) days after the date of the decision to be reviewed. Sec. 15-431. - Violations. It shall be unlawful for any person to: (1) Fail or refuse to make or file any record, report, application or other document required to be made or filed by this Article or to make any false or fraudulent record or report or any false or fraudulent statement in any such document; (2) Operate as a collector within the corporate limits of the City without the license required by this Article or to continue to do business during a period of suspension of such license or after such license is revoked; or (3) Aid or abet another in any attempt to evade any requirements imposed by this Article. Sec. 15-432. - Other remedies unaffected. Nothing in this Article shall be construed to limit or forbid the City or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article, including, without limitation, the prosecution of violations of this Article pursuant to §1-15 of this Code. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 77 -24- Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Kai Kleer, Planning Technician SUBJECT Public Hearing and First Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex the Cache La Poudre River enclave. This is a City-initiated request to annex 12.01 acres located along the northern boundary of the Lee Martinez Community Park/1873 Original Town Site Annex. From the intersection of North College Avenue and the Cache La Poudre River, the enclave spans approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution was adopted on August 16, 2016. A related item to zone the annexed property is presented as the next item on the agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION During administrative review of the Poudre River Annexation staff determined that there was a naming conflict with a previously annexed section of the Poudre River. As a result the annexation name was changed to “Cache La Poudre River Annexation” on August 30, 2016. The Cache La Poudre River Annexation abuts the north side of Lee Martinez Community Park/1873 Original Town Site Annex. The subject property became an enclave after the annexation of the Wood Street Annexation on September 17, 2012. The City of Fort Collins owns the bulk of the annexation area. A small portion of the area is owned by the Union Pacific Railroad. Per State Statute (Section 31-12-106, Colorado Revised Statutes), municipalities may initiate an annexation proceeding for unincorporated areas that are contained entirely within the boundary of the municipality if said area has been so surrounded for three years. As of September 17, 2015, the property became eligible and meets all annexation requirements. Landowner consent is not required for annexation of an enclave. BOARD / COMMISSION RECOMMENDATION At its September 8, 2016 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that the Enclave be placed into the POL, Public Open Lands District. The recommendations were part of the Planning and Zoning Board Consent Calendar and not discussed. 7 Packet Pg. 79 Agenda Item 7 Item # 7 Page 2 PUBLIC OUTREACH No neighborhood meeting was held for this annexation and zoning. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 7 Packet Pg. 80 East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I OLD FORT COLLINS HERITAGE PARK WASHINGTON PARK LEGACY PARK LEE MARTINEZ COMMUNITY PARK City of Fort Collins 3RXGUH5LYHU$QQH[DWLRQ9LFLQLW\0DS CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water City Limits 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 1 7.1 Packet Pg. 81 Attachment: Vicinity Map (4806 : Cache La Poudre Annexation) East CoPyond Rural Open Lands and Stream Corridors Commercial Corridor District Employment Low Density Mixed-Use Residential Industrial District Downtown District Community Corridor District E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I City of Fort Collins Structure Plan CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Downtown District Community Commercial District General Commercial District Employment District Industrial District 0 0.05 0.1 0.15 0.2 Miles East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I POL NCM D CCR CCR POL E UE POL CCN NCB LMN CCR CG NCB D CS POL E RDR LMN City of Fort Collins Zoning CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Community Commercial North College (CCN) Community Commercial Poudre River (CCR) General Commercial (CG) -1- ORDINANCE NO. 110, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE CACHE LA POUDRE RIVER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-060 stating the intent of the City to annex and initiating annexation proceedings for the Cache La Poudre River Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST QUARTER OF SECTION 11, AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00°23'32"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE, S00°23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES: 1. S66°30'10"E, A DISTANCE OF 42.00 FEET; 2. S51°53'24"E, A DISTANCE OF 40.00 FEET; 3. S67°13'24"E, A DISTANCE OF 37.00 FEET; 4. S74°51'24"E, A DISTANCE OF 176.40 FEET; 5. S79°06'24"E, A DISTANCE OF 66.50 FEET; Packet Pg. 84 -2- 6. S74°16'24"E, A DISTANCE OF 94.11 FEET; 7. S71°59'41"E, A DISTANCE OF 360.45 FEET; 8. S42°21'29"E, A DISTANCE OF 140.00 FEET; 9. S36°35'23"E, A DISTANCE OF 151.52 FEET; 10. S19°45'23"E, A DISTANCE OF 287.91 FEET; 11. S60°22'23"E, A DISTANCE OF 205.90 FEET; 12. S32°05'23"E, A DISTANCE OF 93.79 FEET; 13. S71°00'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE LINDEN STREET TECH CENTER ANNEXATION; THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER; THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 12.01 ACRES, MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Cache La Poudre River Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Introduced, considered favorably on first reading, and ordered published this 20th day of September, A.D. 2016, and to be presented for final passage on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 85 -3- Passed and adopted on final reading on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 86 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Kai Kleer, Planning Technician SUBJECT Public Hearing and First Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to zone the property included in the Cache La Poudre River Annexation into the Public Open Lands zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In compliance with the City’s Structure Plan Map, an element of the City’s Comprehensive Plan (City Plan), the requested zoning is POL, Public Open Lands. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Public Open Lands, Community Commercial Cache La Poudre River, Legacy Park, Rivers Edge Natural Area, Salyer Natural Area, Gustav Swanson Natural Area and Poudre Pet and Feed Supply South Public Open Lands, Community Commercial Cache La Poudre River, Powerhouse Energy Campus, Fort Collins Museum of Discovery, Lee Martinez Park and Old Fort Collins Heritage Park East Employment District and Public Open Lands Ram Self Storage and Old Fort Collins Heritage Park West Urban Estate and Public Open Lands Pateros Creek and Salyer Natural Area Per the Structure Plan Map, the proposed zoning for the subject annexation is POL, Public Open Lands. The Land Use Code Describes this district as: 8 Packet Pg. 87 Agenda Item 8 Item # 8 Page 2 “…large publicly owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation.” Staff believes that the proposed zoning satisfies the requirements for zoning set forth in Land Use Code Section 2.9.4 because the proposed zoning: (1) is consistent with the City’s Comprehensive Plan because it is consistent with the City’s Structure Plan which is an element of the Comprehensive Plan; (2) is compatible with existing and proposed land uses because the surrounding area is almost entirely zoned as Public Open Lands; and (3) would not result in significantly adverse impacts on the natural environment. BOARD / COMMISSION RECOMMENDATION At its September 8, 2016 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that the Enclave be placed into the POL, Public Open Lands District. The recommendations were part of the Planning and Zoning Board Consent Calendar and not discussed. PUBLIC OUTREACH No neighborhood meeting was held for this annexation and zoning. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning Map (PDF) 8 Packet Pg. 88 East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I POL NCM D CCR CCR POL E UE POL CCN NCB LMN CCR CG NCB D CS POL E RDR LMN City of Fort Collins Zoning CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Community Commercial North College (CCN) Community Commercial Poudre River (CCR) General Commercial (CG) -1- ORDINANCE NO. 111, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE CACHE LA POUDRE RIVER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, the City Council finds that the proposed zoning of the Cache La Poudre River Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan because the proposed zoning is consistent with the City’s Structure Plan which is an element of the Comprehensive Plan; and WHEREAS, pursuant to Land Use Code Section 2.9.4, the City Council further finds that the proposed zoning: (1) is compatible with existing and proposed land uses because the surrounding area is almost entirely zoned as Public Open Lands; and (2) would not result in significantly adverse impacts on the natural environment; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado, in the Public Open Lands (“P-O-L”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST QUARTER OF SECTION 11, AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Packet Pg. 90 -2- COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00°23'32"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE, S00°23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES: 1. S66°30'10"E, A DISTANCE OF 42.00 FEET; 2. S51°53'24"E, A DISTANCE OF 40.00 FEET; 3. S67°13'24"E, A DISTANCE OF 37.00 FEET; 4. S74°51'24"E, A DISTANCE OF 176.40 FEET; 5. S79°06'24"E, A DISTANCE OF 66.50 FEET; 6. S74°16'24"E, A DISTANCE OF 94.11 FEET; 7. S71°59'41"E, A DISTANCE OF 360.45 FEET; 8. S42°21'29"E, A DISTANCE OF 140.00 FEET; 9. S36°35'23"E, A DISTANCE OF 151.52 FEET; 10. S19°45'23"E, A DISTANCE OF 287.91 FEET; 11. S60°22'23"E, A DISTANCE OF 205.90 FEET; 12. S32°05'23"E, A DISTANCE OF 93.79 FEET; 13. S71°00'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE LINDEN STREET TECH CENTER ANNEXATION; THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER; THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 12.01 ACRES, MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property is not included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 91 -3- Introduced, considered favorably on first reading, and ordered published this 20th day of September, A.D. 2016, and to be presented for final passage on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 92 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT Resolution 2016-074 Expressing Council's Intent and General Policy Considerations Regarding Night Sky Objectives. EXECUTIVE SUMMARY The purpose of this item is to request City Council's support, by Resolution, for efforts related to protecting the night sky through best practices in outdoor lighting. The Night Sky Initiative was a City Council work session item on July 26, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION City staff have identified multiple efforts, including energy conservation, Nature in the City policies, building code updates, and quality of life values that support protecting the night sky. With so many efforts underway a Citywide night sky team was created to enhance and better coordinate these activities. The City of Fort Collins is a growing community and with that growth comes additional outdoor lighting. By promoting best practices, both internally and externally, the City can work proactively to enhance the night sky by reducing glare and light trespass while conserving energy and resources. The science of lighting continues to evolve with new and innovative technologies and research into the impacts of lighting on human and wildlife health. The night sky team will continue to track current research and best practices and will implement strategies as appropriate. The night sky initiative and team is focused on the following objectives and focus areas: Objectives: 1. Reduce light trespass (light being cast where it is not intended or needed) 2. Reduce glare (excessive brightness that causes visual discomfort) 3. Optimize light color, balancing night vision and health needs (e.g., reduce blue-rich white light) 4. Reduce sky glow (brightening of the night sky caused by outdoor lighting) Focus Areas: 1. Technology and Research 2. Policy and Codes 3. Education and Awareness 9 Packet Pg. 93 Agenda Item 9 Item # 9 Page 2 Based on feedback from the July 26, 2016 work session the night sky team is working to better define benchmarks, goals, and time lines for action items and implementation and will update Council as needed. BOARD / COMMISSION RECOMMENDATION Staff presented the Night Sky Initiative at the June Board and Commission Super Meeting, to the Energy Board, the Land Conservation and Stewardship Board, and the Natural Resources Advisory Board. All boards have been supportive and interested. Staff presented general concepts and goals and did not ask for any action from the boards. ATTACHMENTS 1. Work Session Summary, July 26, 2016 (PDF) 9 Packet Pg. 94 ATTACHMENT 1 9.1 Packet Pg. 95 Attachment: Work Session Summary, July 26, 2016 (4804 : Night Sky) -1- RESOLUTION 2016-074 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING COUNCIL’S INTENT AND GENERAL POLICY CONSIDERATIONS REGARDING NIGHT SKY OBJECTIVES WHEREAS, the City is committed to improving and maintaining its unique sense of place, neighborhood livability, safety, and quality of life; and WHEREAS, the City is growing and population density is increasing which can bring an increased amount of both residential and commercial exterior lighting; and WHEREAS, the City and its residents support conservation efforts and the natural environment through programs such as the Road to 2020 and Nature in the City; and WHEREAS, the City seeks to promote a culture, both internally and externally, of innovation, best practice, and socially and environmentally friendly planning and actions; and WHEREAS, dark sky compliant lighting practices can preserve, protect, and enhance the night sky and can mitigate adverse impacts to human health and wildlife habitat; and WHEREAS, the City supports eliminating glare, reducing light trespass, and minimizing light pollution while conserving energy and resources; and WHEREAS, the City will lead by example by improving, retrofitting, and pursuing standards where necessary to support night sky protection efforts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby expresses the intent to consider and encourage the following objectives: a. that the City will endorse and incorporate the principles and pursuit of protecting and preserving the night sky through implementation of best lighting practices at City-owned facilities and within City-owned lighting. b. that the City will incorporate dark sky policies and standards into Building Codes, Land Use Codes, and Streetscape standards when applicable and appropriate. c. that the City will educate and raise awareness publically to encourage best lighting practices throughout the community. Packet Pg. 96 -2- d. that the City will seek to obtain dark sky certification by an independent body for Natural Areas and other locations in the region that have high quality night skies; and that the City will continue to partner and monitor regional night sky measures annually. e. that the City will pursue night sky protection without compromising health, safety or security. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 97 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Public Hearing on the 2017-2018 Recommended Biennial Budget for the City of Fort Collins. EXECUTIVE SUMMARY This is the first official public hearing on the City Manager’s 2017-2018 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2017-2018 budget. In an effort to receive further public input, a second public hearing is scheduled for the Tuesday, October 4, 2016 Council meeting. Public input will also be taken during the budget adoption meetings on Tuesday, November 1 and Tuesday, November 15, 2016 at 6:00 p.m. in the Council Chambers. The City Manager’s 2017-2018 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library, or the City Clerk’s Office. The recommended budget can also be viewed online at fcgov.com/budget. 10 Packet Pg. 98 Service Commercial (CS) Downtown (D) Employment (E) Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Buffer (NCB) Neighborhood Conservation Medium Density (NCM) Public Open Lands (POL) River Downtown Redevelopment (RDR) Urban Estate (UE) 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 1 8.1 Packet Pg. 89 Attachment: Zoning Map (4809 : Cache La Poudre Zoning) Service Commercial (CS) Downtown (D) Employment (E) Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Buffer (NCB) Neighborhood Conservation Medium Density (NCM) Public Open Lands (POL) River Downtown Redevelopment (RDR) Urban Estate (UE) 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 3 7.3 Packet Pg. 83 Attachment: Zoning Map (4806 : Cache La Poudre Annexation) Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 2 7.2 Packet Pg. 82 Attachment: Structure Plan Map (4806 : Cache La Poudre Annexation) 6.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, September 6, 2016 (w/o attachments) (4821 : SR 109 CRO)