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COUNCIL - COMPLETE AGENDA - 10/20/2015 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 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 (TDD 224- 6001) for assistance. Regular Meeting October 20, 2015 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring October as National Cyber Security Awareness Month. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the September 29, 2015 Special Council Meeting and the October 6, 2015 Regular Council Meeting. The purpose of this item is to approve the minutes from the September 29, 2015 Special Council meeting and the October 6, 2015 Regular Council meeting. 2. Second Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. This Ordinance, unanimously adopted on First Reading on October 6, 2015, appropriates $180,994 of prior year reserves from the General Fund for a rebate to Woodward for fees 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. Changes have been made to this Ordinance to edit language amended on First Reading reflecting that all of the prior year reserves to be appropriated will be from the General Fund and not from affected capital improvement expansion fee funds. 3. Second Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. This Ordinance, unanimously adopted on First Reading on October 6, 2015, combines dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. 4. Second Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. This Ordinance, unanimously adopted on First Reading on October 6, 2015, appropriates $244,723 of prior year reserves from the Street Oversizing Fund and authorizes the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The City has an opportunity to purchase road right-of-way and utility easements for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. 5. Second Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. This Ordinance, unanimously adopted on First Reading on October 6, 2015, appropriates $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management. The project consists of Stormwater Flood Warning System capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges. City of Fort Collins Page 4 6. Second Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. This Ordinance, unanimously adopted on First Reading on October 6, 2015, adds an antenna array to an existing City-owned light pole, located at City Park north ball field, 137 South Bryan Avenue, and authorizes the lease of 375 square feet of ground space to Verizon Wireless. The array will be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets will be installed adjacent to the current carriers’ equipment. 7. First Reading of Ordinance No. 128, 2015, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2016 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2016. The purpose of this item is to set the Downtown Development Authority (“DDA”) Budget. The following amounts will be appropriated: DDA Public/Private Investments & Programs $ 725,394 DDA Operations & Maintenance $ 791,717 Revolving Line of Credit Draws $ 2,100,000 DDA Debt Service Fund $ 4,521,012 The Ordinance sets the 2016 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority’s financial plan for 2016. 8. First Reading of Ordinance No. 129, 2015, Appropriating Prior Year Reserves in the Downtown Development Authority Fund for Expenditure on Projects and Programs in Fiscal Year 2015 in Accordance with the Downtown Plan of Development. The purpose of this item is to appropriate unanticipated revenue from interest earnings in the amount of $13,508 and from project savings in the amount of $63,836 for a total appropriation of $77,344. The Downtown Development Authority (“DDA”) Board has authorized the expenditure of these funds for various DDA projects and programs in fiscal year 2015. 9. First Reading of Ordinance No. 130, 2015, Appropriating Prior Year Reserves in the Transit Services Fund and Prior Year Reserves in the Transportation Fund and Authorizing the Transfer of Appropriations into the Capital Projects Fund and Appropriating Therein for the Mason Corridor Project for the Purchase of Two Rapid Transit Buses. The purpose of this item is to request appropriations and transfers in the amount of $1,473,887 to help pay for two recently-delivered Bus Rapid Transit (BRT) 60-foot Compressed Natural Gas (CNG) buses for MAX. The total cost for the two buses is $1,734,598 and the balance will be paid from an existing Capital Projects Fund appropriation of $260,711. The requested funding sources and amounts are as follows: Transportation Fund Reserves in the amount of $741,288; and Transit Fund Reserves in the amount of $732,599. The appropriated amounts would then be transferred to the Capital Projects Fund. 10. First Reading of Ordinance No. 131, 2015, Amending Section 25-75(a) of the Code of the City of Fort Collins to Extend the Expiration Date of the City's 0.25% Street Maintenance Sales and Use Tax as Approved by the Voters at the City's April 7, 2015, Regular Election and to Correct an Error in the Expiration Date of the City's 0.85% Sales and Use Tax Increase Approved by the Voters at the City's November 2, 2010, Special Election. The purpose of this item is to amend Section 25-75(a) of the City Code to reflect the appropriate tax expirations dates as approved by the electors. The expiration date of the street maintenance tax City of Fort Collins Page 5 needs to reflect the extension to December 31, 2025. The expiration date for the Keep Fort Collins Great (KFCG) tax increase of .85% needs to be corrected to December 30, 2020. 11. First Reading of Ordinance No. 132, 2015, Amending Section 25-65 of the Code of the City of Fort Collins to Change the Application Filing Deadline for the City's Manufacturing Equipment Use Tax Rebate Program. The purpose of this item is to amend City Code Section 25-65 to change the deadline for filing with the City an application for the manufacturing equipment use tax rebate (MUTR) from December 31st to June 30th. 12. Public Hearing and First Reading of Ordinance No. 133, 2015, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Houska Automotive Rezoning. The purpose of this item is to rezone one parcel of land, 1005 Riverside Drive, near the southwest corner of the Riverside Drive and Lemay Avenue intersection. Existing zoning is N-C, Neighborhood Commercial District. Proposed zoning is C-L, Limited Commercial District. The parcel is 2.5 acres in size and is currently vacant. 13. Resolution 2015-089 Supporting the Colorado Department of Transportation’s Northern Colorado Connectivity Project and Recommending it be Submitted for Federal Grant Funding Consideration. The purpose of this item is to consider a Resolution and letter in support for a Colorado Department of Transportation (CDOT) grant application for federal resiliency funds (Northern Colorado Connectivity Project) to be used to improve I-25 infrastructure. These funds will help make improvements needed to maintain critical I-25 connectivity to Northern Colorado in times of emergency, weather event, disaster, or crisis. 14. Resolution 2015-090 Setting for December 1, 2015, a Noticed Public Hearing for the City Council's Consideration of a Resolution to Substantially Modify the Midtown Urban Renewal Plan. The purpose of this item is for City Council to consider the adoption of a resolution setting a public hearing date for December 1, 2015 to consider two modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”). One modification would reduce the Midtown Plan area by removing territory that is currently not in either of the two approved tax increment financing (TIF) districts within the Midtown Plan (Prospect South and Foothills Mall). The other modification would amend wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal project. Adoption of the Resolution only sets the public hearing date for December 1, 2015, for Council’s consideration of these modifications and does not take any action on either of the two modifications. 15. Resolution 2015-091 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. The purpose of this item is to amend the rules of procedure for City Council meetings for review of Additional Permitted Uses and Rezonings of 640 acres or less. The amended rules also provide for the order of items for special Council meetings. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. City of Fort Collins Page 6 STAFF REPORTS COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 16. Second Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. (staff: Tim Kemp; no staff presentation; 3 minute discussion) This Ordinance, unanimously adopted on First Reading on October 6, 2015 (Campana recused) appropriates $1,300,000 of prior year reserves from the Building on Basics Fund and appropriates $200,000 of prior year reserves from the Street Oversizing Fund into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation allows staff to finalize the design and construction of safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. 17. Resolution 2015-088 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Wood Street Second Annexation. (staff: Clay Frickey; 3 minute staff presentation; 5 minute discussion) The purpose of this item is to initiate the annexation process for the Wood Street Second Annexation. This is a City-initiated request to annex a 16.267 acre parcel at 832 Wood Street, owned by Jeffrey Lebesch, into the City of Fort Collins. The parcel became an enclave with the annexation of the Pateros Creek subdivision on September 18, 2012. As of September 18, 2015, the City is authorized to initiate and annex the enclave in accordance with State Statute 31-12-106. City of Fort Collins Page 7 18. First Reading of Ordinance No. 134, 2015, Making Certain Amendments to Section 17-142 of the Code of the City of Fort Collins Related to Public Nudity. (Option 1 or Option 2) (staff: Tyler Marr; 5 minute staff presentation; 90 minute discussion) The purpose of this item is to bring forth two potential options to the current City Code provisions concerning public nudity for consideration in light of recent citizen concerns regarding the prohibition on female toplessness in Fort Collins. Both options would update the section of the Code to read as “Public Nudity” rather than “Public Indecency.” Both options also include exceptions to the provisions for young children, changing areas, medical situations, and performance venues. Option 1 would keep the provision in the Code that does not allow for female toplessness, while adding exceptions, including an exception for breastfeeding mothers. Option 2 would update the Code provisions by allowing female toplessness within the City and specifically prohibiting all nudity below the waist for both sexes, with certain limited exceptions. 19. Resolution 2015-092 Appointing Three Councilmembers to Serve on an Ad Hoc Council Committee to Study and Consider Election Code Changes. (staff: Wanda Winkelmann; 3 minute staff presentation; 5 minute discussion) The purpose of this item is to appoint three City Councilmembers to the ad hoc Election Code Changes Council Committee. 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 Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the City of Fort Collins recognizes the importance in identifying, responding to and protecting against cyber threats that may have significant impact to our individual and collective security and privacy; and WHEREAS, critical infrastructure sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, utilities, health care, and emergency response systems; and WHEREAS, the “Stop.Think.Connect.Campaign” has been designated as the National Public Awareness Campaign, implemented through a coalition of private companies, nonprofit and government organizations, as well as academic institutions working together to increase the understanding of cyber threats and empowering the American public to be safer and more secure online; and WHEREAS, maintaining the security of cyberspace is a shared responsibility in which each of us - elected officials, City staff and community members, has a critical role to play; and WHEREAS, the President of the United States of America has declared October as National Cyber Security Awareness Month and requested cities support the “Stop.Think.Connect” National Public Awareness Campaign. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim October 2015 as NATIONAL CYBER SECURITY AWARENESS MONTH and encourage all citizens to learn about cyber security and put that knowledge into practice in their homes, schools, workplaces, and businesses. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the September 29, 2015 Special Council Meeting and the October 6, 2015 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the September 29, 2015 Special Council meeting and the October 6, 2015 Regular Council meeting. ATTACHMENTS 1. September 29, 2015 (DOCX) 2. October 6, 2015 (PDF) 1 Packet Pg. 9 City of Fort Collins Page 233 September 29, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Duvall, Winkelmann PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION Mike Pruznick discussed the staff report regarding crimes against homeless women stating the issue was ignored by Council. He commended Council’s actions regarding unclaimed property and commented on Dr. Frank’s remarks regarding sexual violence being a male issue. William Montgomery discussed the “U+2” ordinance stating it has a negative impact on students and low-income community members. Nancy York encouraged a decrease in automobile use in order to reduce the carbon footprint, reduce crowding, and decrease accidents. She encouraged the use of mass transit as an economic equalizer. Jack Daniels commended the flowers in the downtown area and thanked Council for making Fort Collins a great city. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Cunniff thanked Ms. York for her comments and noted there is an air quality item on Council’s work plan. Additionally, he noted the Climate Action Plan addresses automobile transportation. The “U+2” ordinance is a zoning code regulation and there is no reason to overturn that code at this time. COUNCILMEMBER REPORTS Councilmember Campana reported on his visit to Washington, D.C. and meeting with First Lady Michelle Obama, who expressed her thanks to Fort Collins for its work on the “Let’s Move” and “It’s On Us” campaigns. Additionally, he commended Dr. Frank for discussing sexual violence. Councilmember Campana also reported on a work session regarding affordable housing and land bank properties. Councilmember Stephens attended the City/CSU multi-cultural retreat. Mayor Troxell reported topics at the second City/CSU leadership committee meeting included affordable housing, the College-Prospect intersection, expanded bus service to the Foothills Campus and joint participation in terms of innovation and economic prosperity. 1.1 Packet Pg. 10 Attachment: September 29, 2015 (3676 : Minutes-9/29, 10/6) September 29, 2015 City of Fort Collins Page 234 DISCUSSION ITEMS Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to go into Executive Session for the purpose of meeting with the City Management staff and Attorneys as permitted under Section 11(1) and 11(2) of the City Charter, Article 2, under City Code Sections 2-31(a)(1)(d) and 2-31(a)(2) under sections 24-6-402(4)(b), (4)(e)(i), and (4)(f) of the Colorado Revised Statutes, to consider personnel matters relating to the discussion of the strategy and related legal matters concerning the current collective bargaining negotiations with the Fraternal Order of Police. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak ADJOURNMENT The meeting adjourned at 7:24 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 11 Attachment: September 29, 2015 (3676 : Minutes-9/29, 10/6) City of Fort Collins Page 235 October 6, 2015 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 there were no changes to the published agenda. CITIZEN PARTICIPATION Jack Daniels stated he is happy to live in Fort Collins and commended its wholesomeness and integrity. Lynn Barker opposed the criminalization of homelessness. Stacia Ryder, Women’s Commission, thanked Council for the proclamation regarding Domestic Violence Awareness Month. Carol Gaul expressed concern regarding national mass shootings and supported immediate action regarding gun control. Donna Rouner, Crossroads Safehouse, thanked Council for the proclamation regarding Domestic Violence Awareness Month. Brandon Snavely expressed concern regarding possible changes to the City’s public nudity ordinance. Trip Wynn, Crossroads Safehouse Boardmember, thanked Council for the proclamation regarding Domestic Violence Awareness Month and discussed the vital services provided by Crossroads for domestic violence victims. Clint Skutchan, Fort Collins Board of Realtors, discussed the importance of protecting the community’s housing future and announced the creation of the Future of Housing Community Foundation. Amy (no last name given) discussed the importance of Crossroads Safehouse in the community. Judy Chapman, Crossroads Safehouse, thanked Council for the proclamation regarding Domestic Violence Awareness Month and discussed the importance of the services provided by Crossroads Safehouse. Cari Brown, ARC of Larimer County, thanked Council for its support in bringing bus stops up to ADA standards. 1.2 Packet Pg. 12 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 236 Cheryl Distaso, Fort Collins Community Action Network, discussed the importance of ending the criminalization of homelessness. Linda Miller thanked Council and Transfort for their support of funding for ADA compliant bus stops. Monte Barry discussed the difficulty with the Remington and Mountain intersection as part of the Remington roadway improvements. Maggie Wesley, ARC of Larimer County, thanked Council for its support of funding for ADA compliant bus stops. Jimmy Neal Tucker commended Council for its work and requested train horns to no longer be allowed to sound in the city. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck requested a memo response regarding Mr. Barry’s concerns. Additionally, he requested follow-up regarding Ms. Barker’s comments that her shelter time will soon expire. City Manager Atteberry replied he would acquire additional information. Councilmember Overbeck suggested the possibility of a resolution speaking to state and national representatives regarding gun control. Councilmember Martinez asked whether homeless individuals are offered shelter, if available, when contacted regarding illegal camping. Deputy City Manager Mihelich replied the City's personnel are trained to provide individuals who are camping in the City's Natural Areas or parks with a resource card which provides information regarding shelters. He affirmed the initial response of City personnel is not to write tickets. City Manager Atteberry noted camping in Natural Areas is against City policy. Councilmember Martinez thanked Mr. Tucker for his comments and for serving his country. Mayor Troxell noted short and long-term housing options for homeless veterans have been researched. Councilmember Stephens thanked the individuals from Crossroads Safehouse who spoke and commended Amy for speaking. Councilmember Cunniff thanked the individuals from Crossroads Safehouse who spoke and stated Council is committed to developing solutions for the homeless population. He requested a memo regarding the Remington/Mountain intersection and stated he will be proposing an item regarding gun violence for the Legislative Review Committee. Mayor Troxell thanked those who spoke from Crossroads Safehouse. He noted the public nudity ordinance will be discussed in two weeks and commended the City's initial efforts toward permanent supportive housing solutions. 1.2 Packet Pg. 13 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 237 CONSENT CALENDAR Councilmember Campana withdrew Item No. 10, First Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road-Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the September 1 and September 15, 2015 Regular Council Meetings. (Adopted) The purpose of this item is to approve the minutes from the September 1 and September 15 Regular Council Meetings. 2. Items Relating to the Kechter Farm Second Filing Annexation and Zoning. (Adopted) A. Second Reading of Ordinance No. 099, 2015, Annexing Property Known as the Kechter Farm Second Filing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 100, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Second Filing Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on August 18, 2015, annex and zone 78.58 acres platted and approved in Larimer County as Kechter Farm Second Filing. There are three parcels all located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood (37.48 acres) on Parcels One and Two, and U-E, Urban Estate (41.1 acres) on Parcel Three. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this sub-area are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. This approval was received from Larimer County on September 1, 2015. 3. Second Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements. (Adopted) This Ordinance, unanimously adopted on First Reading on September 15, 2015, appropriates unanticipated federal grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail and Riverside Avenue. $148,250 in local matching funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation. 1.2 Packet Pg. 14 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 238 4. Second Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project. (Adopted) This Ordinance, unanimously adopted on First Reading on September 15, 2015, corrects a process issue with the language of previously adopted Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated existing sub-project Business Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within each Capital Project. This Ordinance corrects that oversight. 5. Items Relating to Marijuana Code Amendments. (Adopted) A. Second Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property. B. Second Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions of Pertinent Information. C. Second Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity and Sorority Houses. D. Second Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities. These Ordinances, unanimously adopted on First Reading on September 15, 2015, amend various provisions of the City Code related to marijuana. The City of Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes, and over the course of this time, the State has enacted new legislation and staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments as this industry matures. 6. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations. (Adopted) A. Second Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New Part 21 Regulating Bicycles. B. Second Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions. These Ordinances, unanimously adopted on First Reading on September 15, 2015, reorganize the provisions regulating bicycles in the Fort Collins Traffic Code to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. 1.2 Packet Pg. 15 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 239 7. Second Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc Review of Additional Issues on Request. (Adopted) This Ordinance, unanimously adopted on First Reading on September 15, 2015, amends the City Code to allow City boards and commissions, upon request of the City Council or the City Manager, to participate in review and consideration of specified matters. This will allow participation at "Super Issue" meetings by board and commission members. 8. First Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. (Adopted) The purpose of this annual budget adjustment ordinance is to combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. 9. First Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. (Adopted) The purpose of this item is to appropriate $244,723 of prior year reserves from the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The opportunity has come up to purchase road right-of-way and utility easements, per the City’s Master Street Plan, for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. 10. First Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. (Adopted) The purpose of this item is to appropriate $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management (DHSEM). The project consists of Stormwater Flood Warning System (FWS) capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges (the Project). To meet federal guidelines for reimbursement, it is necessary to account for all project expenditures for the full amount of the grant award, or $142,900, of which 75% ($107,175) will be reimbursed by the US Office of Federal Emergency Management (FEMA), 12.5% ($17,862) by DHSEM, and 12.5% ($17,862) from previously appropriated local matching funds (the City of Fort Collins Utilities). 11. Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property to November 17, 2015. (Adopted) Staff requests postponement of First Reading of Ordinance No. 107, 2015, to November 17, 2015 to allow for further clarification on procedures and decision making processes (flow chart) to distinguish personal property from abandoned property. Staff presented this Ordinance for First Reading on September 1, 2015. At that time, Council voted to postpone First Reading to October 6 and requested that staff meet with local service providers to determine how the providers may assist in the collection of a redistribution of abandoned property. A meeting with the service providers has been scheduled for September 22, 2015. Based on this feedback, staff will continue to meet to refine this process. 1.2 Packet Pg. 16 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 240 12. First Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. (Adopted) The purpose of this item is to add an antenna array to an existing City-owned 90.6 foot light pole and lease 375 square feet of ground space to Verizon Wireless. This array would be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets would be installed adjacent to the current carriers’ equipment. This will be located at 137 South Bryan Avenue, which is the City Park north ball field. END CONSENT CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff noted there are a variety of IGAs which have been satisfied regarding Item No. 2, Items Relating to the Kechter Farm Second Filing Annexation and Zoning. Councilmember Martinez thanked City Manager Atteberry for the memo regarding wireless telecommunications and asked if the policy language addresses the aesthetics side of new facilities. Laurie Kadrich, Planning, Development and Transportation Director, replied the language specifically requires aesthetics to be compatible with adjacent properties. COUNCILMEMBER REPORTS Councilmember Stephens reported on recent events recognizing early literacy. Councilmember Cunniff reported on the Poudre School District/County/City liaison meeting during which the School District noted joint funding of swimming facilities is not a high priority. CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 13. First Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted on First Reading) The purpose of this item is to appropriate $1,300,000 of prior year reserves from the Building on Basics Fund and appropriate $200,000 of prior year reserves from the Street Oversizing Fund (total appropriation of $1,500,000) into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation will allow staff to finalize the design and construction of: safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 125, 2015, on First Reading. 1.2 Packet Pg. 17 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 241 RESULT: ORDINANCE NO. 125, 2015, ADOPTED ON FIRST READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana DISCUSSION ITEMS 14. Resolution 2015-086 Adopting the 2015-2019 Affordable Housing Strategic Plan. (Adopted) The purpose of this item is to adopt the 2015-2019 Affordable Housing Strategic Plan, which will guide the City's affordable housing policy and funding for the next five years. Beth Sowder, Social Sustainability Director, stated the Affordable Housing Strategic Plan will set in motion a plan to increase the City’s affordable housing stock by 5,000 units by 2040. Sue Beck-Ferkiss, Social Sustainability, discussed the outreach and studies completed in efforts to complete the Plan and detailed the strategies, including partnerships, to be used in attaining the goals and discussed the metrics to be used in ascertaining levels of success. Clay Fricke, Social Sustainability, discussed the main goals of the Plan and the resources which will be used to meet those goals. Troy Jones, Affordable Housing Board Chair, supported adoption of the Plan and commended the fact the Plan was developed in-house. Anita Basham, Community Development Block Grant Commission, supported adoption of the Plan and commended the work on data collection. Bob Sutton, Fort Collins Board of Realtors, supported adoption of the Plan and stated the Board of Realtors is willing to take a lead role in facilitating a regional conversation about housing affordability. Natalie Davie, Fort Collins Board of Realtors, supported adoption of the Plan and commended staff work on the Plan. Andy Smith supported adoption of the Plan and discussed the importance of affordable housing in the community. Clint Skutchan, Board of Realtors, supported adoption of the Plan and specifically commended the inclusion of metrics in the Plan. Lael Pierce agreed affordable housing is needed; however, he stated some of the land slated to be used for affordable housing may not be utilized to its highest potential, particularly on Kechter Road where the school system is already overloaded. Eric Sutherland questioned how Timnath is contributing to the community’s affordable housing and stated subsidizing growth creates the need for affordable housing. 1.2 Packet Pg. 18 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 242 Councilmember Overbeck asked how many bedrooms per unit are planned for each of the proposed 188 units to be developed each year. Fricke replied the number of bedrooms was not projected. Councilmember Overbeck asked how many people per unit are planned. Fricke replied the average household size is just over 2 in the City. Councilmember Overbeck asked if there are provisions or restrictions for short-term rentals in the Plan. Beck-Ferkiss replied the conversation regarding short-term rentals was not included in the Plan; however, Council will be hearing more about the effect of short-term rentals on affordable housing in the future. Councilmember Overbeck asked about the outreach efforts to CSU. Beck-Ferkiss replied staff did not meet specifically with CSU; however, all of the public outreach was open to the community at large and students and CSU community members have participated in that realm. Councilmember Overbeck suggested ASCSU or CSU representatives be specifically included in future conversations. Beck-Ferkiss replied staff has met with the Assistant to the President for Affordable Housing at CSU; however, that meeting was not specifically related to this Plan. Councilmember Overbeck asked if this Plan indicates the possibility of selling certain land bank properties in order to attain others. Beck-Ferkiss replied the Plan does not drill down to that level; however, there are some action items relating to activating the land bank. Mayor Troxell stated the City-CSU Leadership Committee received a report from President Frank regarding CSU's affordable housing discussions. Mayor Pro Tem Horak requested information regarding the use of a more local index moving forward. Beck-Ferkiss replied she has looked at both indexes. The dashboard used by the City for the past several years relies on the Wells Fargo housing opportunity index, which is published for all metropolitan areas across the country. The western United States is currently being used as a benchmark and the City is trying to stay within the top 1/3 of housing affordability for that region. The housing affordability index published by the Fort Collins Board of Realtors is local and measures the same data. She stated both indices could be used. Mayor Pro Tem Horak and Councilmember Overbeck supported pursuing the use of the local index. Councilmember Martinez requested information from Mr. Skutchan regarding the Board of Realtors' data versus the index utilized by the City. Mr. Skutchan replied the Board would support the use of both indices in order to have both macro and micro data points. Councilmember Cunniff asked about sub-prioritization based on populations with specific affordable housing needs. Beck-Ferkiss replied one of the strategies speaks specifically to housing for special populations, such as seniors. Councilmember Cunniff asked about fee rebates. Beck-Ferkiss replied there are fee waivers available to the Fort Collins Housing Authority. Councilmember Campana suggested a redlined copy of the Plan should have been provided. He 1.2 Packet Pg. 19 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 243 expressed concern regarding the use of cost burden as a baseline metric to set goals noting Fort Collins is unique due to its student and senior populations. He suggested the possibility of adjusting the metric in order to address those populations. Beck-Ferkiss agreed there is some inflation due to those demographics. She stated the Housing Affordability Policy Study removed seniors without a mortgage from the cost burden category. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2015-086. Councilmember Stephens supported adoption of the Plan and commended the way in which projects will be evaluated. She noted the importance of providing quality housing across the spectrum for all community members. Councilmember Overbeck stated he would support the motion and discussed the issue of community wages. Mayor Troxell stated he would support the motion and suggested utilizing information from other cities with universities. Additionally, he supported making communitywide conversations more explicit. Councilmember Campana requested the inclusion of both macro and micro indices as well as additional information regarding cost burden. Councilmembers supported those inclusions. Mayor Pro Tem Horak thanked the Board of Realtors for its assistance and recognized the efforts of the Fort Collins Housing Authority. RESULT: RESOLUTION 2015-086 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 15. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. (Adopted as Amended on First Re) The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees 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. Mike Beckstead, Chief Financial Officer, discussed the rebate incentives for the Woodward project, which included capital expansion fees, use tax, utility PIFs and development fees. Beckstead went on to detail the rebate agreement application and the fact the capital expansion fee rebates will come from the Capital Expansion Fund rather than the General Fund. Eric Sutherland opposed the use of capital expansion fees for these rebates. 1.2 Packet Pg. 20 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 244 Councilmember Cunniff asked if $60,000 would be available from the General Fund if desired. Beckstead replied in the affirmative. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 113, 2015, on First Reading. Councilmember Overbeck asked if this item went before the Council Finance Committee. Beckstead replied it was not a formal presentation but was a discussion item wherein the direction given was to bring forward the item in the same fashion as it was in May. Councilmember Overbeck stated he would have liked to have had that information previously. Councilmember Cunniff supported honoring the rebates; however, he suggested the funds should come from the General Fund. Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to allocate the entire rebate amount from the General Fund and made wording suggestions to that effect. City Attorney Daggett recommended a change in the title of the Ordinance in addition to certain wording changes which would be made prior to Second Reading, should this amendment move forward. Mayor Pro Tem Horak requested additional information as to the reasons behind the staff recommendation. Beckstead replied the recommendation simply presented Council an option which was discovered after the Woodward agreement was completed. He stated it is appropriate to use the Capital Expansion Funds in order to allow flexibility. Councilmembers Overbeck and Stephens supported the motion to amend. The vote on the motion to amend was as follows: Yeas: Stephens, Overbeck, Cunniff and Horak. Nays: Martinez, Campana and Troxell. THE MOTION CARRIED. The vote on the main motion was as follows: Yeas: Overbeck, Cunniff, Martinez, Campana, Horak, Troxell and Stephens. Nays: none. THE MOTION CARRIED. RESULT: ORDINANCE NO. 113, 2015, ADOPTED AS AMENDED ON FIRST RE [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1.2 Packet Pg. 21 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 245 16. Resolution 2015-087 Appointing Two Councilmembers to Serve as Representatives at the Larimer County Solid Waste/Resource Recovery Forum. (Adopted) The purpose of this item is to appoint two City Councilmembers to represent the City of Fort Collins at the Solid Waste/Resource Recovery Forum, a regional forum on waste reduction and recycling, to be held on Wednesday, October 14, 2015. Honore Depew, Environmental Services, stated this Resolution designates two Councilmembers to attend the Solid Waste/Resource Recovery stakeholder forum regarding the regional wasteshed. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2015-087, inserting the names of Councilmembers Cunniff and Overbeck. RESULT: RESOLUTION 2015-087 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak OTHER BUSINESS Councilmember Cunniff stated there is a possibility the Housing Authority Board could receive CDBG disaster recovery funds to build a project. There is a land bank property on West Horsetooth which is ideally suited for the size and location for such a project. Council should explore the option of disposition of this property to the Housing Authority in order for the grant applications to begin. Councilmember Campana expressed support for evaluating the option and stated the land bank properties should be examined as funding resources. He spoke of the importance of applying the strategies found in the newly-adopted Affordable Housing Strategic Plan. City Manager Atteberry stated, at this point, there seems to be no reason staff cannot work toward such a goal. Councilmembers Martinez and Stephens supported looking at the property as a possibility. Councilmember Martinez requested Council support for the possibility of looking at changing City Ordinances in order to allow e-bikes on bicycle paths. Councilmember Cunniff did not oppose that possibility; however, he discussed the importance of limiting speed in all transportation modes in order to increase safety. Mayor Pro Tem Horak suggested staff provide feedback and recommendations regarding a possible outreach effort. Mayor Troxell summarized Council’s direction to the City Manager to move forward with such recommendations. Mayor Pro Tem Horak stated an extensive work session dealing with Charter and Ordinance changes regarding elections will be held in January. He stated City Clerk Winkelmann discussed 1.2 Packet Pg. 22 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) October 6, 2015 City of Fort Collins Page 246 the creation of an ad hoc Council committee to make recommendations to the full Council, noting a resolution making such appointments would need to occur at a future Council meeting. Mayor Troxell summarized Council’s direction to the City Manager to proceed with such an item. ADJOURNMENT The meeting adjourned at 8:10 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 23 Attachment: October 6, 2015 (3676 : Minutes-9/29, 10/6) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 6, 2015, appropriates $180,994 of prior year reserves from the General Fund for a rebate to Woodward for fees 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. Changes have been made to this Ordinance to edit language amended on First Reading reflecting that all of the prior year reserves to be appropriated will be from the General Fund and not from affected capital improvement expansion fee funds. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (PDF) 2 Packet Pg. 24 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. EXECUTIVE SUMMARY The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Agreement Summary On April 2, 2013, City Council adopted Ordinance No. 055, 2013, approving an Economic Development Project Agreement (“Agreement”) between the City, the DDA, and Woodward, Inc. The Agreement specifies Woodward is eligible for a rebate in three areas: Use Tax on Construction Materials and Eligible Equipment (up to 80%) Development Fees (100%) Capital Improvement Expansion Fees and Utility PIF Fees (up to 50%). Employment Level Requirements The three rebate categories were offered with the stipulation that employment levels must reach or exceed 1,400 employees within the City by December 31, 2018. If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the earned rebate until set employment levels have been met, but will pay Woodward 60% of the earned rebates on the schedule agreed to by the City and Woodward If the target employment level is reached after December 31, 2018 but before December 31, 2020, Woodward will receive the retained 40 percent less $500,000 (combined between use tax and development fee rebates) Woodward will not be entitled to the remaining 40 percent if the target level is not reached by December 31, 2020. ATTACHMENT 1 2.1 Packet Pg. 25 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3668 : SR 113 Woodward Rebate) Agenda Item 15 Item # 15 Page 2 Rebate Schedule as agreed upon with Woodward Staff has developed a rebate schedule with Woodward which is consistent with the agreement whereby two rebate applications will be processed each year. The two applications per year consist of the following components: Application 1 includes: o January through June: Development Review and Capital Improvement Fees Application 2 includes: o July through December: Development Review and Capital Improvement Fees o January through December: Use Tax Rebate funds will be appropriated by City Council biannually as part of the rebate process. This rebate application is for fees paid from January through June 2015 and includes development review fees and capital improvement expansion fees. For the application period Woodward earned a total of $301,658 in rebates. Of that amount, 40% is held back pending the aforementioned employee level requirements. The remaining 60% which totals $180,994 is requested for rebate at this time. The 40% that is held back has been assigned within the General Fund in recognition of the potential future obligation. In May 2015, staff proposed two options to Council with regard to backfilling the CIE Fees. Council approved the CIE Fees be paid out of the corresponding Fund rather than being backfilled by the General Fund. Based on that decision, payment of the CIE fees is proposed to be paid as follows: Rebate Payment Development Fees 100% CIE Fees 50% Utility PIF 50% Not Eligible for Rebate Total Total Fees Collected $132,468 $201,572 $136,808 $62,288 $533,136 Rebate Owed 132,468 100,786 68,404 N/A 301,658 Rebate Eligible for Payment ‐ 60% 79,480 60,472 41,042 N/A 180,994 Rebate Holdback ‐ 40% 52,988 40,314 27,362 N/A 120,664 Backfill 0 0 68,404 N/A 68,404 2.1 Packet Pg. 26 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3668 : SR 113 Woodward Rebate) Agenda Item 15 Item # 15 Page 3 The development review fees and Utility PIF's will be paid from General Fund Reserves. CITY FINANCIAL IMPACTS The total rebate amount is $180,994. The amount of $120,522 will come from prior year General Fund Reserves and the following amounts will come from the Capital Improvement Expansion Funds: General Government: $9,741 Police: $2,803 Fire: $4,976 Street Oversizing: $42,952 ATTACHMENTS 1. Powerpoint presentation (PDF) CIE Fund Fees Paid Rebate Earned Rebate Owed 60% General Government $32,470 $16,235 $9,741 Police 9,344 4,672 2,803 Fire 16,586 8,293 4,976 Street Oversizing 143,172 71,586 42,952 Total 201,572 100,786 60,472 2.1 Packet Pg. 27 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3668 : SR 113 Woodward Rebate) - 1 - ORDINANCE NO. 113, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE WOODWARD, INC. FOR DEVELOPMENT FEES AND CAPITAL IMPROVEMENT EXPANSION FEES WHEREAS, the City, the Fort Collins Downtown Development Authority, and Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.” dated April 16, 2013 (the “Agreement”), which Agreement provides business investment assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing and office facilities in Fort Collins; and WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from the City for the following paid by it to the City: (1) “Use Taxes” on “Construction Materials” and “Eligible Equipment”, (2) “Development Fees”, and (3) “Capital Improvement Fees”, as these terms are defined in the Agreement; and WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually for Development ReviewFees and Capital Improvement Fees and once a year for the Use Tax rebate; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No. 055, 2013, on April 2, 2013; and WHEREAS, the current reimbursementtotal amount due to Woodward for the period of January 1, 2015, through June 30, 2015, is $180,994 for eligible fees reimbursements is $180,994; and WHEREAS, in accordance with the terms of the Agreement, staff is requesting appropriation of the full amount$180,994 to reimburse Woodward from prior year reserves from the following funds:the General Fund to so reimburse Woodward; and General Fund: $180,994 Capital Expansion Fund General Government $0 Police $0 Fire $0 Capital Expansion Fund: $0 Street Oversizing Fund: $0 Total Reimbursement Request: $180,994 Packet Pg. 28 - 2 - WHEREAS, included in the $180,994 total amount to be reimbursed is $120,522 for Development Fees, $9,741 for General Government Capital Improvement Fees, $2,803 for Police Capital Improvement Fees, $4,976 for Fire Capital Improvement Fees, and $42,952 for Street Oversizing Capital Improvement Fees; and WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED TWENTY-TWO DOLLARS ($120,522) to reimburse Woodward for Development Fees and Capital Improvement Expansion Fees as required by the Agreement. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of SEVENTEEN THOUSAND FIVE HUNDRED TWENTY DOLLARS ($17,520) to reimburse Woodward for Development Fees andGeneral Government, Police and Fire Capital Improvement Expansion Fees as required by the Agreement. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of FORTY TWO THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS ($42,952) to reimburse Woodward for Street Oversizing Capital Improvement Expansion Fees as required by the Agreement. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 29 - 3 - Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 30 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 6, 2015, combines dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2015 (PDF) 2. Ordinance No. 123, 2015 (PDF) 3 Packet Pg. 31 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. EXECUTIVE SUMMARY The purpose of this annual budget adjustment ordinance is to combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. BACKGROUND / DISCUSSION This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds, and authorizes the transfer of appropriated amounts between funds. The City Charter permits the City Council to provide, by ordinance, for payment of any expense from prior year reserves. The Charter also permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City Manager, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. The following changes have been made since these requests were reviewed by the City Council Finance Committee: $700,000 – added for needed transfer from the General Fund to the Self Insurance Fund (this is a requirement of governmental fund accounting, and no additional expenses are associated with this transfer). $39,089 – items D3 ($5,225) and D4 ($33,864) below were inadvertently left out of the City Council Finance Committee review. If any of the appropriations included in this AIS are not approved, the City will have to reduce expenditures even though revenue and reimbursements have been received to cover those expenditures. The table below is a summary of the expenses in each fund that make up the increase in requested appropriations. Also included are intra-fund transfers which do not increase total appropriations, but per the City Charter require City Council approval to make the transfer. A table with the specific use of prior year reserves appears at the end of the AIS. ATTACHMENT 1 3.1 Packet Pg. 32 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 2 Funding Unanticipated Revenue Prior Year Reserves Transfers between Funds TOTAL General Fund $1,256,224 $1,142,913 $0 $2,399,137 Sales & Use Tax Fund $0 $2,678,088 $0 $2,678,088 Benefits Fund $0 $1,900,000 $0 $1,900,000 Capital Projects Fund $135,884 $0 $373,157 $509,041 Equipment Fund $82,485 $0 $0 $82,485 Golf Fund $149,000 $0 $0 $149,000 Natural Areas Fund $64,209 $0 $1,339,044 $1,403,253 Recreation Fund $202,709 $17,000 $0 $219,709 Street Oversizing $0 $34,157 $0 $34,157 Self Insurance Fund $0 $0 $700,000 $700,000 Transit Services Fund $1,295,220 $0 $0 $1,295,220 Transportation Fund $553,000 $1,525,667 $0 $2,078,667 Transportation Fund (Snow Removal) $0 $500,000 $0 $500,000 GRAND TOTAL $3,738,731 $7,797,825 $2,412,201 $13,948,757 A. GENERAL FUND 1. Fort Collins Police Services (FCPS) has received revenue from various sources which need to be appropriated to cover the related expenditures. A listing of these items follows: a. $34,711 – In 2015 Police received an additional award from the Rocky Mountain High Drug Trafficking Area for $34,711. The funding was used to offset some of the costs for a case worked by the Northern Colorado Drug Task Force. b. $6,660 – 2015 Seatbelt Grant - In 2015, Fort Collins Police received a grant from the Colorado Department of Transportation for two waves of Seatbelt Enforcement. The grant paid for officers to work overtime to conduct enforcement activities. c. $16,544 – 2015 High Visibility DUI Grant – In 2015, Fort Collins Police received $16,544 in grant funds from the Colorado Department of Transportation to pay for overtime for DUI enforcement. d. $7,027 – 2014 Law Enforcement Assistance Funds (LEAF) DUI Grant - For the January through June 2015 timeframe, Fort Collins Police received $7,027 in grant funding from the Colorado Department of Transportation to pay for overtime for DUI enforcement through June 30, 2015. e. $143,750 – Police Overtime and Straight Time Reimbursement - In 2015, Police Services received reimbursement from various entities for overtime expenses. The different activities include: CSU football traffic control, Tour De Fat, Brew Fest, New West Fest, regional auto theft case investigations, Poudre School District school board meetings, MAX implementation, and noise ordinance violation workshops. Additionally, in 2015 FCPS partnered with Larimer County to staff events at The Ranch. Additionally, Police Services implemented a new CAD system in conjunction with Larimer County where a significant amount of overtime was incurred to install the system, troubleshoot problems and train staff. f. $54,875 – Police Report Fees - Police reports purchased by the public and insurance agencies generate revenue of approximately $7.50 a report. For 2015, it is estimated that $54,875 will be collected. The revenue from this fee is used to subsidize the cost of copy machine rental expenses. g. $23,640 – Poudre Valley Hospital Dispatch Contract Revenue (PVH) - This request is to appropriate revenue received from PVH that is in excess of what was estimated. Every year the hospital contracts with FCPS to provide dispatch service. The contracted amount is based on the total budget multiplied 3.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 3 by the percentage of calls received for ambulance service. The revenue was used in 2015 to pay for Fort Collins 911 Center maintenance expenses. h. $174,963 - Larimer County Share of CRISP Maintenance Costs - The IGA between The City of Fort Collins and Larimer County states that Larimer County will pay for 50% of the annual maintenance agreement for the Tiburon/CAD system. In prior years, the City only expensed half the contract cost, as that was the net expense to the City. Starting with 2015, the City will recognize the full expense for the contract as well as the revenue from the county. This change was made after the adoption of the 2015 budget, therefore additional appropriation needs to be made to allow the City to pay the full amount. FROM: Unanticipated Revenue (Miscellaneous Police) $397,228 FROM: Unanticipated Revenue (High Intensity Drug Traffic Grant) $34,711 FROM: Unanticipated Revenue (2015 Seatbelt Grant) $6,660 FROM: Unanticipated Revenue (2015 High Visibility DUI Grant) $16,544 FROM: Unanticipated Revenue (2014 LEAF DUI Grant) $7,027 FOR: Police Services $198,625 FOR: Fort Collins 911 Center Maintenance expenses $23,640 FOR: Tiburon/CAD system $174,963 FOR: High Intensity Drug Traffic Grant $34,711 FOR: Seatbelt Grant $6,660 FOR: High Visibility DUI Grant $16,544 FOR: LEAF DUI Grant $7,027 2. Operation Services is requesting funds for: a. $23,451 - Investigation Replacement Unit - Police Investigation totaled a unit this spring (not a patrol vehicle). We are requesting a budget increase for the cost of a Nissan Leaf that replaced the vehicle. We will be using insurance money to pay for the Leaf. b. $37,853 - Police Patrol Replacement Unit - Police Patrol totaled a unit this spring. We are requesting a budget increase for the cost of a new patrol vehicle that replaced the totaled vehicle. We will be using insurance money to pay the expense of the new vehicle and equipment. c. $75,000 - Building Repair and Maintenance (BRM) Additional Revenue and Expense - Unanticipated revenue from work that was not planned in non-general fund departments. We are requesting $75,000 appropriation for this additional revenue. FROM: Unanticipated Revenue (insurance proceeds) $61,304 FROM: Unanticipated Revenue (WFO) $75,000 FOR: Police Vehicle Purchases $61,304 FOR: WFO Building Repair and Maintenance $75,000 3. This request is to appropriate $389,913 to cover the payment of rebates made in 2015. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tax Rebates were paid out in August 2015 for the 2013 rebate program. The rebate program was established to encourage investment in new manufacturing equipment by local manufacturing firms. Vendors have until December 31st of the following year to file for the rebate. This item appropriates the use tax funds to cover the payment of the rebates. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $389,913 FOR: Manufacturing Use Tax Rebates $389,913 4. This request is to appropriate $700,000 from General Fund reserves for payouts on claims incurred over this and previous years that resulted in payments of substantial legal fees and claims settlements. The budgeted amount of $1,200,000 in 2015, based upon our experience in previous years, will not be adequate to cover 2015 expenses and all claim payments incurred in 2015 regardless of their year of 3.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 4 occurrence. The projection is based upon a review of five prior years plus current year to date claims information as well as external actuarial reports. As an internal services department, revenue in the form of department allocations is not adequate to cover claim payments which will be addressed in the next budget cycle. A supplemental appropriation of $700,000 is being requested for 2015. FROM: Prior Year Reserves $700,000 FOR: Transfer to Self Insurance Fund $700,000 5. Environmental Services sells radon test kits at cost as part of its program to reduce lung cancer risk from in-home radon exposure. This appropriation would recover kit sales revenue for the purpose of restocking radon test kits. FROM: Unanticipated Revenue (from radon kit sales) $4,276 FOR: Radon Test Kits $4,276 6. The City of Fort Collins received the David R. Keller Prize for Innovation in Sustainability for adopting updated, ambitious community greenhouse gas goals in March 2015. The $5,000 cash award will be used to support the work being done by A-Train Marketing Communications Inc. to develop messaging to inspire community action to reduce greenhouse gas emissions. FROM: Unanticipated Revenue (grants) $5,000 FOR: Reduction of Greenhouse Gas Emissions projects $5,000 7. In 2015, the City of Fort Collins received $500,000 in Brownsfield grant funds from the Environmental Protection Agency to conduct environmental assessments of property within the City and County. These funds have been targeted for assessments in the North College Urban Renewal Area and River District portion of Old Town. Partners on the grant include the Downtown Development Authority and Larimer County. This is a reimbursable grant. FROM: Unanticipated Revenue (grants) $500,000 FOR: Environmental assessments in the North College Urban Renewal $500,000 Area and River District portion of Old Town 8. The Forestry Department requests to appropriate unanticipated revenue from reimbursement claims for damages to trees caused by accidents. FROM: Unanticipated Revenue $2,809 FOR: Forestry Maintenance $2,809 9. The Gardens on Spring Creek request appropriations of unanticipated revenues. Revenues increased beyond projections due to increased programs such as the Spring Plant Sale and Youth Summer Camps and increased donations due to the popularity of the Gardens. Appropriations are needed for the additional cost of expanded programs including staffing, supplies, credit card fees, etc. FROM: Unanticipated Revenue $49,000 FOR: Gardens on Spring Creek Programs and Operations $49,000 10. Pursuant to state law, District 6 candidate Carl Wangsvick requested and paid for a recount of the votes cast in the District 6 Council race. The actual cost of that recount was $8,902. This appropriates those funds into the City Clerk's Election budget to offset the recount expenses. FROM: Unanticipated Revenue $8,902 FOR: Election Recount Expenses $8,902 11. This request is intended to cover expenses related to land bank property maintenance needs for 2015. As expenses vary from year-to-year, funding is requested annually mid-year to cover these costs. Expenses 3.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 5 for 2015 include general maintenance of properties, raw water and sewer expenses, market analysis and property appraisals. In addition, substantial deferred maintenance must be completed before a land bank property can be rented out again. This land bank parcel is being held for future development, which is not likely to occur for at least two years. FROM: Prior Year Reserves (Land Bank Reserve) $53,000 FOR: Land Bank Expenses $53,000 12. The Fort Collins Convention and Visitors Bureau (FCCVB) has been awarded an $87,764 grant from the Colorado Welcome Center through the State of Colorado. These funds will be disbursed by the State of Colorado and directed through the City of Fort Collins, pursuant to State of Colorado requirements, then paid to the FCCVB. The grant period will run from July 1, 2015 through June 30, 2016. FROM: Unanticipated Revenue (grant) $87,764 FOR: Fort Collins Convention and Visitors Bureau $87,764 B. SALES AND USE TAX FUND 1. The sales and use tax revenue received in 2014 was higher than projected and existing appropriations were not adequate to make the full transfer from the Sales and Use Tax Fund to the Capital Projects Fund for the one quarter cent Building on Basics tax, and to the Natural Areas Fund for the one quarter cent Natural Areas tax. Adjustments to other funds are not needed because the tax revenues are recorded directly into those funds. This item appropriates additional funds in the amount of $2,678,088 from prior year reserves for transfer from the Sales and Use Tax Fund to the Capital Projects Fund for the Building on Basics tax of $1,339,044, and for transfer to the Natural Areas Fund for the Natural Areas tax of $1,339,044. FROM: Prior Year Reserves (Sales & Use Tax Fund) $2,678,088 FOR: Transfer to Capital Projects - Building on Basics $1,339,044 FOR: Transfer to Natural Areas Fund $1,339,044 C. BENEFITS FUND 1. An additional appropriation of approximately $1.9M is requested from reserves in the Benefits Fund. Benefit costs are increasing greater than anticipated, driven by both additional staff covered by the Affordable Health Care Act in 2015/16 and claims costs continuing to grow at a greater rate than forecasted. On average, medical claims grew approximately 5.5% per year from 2009 through 2012. In 2013 and 2014, claims increased 9% and 7.5% respectively. In looking at the first eight months of 2015, the growth in medical claims is trending toward an increase in excess of 8% or more, compared to 2014. Claims expenditures are projected to exceed budgeted appropriations by $1.7M. Additional appropriations of approximately $200,000 are also needed to cover estimated fees associated with the Affordable Care Act (“ACA”). It is anticipated that the additional request of $1.9M will not adversely affect the minimum fund balance requirement necessary at the end of 2015. FROM: Prior Year Reserves $1,900,000 FOR: Benefits Fund Expenses $1,900,000 D. CAPITAL PROJECTS FUND 1. As part of the Lincoln Avenue Improvements Project, additional funds have been received from 2 developers, Odell Brewing Co. and McKee Brothers, Inc., as payment to construct the local street improvements for Lincoln Avenue adjacent to Odell Brewing Co. and In-Situ Subdivision. (See Street Oversizing Fund Item #I1) FROM: Unanticipated Revenue (Contributions in Aid) $96,795 FROM: Transfer from the Street Oversizing Fund $34,157 3.1 Packet Pg. 36 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 6 FOR: Construction of local street improvements for Lincoln Ave. $130,952 adjacent to Odell Brewing Co. and In-Situ Subdivision. 2. This item is related to the EPIC water quality and bulkhead improvements. Currently $339,000 resides in the Facilities operating budget. Since this is a capital project, we are requesting it to be transferred to the Capital Projects Fund. This allows us to have the entire cost of the project budgeted in one Capital Project. There is no increase to the Citywide appropriation. (See General Fund Item #2a). FROM: Transfer from General Fund (Op Svcs) $339,000 FOR: EPIC Water Quality and Bulkhead Improvements $339,000 3. As part of the Willow Street River District Improvements Project, additional funds have been received from the developer as payment to construct the local street improvements adjacent to the site that were completed by the City at 400 Linden Street. FROM: Unanticipated Revenue (developer payment) $5,225 FOR: Willow Street River District Improvements Project $5,225 4. As part of the North College Avenue, Phase III, Conifer to Willox Project, additional funds have been received from the property owner at 900 North College Avenue for right-of-way purchase and the cost for the local street obligation. FROM: Unanticipated Revenue (property owner funds) $33,864 FOR: N. College Ave., Phase III, Conifer to Willox Project $33,864 E. EQUIPMENT FUND 1. Appropriation of unanticipated grant revenue from the Regional Air Quality Council to purchase Compressed Natural Gas (CNG) vehicles: One semi-tractor, four tandem dump trucks, and two Utility Line trucks. The total amount of grant funding is $82,485 with a 20% match covered by the departments’ existing appropriations. This is a reimbursable grant. FROM: Unanticipated Revenue (grant) $82,485 FROM: CNG Vehicles $82,485 F. GOLF FUND 1. This item is to appropriate unanticipated revenue in the Golf Fund to replace the three range ball machines that are 15 to 20 years old. New technology in range ball machines will allow interfacing with the City's GolfTrac System, provide reports on use, improve overall accountability and internal controls over the driving range revenue, and improve customer service. With improved accountability and internal controls, revenue increases should provide a full return of this investment within the next five years. The current machines are not reliable and any issues with the machines will impact customer service. This is an immediate unanticipated issue that needs to be address by year end. This request includes electrical work that needs to be done at each course to accommodate the machines and the cost of the machines. FROM: Unanticipated Revenue $58,000 FOR: Golf Driving Range Ball Machines $58,000 2. During 2014 all golf pro contracts and the Collindale restaurant concessionaire contract were renegotiated. Several unanticipated expenses have occurred due to these contract negotiations and the Golf Division’s assuming full responsibility and control over the three driving ranges. Unanticipated projects included carpet at Collindale as part of the negotiation with Potts - $26,000, renovation of the SouthRidge driving range, which was a necessary improvement for the City to maximize its revenues and improve customer service - $19,000, and replacement of the rangeball picker machine at Collindale - $11,000. It was also determined this summer that the kitchen floor and drain at the Collindale Clubhouse has been leaking into 3.1 Packet Pg. 37 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 7 the basement ceiling. The drain and the tile floor need to be resealed to eliminate the leaking. This work needs to occur during warm weather for proper ventilation and the clubhouse will need to be closed to the public for approximately one week during this time. It is the least impactful to the golfing community if the clubhouse is closed this fall instead of next spring. This issue is unanticipated and needs to be mitigated as soon as possible. The cost is estimated to be $35,000. Unanticipated 2015 revenue in the Golf Fund will be used to cover these costs. FROM: Unanticipated Revenue $91,000 FOR: Carpet at Collindale $26,000 FOR: Renovation of Southridge Driving Range $19,000 FOR: Replacement of Rangeball Picker Machine at Collindale $11,000 FOR: Kitchen Drain and Tile Floor Resealing at Collindale Clubhouse $35,000 G. NATURAL AREAS FUND 1. The sales and use tax revenue received in 2014 was higher than projected and existing appropriations were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund for the one quarter cent Natural Areas tax. (See Sales & Use Tax Fund Item #1) This item appropriates funds in the amount of $1,339,044 transferred from the Sales and Use Tax Fund to the Natural Areas Fund for Land Conservation expenses. FROM: Unanticipated Revenue (Transfer In) $1,339,044 FOR: Natural Areas Expenses $1,339,044 2. The City of Fort Collins Natural Areas Department has been awarded a grant of $10,000 from the History Colorado State Historical Fund. The grant will be used to fund a Historic Structure Assessment of the Great Western Sugar Company Effluent Flume and Bridge, which spans the Cache la Poudre River on Kingfisher Point Natural Area. The Historic Structure Assessment will be performed by an engineering firm with experience in restoration of historic structures and will take approximately 6 months to complete. FROM: Unanticipated Revenue (grant) $10,000 FOR: Historic Structure Assessment of the Great Western $10,000 Sugar Company Effluent Flume and Bridge 3. Grant from Rocky Mountain Bird Observatory for revegetation of Sterling Natural Area for the purposes of grading important bird habitat. FROM: Unanticipated Revenue (grant) $4,209 FOR: Revegetation of Sterling Natural Area $4,209 4. Wetlands for Wildlife Grant for work done at the Shields Pit Restoration project. FROM: Unanticipated Revenue (grant) $50,000 FOR: Shields Pit Restoration Project $50,000 H. RECREATION FUND 1. The purpose of this item is to appropriate sub-grant funds from the Colorado Department of Public Health and Environment through Poudre Valley Health Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO). The Vida Sana Program addresses health disparities among community members in Fort Collins. Specific interventions include providing culturally congruent exercise programming through the Northside Aztlan Community Center. The grant is reimbursable upon expenditure by Recreation. FROM: Unanticipated Revenue (grant) $64,709 FOR: Vida Sana Recreation Programs $64,709 3.1 Packet Pg. 38 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 8 2. Fitness programs at Northside Aztlan and the newly expanded Senior Center have been very successful this year which increased revenues and created related increases in expenses. The Trips and Travel program geared to the 50+ population has also been successful. The additional expenses are offset by an increase in revenue through participation fees. FROM: Unanticipated Revenue $138,000 FOR: Recreation Programs $138,000 3. The purpose of this item is to appropriate $17,000 in interest earnings received in December 2014 from the Community Foundation of Northern Colorado - Senior Center Endowment Fund to replace chairs at the Senior Center. FROM: Prior Year Reserves $17,000 FOR: Chair Replacement at Senior Center $17,000 I. STREET OVERSIZING FUND 1. As part of the Lincoln Avenue Improvements Project, additional funds have been received from 2 developers, Odell Brewing Co. and McKee Brothers, Inc., as payment to construct the local street improvements for Lincoln Ave. adjacent to Odell Brewing Co. and In-Situ Subdivision. This appropriation is for the transfer of previously received funds from the Street Oversizing Fund to the Capital Projects fund to be used for Lincoln Avenue improvements. (See Sales & Use Tax Fund Item #1) FROM: Prior Year Reserves $34,157 FOR: Transfer to the Capital Projects Fund $34,157 J. TRANSIT SERVICES FUND 1. The City of Fort Collins has entered into agreements with each of its three Transportation Management Area (TMA) partners (Loveland, Berthoud, and the North Front Range Metropolitan Planning Organization (NFRMPO)) to transfer local funds to the partners in exchange for the partner's allocation of federal formula funding. These agreements are specific to Federal Fiscal Year (FFY) 2015 FTA Section 5307 and Section 5339 formula grants. This request for additional appropriations to match the sum of the agreed- upon local funds exchange is fully funded with additional federal funding. FROM: Unanticipated Revenue (grant) $1,230,505 FOR: Pass-Thru Funding to Transportation Management Area $1,230,505 2. The City of Fort Collins is the recipient of $40,000 in unanticipated 2015 FTA Section 5304 funds administered by CDOT. The funding was awarded to the City, in a competitive grant award process by CDOT, to fund, at an 80% capital match ratio, a comprehensive route improvement study. FROM: Unanticipated Revenue (grant) $40,000 FOR: Comprehensive Route Improvement Study $40,000 3. Transfort has entered into an agreement with Colorado State University (CSU) to provide additional service for the HORN bus route. This request will fund the first half of the 2015-2016 school year with a further request due in 2016 for the entirety of additional service in 2016. FROM: Unanticipated Revenue (CSU) $24,715 FOR: HORN Bus Route Service $24,715 3.1 Packet Pg. 39 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 9 K. TRANSPORTATION SERVICES FUND 1. The PVH and MCR Foundation provided $3,000 to be used to support the FC Bikes Bicycle Ambassador Program. This funding will support bicycle education and outreach initiatives to advance bicycle safety in Fort Collins. FROM: Unanticipated Revenue (grant) $3,000 FOR: FC Bikes Bicycle Ambassador Program $3,000 2. The Planning, Development and Transportation Work for Others is a self-supported program for all “Work for Others” (WFO) activities within Streets, Traffic and Engineering. Expenses are tracked and billed out to other City departments, Poudre School District, CSU, CDOT, Larimer County, developers and other public agencies. The original budget of $2,943,000 was an estimate based on scheduled projects. Additional unanticipated projects were added in 2015. In addition, the Streets Department is anticipating traffic control and patching projects for other departments similar to 2014. Additional appropriations of $550,000 are needed to cover labor, material and equipment costs that will be recovered upon completion of the various projects. FROM: Unanticipated Revenue (WFO) $550,000 FOR: Traffic Construction $250,000 FOR: Streets WFO $300,000 3. The Parking Fund was created in 2015 to segregate parking revenues and expenditures that were previously reported in the Transportation Fund. This provides greater transparency for Parking activities. This action transfers prior year reserves previously identified for Parking from the Transportation Fund to the Parking Fund in the amount of $1,525,667. FROM: Prior Year Reserves (Parking) $1,525,667 FOR: Transfer to the Parking Fund $1,525,667 4. Due to the number of storms in January and February 2015, the 2015 snow budget has been depleted. There were ten storms and approximately 20” of snow in this timeframe. February 2015 had the heaviest snowfall since 1923. Extensive ice cutting was required because of the weather pattern. Warmer days, bitter cold nights, and waves of freezing rain or snow every few days caused ice to build up in gutters blocking drainage and causing ice dams and ice potholes. Clearing sidewalks and pedestrian access ramps also significantly impacted the snow removal budget. Additional funding of $500,000 is needed to provide snow removal services during the winter months of October through December 2015. This will cover labor, equipment and materials. FROM: Prior Year Reserves $500,000 FOR: Snow Removal $500,000 L. SELF INSURANCE FUND 1. This request is to appropriate $700,000, transferred from General Fund reserves, for payouts on claims incurred over this and previous years that resulted in payments of substantial legal fees and claims settlements. The budgeted amount of $1,200,000 in 2015, based upon our experience in previous years, will not be adequate to cover 2015 expenses and all claim payments incurred in 2015 regardless of their year of occurrence. The projection is based upon a review of five prior years plus current year to date claims information as well as external actuarial reports. As an internal services department, revenue in the form of department allocations is not adequate to cover claim payments which will be addressed in the next budget cycle. A supplemental appropriation of $700,000 is being requested for 2015. FROM: Transfer from the General Fund $700,000 FOR: Settlement and Claims $700,000 3.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 8 Item # 8 Page 10 FINANCIAL / ECONOMIC IMPACTS This Ordinance increases total City 2015 appropriations by $13,948,757. Of that amount, this Ordinance increases General Fund 2015 appropriations by $2,399,137 including use of $1,142,913 in prior year reserves. Funding for the total City appropriations is $3,738,731 from unanticipated revenue, $7,797,825 from prior year reserves, and $2,412,201 transferred from other funds. The following is a summary of the items requesting prior year reserves: Item # Fund Use Amount A3 General Manufacturing Equipment Use Tax Rebate $389,913 A4 General 2015 higher than anticipated payouts on claims incurred over this and previous years 700,000 A11 General Land Bank Property Maintenance 53,000 B1 Sales & Use Tax Transfer of 2014 sales tax revenue for BOB and Natural Areas 2,678,088 C1 Benefits Additional Benefits costs 1,900,000 H3 Recreation Appropriate interest earnings from the Community Foundation of Northern Colorado - Senior Center Endowment Fund to replace chairs at the Senior Center 17,000 I1 Street Oversizing Lincoln Ave. Improvements, 1st to Lemay Project - additional funds from developers transfer to Capital Projects Fund 34,157 K3 Transportation Parking Fund - transfers prior year reserves previously identified for Parking from the Transportation Fund to the Parking Fund 1,525,667 K4 Transportation Snow Removal 500,000 Total Use of Prior Year Reserves: $7,797,825 3.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3669 : SR 123 Budget Adjustment) - 1 - ORDINANCE NO. 123, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN FUNDS OR PROJECTS WHEREAS, the City has unanticipated revenue and prior year reserves available to appropriate; and WHEREAS, in accordance with Article V, Section 8(b) of the City Charter, any expense or liability entered into by an agent of the City, on behalf of the City, shall not be made unless an appropriation therefor shall have been made by the City Council; 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 9, of the City Charter also 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, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital project to another fund or capital project, provided the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the City wishes to provide for the expenditures listed below and the City Manager recommends that these expenditures be made. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following funds are hereby authorized for transfer and appropriated for expenditure for the purposes stated below: A. GENERAL FUND 1. APP. FROM: Unanticipated Revenue (Miscellaneous Police) $397,228 APP. FROM: Unanticipated Revenue (High Intensity Drug Traffic Grant) $34,711 APP. FROM: Unanticipated Revenue (2015 Seatbelt Grant) $6,660 APP. FROM: Unanticipated Revenue (2015 High Visibility DUI Grant) $16,544 APP. FROM: Unanticipated Revenue (2014 LEAF DUI Grant) $7,027 FOR: Police Services $198,625 FOR: Fort Collins 911 Center Maintenance expenses $23,640 FOR: Tiburon/CAD system $174,963 FOR: High Intensity Drug Traffic Grant $34,711 FOR: Seatbelt Grant $6,660 3.2 Packet Pg. 42 Attachment: Ordinance No. 123, 2015 (3669 : SR 123 Budget Adjustment) - 2 - FOR: High Visibility DUI Grant $16,544 FOR: LEAF DUI Grant $7,027 2. APP. FROM: Unanticipated Revenue (insurance proceeds) $61,304 APP. FROM: Unanticipated Revenue (Work for Others “WFO”) $75,000 FOR: Police Vehicle Purchases $61,304 FOR: WFO Building Repair and Maintenance $75,000 3. APP. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $389,913 FOR: Manufacturing Use Tax Rebates $389,913 4. APP. FROM: Prior Year Reserves $700,000 FOR: Transfer to the Self Insurance Fund $700,000 5. APP. FROM: Unanticipated Revenue (from radon kit sales) $4,276 FOR: Radon Test Kits $4,276 6. APP. FROM: Unanticipated Revenue (grants) $5,000 FOR: Reduction of Greenhouse Gas Emissions projects $5,000 7. APP. FROM: Unanticipated Revenue (grants) $500,000 FOR: Environmental assessments in the North College Urban Renewal $500,000 Area and River District portion of Old Town 8. APP. FROM: Unanticipated Revenue $2,809 FOR: Forestry Maintenance $2,809 9. APP. FROM: Unanticipated Revenue $49,000 FOR: Gardens on Spring Creek Programs and Operations $49,000 10. APP. FROM: Unanticipated Revenue $8,902 FOR: Election Recount Expenses $8,902 11. APP. FROM: Prior Year Reserves (Land Bank Reserve) $53,000 FOR: Land Bank Expenses $53,000 12. APP. FROM: Unanticipated Revenue (grant) $87,764 FOR: Fort Collins Convention and Visitors Bureau $87,764 B. SALES & USE TAX FUND 1. APP. FROM: Prior Year Reserves (Sales & Use Tax Fund) $2,678,088 FOR: Transfer to Capital Projects - Building on Basics $1,339,044 FOR: Transfer to Natural Areas Fund $1,339,044 3.2 Packet Pg. 43 Attachment: Ordinance No. 123, 2015 (3669 : SR 123 Budget Adjustment) - 3 - C. BENEFITS FUND 1. APP. FROM: Prior Year Reserves $1,900,000 FOR: Benefits Fund Expenses $1,900,000 D. CAPITAL PROJECTS FUND 1. APP. FROM: Unanticipated Revenue (Contributions in Aid) $96,795 APP. FROM: Transfer from the Street Oversizing Fund $34,157 FOR: Construction of local street improvements for Lincoln Ave. $130,952 adjacent to Odell Brewing Co. and In-Situ Subdivision 2. APP. FROM: Transfer from General Fund (Op Svcs) $339,000 FOR: EPIC Water Quality and Bulkhead Improvements $339,000 3. APP. FROM: Unanticipated Revenue (developer payment) $5,225 FOR: Willow Street River District Improvements Project $5,225 4. APP. FROM: Unanticipated Revenue (property owner funds) $33,864 FOR: N. College Ave., Phase III, Conifer to Willox Project $33,864 E. EQUIPMENT FUND 1. APP. FROM: Unanticipated Revenue (grant) $82,485 APP. FROM: Compressed Natural Gas Vehicles $82,485 F. GOLF FUND 1. APP. FROM: Unanticipated Revenue $58,000 FOR: Golf Driving Range Ball Machines $58,000 2. APP. FROM: Unanticipated Revenue $91,000 FOR: Carpet at Collindale $26,000 FOR: Renovation of Southridge Driving Range $19,000 FOR: Replacement of Rangeball Picker Machine at Collindale $11,000 FOR: Kitchen Drain and Tile Floor Resealing at Collindale Clubhouse $35,000 G. NATURAL AREAS FUND 1. APP. FROM: Unanticipated Revenue (Transfer In) $1,339,044 FOR: Natural Areas Expenses $1,339,044 2. APP. FROM: Unanticipated Revenue (grant) $10,000 FOR: Historic Structure Assessment of the Great Western $10,000 Sugar Company Effluent Flume and Bridge 3. APP. FROM: Unanticipated Revenue (grant) $4,209 FOR: Revegetation of Sterling Natural Area $4,209 3.2 Packet Pg. 44 Attachment: Ordinance No. 123, 2015 (3669 : SR 123 Budget Adjustment) - 4 - 4. APP. FROM: Unanticipated Revenue (grant) $50,000 FOR: Shields Pit Restoration Project $50,000 H. RECREATION FUND 1. APP. FROM: Unanticipated Revenue (grant) $64,709 FOR: Vida Sana Recreation Programs $64,709 2. APP. FROM: Unanticipated Revenue $138,000 FOR: Recreation Programs $138,000 3. APP. FROM: Prior Year Reserves $17,000 FOR: Chair Replacement at Senior Center $17,000 I. STREET OVERSIZING FUND 1. APP. FROM: Prior Year Reserves $34,157 FOR: Transfer to the Capital Projects Fund $34,157 J. TRANSIT SERVICES FUND 1. APP. FROM: Unanticipated Revenue (grant) $1,230,505 FOR: Pass-Thru Funding to Transportation Management Area $1,230,505 2. APP. FROM: Unanticipated Revenue (grant) $40,000 FOR: Comprehensive Route Improvement Study $40,000 3. APP. FROM: Unanticipated Revenue (Colorado State University) $24,715 FOR: HORN Bus Route Service $24,715 K. TRANSPORTATION SERVICES FUND 1. APP. FROM: Unanticipated Revenue (grant) $3,000 FOR: FC Bikes Bicycle Ambassador Program $3,000 2. APP. FROM: Unanticipated Revenue (Work for Others “WFO”) $550,000 FOR: Traffic Construction $250,000 FOR: Streets WFO $300,000 3. APP. FROM: Prior Year Reserves (Parking) $1,525,667 FOR: Transfer to the Parking Fund $1,525,667 4. APP. FROM: Prior Year Reserves $500,000 FOR: Snow Removal $500,000 3.2 Packet Pg. 45 Attachment: Ordinance No. 123, 2015 (3669 : SR 123 Budget Adjustment) - 5 - L. SELF INSURANCE FUND 1. APP. FROM: Transfer from the General Fund $700,000 FOR: Settlement and Claims $700,000 Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 46 Attachment: Ordinance No. 123, 2015 (3669 : SR 123 Budget Adjustment) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT Second Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 6, 2015, appropriates $244,723 of prior year reserves from the Street Oversizing Fund and authorizes the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The City has an opportunity to purchase road right-of-way and utility easements for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (PDF) 2. Ordinance No. 124, 2015 (PDF) 4 Packet Pg. 47 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $244,723 of prior year reserves from the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The opportunity has come up to purchase road right-of-way and utility easements, per the City’s Master Street Plan, for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Lemay Avenue realignment and intersection improvements have been prioritized as the City’s Number 1 Transportation Capital Improvement Project. The improvements will construct a new road and intersection (future Suniga Drive and Lemay Avenue) slightly north and east of the existing Vine Drive and Lemay Avenue. The project area is included within the City’s land use and economic development plan (Mountain Vista Subarea Plan) which was created as a long-term planning vision for the northeast section of Fort Collins. Improvement of the intersection has become a safety issue for local residents, the Burlington Northern Santa Fe (BNSF) railway, emergency services, and the travelling public. Project Goals: Community Revitalization-complete critical transportation improvements that will enhance connectivity for local neighborhoods to employment, schools, goods and services. Existing residents suffer from the constraints of congestion on a daily basis. Safety and Multi-Modal Connectivity-foster a safe, connected, resilient and accessible system for all modes of travel to key activity centers, access to high frequency transit service, and bicycle and pedestrian facilities. Commerce and Accessibility Improvements-construction of the improvements will help alleviate congestion along existing roadways and the BNSF rail corridor, which in turn helps improve rail operations and the overall ability to move goods and services efficiently. The existing Vine and Lemay intersection, which includes the BNSF Railway crossing, is severely congested with limited options to expand through lanes or turn capacity due to land use constraints. The City is currently ATTACHMENT 1 4.1 Packet Pg. 48 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3666 : SR 124 Lemay Vine Intersection) Agenda Item 9 Item # 9 Page 2 working on an alternatives analysis to determine the best plan to appropriately serve the project area, and increase safety to meet the needs of existing residents and the travelling public while balancing the growth of vehicle and train traffic. Interim and ultimate solutions for realigned Lemay Avenue include new at-grade intersections or overpass/underpass of the BNSF Railway at existing Vine Drive. CITY FINANCIAL IMPACTS This Council action will authorize the appropriation of prior year reserves in the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project for the purchase of real property for future roadway construction. Council previously appropriated $1,000,000 of Keep Fort Collins Great (KFCG) funds through the Budgeting for Outcomes (BFO) process for the 2015-2016 budget cycle. Staff has prioritized the use of these funds to: Conduct an alternatives analysis for realigned Lemay Avenue at the BNSF and Vine Drive; Pursue right-of-way and easement acquisitions for realigned Lemay Avenue and Suniga Drive; Complete a preliminary design for realigned Lemay Avenue; and Develop and implement a communication and public outreach plan. Staff has been working to acquire needed right-of-way and easements for realigned Lemay Avenue and Suniga Drive, per the alignments identified on the Master Street Plan, through the Kederike parcel. The agreed upon price for the road (fee simple acquisition), slope and utility easements, closing fees, and title insurance is $522,335. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation, consistent with the Street Oversizing model for responsibilities of developable parcels. The table below summarizes the purchase obligations for the Kederike property: Funding Summary Prior Appropriation from KFCG (Engineering Capital portion) $ 277,612 New Appropriation of Prior Year Reserves from Street Oversizing Fund $ 244,723 TOTAL $ 522,335 The purchase of road right-of-way and easements through the Kederike parcel will allow staff to move forward with the preliminary design after the conclusion of the Alternatives Analysis study. The proposed right-of-way areas will aid in the construction of short-term, interim improvements as options are developed through the alternatives analysis study. The long-term, ultimate solution will be the construction of two new four-lane arterial streets in realigned Lemay Avenue and Suniga Drive. BOARD / COMMISSION RECOMMENDATION This project has not been before any boards or commissions to date. Staff has hired a consultant team for the alternatives analysis, design, communication and outreach. More specific information about the timeline will be coming forward in the next few months and will be presented to boards, commissions and Council. PUBLIC OUTREACH Staff is currently working on a detailed communication and public outreach plan. Implementation of the plan will begin in late 2015 as staff collects feedback on the alternatives analysis. Staff will evaluate which specific communication tools will be used. The project website will be kept current with design and process information. <http://www.fcgov.com/engineering/vine-lemay.php> ATTACHMENTS 1. Location map (PDF) 4.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3666 : SR 124 Lemay Vine Intersection) - 1 - ORDINANCE NO. 124, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STREET OVERSIZING FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR THE LEMAY AND VINE INTERSECTION PROJECT WHEREAS, the Lemay Avenue realignment and intersection improvements have been prioritized as the City’s highest Transportation Capital Improvement Project priority; and WHEREAS, the Engineering Department is currently working on a Conceptual Design and Alternatives Analysis for realigned Lemay Avenue and Suniga Drive; and WHEREAS, the improvements will construct a new road and intersection for the future Lemay Avenue and Suniga Drive slightly north and east of the existing Vine Drive and Lemay Avenue; and WHEREAS, the City has an opportunity to purchase fee title to a road right-of-way and utility easements; and WHEREAS, the total purchase amount is $522,335.00; and WHEREAS, $277,612.00 was previously appropriated from Keep Fort Collins Great funds; and WHEREAS, this Ordinance will appropriate the remaining cost of $244,723.00 from prior year reserves in the Street Oversizing Fund for transfer to the Capital Project Fund; 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 permits the City Council during the fiscal year to transfer appropriations by ordinance from one fund or capital project account to another fund or capital project account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the Street Oversizing Fund the amount of TWO HUNDRED FORTY FOUR THOUSAND SEVEN HUNDRED TWENTY THREE DOLLARS ($244,723) and authorized for transfer to the Capital Projects Fund and appropriated therein for the Lemay and Vine Intersection Project. 4.2 Packet Pg. 50 Attachment: Ordinance No. 124, 2015 (3666 : SR 124 Lemay Vine Intersection) - 2 - Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 51 Attachment: Ordinance No. 124, 2015 (3666 : SR 124 Lemay Vine Intersection) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT Second Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 6, 2015, appropriates $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management. The project consists of Stormwater Flood Warning System capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2015 (PDF) 2. Ordinance No. 126, 2015 (PDF) 5 Packet Pg. 52 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management (DHSEM). The project consists of Stormwater Flood Warning System (FWS) capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges (the Project). To meet federal guidelines for reimbursement, it is necessary to account for all project expenditures for the full amount of the grant award, or $142,900, of which 75% ($107,175) will be reimbursed by the US Office of Federal Emergency Management (FEMA), 12.5% ($17,862) by DHSEM, and 12.5% ($17,862) from previously appropriated local matching funds (the City of Fort Collins Utilities). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2014, the DHSEM announced that FEMA was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event. The City submitted a grant proposal for FWS enhancements to the Hazard Mitigation Grant Program (HMGP) that is managed through by the DHSEM (as the Grantor). Funds would be delivered to successful applicants via reimbursement for costs incurred for approved mitigation approaches. The City’s submittal for FWS enhancements totaled $142,900 for capital improvements to the FWS for the Project. The City was awarded, at an 87.5% matching level from federal and state funds which will result in reimbursement of $125,037. If the Ordinance is adopted, this Project account balance will be established in a capital project account that will receive funds directed from the existing Utilities Stormwater Drainage Fund. The HMGP grant award matching funds will be provided via reimbursement requests to the DHSEM made quarterly. CITY FINANCIAL IMPACTS The Ordinance will enable Utilities to move forward with the Project. The matching funds of $17,862 are expected to be covered by current appropriations available in the Utilities Storm Drainage Fund. This Ordinance is also consistent with the objectives stated by City Council in Ordinance No. 168, 1998, for uniform and citywide operation, maintenance, and improvements to the stormwater system. ATTACHMENT 1 5.1 Packet Pg. 53 Attachment: First Reading Agenda Item Summary, October 6, 2015 (3665 : SR 126 Flood Warning Grant) - 1 - ORDINANCE NO. 126, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE STORM DRAINAGE FUND FOR THE FLOOD WARNING SYSTEM ENHANCEMENTS PROJECT WHEREAS, in 2014, the State of Colorado Department of Homeland Security–Office of Emergency Management (DHSEM) announced that the Federal Emergency Management Agency (FEMA) was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event; and WHEREAS, the City submitted a grant proposal of $142,900 (full project amount including City matching funds) to this Hazard Mitigation Grant Program for Flood Warning System (FWS) enhancements, including new data management software, new communications hardware (at its radio repeater site at both its base stations), and for the installations of new gage, sensor and telemetry infrastructure at three new gaging sites (the “Project”); and WHEREAS, in response to the above proposal, the Storm Drainage Fund has received a grant from DHSEM with the grant funding to be reimbursed by FEMA in the amount of $107,175 (75%) and from DHSEM in the amount of $17,862 (12.5%) to be used for the Project; and WHEREAS, this Ordinance appropriates the grant funding of $125,037; and WHEREAS, the City’s matching funds of $17,863 (12.5%) will come from existing appropriations; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins 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 Storm Drainage 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 that there is hereby appropriated for expenditure from unanticipated grant revenue in the Storm Drainage Fund the sum of ONE HUNDRED TWENTY-FIVE THOUSAND THIRTY-SEVEN DOLLARS ($125,037) for the Project. 5.2 Packet Pg. 54 Attachment: Ordinance No. 126, 2015 (3665 : SR 126 Flood Warning Grant) - 2 - Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 55 Attachment: Ordinance No. 126, 2015 (3665 : SR 126 Flood Warning Grant) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Helen Matson, Real Estate Services Manager Mike Calhoon, Parks Supervisor SUBJECT Second Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 6, 2015, adds an antenna array to an existing City-owned light pole, located at City Park north ball field, 137 South Bryan Avenue, and authorizes the lease of 375 square feet of ground space to Verizon Wireless. The array will be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets will be installed adjacent to the current carriers’ equipment. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (PDF) 2. Ordinance No. 127, 2015 (PDF) 6 Packet Pg. 56 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Helen Matson, Real Estate Services Manager Mike Calhoon, Parks Supervisor SUBJECT First Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. EXECUTIVE SUMMARY The purpose of this item is to add an antenna array to an existing City-owned 90.6 foot light pole and lease 375 square feet of ground space to Verizon Wireless. This array would be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets would be installed adjacent to the current carriers’ equipment. This will be located at 137 South Bryan Avenue, which is the City Park north ball field. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City's Administrative Policy was amended this year and now prohibits granting leases to locate wireless telecommunication facility on any City-owned public land. The Policy states that the wireless telecommunication facilities existing on public land in City Park at the time of the Policy may remain in place, and co-location of equipment by multiple carriers may be encouraged; however, consent to enlarge the footprint of such facilities shall not be granted. Exceptions to this strict application of this policy may be made at the discretion of the City Manager. The City Manager has approved the request for a lease application, even though Verizon is expanding its footprint to install a new equipment cabinet on a new concrete pad. In compliance with this Administrative Policy, Verizon Wireless contacted the Parks Department to discuss a proposed lease of space on an existing City-owned monopole to place its antennas and to construct a ground equipment facility next to the existing equipment facilities of other wireless providers that are leasing from the City. The property to be leased, along with a related utility and access easement, is located at the north ball field in City Park. Attachment 3 is a photo of the area in its current condition and a simulated photo to show the new antenna array and ground equipment. City Council has previously approved similar leases to Sprint, T-Mobile, ATT and Cricket at this location. The key terms of the Lease Agreement include: 1. The term of the lease is for five (5) years and will automatically renew for up to four (4) successive five (5) year periods. 2. Annual rent of $21,600 with increases of 20 percent (20%) every five years. 3. Lease of 375 square foot ground space to house its communication equipment cabinet. ATTACHMENT 1 6.1 Packet Pg. 57 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3670 : SR 127 City Park Cell Tower) Agenda Item 13 Item # 13 Page 2 4. Verizon will attach its panel antennas directly below the existing stadium lights, approximately 65 feet above the ground. 5. Verizon will construct three (3) equipment cabinets, approximately 8 square feet each, on a new concrete pad. 6. Verizon will construct a 6-foot galvanized chain link fence to enclose the equipment cabinet. The fence will have a sloped top that will prevent softballs from entering the enclosure. This enclosure will be built and screened to match the existing fenced enclosures leased by other wireless carriers. Verizon will also fund four (4) evergreen trees to provide screening for the equipment. 7. Verizon will construct, maintain, repair, secure and operate its leased area. 8. The agreement includes the granting of a non-exclusive access and utility easement for use by Verizon during the term of this lease. CITY FINANCIAL IMPACTS The lease will generate revenue for the Parks Department of $21, 600 annually over the initial five-year term. The lease rate will increase 20 percent (20%) each additional five-year term. The revenue will be used by the Parks Department for repair and renovation of existing park facilities and equipment. The tenant will be responsible for the maintenance and costs to maintain the leased area. PUBLIC OUTREACH A neighborhood meeting was held March 5, 2015. Notification was sent to property owners bounded by LaPorte Avenue to West Mulberry Street and Grandview Avenue to Lyons Street and South McKinley Avenue. Only one member of the public attended this meeting. Minutes of the meeting are attached (Attachment 4). ATTACHMENTS 1. Sustainability Assessment Summary and Tool (PDF) 2. Location map (PDF) 3. Photo of Existing Condition and Simulated Photo of New Equipment (PDF) 4. City Park Ball Field Wireless Colocate Neighborhood Meeting, March 5, 2015 (PDF) 6.1 Packet Pg. 58 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3670 : SR 127 City Park Cell Tower) - 1 - ORDINANCE NO. 127, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A LEASE OF CITY-OWNED PROPERTY AT CITY PARK NORTH BALL FIELD TO VERIZON WIRELESS (VAW) LLC FOR THE INSTALLATION OF ANTENNAS AND RELATED FACILITIES, AND ASSOCIATED ACCESS AND UTILITY EASEMENTS WHEREAS, the City is the owner of those certain parcels of real property described on Exhibit “A” attached and incorporated by reference (the “Property”); and WHEREAS, the Property is part of the City Park North Ball Field and the site of the Fort Collins Housing Authority office building; and WHEREAS, Verizon Wireless (VAW) LLC (“Verizon”) has asked the City to lease it 375 square feet of space on the Property and space on an existing monopole at the ball field (the “Lease Parcel”) for the installation of an antenna and related equipment to enhance its wireless service, along with three utility easements and one access and utility easement to serve Verizon’s facilities (the “Easements”); and WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit “B” attached and incorporated by reference; and WHEREAS, City staff has worked with Verizon to negotiate and prepare a lease agreement (the “Lease”), a copy of which is attached as Exhibit “C” and incorporated by reference; and WHEREAS, under the Lease, Verizon’s initial lease term would be five years, with four additional, successive five-year renewal periods; and WHEREAS, use of the Easements would be governed by the terms of the Lease, and would terminate when the lease of the Lease Parcel terminates; and WHEREAS, the Lease further provides that Verizon shall make annual lease payments to the City at a rate of $21,600 per year for the initial lease term, with the rate increasing by twenty percent at the beginning of each renewal term; and WHEREAS, the Agreement requires Verizon to proceed in accordance with any applicable regulations and other procedural requirements or restrictions, which would include the City Land Use Code and building permit requirements; and WHEREAS, Verizon would also be required to enclose its ground equipment with a chain link fence, and fund the purchase of four additional evergreen trees for installation by the City to help screen the facilities; and WHEREAS, City staff has determined that the proposed installation and use by Verizon of its equipment on the Lease Parcel and use of the Easements on and under the Property are 6.2 Packet Pg. 59 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) - 2 - consistent with and will not conflict or interfere with the City’s and the public’s use of the Property; and WHEREAS, City staff has further determined that the financial benefits to the City of permitting the proposed use are substantial, and the impacts to the City are minimal; and WHEREAS, Section 23-113(b)(1) of the City Code authorizes the City Council to lease any and all interests in real property owned by the City, if the City Council first finds that such lease is in the best interests of the City; and WHEREAS, if the proposed term of the lease exceeds twenty years, the lease must be approved by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby determines that the lease of the Lease Parcel to Verizon Wireless (VAW) LLC, and the grant of Easements in accordance with terms and conditions of the Lease are in the best interests of the City. Section 2. That the Mayor is hereby authorized to enter into the Lease with Verizon Wireless (VAW) LLC for the lease of the Lease Parcel and grant of the Easements, in substantially the form attached as Exhibit “C”, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal description of the Lease Parcel or of the Easements, as long as such changes do not materially increase the size or change the character of the Lease Parcel or the Easements. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 60 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) - 3 - Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 61 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) EXHIBIT A PROPERTY DESCRIPTION A tract of land located in the E ½ of the SW ¼ of Section 10, Township 7 North, Range 69 West of the 6 th P.M., City of Fort Collins, County of Larimer, State of Colorado (City Park Golf Course/Ball Park), Larimer County Assessor’s Parcel No. 9710300922, and Lot 1, Fort Collins Housing Authority Subdivision, Fort Collins, County of Larimer, State of Colorado, Larimer County Assessor’s Parcel No. 9710316901 6.2 Packet Pg. 62 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) EXHIBIT B FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-1 EXHIBIT B 6. Packet Pg. FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-2 6. Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-3 FTC Mulberry 6. Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-4 6. Packet Pg. 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-5 FTC Mulberry 6. Packet Pg. X X X X X X X EP EP EP EP EP EP X X X X X X X FO FO FO FO FO FO FO FO E E E E E 37654 Site Name: FTC Mulberry 096002.377/Lease Agreement B-6 FTC Mulberry 6. Packet Pg. September 28, 2015 FTC Mulberry BUS_RE/5691079.2 LEASE AGREEMENT THIS LEASE AGREEMENT (“Agreement”) dated and effective as of the date last signed below (“Effective Date”), is between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Tenant”), and THE CITY OF FORT COLLINS, a Colorado municipal corporation (“Landlord”). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Landlord owns a parcel of land (“Property”) located in the City of Fort Collins, County of Larimer, State of Colorado, being a portion of City Park. The Property is more particularly described in Exhibit A, attached and incorporated herein by reference. Landlord wishes to lease to Tenant, and Tenant wishes to lease from Landlord, approximately 375 square feet of space on the Property as well as space on Landlord’s existing monopole (“Monopole”) for Tenant’s antennas and related appurtenances, together with the access and utility easements (the “Easements”) necessary or desirable therefore (collectively, “Premises”) as described and shown on Exhibit B, attached and incorporated herein by reference. 2. Term. The lease term will be five (5) years commencing on ____________________, 2015 (“Commencement Date”) and will terminate on _________________________, 2020 unless otherwise terminated as provided herein. Tenant has the right to extend the Term for four (4) successive five (5) year periods (“Renewal Terms”) on the same terms and conditions as set forth herein, except that the Rent for each Renewal Term will increase as described in Paragraph 4 below. This Agreement will renew automatically for each successive Renewal Term unless Tenant notifies the Landlord of its intention not to renew at least one hundred eighty (180) days prior to commencement of the succeeding Renewal Term. Notwithstanding the foregoing, Landlord may notify Tenant of Landlord’s intention to prevent further renewal of this Agreement for the third (3rd) or any subsequent Renewal Term by giving Tenant notice at least one hundred eighty (180) days prior to the end of the second (2nd) or subsequent Renewal Term. 3. Use, Interference. 3.1 Subject to the terms and conditions of this Agreement, Tenant may use the Premises for the construction, installation, maintenance and operation of the “Communication Facilities” as particularly described and depicted on Exhibit B, attached and incorporated herein by reference, including without limitation, the transmission and the reception of wireless communication signals. Tenant’s use of the Property must comply with all applicable laws and regulations including all Federal Communications Commission (“FCC”) requirements. 3.2 Tenant must operate the Communication Facilities in compliance with all FCC requirements including those prohibiting interference with communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Communication Facilities. After the installation of the Communication Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property if Tenant can establish to Landlord’s reasonable satisfaction that such proposed modifications are likely to cause interference with Tenant’s operations. In the event such interference occurs, Landlord will use its best reasonable efforts to eliminate such interference in a reasonable time period. Failure of either party to comply with this paragraph shall be a material breach of this Agreement.; provided, if Tenant causes interference in violation of this Section 3.2, Tenant may power-down the equipment causing such interference and later power up such equipment for intermittent testing. In no event will Landlord be entitled to terminate this Agreement as long as Tenant is making a good faith effort to remedy the interference issue. 3.3 Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain EXHIBIT C 6.2 Packet Pg. 69 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 Government Approvals for Tenant’s Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. Notwithstanding the foregoing, the parties acknowledge and agree that the laws, regulations, policies, and other legal or procedural requirements imposed by Landlord as a governing body with jurisdiction to review and approve or deny certain of the regulatory approvals to be sought or required of Tenant, fully apply to Tenant and will not be altered as a result of Landlord’s agreement to cooperate as the owner of the Premises in Tenant’s efforts to obtain the Governmental Approvals. 4. Rent. 4.1 Tenant will pay to Landlord as rent Twenty One Thousand Six Hundred and 00/100 Dollars ($21,600.00) per year (“Rent”). The first installment of Rent is payable within thirty (30) business days following the Commencement Date, and subsequent Rent installments will be due annually thereafter on the anniversary of the Commencement Date. Rent will increase at the beginning of any applicable Renewal Term by the amount equal to twenty percent (20%) of the Rent for the previous Term or Renewal Term. If this Agreement is terminated for any reason other than a default by Tenant, Landlord will refund pre-paid rent to Tenant on a prorated basis. 4.2 Tenant will make all payments of Rent to the Landlord at such place as the Landlord may, from time to time, designate in writing. For the present, the Landlord designates City of Fort Collins Parks Department, 413 Bryan Ave., Fort Collins, CO 80521; Attention: Dawna Gorkowski, as the place for making Rent payments. All such Rent must be paid in current legal tender of the United States or, in the alternative, by electronic funds transfer if Landlord provides Tenant with bank routing information for such purpose. The Landlord’s agreement to any extensions of time for the payment of any installment of Rent or acceptance of any money other than of the kind herein specified does not waive the Landlord’s right to insist on having all other payments of Rent made in the manner and at the time herein specified. 4.3 Any amount due to the Landlord from the Tenant under this Agreement not paid when due will result in a written default notice delivered to Tenant and, if Tenant fails to make such payment within ten (10) days of its receipt of such notice, the unpaid amount will bear interest at the rate of ten percent (10%) per annum from the due date until paid. Payments of such interest will not excuse or cure any default by the Tenant under this Agreement. In addition, if the Tenant fails to pay any installment of Rent when due and such failure continues for a period of ten (10) days following the date Tenant receives written notice of such default, the Tenant must pay to the Landlord a monthly collection service charge of five percent (5%) of the late payment amount, which is due and payable immediately. 4.4 Within sixty (60) days of Tenant’s written request, Landlord, or any successor to Landlord, hereby agrees to provide to Tenant certain documentation (the “Rental Documentation”) evidencing Landlord’s interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to Tenant in Tenant’s reasonable discretion, evidencing Landlord’s good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to Tenant, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by Tenant in Tenant’s reasonable discretion. From time to time during the Term of this Agreement and within sixty (60) days of a written request from Tenant, Landlord agrees to provide updated Rental Documentation in a form reasonably acceptable to Tenant. The Rental Documentation shall be provided to Tenant in accordance with the provisions of and at the address given in Section 15. Tenant shall have no obligation to make any rental payments until Rental Documentation has been supplied to Tenant as provided herein. 5. Improvements. 5.1 Tenant has the right to construct, maintain, install, repair, secure, replace, remove and operate on the Premises the Communication Facilities. Tenant shall, at its own expense, lease from the City, (i) a fifteen (15) by twenty-five (25) foot site just north of the right field fence of the north City Park ball 6.2 Packet Pg. 70 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 field, to house Tenant's supporting equipment and structures therefor and (ii) space on the Monopole for Tenant’s antennas and related appurtenances. In addition, Tenant shall construct around the Communication Facility a six (6) foot fence with a sloped top that will prevent softballs from entering the enclosure. This fence shall be built to match the existing fenced enclosures located at the same Property. Tenant shall also fund the purchase of four trees (6’ evergreens with City Forester approval) for installation by the City in the spring of 2016; provided, Tenant shall not be responsible for installing or maintaining the trees. The Communication Facilities and Tenant’s other equipment and structures are collectively referred to hereafter as the “Tenant Facilities”. In connection with the Tenant Facilities, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant’s communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. 5.2 Tenant has the right to replace or upgrade Tenant Facilities at any time during the term of this Lease, provided that no such replacement or upgrade shall cause Tenant to interfere with the use of the Property by others in violation of Section 3.2, or materially increase the physical or other occupation of the Property by Tenant, without written modification of this Lease. As used herein, the term “material” shall not include additions to, or replacements, upgrades or alterations of Tenant’s Facilities in whole or in part (a) within the confines of the Premises (specifically including any and all changes to equipment inside the equipment space or like for like swap of antennas and related equipment), or (b) to the extent attached to the Monopole, if the resulting addition, replacement, upgrade or alteration is of substantially the same or lesser size. 5.3 All of Tenant’s construction and installation work must be performed at Tenant’s sole cost and expense, in a good and workmanlike manner, free of all liens or encumbrances, and in compliance with all applicable laws and regulations. Tenant must maintain the Premises and Tenant Facilities in commercially reasonable condition and repair, normal wear and tear and casualty excepted. Tenant is responsible for all damages caused to the Landlord or the Landlord’s property arising from the Tenant’s exercise of the rights herein granted, and must restore all lands, landscaping, turf, fences, irrigation systems or any other improvements to a condition comparable to their condition immediately prior to installation, repair, replacement or removal of Tenant’s Facilities or related equipment, excepting normal wear and tear. 5.4 Title to the Tenant Facilities and any equipment placed on the Premises by Tenant must be held by Tenant or its lenders or assigns and such Tenant Facilities and other Tenant equipment are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant must repair any damage to the Premises caused by such removal. Within sixty (60) days after expiration or earlier termination of this Agreement, Tenant must remove the Tenant Facilities from the Premises and restore the Premises to the same or similar condition as it was in as of the Commencement Date, excepting normal wear and tear. Tenant will not be obligated to remove any foundation more than three (3) feet below grade level. 6. Access and Utilities. 6.1 Landlord will provide Tenant, Tenant’s employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant. Landlord grants to Tenant, and Tenant’s agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, as described in Exhibit B. Except in an emergency requiring immediate access, Tenant will access the Premises only during the hours that City Park is open to the public (5:00 a.m. to 11:00 p.m. as of the Effective Date.) 6.2 Landlord shall maintain any existing public access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord is responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant’s use of such roadways. Should Landlord fail to maintain the roadways as described in this Paragraph, Tenant may repair the same or, in the alternative, terminate this Agreement. 6.2 Packet Pg. 71 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 6.3 Tenant has the right to install utilities, at Tenant’s expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators), provided that any such utilities must be located in and consistent with the Easements granted to Tenant by Landlord as set forth herein. Landlord, as owner of the Property, will use reasonable efforts in cooperation with Tenant in Tenant’s efforts to acquire necessary utility service. Tenant must install separate meters for utilities used on the Premises and pay directly to the utility company the use of power consumption. 6.4 Landlord reserves the right at all reasonable times and with reasonable notice to Tenant of not less than forty-eight (48) hours, and at all times during emergencies, for Landlord or Landlord’s agents to enter the Premises for the purpose of inspecting and examining the same. Unless such access is necessitated by genuine emergency that threatens persons or property, Tenant shall have the right to have a representative present for such inspection. Notwithstanding the foregoing, Landlord shall not have access to Tenant’s equipment shelter, unless deemed necessary by local law enforcement or fire safety personnel in the event of an emergency, and may not climb the Monopole. In the case of emergency, Landlord will notify Tenant of such access as soon as practicable following the inspection and include with such notice the nature of the emergency and inspection. 7. Taxes. Tenant acknowledges that Landlord is a tax-exempt government entity. Tenant must pay personal property taxes assessed against the Tenant Facilities and any real property taxes and all other taxes, fees and assessments attributable to the Premises and assessed as a result of Tenant’s private use of the Landlord’s otherwise tax-exempt Property. If such taxes are a pass-through from Landlord to Tenant, Landlord shall provide reasonable written evidence that such payment is due. 8. Termination. 8.1 This Agreement may be terminated without further liability as follows: (i) upon thirty (30) days written notice by either party of a default of any covenant or term hereof by the other party, which default is not cured within such thirty (30) day period, or such longer period as may be required to diligently complete a cure commenced within that thirty (30) day period; (ii) upon ten (10) days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Agreement within that ten (10) day period, or (iii) by Tenant without further liability for any reason or for no reason, provided Tenant delivers written notice of termination to Landlord. 8.2 This Agreement may also be terminated by Landlord without further liability on thirty (30) days prior written notice if the Tenant (i) is adjudicated bankrupt or insolvent, (ii) files a petition in bankruptcy for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now or in the future amended) or (iii) makes an assignment of its property for the benefit of its creditors. 9. Destruction or Condemnation. 9.1 If the Premises or Tenant Facilities are damaged or destroyed by an act or event beyond Tenant’s reasonable control, Tenant may elect to terminate this Agreement as of the date of the damage or destruction by giving notice to Landlord no more than forty-five (45) days following the date of such damage or destruction, and Tenant will be entitled to reimbursement on a pro rata basis of any Rent prepaid by Tenant. If Tenant chooses not to terminate this Agreement, Landlord will reduce or abate the Rent in proportion to the actual reduction or abatement of use of the Premises until such time as Tenant restores the Tenant Facilities or Premises to the condition existing prior to such damage or destruction, or until 14 calendar days from the date of damage or destruction, whichever comes first. 9.2 If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceedings, which for Tenant may include, where applicable, the value of its Tenant Facilities, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord’s recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis. 6.2 Packet Pg. 72 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 10. Insurance; Subrogation; and Indemnity. 10.1 Tenant at its sole cost and expense, must procure, pay for and keep in full force and effect a policy of Commercial General Liability Insurance covering the Premises and Tenant Facilities in the amount of not less than One Million and No/100 Dollars ($1,000,000.00), per occurrence for bodily injury (including death) and property damage and $1,000,000 general aggregate. Tenant shall also maintain workers’ compensation insurance in conformity with applicable state law. Tenant’s General Liability shall be Primary and Non-Contributory, and the workers compensation coverage shall include a Waiver of Subrogation in favor of the City of Fort Collins, Colorado, its elected officials and employees. 10.2 The commercial general liability insurance carried by the Tenant shall name the Tenant as insured and include the City of Fort Collins, its elected officials and employees as an additional sinsured as their interests may appear. Upon issuance or renewal of any such insurance policy, the Tenant must provide Landlord with a certificate of insurance showing evidence of coverage that includes the City of Fort Collins as an additional insured. Such certificate must include the description of the Premises. Upon receipt of notice from its insurer, Tenant will use its best efforts to provide Landlord with 30 days’ advance written notice of cancellation of any required policy of insurance. 10.3 Any insurance policy purchased by the Tenant must be written by an insurance carrier which has a current rating by Best's Insurance Reports of "A-" (excellent) or better and a financial rating of "VII" or better, or such equivalent classification as may hereinafter be required customarily for properties similarly situated and approved by the Landlord, and the insurance carrier must be authorized by law to do business in the State of Colorado. 10.4 Notwithstanding anything to the contrary contained herein, the Tenant’s obligation to carry insurance as provided herein may be brought within the coverage of a “blanket” policy or policies of insurance carried and maintained by the Tenant 10.5 Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first-party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 10.6 Tenant agrees, to the fullest extent permitted by law, to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Tenant Facilities, or Tenant's breach of any provision of this Agreement, except to the extent caused by the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. Tenant shall require any contractors doing work on the Premises on behalf of Tenant to have in effect during the time of such work a policy or policies of insurance meeting the requirements of this Pargraph 10 and naming the City of Fort Collins, its elected officials and employees as additional insureds. Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waive any claims that each may have against the other with respect to consequential, incidental or special damages. The duties described in this Paragraph 10.6 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 11. Assignment and Subleasing. 11.1 Tenant may assign or otherwise transfer this Agreement, without consent, to any person or entity that is authorized pursuant to and FCC licensed to operate a wireless communications business, and such person or entity is Tenant’s principal, affiliate, subsidiary of its principal or to any entity which acquires all or substantially all of Tenant’s assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization; provided that notice of any such assignment or transfer must be provided to Landlord within sixty (60) days of the same. Tenant may not otherwise assign or sublease this Agreement without written approval of Landlord, which approval shall not be unreasonably delayed, withheld, conditioned or denied. 6.2 Packet Pg. 73 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 11.2 The Landlord has the right to approve all subleases. All subleases must require the subtenant to comply with the terms and conditions of this Lease including, but not limited to, the insurance and indemnification requirements of Paragraph 10 above. Tenant must disclose to Landlord all terms of any such proposed sublease, and Landlord is entitled to deny or condition any such approval, in its reasonable discretion, (i) in the event that Tenant seeks to charge rent or other compensation for sublease in addition to those amounts due to Landlord hereunder; (ii) if Tenant’s proposed sublessee is unacceptable based upon any policy, financial or management consideration of Landlord; or (iii) in the event the circumstances, terms or particulars of the proposed sublease are otherwise reasonably unsatisfactory to Landlord. 12. Title and Quiet Enjoyment. 12.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord’s Property, and (iv) the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 12.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant’s use of the Premises, Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord. 13. Hazardous Material. 13.1 As used herein, the term "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 13.2 As of the Effective Date of this Agreement Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any applicable law or regulation; and (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Property; 13.3 Landlord and Tenant must not introduce or use any Hazardous Material on the Property in violation of any applicable law. 13.4 Tenant will hold harmless and indemnify Landlord from, and assume all duties, responsibilities, and liabilities at Tenant’s sole cost and expense for payment of penalties, sanctions, forfeitures, losses, costs, or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) Tenant’s failure to comply with any environmental or industrial hygiene law at the Property, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property resulting from the 6.2 Packet Pg. 74 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 activities conducted by the Tenant thereon, unless the environmental conditions are caused by the Landlord or other third parties not under the control of Tenant. 13.5 The indemnifications of this Paragraph 13 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 13 will survive the expiration or termination of this Agreement. 13.6 If Tenant becomes aware of any Hazardous Materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord. 14. Waiver of Landlord’s Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant’s and/or Mortgagee’s sole discretion and without Landlord’s consent. 15. Notices. All notices, requests, demands and other communications hereunder must be in writing and are deemed given if sent by certified mail, return receipt requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley road Bedminster, New Jersey 07921 Attention: Network Real Estate If to Landlord: City of Fort Collins Parks Department Attn: Manager of Parks P.O. Box 580 Fort Collins, CO 80522-0580 With a copy to: City of Fort Collins Real Estate Services P.O. Box 580 Fort Collins, CO 80522-0580 Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 16. Miscellaneous. 16.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord will notify Tenant in advance in writing of the payee’s name and address. 16.2 The substantially prevailing party in any legal claim arising hereunder will be entitled to its reasonable legal fees and costs, including attorney’s fees, court costs, and costs for appeals, if any. 6.2 Packet Pg. 75 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 16.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 16.4 Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. 16.5 This Agreement is governed under the laws of the State of Colorado and is binding on and inures to the benefit of the successors and permitted assignees of the respective parties. 16.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. If Tenant records a Memorandum of Agreement, Tenant will promptly provide a copy of the recorded document to Landlord. 16.7 All Exhibits referred herein are incorporated herein for all purposes. 16.8 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. 16.9 All financial obligations of the Landlord for fiscal years subsequent to the year of the Effective Date are contingent upon the appropriation by the Fort Collins City Council, in its sole discretion, of funds sufficient and intended for such purposes. 16.10 Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto, it being agreed that none of the provisions set forth herein nor any acts of the parties herein shall be deemed to create a relationship between the parties hereto other than the relationship of Landlord and Tenant. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. LANDLORD: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: ________________________________________ Wade Troxell, Mayor ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: 6.2 Packet Pg. 76 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 ________________________________ Senior Assistant City Attorney TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: ____________________________________ Name: Rick Goldschmidt Title: Executive Director - Network Date: ___________________________________ 6.2 Packet Pg. 77 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 EXHIBIT A DESCRIPTION OF LAND A tract of land located in the E ½ of the SW ¼ of Section 10, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado (City Park Golf Course/Ball Park), Larimer County Assessor’s Parcel No. 9710300922, and Lot 1, Fort Collins Housing Authority Subdivision, Fort Collins, County of Larimer, State of Colorado, Larimer County Assessor’s Parcel No. 9710316901 6.2 Packet Pg. 78 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 EXHIBIT B DESCRIPTION OF PREMISES A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO 6.2 Packet Pg. 79 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) EXHIBIT B B-1 EXHIBIT B 6. Packet Pg. Site Name: FTC Mulberry 096002.377/Lease Agreement FTC Mulberry Site Name: FTC Mulberry B-2 096002.377/Lease Agreement 6. Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-3 FTC Mulberry 6. Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-4 6. Packet Pg. 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-5 FTC Mulberry 6. Packet Pg. X X X X X X X EP EP EP EP EP EP X X X X X X X FO FO FO FO FO FO FO FO E E E E E 37654 Site Name: FTC Mulberry 096002.377/Lease Agreement B-6 FTC Mulberry 6. Packet Pg. September 28, 2015 FTC Mulberry BUS_RE/5691079.2 EXHIBIT C COMMUNICATIONS FACILITY To the Agreement dated __________________, 2015, by and between is between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Tenant”), and THE CITY OF FORT COLLINS, a Colorado municipal corporation (“Landlord”). RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, Colorado 80202 Attn: Eileen Lynch Re: DEN Mulberry COPY TO: City of Fort Collins Real Estate Services 300 Laporte Ave., Bldg. B P.O. Box 580 Fort Collins, CO 80522 MEMORANDUM OF AGREEMENT APN: 97103-00-922 This MEMORANDUM OF AGREEMENT is entered into on _______________, 2015, by THE CITY OF FORT COLLINS, a Colorado municipal corporation, with an address at 300 Laporte Ave., Fort Collins, CO 80522 (hereinafter referred to as (“Landlord”) and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with an address at 180 Washington Valley Road, Bedminster, New Jersey 07921, Attn: Network Real Estate (hereinafter referred to as (“Tenant”). 1. Landlord and Tenant entered into a Lease Agreement (“Agreement”) dated as of _______________, 2015, effective upon full execution of the parties for the purpose of Tenant undertaking certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Tenant’s tenancy under the Agreement is for five (5) years commencing __________________, 2015 (“Term Commencement Date”), and terminating on the Term Commencement Date with four (4) successive five (5) year options to renew. 3. The property that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the “Premises”) are set forth in the Agreement. 6.2 Packet Pg. 86 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: _________________________________ Wade Troxell, Mayor Date: _______________________________ STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) I certify that I know or have satisfactory evidence that Wade Troxell is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 6.2 Packet Pg. 87 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: ______________________________________ Rick Goldschmidt Title: Executive Director - Network Date: ____________________ STATE OF _________________________ ) ) ss COUNTY OF _______________________ ) I certify that I know or have satisfactory evidence that Rick Goldschmidt is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director - Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 6.2 Packet Pg. 88 Attachment: Ordinance No. 127, 2015 (3670 : SR 127 City Park Cell Tower) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Matt Robenalt, Executive Director Jennifer Hensley, Finance Coordinator SUBJECT First Reading of Ordinance No. 128, 2015, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2016 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2016. EXECUTIVE SUMMARY The purpose of this item is to set the Downtown Development Authority (“DDA”) Budget. The following amounts will be appropriated: DDA Public/Private Investments & Programs $ 725,394 DDA Operations & Maintenance $ 791,717 Revolving Line of Credit Draws $ 2,100,000 DDA Debt Service Fund $ 4,521,012 The Ordinance sets the 2016 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority’s financial plan for 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The DDA was created in 1981 with the purpose, according to Colorado state statue, of planning and implementing projects and programs within the boundaries of the DDA. By state statue the purpose of the ad valorem tax levied on all real and personal property in the downtown development district, not to exceed five (5) mills, shall be for the budgeted operations of the authority. The DDA and the City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. In order to carry out the purposes of the State statue and the Plan of Development the City, on behalf of the DDA, has issued various tax increment bonds, which require debt servicing. CITY FINANCIAL IMPACTS The DDA is requesting approval of the DDA Public/Private Investments and Programs budget for fiscal year 2016 in the amount of $725,394 and DDA Operations and Maintenance budget for fiscal year 2016 in the amount of $791,717. It is requesting appropriation of up to $2,100,000 for the 2016 Line of Credit draws. It is also requesting approval of the DDA debt payment commitments in the amount of $4,521,012 for 2016 obligations. 7 Packet Pg. 89 Agenda Item 7 Item # 7 Page 2 Uses: Alley Operations $ 95,143 Warehouse Operations 137,430 Façade Grant Program 105,669 Old Town Square Operations 295,731 Other Public/Private Investments & Programs 91,421 Total $ 725,394 The 2016 Operations and Maintenance budget is projected as follows: Uses: Personnel Services $ 468,110 Contractual Professional Services 276,855 Purchased Supplies and Commodities 27,397 Other 19,355 Total $ 791,717 The 2016 Line of Credit draws, whose debt service payment will be made from the debt service fund, is projected to fund up to $2,100,000. Uses: Museum of Discovery – 2016 Payment $ 500,000 Multi-Year Reimbursement Payments 302,352 Whitewater Park Commitment 27,300 Capital Asset Maintenance Obligations 131,000 Future Public/Private Investments & Programs 1,139,348 Total $2,100,000 The DDA debt service fund is projected to have sufficient revenue to meet the required debt service payments for 2016. Uses: Debt Payment: 2016 $4,521,012 BOARD / COMMISSION RECOMMENDATION At its October 8, 2015 meeting, the Downtown Development Authority Board of Directors adopted its proposed budget for 2016 totaling $8,138,123 and determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA. ATTACHMENTS 1. DDA Boundary map (PDF) 2. DDA Resolution 2015-06, Determining and Fixing the Mill Levy (PDF) 3. DDA Resolution 2015-07, Determining and Recommending the 2016 Budget (PDF) 4. DDA Resolution 2015-08 Appropriation of the 2016 Line of Credit Draw Service (PDF) 5. DDA Resolution 2015-09, Appropriation for Debt Service (PDF) 6. DDA Resolution 2015-10, Appropriation of amounts required to pay Public/Private Investments and Programs (PDF) 7 Packet Pg. 90 Cache La Poudre River ³I ÕZYXW E Vine Dr Riverside Ave N College Ave E Lincoln Ave S Lemay Ave Remington St S College Ave 9th St S Mason St S Howes St E Mulberry St W Laurel St Laporte Ave W Mulberry St N Lemay Ave W Mountain Ave Jefferson St N Mason St N Howes St E Mountain Ave N L e may A v e Smith St E Elizabeth St Mathews St Locust St Peterson St E Myrtle St Stover St Whedbee St Linden St 12th St Maple St Cherry St Conifer St E Plum St W Oak St E Olive St W Olive St W Myrtle St Willow St Buckingham St E Oak St S Meldrum St Hemlock St 1st St Redwood St 3rd St S Whitcomb St 2nd St N Sherwood St W Magnolia St ATTACHMENT 2 7.2 Packet Pg. 92 Attachment: DDA Resolution 2015-06, Determining and Fixing the Mill Levy (3657 : DDA Budget) ATTACHMENT 3 7.3 Packet Pg. 93 Attachment: DDA Resolution 2015-07, Determining and Recommending the 2016 Budget (3657 : DDA Budget) ATTACHMENT 4 7.4 Packet Pg. 94 Attachment: DDA Resolution 2015-08 Appropriation of the 2016 Line of Credit Draw Service (3657 : DDA Budget) ATTACHMENT 5 7.5 Packet Pg. 95 Attachment: DDA Resolution 2015-09, Appropriation for Debt Service (3657 : DDA Budget) ATTACHMENT 6 7.6 Packet Pg. 96 Attachment: DDA Resolution 2015-10, Appropriation of amounts required to pay Public/Private Investments and Programs (3657 : DDA Budget) - 1 - ORDINANCE NO. 128, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIATION ORDINANCE FOR THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2016 AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2016 WHEREAS, the Fort Collins Downtown Development Authority (the “DDA”) has been duly organized in accordance with the C.R.S. Section 31-25-804; and WHEREAS, on October 8, 2015, the DDA Board of Directors (the “DDA Board”), acting under the provisions of C.R.S. Section 31-25-816, adopted a budget for the fiscal year beginning January 1, 2016, and determined the mill levy necessary to provide for payment during fiscal year 2016 of properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, it is the desire of the Council to appropriate the sum of EIGHT MILLION ONE HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED TWENTY-THREE DOLLARS ($8,138,123) from the DDA Operation and Maintenance Fund and the DDA Debt Service Fund for the fiscal year beginning January 1, 2016 and ending December 31, 2016, to be used as follows: DDA Public/Private Investments & Programs (O&M Fund) $ 725,394 DDA Operations & Maintenance (O&M Fund) 791,717 2016 Revolving Line of Credit Draws 2,100,000 DDA Debt Service Fund 4,521,012 Total $8,138,123 WHEREAS, the DDA Board has recommended to the Council that pursuant to C.R.S. Section 31-25-817 the Council set a mill levy of five (5) mills upon each dollar of assessed valuation on all taxable property within the DDA District, such levy representing the amount of taxes necessary to provide for payment during the ensuing fiscal year for all properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, C.R.S. Section 39-5-128(1) requires certification of any tax levy to the Larimer County Board of County Commissioners no later than December 15, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That there is hereby appropriated for fiscal year 2016 for expenditure from DDA Operation and Maintenance Fund for the Downtown Development Authority Public/Private Investments and Programs the sum of SEVEN HUNDRED TWENTY-FIVE THOUSAND THREE HUNDRED NINETY-FOUR DOLLARS ($725,394), to be expended for the authorized purposes of the DDA. That there is also hereby appropriated for fiscal year 2016 for expenditure from the DDA Operation and Maintenance Fund for the Downtown Packet Pg. 97 - 2 - Development Authority Operations and Maintenance the sum of SEVEN HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED SEVENTEEN DOLLARS ($791,717), to be expended for the authorized purposes of the DDA. Section 2. That there is hereby appropriated for fiscal year 2016 for expenditure from the Downtown Development Authority 2016 Line of Credit draws the sum of up to TWO MILLION ONE HUNDRED THOUSAND DOLLARS ($2,100,000), to be used to finance DDA projects or programs in accordance with the DDA Plan of Development including the 2016 Museum of Discovery payment, multi-year reimbursement payments, Whitewater Park commitment, and capital asset maintenance obligations. Section 3. That there is hereby appropriated for fiscal year 2016 for expenditure from the Downtown Development Authority Debt Service Fund the sum of FOUR MILLION FIVE HUNDRED TWENTY ONE THOUSAND TWELVE DOLLARS ($4,521,012), for payment of debt service on previously issued and outstanding bonds, to pay the City’s investment service charge, for payment on the 2016 Line of Credit draws, and to be used to cover the DDA’s one- third share of payment on the Civic Center Parking Structure. Section 4. That the DDA’s 2016 mill levy rate for the taxation upon each dollar of the assessed valuation of all taxable property within the DDA District as of December 31, 2015 shall be five (5) mills, which levy represents the amount of taxes necessary to provide for payment during fiscal year 2016 of all properly authorized expenditures to be incurred by the DDA. Said mill levy shall be certified to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, by the City Clerk as provided by law. Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 98 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Matt Robenalt, Executive Director Jennifer Hensley, Finance Coordinator SUBJECT First Reading of Ordinance No. 129, 2015, Appropriating Prior Year Reserves in the Downtown Development Authority Fund for Expenditure on Projects and Programs in Fiscal Year 2015 in Accordance with the Downtown Plan of Development. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated revenue from interest earnings in the amount of $13,508 and from project savings in the amount of $63,836 for a total appropriation of $77,344. The Downtown Development Authority (“DDA”) Board has authorized the expenditure of these funds for various DDA projects and programs in fiscal year 2015. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The DDA was created in 1981 with the purpose, according to State statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. In order to carry out the purposes of the State statute and the Plan of Development, the City, on behalf of the DDA, has issued various notes and tax increment bonds. The first issuance of tax increment bonds occurred in 1984 with subsequent issues through 2012. Over the past year, proceeds from DDA TIF revenues that have been appropriated but not spent have accumulated interest earnings. These funds, as well as the project savings, need to be appropriated by City Council for expenditure in fiscal year 2015. The amount of interest earnings to be appropriated at this time is $13,508 and project savings is $63,836. The subject funds of this appropriation have been directed by the DDA Board for the following purposes: 1. Old Town Square Maintenance: The DDA utilizes the City Parks Department for plaza maintenance through an IGA covering fountain upkeep, pressure washing, trash removal, and spring planting among other routine maintenance items. Funding for the Square’s maintenance is a three-way partnership between the DDA, City, and Progressive Old Town Square - the entity owning a majority of the buildings touching the public plaza. 2. Holiday Lights - 2015/2016 Season: The holiday lights program is a successful partnership between the City, DDA, and DBA which features a larger, enhanced display that has been in place since the 2012/2013 season due to this collaborative effort. 8 Packet Pg. 99 Agenda Item 8 Item # 8 Page 2 All of the projects and programs listed for funding through this appropriation have been approved by the DDA Board of Directors. All approvals by the DDA Board are made contingent upon City Council appropriation of these funds to fulfill the DDA’s commitment to the projects and programs. CITY FINANCIAL IMPACTS The DDA Board has authorized expenditure on the following projects and programs in fiscal year 2015 which will be funded with this appropriation: 1. Old Town Square Maintenance $42,344 2. Holiday Lights - 2015/2016 Season 35,000 $77,344 BOARD / COMMISSION RECOMMENDATION At its April 9 and August 13, 2015 meetings, the Downtown Development Authority Board of Directors approved the appropriation of funds as stated above. ATTACHMENTS 1. DDA Boundary map (PDF) 2. DDA minutes, April 9, 2015 (PDF) 3. DDA minutes, August 13, 2015 (PDF) 4. DDA Resolution 2015-03 (PDF) 8 Packet Pg. 100 Cache La Poudre River ³I ÕZYXW E Vine Dr Riverside Ave N College Ave E Lincoln Ave S Lemay Ave Remington St S College Ave 9th St S Mason St S Howes St E Mulberry St W Laurel St Laporte Ave W Mulberry St N Lemay Ave W Mountain Ave Jefferson St N Mason St N Howes St E Mountain Ave N L e may A v e Smith St E Elizabeth St Mathews St Locust St Peterson St E Myrtle St Stover St Whedbee St Linden St 12th St Maple St Cherry St Conifer St E Plum St W Oak St E Olive St W Olive St W Myrtle St Willow St Buckingham St E Oak St S Meldrum St Hemlock St 1st St Redwood St 3rd St S Whitcomb St 2nd St N Sherwood St W Magnolia St ATTACHMENT 2 8.2 Packet Pg. 102 Attachment: DDA minutes, April 9, 2015 (3655 : DDA Appropriation) 8.2 Packet Pg. 103 Attachment: DDA minutes, April 9, 2015 (3655 : DDA Appropriation) ATTACHMENT 3 8.3 Packet Pg. 104 Attachment: DDA minutes, August 13, 2015 (3655 : DDA Appropriation) 8.3 Packet Pg. 105 Attachment: DDA minutes, August 13, 2015 (3655 : DDA Appropriation) ATTACHMENT 4 8.4 Packet Pg. 106 Attachment: DDA Resolution 2015-03 (3655 : DDA Appropriation) 8.4 Packet Pg. 107 Attachment: DDA Resolution 2015-03 (3655 : DDA Appropriation) - 1 - ORDINANCE NO. 129, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE DOWNTOWN DEVELOPMENT AUTHORITY FUND FOR EXPENDITURE ON PROJECTS AND PROGRAMS IN FISCAL YEAR 2015 IN ACCORDANCE WITH THE DOWNTOWN PLAN OF DEVELOPMENT WHEREAS, on April 21, 1981, the City adopted Ordinance No. 046, 1981, establishing the Fort Collins, Colorado Downtown Development Authority (the “DDA”); and WHEREAS, the DDA’s Plan of Development was approved by the City Council on September 8, 1981, and established the purpose of the DDA and the types of projects and programs in which the DDA would participate; and WHEREAS, bond proceeds received from City bonds issued on behalf of the DDA in 2008 and 2010 have accrued interest earnings in the amount of $13,508; and WHEREAS, DDA staff has also identified project savings of $63,836 from bond proceeds currently in reserves; and WHEREAS, on April 9, 2015, and August 13, 2015, the DDA’s Board of Directors voted to recommend to the City Council the appropriation of the above-referenced funds for expenditure on DDA projects and programs as hereinafter provided in fiscal year 2015; and WHEREAS, said projects and programs are authorized in the Downtown Plan of Development and are projects and programs that can be funded with these bond proceeds and with this interest that has accrued from bond proceeds; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the anticipated revenue as described herein will not cause the total amount appropriated in the DDA Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during fiscal year 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from reserves in the DDA Fund the sum of SEVENTY SEVEN THOUSAND THREE HUNDRED FORTY-FOUR DOLLARS ($77,344) to be used in fiscal year 2015 for the DDA projects and programs stated below: Packet Pg. 108 - 2 - Old Town Square Maintenance $42,344 Holiday Lights – 2015/2016 Season 35,000 Total Projects/Programs $77,344 Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 109 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Karl Gannon, Financial Analyst SUBJECT First Reading of Ordinance No. 130, 2015, Appropriating Prior Year Reserves in the Transit Services Fund and Prior Year Reserves in the Transportation Fund and Authorizing the Transfer of Appropriations into the Capital Projects Fund and Appropriating Therein for the Mason Corridor Project for the Purchase of Two Rapid Transit Buses. EXECUTIVE SUMMARY The purpose of this item is to request appropriations and transfers in the amount of $1,473,887 to help pay for two recently-delivered Bus Rapid Transit (BRT) 60-foot Compressed Natural Gas (CNG) buses for MAX. The total cost for the two buses is $1,734,598 and the balance will be paid from an existing Capital Projects Fund appropriation of $260,711. The requested funding sources and amounts are as follows: Transportation Fund Reserves in the amount of $741,288; and Transit Fund Reserves in the amount of $732,599. The appropriated amounts would then be transferred to the Capital Projects Fund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Two additional MAX buses were purchased in September 2014 to meet immediate and future service demand. Available federal and local funds within the existing MAX Capital Project appropriation were utilized to issue the Purchase Order. Following the purchase of the two buses the Federal Transit Administration retracted its approval to utilize federal funds for this purchase. Transfort is now needs to appropriate MAX Local Project Funds, Transit and Transportation Reserve funds to pay the bus manufacturer for the two BRT buses delivered in August 2015. The original MAX operating plan and fleet management plan identified a need for five buses in peak service to provide a 10 minute frequency and one bus as a spare (total of six) for training, scheduled and unscheduled maintenance. After the MAX Guideway was constructed it became clear that the originally-projected travel time of 20 minutes could not be met utilizing five buses in peak service as originally planned. In practice, bus operators were taking as long as 30 minutes to travel the Guideway. There were various reasons for the longer travel times, but the primary issue was slower travel times through major intersections than had been anticipated. Consequently, two additional buses were added to the operations (the one dedicated MAX spare bus and one non-Bus Rapid Transit Bus) in order to meet the frequency of service required by the Project Construction Grant Agreement (PCGA). The PCGA is the official contract between the City and the FTA for the MAX project. The PCGA set forth the scope of the undertaking of the project as well as the budgeted funding amounts across a number of expense classification codes. When all six specially designed BRT buses were put into service, plus one additional non-BRT bus, there were no spare vehicles designed for BRT operations. Transfort staff informed Federal Transit Administration (FTA) of this issue and made an eligibility request to purchase two additional BRT buses with remaining federal MAX project funds to provide an adequate spare ratio. On September 5, 2014, the FTA sent a letter of concurrence 9 Packet Pg. 110 Agenda Item 9 Item # 9 Page 2 to the City, allowing for the purchase of up to three more buses. After receiving the letter of concurrence from FTA the City entered into an agreement with NABI (bus manufacturer) to purchase two additional BRT buses within two weeks of receipt of the FTA letter. Shortly after the purchase of the two additional BRT buses, FTA contacted Transfort to express concern that the City may not be eligible for additional bus funding. This questioning was unexpected as staff thought this funding arrangement was very clear in the Financial Management Plan, as well as the justification used by FTA themselves to allow the purchase of the two additional buses. FTA informed staff that its concern stemmed from the fact that the PCGA’s budget referenced the six bus requirement as being funded at an 80% level with federal funds and not at the 50% level as stated in the Financial Management Plan. At the time, it was presupposed that a routine PCGA budget revision of the federal allocation would amend the oversight. In April 2015 the FTA notified Transfort that the two additional BRT buses purchased would not be eligible for federal funds within the MAX project due to the above referenced reasoning, and that FTA needed to retain 80% interest in all six of the original buses purchased for MAX. FTA could not authorize a revision to the PCGA without authorization from Congress. FTA staff does not recommend asking Congress for a revision such as this. Therefore, staff is requesting a new appropriation of non-Federal funds to purchase the BRT buses as the buses are essential for MAX operations. CHRONOLOGY OF EVENTS 11/2008 – Submittal of Fleet Management Plan to the FTA – Bus Requirements Projected December 2010–Submittal of Finance Management Plan to the FTA – Contained Details of the City’s Local Match for MAX Project – Reference to 3 of 6 Buses Being Funded via State Grants September 2012–The FTA Approved Full Funding for the MAX Project via the Project Construction Grant Agreement – Federal Match for 6 Buses at 80% not 50% May 2014-MAX Service Begins Staff Projection – 5 Buses Required for Peak Service Actual – 7 Buses Required for Peak Service September 2014–FTA Concurrence Received to Purchase 3 Additional Buses September 2014–2 Buses Ordered from Manufacturer November 2014–FTA Voiced Concerns over Eligibility of State-Funded Buses in Project April 2015–Notified by FTA that Additional 2 Bus Order was not Eligible for Federal Funding July 2015–Notified by FTA that State-Funded Buses Required 80% Federal Interest August 2015–Asked CDOT to Subordinate their 80% Interest in 3 Buses for 20% Interest in 6 Buses (Pending) August 2015–Buses Received from Manufacturer - Payment Due Within 30 Days after Acceptance CITY FINANCIAL IMPACTS The cost of the two BRT buses will be allocated among two separate City Funds and the MAX project. Funding Summary: $ 732,599 Fund 290 - Transit Fund Reserves 741,288 Fund 292 - Transportation Fund Reserves $1,473,887 260,711 Existing appropriation $1,734,598 Total cost of the 2 BRT buses The two buses will be owned by the City and will have a minimum service life of 12 years. 9 Packet Pg. 111 - 1 - ORDINANCE NO. 130, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSIT SERVICES FUND AND PRIOR YEAR RESERVES IN THE TRANSPORTATION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS INTO THE CAPITAL PROJECTS FUND AND APPROPRIATING THEREIN FOR THE MASON CORRIDOR PROJECT FOR THE PURCHASE OF TWO RAPID TRANSIT BUSES WHEREAS, the MAX transit system project (MAX) is a five-mile, north-south byway extending from Cherry Street to just south of Harmony Road; and WHEREAS, MAX includes seven park-n-ride lots, eight stations with pedestrian and bicycle access, eight curb-side stops, and two transit centers; and WHEREAS, six buses were acquired to provide the MAX services; and WHEREAS, the six buses are all utilized for service leaving no spare vehicles and City staff has determined that two additional buses are needed to provide an adequate spare ratio; and WHEREAS, the total cost of the two buses is $1,734,598 of which $732,599 will be funded by prior year reserves in the Transit Services Fund and authorized for transfer into the Capital Projects Fund and appropriated therein for the Mason Corridor Project and $741,288 will be funded by prior year reserves in the Transportation Fund and authorized for transfer into the Capital Projects Fund and appropriated therein for the Mason Corridor Project; and WHEREAS, the appropriation from the Transportation Fund is in accordance with the provisions of Fort Collins City Code Section 8-57; and WHEREAS, existing appropriations of $260,711 in the Capital Projects Fund, Mason Corridor Project will complete the funding; 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, 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 or capital project account to another fund or capital project account, 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: Packet Pg. 112 - 2 - Section 1. The foregoing recitals are adopted by reference as findings of fact as if expressly set forth herein. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Transit Services Fund the sum of SEVEN HUNDRED THIRTY TWO THOUSAND FIVE HUNDRED NINTY-NINE DOLLARS ($732,599) and authorized for transfer to the Capital Projects Fund and appropriated therein for the Mason Corridor Project for the additional buses. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Fund the sum of SEVEN HUNDRED FORTY ONE THOUSAND TWO HUNDRED EIGHTY-EIGHT DOLLARS ($741,288) and authorized for transfer to the Capital Projects Fund pursuant to City Code Section 8-57(c), and appropriated therein for the Mason Corridor Project for the additional buses. It is the City Council’s intent that these appropriated funds be used for additional buses as described in this Ordinance notwithstanding any provisions to the contrary in City Code Chapter 8. Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 113 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 131, 2015, Amending Section 25-75(a) of the Code of the City of Fort Collins to Extend the Expiration Date of the City's 0.25% Street Maintenance Sales and Use Tax as Approved by the Voters at the City's April 7, 2015, Regular Election and to Correct an Error in the Expiration Date of the City's 0.85% Sales and Use Tax Increase Approved by the Voters at the City's November 2, 2010, Special Election. EXECUTIVE SUMMARY The purpose of this item is to amend Section 25-75(a) of the City Code to reflect the appropriate tax expirations dates as approved by the electors. The expiration date of the street maintenance tax needs to reflect the extension to December 31, 2025. The expiration date for the Keep Fort Collins Great (KFCG) tax increase of .85% needs to be corrected to December 30, 2020. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Street Maintenance Tax Expiration Date In April 2015, the electors of the City approved the extension of the .25% street maintenance tax from December 31, 2015, to December 31, 2025. Section 25-75(a) of the Fort Collins City Code needs to be amended to reflect the approved change. Keep Fort Collins Great (KFCG) Expiration Date In November 2010, the electors of the City approved a tax increase of .85% with an expiration date of December 31, 2020. When codified in Section 25-75(a), the expiration date was inadvertently listed as December 31, 2021. Section 25-75(a) of the Fort Collins City Code needs to be amended to reflect the expiration date of December 31, 2020. BOARD / COMMISSION RECOMMENDATION The proposal to amend City Code was presented to the Council Finance Committee (CFC) on September 21, 2015. CFC supported the proposed changes. ATTACHMENTS 1. Council Finance Committee minutes, September 21, 2015 (PDF) 10 Packet Pg. 114 4 interestinallsixoftheoriginalbusespurchasedforMAX.FTAcouldnotauthorizearevisiontothePCGA withoutauthorizationfromCongress.FTAstaffdoesnotrecommendaskingCongressforarevisionsuchasthis. DarinalsospokeaboutFTAandtheirpastperformance;theyhavebeenagreatpartnerandhavegonethrough somemajorleadershipchangesthroughthecontextofthisproject.Assuch,therewillbedifferent administratorswithdifferentopinions,etc. Therefore,staffisrequestinganappropriationoffundstopurchasetheBRTbuses,asthebusesareessentialfor MAXoperations. Afterdiscussion,itwasdeterminedthatthebusesdoneedtobepaidforandstaffwasdirectedtobringforward theappropriation. SALESTAXCODECHANGES StaffbroughtforwardtheconsiderationofpotentialcodechangestoChapter25oftheMunicipalCodeto correcttheexpirationdate(December31,2021toDecember31,2020)ofthe.85%KeepFortCollinsTax(KFCG), toupdatetheexpirationdateforthestreetmaintenancetax,andtoamendthedue date for the manufacturing equipmentusetaxrebateapplication. ThestreetmaintenancetaxwasextendedthroughDecember31,2025,byvoterapproval. Thecurrentdeadlineforthemanufacturingequipmentusetaxrebate(MUTR)islistedasDecember31.Itis beingrecommendedthisdatebechangedtoJune30.Thecurrentprocessisthemanufacturerpaysusetaxin 2015,appliesfortherebatebyDecember31,2016,andreceivestherebatein2017.Theproposedprocesswill bethatthemanufacturerpaysusetaxin2015,appliesfortherebatebyJune30,2016,andreceivestherebate byDecember31,2016;manufacturer’swouldreceiverebatesinatimeliermanner;timeframebetweenreceipt oftherevenuebytheCityandthepaymentofrebatewouldbereduced. CFCrecommendedsendingallthemanufacturerslettersstatingthenewchange. OTHERBUSINESS GerrywillbeoutoftownonNovember16,2015.StaffwilllookatanalternativedatefortheNovember meeting. Gerryalsorequestedthatstafflookatpropertytax;lookatchangingthemilllevy,andsomeotheralternatives. Therewasdiscussionaboutresidentialvs.commercialtax.JohnD.statedthattherearesomeuniformity constitutionalrequirementsinrelationtotaxes.Thiswouldhavetobelookedattomakesurethatwhateveris beingproposeddoesnotviolatethat.Gerryrequestedthatstafflookintothisanddecideifwecanmove forward.Wadealsoaskedwhataffectdoesanacquisitionofprivatesectorpropertiestothestatehaveonthe City?MikestatedthatstaffwillresearchthisitemandreportbacktoCFCatalaterdate. MeetingAdjournedat11:22a.m. SALES TAX CODE CHANGES ATTACHMENT 1 10.1 Packet Pg. 115 Attachment: Council Finance Committee minutes, September 21, 2015 (3628 : Expiration Date-KFCG and Street Maintenance) COUNCIL FINANCE COMMITTEE September 21, 2015 - 1 - ORDINANCE NO. 131, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 25-75(a) OF THE CODE OF THE CITY OF FORT COLLINS TO EXTEND THE EXPIRATION DATE OF THE CITY’S 0.25% STREET MAINTENANCE SALES AND USE TAX AS APPROVED BY THE VOTERS AT THE CITY’S APRIL 7, 2015, REGULAR ELECTION AND TO CORRECT AN ERROR IN THE EXPIRATION DATE OF THE CITY’S 0.85% SALES AND USE TAX INCREASE APPROVED BY THE VOTERS AT THE CITY’S NOVEMBER 2, 2010, SPECIAL ELECTION WHEREAS, the City of Fort Collins has enacted comprehensive retail sales and use tax provisions that are codified in Chapter 25, Article III of the Fort Collins Municipal Code; and WHEREAS, the rate for this tax, as amended from time to time, is set in City Code Section 25-75(a); and WHEREAS, on February 3, 2015, the City Council adopted Resolution 2015-020 to refer to the City’s voters at the City’s April 7, 2015, regular election, a ballot measure to extend the expiration date of the City’s existing 0.25% sales and use tax used for the maintenance of City streets (the “Street Maintenance Tax”) from December 31, 2015, to December 31, 2025, which ballot measure the City’s voters approved; and WHEREAS, this Ordinance amends Code Section 25-75(a) to change and extend the expiration date of the Street Maintenance Tax from December 31, 2015, to December 31, 2025, as approved by the City’s voters on April 7, 2015; and WHEREAS, on August 17, 2010, the City Council adopted Resolution 2010-058 to refer to the City’s voters at the City’s November 2, 2010, special election, a ballot measure to increase the rate of the City’s then existing sales and use tax from 3.00% to 3.85%, which measure was known as the “Keep Fort Collins Great” tax increase, with such increase to commence on January 1, 2011, and expire at midnight on December 31, 2020, (the “Ballot Measure”) and the voters approved the Ballot Measure; and WHEREAS, on December 21, 2010, the City Council adopted Ordinance No. 126, 2010 to amend Code Section 25-75(a) to increase the rate of the City’s sales and use tax by 0.85% as authorized by the Ballot Measure (the “Tax Increase”), but Ordinance No. 126, 2010 incorrectly set December 31, 2021, as the expiration date for the Tax Increase instead of December 31, 2020; WHEREAS, this Ordinance amends Code Section 25-75(a) to so change the expiration date of the Tax Increase from December 31, 2021, to December 31, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 25-75(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 116 - 2 - Sec. 25-75. Rate of tax. (a) The amount of tax hereby levied is three and eight-five hundredths (3.85) percent of the purchase price of tangible personal property or taxable services except that the amount of use tax levied on manufacturing equipment is three (3) percent of the purchase price. Twenty-five one-hundredths (0.25) percent of such amount is a tax which shall expire at midnight on December 31, 2030, the proceeds of which shall be used for the purposes of acquiring, operating and maintaining open spaces, community separators, natural areas, wildlife habitat, riparian areas, wetlands and valued agricultural lands, and to provide for the appropriate use and enjoyment of these areas by the citizenry, pursuant to the provisions of the Citizen-Initiated Ordinance No. 1, 2002. Another twenty-five one-hundredths (0.25) percent is a tax which shall expire at midnight on December 31, 20152025, the proceeds of which shall be used for the purpose of paying the costs of planning, design, right-of-way acquisition, incidental upgrades and other costs associated with the repair and renovation of City streets, including, but not limited to, curbs, gutters, bridges, sidewalks, parkways, shoulders and medians. Another twenty-five one- hundredths (0.25) percent is a tax which shall expire at midnight on December 31, 2015, the proceeds of which shall be used for the purpose of paying the costs of planning, design, right-of-way acquisition, construction and at least seven (7) years of operation and maintenance of certain capital projects specified in the "Building on Basics" capital project program, subject to the terms and conditions of Ordinance No. 92, 2005. Another eighty-five one-hundredths (0.85) percent is a tax which shall expire at midnight on December 31, 20212020, the proceeds of which shall be used in accordance with the terms and conditions of Ordinance No. 126, 2010. . . . Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 117 - 3 - Passed and adopted on final reading on this 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 118 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor SUBJECT First Reading of Ordinance No. 132, 2015, Amending Section 25-65 of the Code of the City of Fort Collins to Change the Application Filing Deadline for the City's Manufacturing Equipment Use Tax Rebate Program. EXECUTIVE SUMMARY The purpose of this item is to amend City Code Section 25-65 to change the deadline for filing with the City an application for the manufacturing equipment use tax rebate (MUTR) from December 31st to June 30th. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In March 2007, the City of Fort Collins adopted a Manufacturing Equipment Use Tax Rebate (MUTR) program allowing manufacturers to apply for a rebate of use tax paid on qualifying equipment. Manufacturers apply for this rebate the year subsequent to when the use tax was paid. Per City Code, the deadline for filing for the rebate is currently December 31st. This due date results in rebates being processed up to 2 years after the use tax was paid by the manufacturer. It also results in a lag between posting the use tax received by the City and the payment of the rebate out of the General Fund. An earlier filing deadline is advantageous to the manufacturers because they receive their rebate in a timelier manner. Manufacturers have commented they would like to get the rebate sooner. The data is already compiled each month when the return is filed so they can easily compile the data and file the application by June 30th. Current process: Manufacturer pays use tax in 2015 Manufacturer applies for the rebate between August 1 and December 31 Manufacturer receives rebate payment in 2017 Proposed process: Manufacturer pays use tax in 2015 Manufacturer applies for the rebate by June 30 Manufacturer receives rebate payment in 2016 This change requires an amendment to Section 25-65 of the Fort Collins City Code. 11 Packet Pg. 119 Agenda Item 11 Item # 11 Page 2 BOARD / COMMISSION RECOMMENDATION This proposal to amend the City Code was presented to the Council Finance Committee (CFC) on September 21, 2015. CFC supported the proposed change. PUBLIC OUTREACH An email was sent out to the vendors who currently apply for the rebate to provide notification of the proposed change in the filing deadline for the MUTR program. No concerns were noted. ATTACHMENTS 1. Council Finance Committee minutes, September 21, 2015 (PDF) 11 Packet Pg. 120 4 interestinallsixoftheoriginalbusespurchasedforMAX.FTAcouldnotauthorizearevisiontothePCGA withoutauthorizationfromCongress.FTAstaffdoesnotrecommendaskingCongressforarevisionsuchasthis. DarinalsospokeaboutFTAandtheirpastperformance;theyhavebeenagreatpartnerandhavegonethrough somemajorleadershipchangesthroughthecontextofthisproject.Assuch,therewillbedifferent administratorswithdifferentopinions,etc. Therefore,staffisrequestinganappropriationoffundstopurchasetheBRTbuses,asthebusesareessentialfor MAXoperations. Afterdiscussion,itwasdeterminedthatthebusesdoneedtobepaidforandstaffwasdirectedtobringforward theappropriation. SALESTAXCODECHANGES StaffbroughtforwardtheconsiderationofpotentialcodechangestoChapter25oftheMunicipalCodeto correcttheexpirationdate(December31,2021toDecember31,2020)ofthe.85%KeepFortCollinsTax(KFCG), toupdatetheexpirationdateforthestreetmaintenancetax,andtoamendthedue date for the manufacturing equipmentusetaxrebateapplication. ThestreetmaintenancetaxwasextendedthroughDecember31,2025,byvoterapproval. Thecurrentdeadlineforthemanufacturingequipmentusetaxrebate(MUTR)islistedasDecember31.Itis beingrecommendedthisdatebechangedtoJune30.Thecurrentprocessisthemanufacturerpaysusetaxin 2015,appliesfortherebatebyDecember31,2016,andreceivestherebatein2017.Theproposedprocesswill bethatthemanufacturerpaysusetaxin2015,appliesfortherebatebyJune30,2016,andreceivestherebate byDecember31,2016;manufacturer’swouldreceiverebatesinatimeliermanner;timeframebetweenreceipt oftherevenuebytheCityandthepaymentofrebatewouldbereduced. CFCrecommendedsendingallthemanufacturerslettersstatingthenewchange. OTHERBUSINESS GerrywillbeoutoftownonNovember16,2015.StaffwilllookatanalternativedatefortheNovember meeting. Gerryalsorequestedthatstafflookatpropertytax;lookatchangingthemilllevy,andsomeotheralternatives. Therewasdiscussionaboutresidentialvs.commercialtax.JohnD.statedthattherearesomeuniformity constitutionalrequirementsinrelationtotaxes.Thiswouldhavetobelookedattomakesurethatwhateveris beingproposeddoesnotviolatethat.Gerryrequestedthatstafflookintothisanddecideifwecanmove forward.Wadealsoaskedwhataffectdoesanacquisitionofprivatesectorpropertiestothestatehaveonthe City?MikestatedthatstaffwillresearchthisitemandreportbacktoCFCatalaterdate. MeetingAdjournedat11:22a.m. SALES TAX CODE CHANGES ATTACHMENT 1 11.1 Packet Pg. 121 Attachment: Council Finance Committee minutes, September 21, 2015 (3672 : MUTR Code Amendment) COUNCIL FINANCE COMMITTEE September 21, 2015 - 1 - ORDINANCE NO. 132, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 25-65 OF THE CODE OF THE CITY OF FORT COLLINS TO CHANGE THE APPLICATION FILING DEADLINE FOR THE CITY’S MANUFACTURING EQUIPMENT USE TAX REBATE PROGRAM WHEREAS, in 2007 the City of Fort Collins established in Division 5 of Article II of Chapter 25 of the Fort Collins Municipal Code a program to rebate the City’s use tax imposed on manufacturing equipment to qualifying manufacturers (the “Rebate Program”); and WHEREAS, Code Section 25-65 currently requires that manufactures applying for a use tax rebate under the Rebate Program must file their application with the City no later than December 31 st of each year; and WHEREAS, this late filing deadline has caused delays in the City paying the requested rebates to manufacturers and staff is recommending that the filing deadline be changed to June 30 th of each year to help eliminate these delays; and WHEREAS, this Ordinance amends Code Section 25-65 to change this deadline from December 31 st of each year to June 30 th of each year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 25-65 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-65. Application for rebate. Application for the manufacturing equipment use tax rebate on qualifying manufacturing equipment shall be made on forms to be provided by the City. In order to qualify for such rebate, the application must be filed between August 1 and December 31by June 30th inclusive, of eachthe year following the year in which the use taxes for which a rebate is requested were paid. Only one (1) application shall be filed per qualifying manufacturer. Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 122 - 2 - Passed and adopted on final reading on this 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 123 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Clark Mapes, City Planner SUBJECT Public Hearing and First Reading of Ordinance No. 133, 2015, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Houska Automotive Rezoning. EXECUTIVE SUMMARY The purpose of this item is to rezone one parcel of land, 1005 Riverside Drive, near the southwest corner of the Riverside Drive and Lemay Avenue intersection. Existing zoning is N-C, Neighborhood Commercial District. Proposed zoning is C-L, Limited Commercial District. The parcel is 2.5 acres in size and is currently vacant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION 1967 Original annexation and zoning. In 1967, the property was annexed as part of the Lemay Annexation, and zoned General Industrial, along with the rest of the Riverside corridor extending from Lemay Avenue to Mountain Avenue. This also included Lemay Avenue frontage along the area that now comprises the Albertson’s shopping center at the corner of Riverside Drive and Lemay Avenue. The General Industrial zoning allowed a whole range of industrial uses. On the property in question, Flatiron Paving Company operated a concrete batch plant that was later closed and removed. 1991 Rezoning to C-L. In 1991, the property was rezoned into a newly written zoning district called the C-L, Limited Commercial District as a follow up action of the 1986 East Side Neighborhood Plan. C-L zoning was applied to the whole south side of Riverside Drive from Lemay Avenue to Mountain Avenue, replacing the original General Industrial zoning. That C-L zoning is still in place along Riverside except for the subject property. C-L zoning reflects the realities of vehicle-related uses that front onto Riverside Drive, allowing a wide range of commercial and vehicle-related uses. Attachment 5, Pertinent Zoning Information, provides a comparison of the purposes and permitted uses in the current N-C District and the proposed C-L District. 1997 Rezoning to N-C. As noted previously, the subject property was rezoned to N-C, Neighborhood Commercial District, in conjunction with the new City Plan in 1997. That designation was new in 1997 as a prominent topic in City Plan. It represents goals for mixed-use supermarket-anchored activity centers to be walkable focal points for surrounding neighborhoods. It envisions an integrally connected pattern of streets and blocks offering access other than arterial streets. 12 Packet Pg. 124 Agenda Item 12 Item # 12 Page 2 Those goals were translated into a new City Structure Plan map -- a diagram of long-term land use and transportation patterns within the Growth Management Area. The City Structure Plan map now serves as the primary basis for zoning decisions. The Structure Plan map placed the Neighborhood Commercial District designation on the existing Albertsons shopping center, but with notation as an existing center that would not necessarily be consistent with the City Plan goals and principles. In such situations, the designation is considered aspirational as a guide to possible future redevelopment. City Structure Plan Guidance for Zoning As noted previously, the City Structure Plan map serves as the primary basis for zoning decisions. The map does not actually depict the subject property as part of the Neighborhood Commercial District; rather, the property is depicted as part of the commercial corridor along Riverside, as it had previously been designated since original annexation and zoning. The 1997 City Structure Plan map was originally intended to be a somewhat general guide, with exact zoning of specific properties to be determined at the time of zoning based on detailed interpretation of City Plan policies and unique conditions on the ground. The map has since evolved to become more parcel-specific in its depiction of the desired land use pattern. Because of the way the subject property is depicted, the rezoning request is more consistent with the map than the current N-C zoning. A zoomed-in view of the City Structure Plan map is provided as Attachment 4. Surrounding Zoning and Land Uses Surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North U-E, Urban Estate Railroad (across Riverside Drive) South N-C, Neighborhood Commercial Albertsons-anchored shopping center properties East N-C, Neighborhood Commercial Albertsons-anchored shopping center commercial pad properties West C-L, Limited Commercial Houska automotive complex and other vehicle and RV storage uses Summary of Staff Evaluation A number of main considerations underlie staff findings in support of the request: The property is not critical for development as an additional component of this Neighborhood Commercial District because it is functionally disconnected from the residential neighborhood to the south and west by industrial land uses. It is oriented to Riverside Drive, an arterial street, with little opportunity to be well- integrated into a neighborhood pattern of streets, blocks, and walkways leading to the shopping center. Existing development in the area was done prior to the N-C designation and is not aligned with the purpose and policies for N-C districts. The extension of C-L zoning can be compatible with existing surrounding vehicle-related uses including the truck loading and service area of the abutting shopping center. Access to the property is highly constrained, and the zoning would support the feasibility of cross-access with adjacent properties in the C-L zone to the west. This rezoning request is on behalf of owners of the property adjacent to the west, who operate an auto repair complex and desire to expand their operation, with a shared single access point on Riverside Drive. This is a crucial consideration because several 12 Packet Pg. 125 Agenda Item 12 Item # 12 Page 3 development proposals since 1997 have been thwarted by the highly constrained access on Riverside Drive. Access constraints on Riverside Drive are a key consideration. Since 1997, a number of development proposals have been brought forward under the N-C zoning, for various retail or medical office uses consistent with the N-C zoning. None were able to proceed. In addition to vehicular access limitations on Riverside Drive, the ownership of adjacent shopping center property has precluded cross access with the shopping center. The rezoning would return the property to zoning that existed on the property prior to 1997. In 1997, a citywide rezoning was approved by City Council in conjunction with the new comprehensive plan known as City Plan. The subject property was placed into the new Neighborhood Commercial District along with the pre-existing Albertsons Shopping Center properties at that time. The rezoning is consistent with the City Structure Plan map. Required Findings to Approve the Rezoning Request In order to recommend approval of this proposal, City Council would have to find that the rezoning is: (a) consistent with the City’s Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property.” The above criteria are found in subsection 2.9.4[H][2] of the Land Use Code, which defines mandatory requirements for rezonings. In addition, the following subsection 2.9.4[H][3] lists other factors that may be considered along with the mandatory requirements for this type of rezoning, as follows: “In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural environment’; and whether and the extent to which the proposed amendment would result in a logical and orderly development pattern.” Staff Findings After reviewing the Houska Rezoning request, staff makes the following findings of fact: 1. The rezoning is consistent with the City’s Comprehensive Plan based on the City Structure Plan map designation, the lack of interconnectivity with surrounding neighborhoods or neighborhood commercial uses as envisioned under the current N-C zoning, and the orientation to the Riverside Drive commercial corridor. 2. Conditions have changed in the neighborhood to warrant the rezoning, particularly the history of proposals to develop the property with N-C uses, which provides a body of new information regarding access constraints; and the growth of the automotive service center abutting the property, which has created the opportunity for that use to expand onto the subject property with crucial cross access. 12 Packet Pg. 126 Agenda Item 12 Item # 12 Page 4 3. The rezoning is compatible with existing and proposed uses, particularly the automotive center next door, the rear service area of the adjacent shopping center, existing vehicle storage uses to the south and west, and the Riverside corridor overall. 4. The rezoning will have no adverse effects on the natural environment because there are no wetlands, significant vegetation, habitats, or other sensitive environmental conditions on the property or otherwise affected by the change in zoning from one commercial designation to another. 5. The proposed rezoning would result in a logical and orderly pattern because it fits with the established, long-standing pattern of service commercial-type land uses along Riverside Drive, and it creates the opportunity for coordination of an efficient auto-related service complex with shared access being a crucial consideration. CITY FINANCIAL IMPACTS Staff finds no direct financial or economic impacts resulting from the proposed rezoning of 2.5 acres from one type of commercial district to another. The proposed C-L zoning is more likely to result in development due to the increased ability to overcome access constraints which have thwarted development under the current N-C designation. Development in the C-L zone will likely result in the creation of technical jobs associated with the growing automotive center to the west, which is under the same ownership as the subject property. BOARD / COMMISSION RECOMMENDATION On September 10, 2015, the Planning and Zoning Board voted unanimously to recommend City Council approval of the proposed rezoning on the Board’s Consent Agenda. The Board requested that the item be placed on the Consent Agenda, with no discussion. PUBLIC OUTREACH A neighborhood meeting was held on August 20, 2015. Mailings were sent for the Neighborhood Meeting and for the Planning and Zoning Board hearing. No citizens attended. No known controversy or neighborhood impacts are involved with the rezoning. ATTACHMENTS 1. Rezoning Request (PDF) 2. Existing zoning (PDF) 3. Proposed zoning (PDF) 4. City Structure Plan Detail of Site (PDF) 5. Land Use Code Pertinent Excerpts (PDF) 12 Packet Pg. 127 land planning landscape architecture urban design entitlement Thinking outside of the box for over two decades. 419 Canyon Ave. Suite 200 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com August 25, 2015 Rezoning Request - 1005 Riverside Avenue This is a Rezoning Request for 2.49 acres located at 1005 Riverside Avenue. The property is currently zoned Neighborhood Commercial (NC) District and received this designation in 1997 when City Plan was first adopted and the entire City was given new zoning designations as part of that broad scale planning effort. The property was and is adjacent to Riverside Shopping Center and it was logically assumed at the time that the property would ultimately be developed with retail uses and become part of the shopping center. Now eighteen years later, the property remains vacant despite numerous attempts at developing the property with neighborhood commercial uses. A variety of constraints make it difficult to develop the property: x The site is triangular shape which makes it inefficient for many uses. x The shopping center has an east facing orientation, while this site faces to the north. This makes it difficult to create any kind meaningful connection to the rest of the shopping center. x Access to the property is from Riverside Avenue, where getting adequate turning movements is difficult. Traffic continues to increase along Riverside Avenue and the right-of-way is constrained making it difficult to add a center turn lane. Houska Automotive, a local family owned business since 1952, recently expanded from its location at 899 Riverside. With the addition of the Houska Tire and Oil Service at 901 Riverside in 2013 the Houska property is now adjacent to the subject property at 1005 Riverside Avenue. Dennis Houska would like to expand his automotive center further to include a repair service and other auto- related uses on the adjacent property. Since automotive uses of this type are not allowed in the NC District, a rezoning of the property to Limited Commercial (CL) to match the other properties along Riverside Avenue is required. +RXVND5H]RQLQJ$SSOLFDQW-XVWLILFDWLRQ ATTACHMENT 1 12.1 Packet Pg. 128 Attachment: Rezoning Request (3652 : Houska Automotive Rezoning) Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com Rezoning Justification The Land Use Code outlines the procedures and criteria for rezoning: Land Use Code Section 2.9.4 -Text and Map Amendment Review Procedures (G)(2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or The change in zoning is consistent with City Plan and supported by the following Principles and Policies: Economic Health The proposed rezoning will help to create diverse jobs, and support an innovative, entrepreneurial atmosphere by allowing the expansion of an already successful automotive center. Houska Automotive is already a community leader in creating collaboration and partnerships with educational institutions and other organizations, by providing internships and training for students interested in automotive careers. They also provide Women’s Car Clinics twice a year for the general public and also offer a class through Project Self-Sufficiency, a local non- profit agency. Community and Neighborhood Livability The proposed expansion of the Houska automotive center creates a compact pattern of development; it represents quality infill development, and will add to an already attractive activity center, all conveniently located for neighborhood residents without negatively impacting them. (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. The growth of the Houska automotive services and related uses together with the opportunity to expand and create additional compatible and related uses within a well defined, attractive center represents a change from what existed in 1997, when the dividing line between NC and CL zone districts was originally established. (3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval of any such proposed 12.1 Packet Pg. 129 Attachment: Rezoning Request (3652 : Houska Automotive Rezoning) Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The uses proposed for the property to be rezoned represent an expansion of auto- related uses already existing in the Houska Automotive center. Auto repair, servicing, tire sales, oil change service and auto parts sales already exist in the center. The expansion would include repair, servicing, and other auto-related uses. The rezone would not result in any significant adverse impacts on the natural environment. The proposed uses would meet the City’s standards for water, storm water, and noise and air quality. There are no wetlands, significant vegetation or wildlife habitats on the property. Lastly, the proposed amendment would result in a logical and orderly development pattern with a variety of auto-related uses being grouped together providing operational efficiency as well as superior and convenient customer service. 12.1 Packet Pg. 130 Attachment: Rezoning Request (3652 : Houska Automotive Rezoning) ATTACHMENT 2 12.2 Packet Pg. 131 Attachment: Existing zoning (3652 : Houska Automotive Rezoning) ATTACHMENT 3 12.3 Packet Pg. 132 Attachment: Proposed zoning (3652 : Houska Automotive Rezoning) ATTACHMENT 4 12.4 Packet Pg. 133 Attachment: City Structure Plan Detail of Site (3652 : Houska Automotive Rezoning) 1 Houska Rezoning Land Use Code Pertinent Zoning Excerpts DIVISION 4.23 - NEIGHBORHOOD COMMERCIAL DISTRICT (N-C) (A) Purpose. The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed-Use Neighborhood. In addition to retail and service uses, the District may include neighborhood-oriented uses such as schools, employment, day care, parks, small civic facilities, as well as residential uses. This District is intended to function together with a surrounding Medium Density Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density neighborhoods. The intent is for the component zone districts to form an integral, town-like pattern of development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts. Development Standards. (1) Site Planning. (a) Overall Plan. The applicant shall demonstrate that the development plan contributes to a cohesive, continuous, visually related and functionally linked pattern within existing or approved development plans within the contiguous Neighborhood Commercial District area in terms of street and sidewalk layout, building siting and character and site design. (b) Central Feature or Gathering Place. At least one (1) prominent or central location within each geographically distinct Neighborhood Commercial District shall include a convenient outdoor open space or plaza with amenities such as benches, monuments, kiosks or public art. This feature and its amenities may be placed on blocks, with shared civic facilities. (c) Integration of the Transit Stop. Neighborhood Commercial Districts shall be considered major stops on the local transit network. Transit stop facilities, to the maximum extent feasible, shall be integrated into the design of the District, centrally located, and easily accessible for pedestrians walking to and from the surrounding neighborhoods. (See also Division 3.6 Transportation and Circulation.) (2) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: ATTACHMENT 5 12.5 Packet Pg. 134 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 2 (a) Block Structure. Each Neighborhood Commercial District and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (b) Block Size. All blocks shall be limited to a maximum size of seven (7) acres, except that blocks containing supermarkets shall be limited to a maximum of ten (10) acres. (c) Minimum Building Frontage. Forty (40) percent of each block side or fifty (50) percent of the total block frontage shall consist of either building frontage, plazas or other functional open space. Permitted Uses. The following uses are permitted in the N-C District, subject to administrative review: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Group homes for up to eight (8) developmentally disabled or elderly persons. 4. Mixed-use dwellings. 5. Extra occupancy rental houses with more than (5) tenants. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public and private schools, including colleges, universities, vocational and technical training. 3. Minor public facilities. 4. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 5. Transit facilities without repair or storage. (c) Commercial/Retail Uses: 1. Standard restaurants. 2. Fast food restaurants (without drive-in or drive-through facilities). 3. Health and membership clubs. 4. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,000] square feet). 5. Open-air farmers markets. 6. Personal and business service shops. 7. Convenience retail stores, without fuel sales. 8. Convenience retail stores with fuel sales, provided that they are at least three thousand nine hundred sixty (3,960) feet (three quarters [¾] of a mile) from any other such use and from any fueling station. 9. Offices, financial services and clinics. 10. Artisan and photography studios and galleries. 12.5 Packet Pg. 135 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 3 11. Retail establishments. 12. Vehicle minor repair, servicing and maintenance establishments (indoor). 13. Limited indoor recreation. 14. Gasoline stations. 15. Veterinary facilities and small animal clinics. 16. Child care centers. 17. Equipment rental establishments without outdoor storage. 18. Dog day care facilities. 19. Print shops. 20. Food catering or small food product preparation. 21. Adult day/respite care centers. 22. Food truck rally. (d) Industrial Uses: 1. Workshops and custom small industry uses. 2. Small-scale and medium-scale solar energy systems. (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (39) inches in diameter. 2. Wireless telecommunication equipment. 3. Wireless telecommunication facilities. (3) The following uses are permitted in the N-C District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Multi-family dwellings. (b) Institutional/Civic/Public Uses: 1. Community facilities. (c) Commercial/Retail Uses: 1. Supermarkets. 2. Nightclubs. 3. Bars and taverns. 4. Entertainment facilities and theaters. 5. Drive-in restaurants (without drive-through facilities). 6. Outdoor amphitheaters. 7. Microbrewery/distillery/winery. 12.5 Packet Pg. 136 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 4 DIVISION 4.24 - LIMITED COMMERCIAL DISTRICT (C-L) (A) Purpose. The Limited Commercial District is intended for areas primarily containing existing, small commercial uses that are adjacent to residential neighborhoods. Many of these areas have transitioned over time from residential to commercial uses. The District is divided into the Riverside Area as depicted in Figure 21 and all other areas. The purpose of this district is to allow small scale nonresidential uses to continue to exist or to expand while still protecting surrounding residential areas, provided that such areas have been designated under an adopted subarea plan as being appropriate for the C-L District. Riverside Area 12.5 Packet Pg. 137 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 5 Permitted Uses Single-family detached dwellings BDR Two-family dwellings BDR Single-family attached dwellings BDR Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five (75) bedrooms or less BDR Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or more than seventy-five (75) bedrooms Type 2 Group homes BDR Mixed-use dwellings Type 1 Extra occupancy rental houses with five (5) or fewer tenants BDR Extra occupancy rental houses with more than five (5) tenants Type 1 Fraternity and sorority houses BDR Shelters for victims of domestic violence BDR Places of worship or assembly BDR Transit facilities (without repair and storage) BDR Parks, recreation and other open lands, except neighborhood parks as defined by the parks and recreation policy plan Type 1 12.5 Packet Pg. 138 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 6 Public and private schools for college, university vocational or technical training Type 1 Minor public facilities Type 1 Neighborhood parks as defined by the parks and recreation policy plan BDR Major public facilities Type 2 Vehicle minor repair, servicing and maintenance establishments* BDR Vehicle major repair, servicing and maintenance establishments* BDR Vehicle sales, leasing and rentals with outdoor storage BDR Child care centers BDR Entertainment facilities and theaters BDR Clubs and lodges BDR Offices, financial services and clinics BDR Parking lots and garages (as a principal use) BDR Personal and business service shops BDR Plumbing, electrical and carpenter shops BDR Standard restaurants BDR Fast food restaurants (without drive-in or drive-through facilities) BDR 12.5 Packet Pg. 139 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 7 Frozen food lockers BDR Retail establishments BDR Limited indoor recreation BDR Veterinarian facilities and small animal clinics BDR Veterinary hospitals BDR Dog day care facilities BDR Print shops BDR Exhibit halls BDR Adult day/respite care centers BDR Convenience retail stores without fuel sales Type 1 Convenience retail stores with fuel sales Type 1 Bars and taverns Type 1 Gasoline stations Type 1 Farm implement and heavy equipment sales Type 1 Mobile home, recreational vehicle and truck sales and leasing Type 1 Funeral homes Type 1 12.5 Packet Pg. 140 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 8 Drive-in restaurants Type 1 Food catering or small food product preparation Type 1 Enclosed mini-storage facilities* Type 1 Indoor kennels Type 1 Artisan and photography studios and galleries Not permitted Bed and breakfast establishments Not permitted Grocery stores Not permitted Small scale reception centers Not permitted Animal boarding Not permitted Plant nurseries and greenhouses Not permitted Health and membership clubs Not permitted Open-air farmers markets Not permitted Lodging establishments Type 1 Microbrewery/distillery/winery Type 1 12.5 Packet Pg. 141 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) 9 Workshops and custom small industry uses BDR Transportation terminals (truck, container storage) BDR Warehouses* BDR Wholesale distribution BDR Light industrial uses* Not permitted Research laboratories* Not permitted Outdoor storage facilities consisting only of the storage of vehicles which are towed to the premises and temporarily stored until such vehicles are claimed by the vehicle owners or moved to an auction or junk yard or other similar disposal site, provided that such facilities are located at least thirty- five (35) feet from the flow line of all abutting arterial streets. Type 1 Medical marijuana optional premises cultivation operations Not permitted Medical marijuana-infused product manufacturers Not permitted Retail marijuana cultivation facility Not permitted Retail marijuana product manufacturing facility Not permitted Retail marijuana testing facility Not permitted Small-scale and medium-scale solar energy systems Type 1 12.5 Packet Pg. 142 Attachment: Land Use Code Pertinent Excerpts (3652 : Houska Automotive Rezoning) - 1 - ORDINANCE NO. 133, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE HOUSKA AUTOMOTIVE REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”) establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the rezoning of the property that is the subject of this Ordinance and has determined that said property should be rezoned as hereinafter provided; and WHEREAS, the City Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from Neighborhood Commercial (“N-C”) Zone District, to Limited Commercial (“C-L”) Zone District, for the following described property in the City known as the Houska Automotive Rezoning: A tract of land situated in the Northeast of Section 13, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the East line of the said Northeast 1/4 of said Section 13 as bearing North 00°25' East and with all bearings contained herein relative thereto, is contained within the boundary lines which BEGIN at a point on the existing South right-of-way line of Riverside Avenue which bears North 00°25' East 1,319.93 feet to the North 1/16 corner on the East line of said Section 13 and Again North 48°54' West 403.05 feet, and Again South 01°04'36" West 35.64 feet from the East 1/4 corner of said Section 13, and run Thence South 01°04'36" West 183.71 feet; Thence North 89°31 '24" West 331.40 feet; Thence North 00°35'36" East 468.81 feet to the existing South right-of-way line of Riverside Avenue; Thence along said right-of-way South 48°54' East 437.90 feet to the Packet Pg. 143 - 2 - Point of Beginning. County of Larimer, State of Colorado, measuring 2.49 acres, more or less. Section 3. That the Residential Neighborhood Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is not included in the Residential Neighborhood Sign District. Section 4. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 144 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Mark Jackson, PDT Deputy Director SUBJECT Resolution 2015-089 Supporting the Colorado Department of Transportation’s Northern Colorado Connectivity Project and Recommending it be Submitted for Federal Grant Funding Consideration. EXECUTIVE SUMMARY The purpose of this item is to consider a Resolution and letter in support for a Colorado Department of Transportation (CDOT) grant application for federal resiliency funds (Northern Colorado Connectivity Project) to be used to improve I-25 infrastructure. These funds will help make improvements needed to maintain critical I-25 connectivity to Northern Colorado in times of emergency, weather event, disaster, or crisis. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Colorado Department of Transportation (CDOT) is competing for federal grant dollars to increase resiliency of infrastructure throughout the state. One key area of focus is the I-25 Corridor. Maintaining and improving the I-25 infrastructure (including roadway, bridges and interchanges/overpasses) is critical to movement of people, goods and services. I-25 is the region’s primary arterial connection and in times of emergency serves as a primary route for emergency services. The closing of I-25 in Weld and Larimer Counties during the critical 24 hours after the disastrous flood in 2013 left vulnerable populations at risk. The affected area was over 200 miles (north-south) by approximately 50 miles (east-west), with over 400 miles of roadways and over 130 bridges impacted. All the major north-south oriented highways were closed due to flooding, including I-25, this state’s most critical route. This negatively affected emergency evacuations, access to higher care medical facilities in Denver, goods movement, job access and connectivity and led to economic loss of an estimated $800,000 per hour. Improving I-25 infrastructure and making it more resilient in times of emergency will help ensure that Northern Colorado and Fort Collins will remain connected throughout difficult circumstances. CDOT estimates that I-25 has over $70 million in unmet resiliency needs. CDOT further estimates that if the Northern Colorado Connectivity Project (NCCP) had been implemented prior to the 2013 floods in northern Colorado, the river would not have flooded I-25, traffic on the highway would not have been shut down, evacuation would have been easier, and emergency responders would not have been delayed. The NCCP is one of two proposed projects seeking federal grant funding. NCCP has moved to the second phase of the grant competition. CDOT is seeking resolutions and statements of support from North Front Range agencies supporting CDOT’s grant application. The fifteen-day comment period closes on October 21, 2015. Citizens and agencies can provide input by going online at www.coloradounited.com <http://www.coloradounited.com> and selecting the link “Colorado’s National Disaster Resilience Competition Application.” Comments can also be submitted to: gov_coloradorecoveryoffice@state.co.us <mailto:gov_coloradorecoveryoffice@state.co.us>. 13 Packet Pg. 145 Agenda Item 13 Item # 13 Page 2 Given the short turnaround time available for comment, staff has prepared a draft Resolution and letter of support for Council’s consideration. CITY FINANCIAL IMPACTS Adoption of the Resolution and sending a letter of support will have no immediate financial impact on Fort Collins. If successful and I-25 can be improved, there could be significant positive economic impact to Fort Collins and Northern Colorado region by keeping the I-25 Corridor intact and operational in times of emergency, weather event, disaster, or other crisis event. PUBLIC OUTREACH CDOT has presented background information to North Front Range agencies and groups representing the I-25 Corridor. 13 Packet Pg. 146 - 1 - RESOLUTION 2015-089 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE COLORADO DEPARTMENT OF TRANSPORTATION NORTHERN COLORADO CONNECTIVITY PROJECT AND RECOMMENDING IT BE SUBMITTED FOR FEDERAL GRANT FUNDING CONSIDERATION WHEREAS, Interstate 25 serves as the primary north-south highway connection for Northern Colorado including Fort Collins; and WHEREAS, Interstate 25 is the primary roadway route for regional connectivity to commerce, health care, education and employment; and WHEREAS, Interstate 25 is designated as a federal freight route; and WHEREAS, Interstate 25 in Northern Colorado suffered damage and prolonged closure as a result of the September 2013 floods; and WHEREAS, it is critical that Interstate 25 roads and bridges be made more resilient to impacts from weather emergencies and natural disasters; and WHEREAS, the Colorado Department of Transportation (“CDOT”) has proposed the Northern Colorado Connectivity Project to make needed improvements to Interstate 25 to provide resiliency; and WHEREAS, the CDOT proposal is a candidate for submission for federal grant funding for the National Disaster Resilience Competition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby expresses its support of the Colorado Department of Transportation’s Northern Colorado Connectivity Project for consideration of federal grant funding, and urges Governor Hickenlooper to support and submit this important project to the National Disaster Resilience Competition. Section 2. That the Mayor is hereby authorized to sign a letter of support to Governor Hickenlooper, attached hereto as Exhibit “A” on behalf of the City Council of Fort Collins. Packet Pg. 147 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 148 Mayor City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.416.2154 970.224.6107 - fax fcgov.com October 20, 2015 Governor John Hickenlooper Office of the Governor 136 State Capitol Building Denver, CO 80203 Dear Governor Hickenlooper, The City of Fort Collins supports the Colorado Department of Transportation’s (CDOT) application (Northern Colorado Connectivity Project) for the National Disaster Resilience Competition funds, also known as the Presidential Challenge Grant, and encourages the State to submit this application for consideration. I-25 serves as the critical main artery along the Front Range of Colorado, providing movement of goods, people and services. It is designated as a federal freight route. I-25 is the primary route for regional connectivity to commerce, health care, education, and employment. It is imperative that I-25 roads, bridges, and interchanges be made resilient to weather and natural disasters. The NCCP proposes to make improvements to I-25 to ensure I-25 is resilient and able to withstand and survive these challenges. All proposed changes address Northern Colorado resiliency needs and are consistent with the approved North I-25 Final Environmental Impact Study (FEIS). The improvements proposed in the NCCP are not solely limited to I-25 mobility improvements. These improvements will also provide for regional trail connectivity, improve watersheds and natural resources, and improve water quality by reducing pollutants. The City of Fort Collins strongly supports this effort, and requests your support and submittal of the Northern Colorado Connectivity Project for federal consideration. Respectfully submitted, Wade Troxell Mayor EXHIBIT A 1 Packet Pg. 149 Attachment: Exhibit A (3679 : CDOT Grant - RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Patrick Rowe, Real Estate Specialist III Josh Birks, Economic Health Director SUBJECT Resolution 2015-090 Setting for December 1, 2015, a Noticed Public Hearing for the City Council's Consideration of a Resolution to Substantially Modify the Midtown Urban Renewal Plan. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider the adoption of a resolution setting a public hearing date for December 1, 2015 to consider two modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”). One modification would reduce the Midtown Plan area by removing territory that is currently not in either of the two approved tax increment financing (TIF) districts within the Midtown Plan (Prospect South and Foothills Mall). The other modification would amend wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal project. Adoption of the Resolution only sets the public hearing date for December 1, 2015, for Council’s consideration of these modifications and does not take any action on either of the two modifications. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In May 2015, the Colorado General Assembly passed House Bill 2015-1348 (the “URA Reform Bill”). The URA Reform Bill will affect the City’s Urban Renewal Authority (the “URA”) in several significant ways. Chief among them is that on and after January 1, 2016, the City will be required to attempt to negotiate an agreement with all affected taxing entities, like Larimer County, on the issue of how property tax increment generated under any new City urban renewal plan or the modification of an existing plan will be allocated and spent under the new plan or modification. If the City and other taxing entities cannot reach such an agreement, the tax-allocation issue will be decided through “mediation” by a “mediator.” There is concern that the City’s two existing urban renewal plans, the North College and Midtown Urban Renewal Plans, and the urban renewal projects ongoing under them, may be negatively affected by the URA Reform Bill. In an effort to avoid and minimize this concern, staff recommends that the Council take the following actions before January 1, 2016: (1) amend the Midtown Plan to remove all the territory in the Midtown Plan area that is not currently in the Prospect South or the Foothills Mall tax increment financing (“TIF”) districts, with the exception of small connection between the two TIF districts located within College Avenue right-of-way (the “First Midtown Modification”); (2) clarify that the Midtown Plan authorizes only one urban renewal project (the “Second Midtown Modification”; and, 1 and 2 jointly, the “Midtown Modifications”); and (3) amend the North College Urban Renewal Plan to clarify that it too only authorizes one urban renewal project (this item will come to Council in a separate resolution at the December 1, 2015, meeting). 14 Packet Pg. 150 Agenda Item 14 Item # 14 Page 2 The First Midtown Modification specified above, reducing the size of the Midtown Plan area, has been determined to be a substantial modification of the Midtown Plan. As such, the urban renewal statutes require that the process to consider this change be the same process that is required for the approval of a new urban renewal plan. The process involves a number of steps, summarized below, which culminate in a public hearing on the proposed change. The Second Midtown Modification, clarifying that the plan authorizes only one urban renewal project, is not a substantial change, but will be jointly considered as a matter of process. This Resolution continues the process with regard to the proposed Midtown Modifications by setting the date for the public hearing. This Resolution sets this date for December 1, 2015 at the regular City Council Meeting at 6:00pm. The First Midtown Modification removes a substantial amount of land from the Midtown Plan area, which area is currently 658.5 acres in size and shown on the map in Attachment 1 (the “Plan Area”). The land to be removed from the Plan Area would be those properties not currently located in either of the two tax increment financing districts established in the Midtown Plan, these being the Prospect South Tax Increment District and the Foothills Mall Tax Increment District (jointly, the “TIF Districts”). However, certain portions of South College Avenue currently not located in the TIF districts will remain in the Plan Area to connect the two TIF Districts. The Midtown Modification would exclude approximately 490.7 acres (or approximately 75 percent) of the land from the Plan Area as depicted on the map in Attachment 2 (the “Excluded Area”), thereby resulting in the new boundaries for the remaining Midtown Plan area consisting of approximately 167.9 acres of land, which boundaries are also depicted in Attachment 2 (the “New Plan Area”). The Second Midtown Modification clarifies language in the Midtown Plan, specifying that the plan authorizes only one urban renewal project. This is in keeping with the statutory definition of an “urban renewal project” defined as “undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight … in accordance with an urban renewal plan”. Although such a broad definition makes it unlikely that any Midtown Plan activity would be construed as a separate project, Staff recommends the Midtown Plan (and, the North College Plan), be explicit on this point. Such a revision further reduces the likelihood that the Midtown Plan may inadvertently become subject to the URA Reform Bill changes. The rationale for both of these Midtown Modifications is to protect the TIF Districts and their existing and future undertakings and activities, like the Foothills Mall redevelopment, from potential adverse effects of the URA Reform Bill. For instance, if the properties in the Excluded Area are not removed from the Plan Area and any future urban renewal undertakings or activities occur on them, an affected taxing entity might argue that such undertakings or activities have triggered the URA Reform Bill requiring the City and the URA to negotiate with that taxing entity a tax allocation agreement for not only the new undertakings or activities, but also with respect to the existing undertakings and activities in the TIF Districts. By removing the Excluded Area from the Plan Area now, this should eliminate this argument. Then, if and when the City decides to pursue an urban renewal plan and project for any property in the Excluded Area, it can do so without concern that such action will adversely affect the existing and future urban renewal undertakings and activities in the Midtown TIF Districts in light of the URA Reform Bill. This process to modify the Midtown Plan involves the following steps: 1. URA resolution proposing the Midtown Modification - September 8, 2015 (OCCURRED - the URA adopted Resolution No. 077); 2. Council resolution submitting the Midtown Modification to the Planning and Zoning Board to review for conformity with City Plan and to the Poudre School District - September 15, 2015 (OCCURRED - Council adopted Resolution No. 2015-084); 3. Planning and Zoning Board hearing to consider the Midtown Modification and adoption of a resolution with its recommendation to Council concerning the Modification’s conformance with City Plan - October 8, 2015 (OCCURRED - the Planning and Zoning Board adopted the attached resolution (Attachment 3) finding that the Midtown Plan, as amended by the Midtown Modifications, is in conformity with City Plan); 4. Council resolution scheduling a public hearing on the Midtown Modifications - October 20, 2015 (this Resolution); and 5. Council public hearing to consider a resolution approving the Midtown Modification - December 1, 2015. 14 Packet Pg. 151 Agenda Item 14 Item # 14 Page 3 Adoption of the Resolution sets a public hearing date for December 1, 2015, but does not take action on either of the two modifications. BOARD / COMMISSION RECOMMENDATION The URA Board passed Resolution No. 077 on September 8, 2015, proposing the Midtown Modification. A copy of the resolution is attached (Attachment 4). On October 8, 2015, the Planning and Zoning Board adopted the attached resolution (Attachment 3) finding that the Midtown Plan, as amended by the Midtown Modifications, is in conformity with City Plan. PUBLIC OUTREACH Following the URA Board meeting on September 8, 2015, the City began formal public outreach on the Midtown Modification as well as others recommended changes to the URA operations which will follow a different process. The outreach includes letter correspondence to the property owners and taxing entities within the Midtown Plan, as well as, discussion with key stakeholder (e.g., South Fort Collins Business Association). For additional detail on the public outreach, please refer to the attached public engagement plan (Attachment 5). ATTACHMENTS 1. Map - Existing Plan Area (PDF) 2. Map - Proposed Area (PDF) 3. URA Resolution No. 077 (PDF) 4. Planning and Zoning Board Resolution (PDF) 5. Public Engagement Plan (PDF) 14 Packet Pg. 152 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON TROUTMAN LEMAY SWALLOW STOVER LAKE CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY SENECA BOARDWALK HINSDALE STANFORD BROOKWOOD STUART MANHATTAN KEENLAND PITKIN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA HIGHCASTLE WINDMILL SPRING PARK ATTACHMENT 2 14.2 Packet Pg. 154 Attachment: Map - Proposed Area (3640 : Midtown Plan Changes - Set Public Hearing) 14.3 Packet Pg. 155 Attachment: URA Resolution No. 077 (3640 : Midtown Plan Changes - Set Public Hearing) 14.3 Packet Pg. 156 Attachment: URA Resolution No. 077 (3640 : Midtown Plan Changes - Set Public Hearing) 14.3 Packet Pg. 157 Attachment: URA Resolution No. 077 (3640 : Midtown Plan Changes - Set Public Hearing) 14.3 Packet Pg. 158 Attachment: URA Resolution No. 077 (3640 : Midtown Plan Changes - Set Public Hearing) !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON TROUTMAN LEMAY SWALLOW STOVER LAKE CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY SENECA BOARDWALK HINSDALE STANFORD BROOKWOOD STUART MANHATTAN KEENLAND PITKIN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA HIGHCASTLE WINDMILL SPRING PARK # # # # # # # # # # # # # # # # # # # # # # ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS TROUTMAN REMINGTON LEMAY ATTACHMENT 4 14.4 Packet Pg. 161 Attachment: Planning and Zoning Board Resolution (3640 : Midtown Plan Changes - Set Public Hearing) 14.4 Packet Pg. 162 Attachment: Planning and Zoning Board Resolution (3640 : Midtown Plan Changes - Set Public Hearing) 14.4 Packet Pg. 163 Attachment: Planning and Zoning Board Resolution (3640 : Midtown Plan Changes - Set Public Hearing) 14.4 Packet Pg. 164 Attachment: Planning and Zoning Board Resolution (3640 : Midtown Plan Changes - Set Public Hearing) PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE: MIDTOWN URBAN RENEWAL PLAN MODIFICATION OVERALL PUBLIC INVOLVEMENT LEVEL: Inform & Consult BOTTOM LINE QUESTION: Should City Council modify the Midtown Urban Renewal Plan to provide protection to the existing Midtown TIF Districts and their existing and planned urban renewal project undertakings and activities (e.g., Foothills Mall redevelopment)? KEY STAKEHOLDERS: 1. Property owners, residents, and business owners in the Midtown Urban Renewal Plan Area 2. South Fort Collins Business Association 3. Affected Taxing Entities (e.g., Larimer County) TIMELINE: August 31, 2015 to December 1, 2015 Phase 1: Increase Awareness of Proposed Modification Timeframe: August 31, 2015 to October 8, 2015 Key Messages: 1. There are two existing tax increment financing (TIF) districts within the Midtown Plan Area – South Prospect and Foothills Mall 2. State legislature passed HB 2015-1348 (the “URA Reform Bill”) that affects the manner in which an Urban Renewal Authority (URA) can operate 3. The URA Reform Bill necessitated a change to the Midtown Plan Area to protect the existing and planned undertakings and activities within the existing Midtown TIF District 4. City remain committed to redevelopment along the community’s spine and the Midtown Plan Area plays a crucial role in that commitment 5. City desires to honor the changes of the URA Reform Bill and follow the process and procedure for future TIF districts in the Midtown area Tools and Techniques: 1. Required notice letter sent to property owners within the Midtown Plan Area 2. Meet with SFCBA to discuss proposed modification of plan 3. Inform affected taxing entities of the proposed change – either informally (meeting) or formally (letter) PHASE 2: Required Public Hearing Timeframe: October 9, 2015 to December 1, 2015 Key Messages: 1. Same as above Tools and Techniques: 1. Send formal notice to all residents, business owners, and property owners in the affected area 30 days prior to public hearing 2. Publish date of required public hearing with notice in the Coloradoan 30 days prior to the public hearing 3. Conduct a public hearing as required by statute ATTACHMENT 5 14.5 Packet Pg. 165 Attachment: Public Engagement Plan (3640 : Midtown Plan Changes - Set Public Hearing) - 1 - RESOLUTION 2015-090 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FOR DECEMBER 1, 2015, A NOTICED PUBLIC HEARING FOR THE CITY COUNCIL’S CONSIDERATION OF A RESOLUTION TO SUBSTANTIALLY MODIFY THE MIDTOWN URBAN RENEWAL PLAN WHEREAS, on January 5, 1982, the City Council adopted Resolution 1982-010 establishing the Fort Collins Urban Renewal Authority (the “Authority”) and designating the Council to serve as the Authority’s Board of Commissioners (the “Authority Board”); and WHEREAS, on September 6, 2011, the Council adopted Resolution 2011-081 approving the Midtown Urban Renewal Plan (the “Plan”) in accordance with the Colorado Urban Renewal Law, C.R.S. Sections 31-25-101 , et seq. (the “ Act”); and WHEREAS, the Plan identifies and legally describes approximately 658.5 acres of land as being within the Plan’s boundaries as depicted on the map attached as Exhibit “A” (the “Plan Area”); and WHEREAS, the Plan also established a tax increment financing district within the Plan Area known as "Prospect South,” which district is depicted on Exhibit “A” (the “Prospect TIF District”); and WHEREAS, on May 7, 2013, the Council adopted Resolution 2013-043 in which the Council ratified and reaffirmed the Plan and amended the Plan (the “First Amended Plan”) to establish within the Plan Area a second tax increment financing district known as “Foothills Mall,” which district is depicted on Exhibit “A” (the “Mall TIF District”); and WHEREAS, the Prospect TIF District and the Mall TIF District shall be jointly referred to as the “TIF Districts;” and WHEREAS, on September 8, 2015, the Authority Board adopted Resolution No. 077 submitting to the Council for its future consideration a substantial modification of the First Amended Plan under the Act (the “Authority Resolution”); and WHEREAS, the substantial modification of the First Amended Plan proposed in the Authority Resolution would modify the First Amended Plan in two respects; and WHEREAS, the first modification would amend the wording of the First Amended Plan to clarify that the First Amended Plan identifies and authorizes only one urban renewal project (the “First Modification”); and WHEREAS, under C.R.S. Section 31-25-107(7) the First Modification is not a substantial modification of the First Amended Plan because it will not result in any substantial change in the land area, land use, design, building requirements, timing or procedure of the First Amended Plan; and Packet Pg. 166 - 2 - WHEREAS, the second modification would exclude from the Plan Area the approximately 490.7 acres of land that are currently not located in either of the TIF Districts, which excluded land is depicted on the attached Exhibit “B” (the “Excluded Area”), except that certain portions of South College not in the TIF Districts will remain in the Plan Area in order to connect the two TIF Districts as depicted on Exhibit “B” (the “Second Modification”); and WHEREAS, as a result of the Second Modification, the new area of the First Amended Plan will be reduced to approximately 167.8 acres of land, which area is depicted on Exhibit “B” (the “New Plan Area”); and WHEREAS, since the Second Modification results in a substantial change in the First Amended Plan’s land area, although it will be a decrease and not an increase in land area, under Section 31-25-107(7) the Second Modification is arguably a substantial modification of the First Amended Plan that is subject to the notice and hearing requirements in Section 31-25-107; and WHEREAS, if the First Modification and the Second Modification (jointly, the “Modification”) are together a substantial modification of the First Amended Plan, Section 31- 25-107(2) requires the Council to submit the Modification to the City’s Planning and Zoning Board prior to the Council approving the Modification so that the Planning and Zoning Board can review the Modification and provide its written recommendation to the Council on the sole question of whether the Modification is in conformity with the City’s general plan for development of the City as a whole, which is the City’s comprehensive plan titled “City Plan – Fort Collins” and dated February 15, 2011 (“City Plan”); and WHEREAS, since the Excluded Area and the New Plan Area include within each of them both single- and multiple-family residences, Section 31-25-107(9)(d) arguably permits the Poudre School District (the “School District”) to participate in an advisory capacity concerning the proposed Modification; and WHEREAS, at its October 8, 2015 meeting the Planning and Zoning Board considered the Modification as required by Section 31-25-107(2) and adopted a resolution finding that the Midtown Plan as amended by the Modification is in conformity with City Plan; and WHEREAS, Section 31-25-107(3)(a) requires the Council to set and hold a public hearing on the Modification not less than thirty (30) days after publishing, in a newspaper of general circulation in the City, a notice describing the time, date, place and purpose of the hearing and such notice must generally identify the portions of the Plan Area affected by the Modification and outline the general scope of the Modification; and WHEREAS, Section 31-25-107(4)(c) also requires the Council to make reasonable efforts to provide written notice of that public hearing to all property owners, residents, and owners of business concerns in the Plan Area at their last known address of record at least thirty (30) days before the scheduled hearing and such notice shall contain the information required by Section 31-25-107(3)(a) for the published notice. Packet Pg. 167 - 3 - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The Council’s noticed public hearing required by C.R.S. Section 31-25- 107(3)(a) to consider a resolution approving the Modification is hereby set to be held and conducted at the Council’s December 1, 2015 regular meeting. Section 2. The City Manager is hereby directed to have published in a newspaper having a general circulation in the City a notice for the Modification as required by Section 31- 25-107(3)(a) and to have such notice published no less than thirty (30) days prior to the December 1, 2015 public hearing set in Section 1 above. Section 3. The City Manager is further directed to mail to all property owners, residents, and owners of business concerns in the Plan Area at their last known address of record a notice for the Modification as required by Section 31-25-107(4)(c) and to mail such notices at least thirty (30) days prior to the December 1, 2015 public hearing set in Section 1 above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 168 !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON TROUTMAN LEMAY SWALLOW STOVER LAKE CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY SENECA BOARDWALK HINSDALE STANFORD BROOKWOOD STUART MANHATTAN KEENLAND PITKIN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA HIGHCASTLE WINDMILL SPRING PARK # # # # # # # # # # # # # # # # # # # # # # ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS TROUTMAN REMINGTON LEMAY Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Tom Leeson, Interim Director, Comm Dev & Neighborhood Svrs SUBJECT Resolution 2015-091 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. EXECUTIVE SUMMARY The purpose of this item is to amend the rules of procedure for City Council meetings for review of Additional Permitted Uses and Rezonings of 640 acres or less. The amended rules also provide for the order of items for special Council meetings. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Addition of Permitted Use Process On September 1, 2015 City Council amended the approval process for Additional Permitted Uses (APU) by requiring any application for an APU to be determined by City Council after a recommendation from the Planning and Zoning Board. Currently the Rules of Procedure governing City Council hearings do not address how the Council should conduct quasi-judicial hearings on rezonings of no more than 640 acres or APU applications. This Resolution will establish the rules of procedures for such quasi-judicial hearings. At the October 6, 2015, City Council Work Session, three procedural options were presented for the review of APUs and certain rezonings. Based on the Council’s Work Session discussion, staff is presenting for Council consideration a resolution based on the procedures outlined in the Work Session materials as Option B, which provided a variation to a basic hearing procedure that eliminates the ability for either party (applicant or public) to provide rebuttal. The order of proceedings in Option B is: 1. Staff Presentation 2. Applicant Presentation 3. Public Testimony in Support or Opposition Council further directed staff to add a fourth step in the order of proceedings to allow for clarification questions to be asked by Council of the staff, applicant, or public. Resolution 2015-090 reflects that direction. The process as proposed in the Resolution also provides for resolution of procedural issues as an initial step. 15 Packet Pg. 171 Agenda Item 15 Item # 15 Page 2 Special Council Meeting Procedures Due to the narrow focus of a Special Council meeting, the procedures are being amended to streamline the process. ATTACHMENTS 1. Work Session Summary, October 6, 2015 (PDF) 15 Packet Pg. 172 ATTACHMENT 1 15.1 Packet Pg. 173 Attachment: Work Session Summary, October 6, 2015 (3675 : Council Procedures) - 1 - RESOLUTION 2015-091 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS WHEREAS, the City Council has previously adopted certain Rules of Procedure Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules of Procedure have been amended from time to time by the Council; and WHEREAS, the City Council wishes to further amend the Rules of Procedure to give greater clarity to order of business for Special Council Meetings; and WHEREAS, the Council has discussed multiple times in recent months the process for approvals by Council of Additions of Permitted Uses (“APUs”) and rezonings for areas six hundred forty acres or fewer in size (“Rezonings”) and has requested that revised Rules be presented to specify more clearly the manner in which the presiding officer will conduct these types of items for Council consideration at Council meetings; and WHEREAS, the Rules of Procedure are intended to promote the orderly and efficient conduct of the meetings; and WHEREAS, the City Council believes that such regulations are in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following revised Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions are hereby adopted by the City Council: Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular or special Council meetings shall be conducted in the following order (except as provided in Subsection 1.bc, 1.d or Subsection 1.ce, below): Proclamations and Presentations. (Prior to the meeting) Pledge of Allegiance Call Meeting to Order Roll Call City Manager’s Agenda Review Opportunity for City Council to Pull Consent Items Opportunity for Citizens to Pull Consent Items Citizen Participation Citizen Participation Follow-up Packet Pg. 174 - 2 - Consent Calendar Consent Calendar Follow-up Staff Reports Councilmember Reports Council-Pulled Consent Items Items Needing Individual Consideration Citizen-Pulled Consent Items Other Business Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d or 1.e, below): Pledge of Allegiance Call Meeting to Order Roll Call Citizen Participation Citizen Participation Follow-up Items Needing Individual Consideration Other Business Adjournment bc. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the Code of the City of Fort Collins. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and rezonings of land with an area of six hundred forty acres or less (“Quasi- judicial Rezonings”), pursuant to Land Use Code Section 2.9.4, shall be conducted as follows subject to such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Consideration of any procedural issues; (2) Explanation of the application by City staff; (3) Presentation by the applicant; (4) Public testimony regarding the application; (5) Councilmember questions of City staff, the applicant and other commenters; and (6) Motion, discussion and vote by the City Council. ce. Procedures for conduct of protest hearings or other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. Packet Pg. 175 - 3 - Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular 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 Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight 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 on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if a submittal has been made to initiate the decisionmaking process. b. Comment on Agenda Items. Citizen input will be received with regard to: (i) each item on the discussion agenda; (ii) each item pulled from the consent agenda; and (iii) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. Packet Pg. 176 - 4 - c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may ask those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. Expressions of Support or Opposition. Members of the audience shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”). Such signs or props must be held directly in front of one's body so as not to impede the view of others. Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. Signs or props may not be left unattended anywhere in the Meeting Room or City Hall lobby area. Signs or props attached to sticks, poles, or other objects are prohibited. Packet Pg. 177 - 5 - c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is seated, standing in a side aisle, or standing in the back of the Meeting Room behind all seated persons. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business. Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are based upon Robert’s Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order shall not be mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the Packet Pg. 178 - 6 - City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules MAIN MOTIONS Main motions are used to bring business before the Council for consideration and action. A main motion can be introduced only if no other business is pending. All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. A main motion may be made or seconded by any Councilmember, including the presiding officer. A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. A motion to amend, once seconded, is debatable and may itself be amended once. A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. Once a motion to amend has been seconded and debated, it is decided before the main motion is decided. Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her Packet Pg. 179 - 7 - motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time. Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. Adoption of a motion to lay on the table immediately halts the consideration of a the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. A motion to postpone indefinitely is debatable but not amendable. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules. Packet Pg. 180 - 8 - A “point of order” takes precedence over any pending question out of which it may arise and does not require a second. A “point of order” is not amendable. Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer may consult with the City Attorney or can request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer. When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer. If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” which is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable. The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first. Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. Packet Pg. 181 - 9 - A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. This motion is neither debatable nor amendable. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. A motion to take an item from the table is neither debatable nor amendable. When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion which has already been voted on. A motion to reconsider is in order only if made on the same date that the vote to be reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered. The purpose of reconsidering a vote is to permit the correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. A motion to reconsider is not amendable. The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. A motion to rescind or amend something previously adopted is debatable and amendable. In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these Packet Pg. 182 - 10 - motions can be moved by any member of the Council, regardless of how he or she voted on the original question. The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action. In order to modify an adopted ordinance, Council must adopt a new ordinance making the desired modification, in compliance with all formalities applicable to adoption of an ordinance. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 1. Motion to Adjourn. Generally the presiding officer adjourns the meeting at his or her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time. A motion to adjourn requires a second. A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending. An unconditional, privileged motion to adjourn takes precedence over most other motions. The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting. A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary Packet Pg. 183 - 11 - and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. After a recess, the meeting resumes when the presiding officer has called the meeting back to order. Section 2. That the foregoing Rules of Procedure shall supersede all previous rules of procedure that have heretofore have been adopted by the City Council including, Resolution 2015-023. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 184 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT Second Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 6, 2015 (Campana recused) appropriates $1,300,000 of prior year reserves from the Building on Basics Fund and appropriates $200,000 of prior year reserves from the Street Oversizing Fund into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation allows staff to finalize the design and construction of safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (PDF) 2. Ordinance No. 125, 2015 (PDF) 16 Packet Pg. 185 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $1,300,000 of prior year reserves from the Building on Basics Fund and appropriate $200,000 of prior year reserves from the Street Oversizing Fund (total appropriation of $1,500,000) into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation will allow staff to finalize the design and construction of: safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The “Timberline Road-Drake Road to Prospect Road” was one of the original Building on Basics (BOB) projects approved in 2005. A good portion of the corridor improvements were completed through a special improvement district (SID); the remainder of the improvements were moved to the later years of BOB. In order to bring the street up to current standards, improve safety, reduce congestion, and satisfy the voter- approved ballot language, the following items need to be constructed: Sidewalk, curb and gutter along the west side of Timberline (Prospect to Bear Mountain); Landscaped medians and parkways on the rest of Timberline (Prospect to Blackbird); Landscaped medians on Prospect; and Right turn lane improvements and pork chop islands at the Timberline and Prospect intersection. In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study which classified the Timberline and Prospect intersection as a top-ranked location for needed safety and operational improvements. This project has been before Council on multiple occasions as staff has worked through the design and right-of-way acquisition phases: Ordinance No. 181, 2013 (Declaring City Owned Property as Road Right-of-Way); and Ordinance No. 043, 2015 (Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road Intersection Improvements Project). ATTACHMENT 1 16.1 Packet Pg. 186 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3667 : SR 125 Timberline Prospect Intersection) Agenda Item 10 Item # 10 Page 2 The additional funding will allow staff to construct the plan as currently designed. The project components, as listed above, meet all of the BOB ballot language and are essential elements needed to accomplish the long- term operational and safety benefits at this intersection. CITY FINANCIAL IMPACTS This Council action will authorize the appropriation of prior year reserves from the BOB Fund and appropriating prior year reserves in the Street Oversizing Fund, and authorizing the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” improvement project, and transferring appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. Staff has identified two funding sources to make up the project shortfall of $1,500,000. The first funding source is from the available BOB quarter-cent sales tax; the second funding source is from prior year reserves in the Street Oversizing Fund. The table below summarizes the existing and requested funding for the project: Funding Summary Prior Appropriation from BOB (2005) $3,500,000 New Appropriation of Prior Year Reserves from BOB $1,300,000 New Appropriation of Prior Year Reserves from Street Oversizing Fund $ 200,000 TOTAL $5,000,000 One percent (1%) of the $1.3 million BOB appropriation ($13,000) will be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program. Of the $13,000 APP contribution, $10,140 will be reserved for the APP artwork and $2,860 reserved for the maintenance of the artwork and operations of the APP program. Short and long term economic benefits of the intersection and corridor enhancements: Safety improvements resulting in fewer accidents; Easing of traffic congestion resulting in reduced fuel consumption; Optimization of signal timing to reduce vehicle delay resulting in improved air quality; and Decrease in accident and delay costs (as calculated per the Highway Safety Manual) PUBLIC OUTREACH Staff is currently working on a detailed Communication and Public Outreach Plan. Implementation of the Plan will begin in early 2016 and go through the end of construction. Key elements of the Plan include the project purpose, infrastructure changes and construction timeline. The Plan will tailor specific communication tools to the traveling public, business owners and local neighborhoods/schools. Additionally, during the conceptual design phase, Staff developed a website for the project. This website will be kept current with design and construction information. <http://www.fcgov.com/engineering/prospect-timberline.php> ATTACHMENTS 1. Location map (PDF) 2. Sustainability Assessment Summary and Tool (PDF) 16.1 Packet Pg. 187 Attachment: First Reading Agenda Item Summary, October 6, 2015 (w/o attachments) (3667 : SR 125 Timberline Prospect Intersection) - 1 - ORDINANCE NO. 125, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL PROJECT FUND FOR THE BUILDING ON BASICS INTERSECTION IMPROVEMENTS AND THE STREET OVERSIZING FUND INTO THE CAPITAL PROJECTS FUND FOR THE TIMBERLINE ROAD - DRAKE ROAD TO PROSPECT ROAD IMPROVEMENT PROJECT AND THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2011, the Engineering Department completed an Arterial Intersection Priority Study which classified the Timberline and Prospect intersection as a top priority for needed safety and operational improvements; and WHEREAS, in 2013, the budget for the project was established as part of the Building on Basics (BOB) Intersection Improvements Project; and WHEREAS, the project will be constructed in 2016; and WHEREAS, between conceptual planning in 2013 and construction in 2016, construction prices will have risen between 30% to 50%; and WHEREAS, due to escalating construction costs, additional funds in the amount of $1,300,000 from available prior year reserves BOB taxes in the Capital Projects Fund and $200,000 of available prior year reserves in the Street Oversizing Fund have been identified by City staff to be used for the project; and WHEREAS, one percent of the appropriation for the construction project, ($13,000) must be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with $10,140 reserved for the APP artwork project and $2,860 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund or the Street Oversizing Fund to exceed the current estimate of actual and anticipated revenues during fiscal year 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 16.2 Packet Pg. 188 Attachment: Ordinance No. 125, 2015 (3667 : SR 125 Timberline Prospect Intersection) - 2 - Section 1. That there is hereby appropriated from prior year reserves in the Capital Projects Fund the sum of ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) for expenditure in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project. Section 2. That there is hereby appropriated from prior year reserves in the Street Oversizing Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) and is authorized for transfer to and expenditure in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project. Section 3. That the unexpended appropriated amount of TEN THOUSAND ONE HUNDRED FORTY DOLLARS ($10,140) in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of TWO THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($2,860) in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 16.2 Packet Pg. 189 Attachment: Ordinance No. 125, 2015 (3667 : SR 125 Timberline Prospect Intersection) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Clay Frickey, Associate Planner SUBJECT Resolution 2015-088 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Wood Street Second Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate the annexation process for the Wood Street Second Annexation. This is a City-initiated request to annex a 16.267 acre parcel at 832 Wood Street, owned by Jeffrey Lebesch, into the City of Fort Collins. The parcel became an enclave with the annexation of the Pateros Creek subdivision on September 18, 2012. As of September 18, 2015, the City is authorized to initiate and annex the enclave in accordance with State Statute 31-12-106. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Wood Street Second Annexation abuts the City of Fort Collins Utilities building to the north. The requested zoning for this annexation is the Urban Estate (U-E) zone district, which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. The surrounding properties are existing residential, office, park, and light industrial land uses in the City of Fort Collins. The proposed Resolution makes a finding that the property at issue has been completely contained within the boundaries of the City of Fort Collins for not less than three years, initiates annexation proceedings and directs that notice be given of the hearing by the City Clerk. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. This is an enclave annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to state law. Wood Street Second Annexation was put into an enclave upon the annexation of the Pateros Creek subdivision on September 18, 2012. Per State Statute 31-12-106, municipalities may initiate an annexation proceeding for unincorporated areas that are contained entirely within the boundary of the municipality if said area has been so surrounded for three years. As of September 18, 2015, the City of Fort Collins is authorized to initiate and annex the parcel located at 832 Wood Street. 17 Packet Pg. 190 Agenda Item 17 Item # 17 Page 2 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on October 29, 2015. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on December 1, 2015. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with state statutes. ATTACHMENTS 1. Vicinity Map (PDF) 2. Current Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Proposed Zoning (PDF) 5. Powerpoint presentation (PDF) 17 Packet Pg. 191 ATTACHMENT 1 17.1 Packet Pg. 192 Attachment: Vicinity Map (3653 : Wood Street Second Annexation) ATTACHMENT 2 17.2 Packet Pg. 193 Attachment: Current Zoning Map (3653 : Wood Street Second Annexation) ATTACHMENT 3 17.3 Packet Pg. 194 Attachment: Structure Plan Map (3653 : Wood Street Second Annexation) NSherwood S t N Whitcomb St Elm St N Loomis Ave Park St Harts Gardens Ln W V ine Dr Elm Ct Elm S t N Grant Ave W o o d St Griffin Pl Park St Hemlock St Peregoy F arms Way Sunfish Pond McMurry Pond Cache la Poudre River LMN CS CL UE LMN NCM RC E POL POL POL Lee Martinez Community Park Wood Street Second Annexation © Proposed Zoning 1 inch = 333 feet Site UE ATTACHMENT 4 17.4 Packet Pg. 195 Attachment: Proposed Zoning (3653 : Wood Street Second Annexation) Wood Street Second Annexation Initiating Resolution 10-20-15 Clay Frickey ATTACHMENT 5 17.5 Packet Pg. 196 Attachment: Powerpoint presentation (3653 : Wood Street Second Annexation) Overview • Involuntary annexation • Enclave created in September 2012 • City initiating annex for energy project • Use cool air from lake bottom for climate control at Utilities building • Proposed zoning is Urban Estate (U-E) 2 17.5 Packet Pg. 197 Attachment: Powerpoint presentation (3653 : Wood Street Second Annexation) Context • Owner - Jeffrey Lebesch • Annexation = 16.267 acres 3 17.5 Packet Pg. 198 Attachment: Powerpoint presentation (3653 : Wood Street Second Annexation) Structure Plan • Structure plan calls for Open Lands, Parks, and Water Corridors 4 17.5 Packet Pg. 199 Attachment: Powerpoint presentation (3653 : Wood Street Second Annexation) Proposed Zoning Northwest Subarea Plan proposes Urban Estate (U-E) zoning 5 17.5 Packet Pg. 200 Attachment: Powerpoint presentation (3653 : Wood Street Second Annexation) - 1 - RESOLUTION 2015-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE WOOD STREET SECOND ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three (3) years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, the Council of the City of Fort Collins intends to annex the following described property, to be known as the Wood Street Second Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO BEAR N89°14'45"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 13155, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 2, N00°40'54"E, A DISTANCE OF 342.30 FEET TO THE NORTHEAST CORNER OF THE SERVICE CENTER ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID SERVICE CENTER ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. N85°40'18"W, A DISTANCE OF 953.72 FEET; 2. N65°32'18"W, A DISTANCE OF 86.02 FEET TO THE SOUTHEAST CORNER OF THE DUFFY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST AND NORTH LINES OF SAID DUFFY ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. N00°46'42"E, A DISTANCE OF 227.38 FEET; Packet Pg. 201 - 2 - 2. N89°13'18"W, A DISTANCE OF 242.84 FEET TO A POINT ON THE EAST LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°46'42"E, A DISTANCE OF 322.95 FEET TO A POINT ON THE SOUTH LINE OF THE WOOD STREET ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, S89°17'17"E, A DISTANCE OF 1,272.42 FEET TO A POINT ON THE WEST LINE OF THE PLAT OF THE TOWN OF FORT COLLINS, ALSO BEING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG SAID WEST LINE, S00°40'54"W, A DISTANCE OF 645.41 FEET TO THE POINT OF BEGINNING. CONTAINING 708,577 SQUARE FEET (16.267 ACRES), MORE OR LESS Section 2. That the Council hereby initiates annexation proceedings for the above- described property. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 202 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Wood Street Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. This is an enclave annexation. That, on December 1, 2015, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation and zoning for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation as an enclave and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. It is proposed that the Property included in the Annexation be placed in the Urban Estate (“U-E”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this _____ day of _______________, A.D. 2015. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 203 Attachment: Exhibit A (3641 : Wood Street Second Annexation - RESO) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Tyler Marr, Graduate Management Assistant SUBJECT First Reading of Ordinance No. 134, 2015, Making Certain Amendments to Section 17-142 of the Code of the City of Fort Collins Related to Public Nudity. (Option 1 or Option 2) EXECUTIVE SUMMARY The purpose of this item is to bring forth two potential options to the current City Code provisions concerning public nudity for consideration in light of recent citizen concerns regarding the prohibition on female toplessness in Fort Collins. Both options would update the section of the Code to read as “Public Nudity” rather than “Public Indecency.” Both options also include exceptions to the provisions for young children, changing areas, medical situations, and performance venues. Option 1 would keep the provision in the Code that does not allow for female toplessness, while adding exceptions, including an exception for breastfeeding mothers. Option 2 would update the Code provisions by allowing female toplessness within the City and specifically prohibiting all nudity below the waist for both sexes, with certain limited exceptions. STAFF RECOMMENDATION Staff has no recommendation. BACKGROUND / DISCUSSION The current public indecency code reads as follows (Sec 117-142): “No person shall knowingly appear in any public place in a nude state or state of undress such that the genitals or buttocks of either sex or the breast or breasts of a female are exposed.” In light of recent citizen concerns regarding the prohibition of female toplessness, Council requested that staff draft new options for consideration. The following two options change the term “indecency” to “nudity,” define the public places in which nudity is prohibited, and provide exceptions for various situations, which include: Young children (under 10) Bona fide medical examinations or emergencies Changing areas The differences between the ordinances are that one leaves the distinction in place between males and females, keeping it illegal for females to be topless in public, but provides for protections that do not currently exist, while the other removes reference to the specific sexes and allows for all toplessness within the City. Option 1: - Maintain Current Standards while Providing Exceptions This Option would update the City Code by providing exceptions of the Code provisions for: 18 Packet Pg. 204 Agenda Item 18 Item # 18 Page 2 Breastfeeding mothers Young children (under ten) Those undergoing bona fide medical examinations or emergencies Those in changing areas or other places where nudity is explicitly allowed. Option 1 adds a definition of “public place,” and keeps the language in the Code that prohibits the display of female breasts. Option 2: - Remove Prohibition of Female Toplessness This Option would remove the language in the City Code pertaining to female breasts. It outlines that no person may be nude below the waist by stating the specific body parts that are to remain covered. This Ordinance also adds exceptions for: Young children (under 10) Bona fide medical examinations or emergencies Changing areas Option 2 also adds a definition of “public place”. This Option would update the Code to be similar to the City of Boulder, which also allows for both male and female breasts to be exposed. The following is a chart depicting prohibition on toplessness in other local jurisdictions: Cities Topless Prohibitions Boulder None Colorado Springs Exposure of female breasts with the element of intent to arouse or alarm Denver None Greeley Lewd exposure, including the breasts of either sex, and the element of intent to arouse or alarm Loveland Female breasts below the top of the nipple It is important to note that the state law is as follows: C.R.S. Section 18-7-301. Public indecency. (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency: (a) An act of sexual intercourse; or (b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.) (c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or (d) A lewd fondling or caress of the body of another person; or (e) A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person. (2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense. (b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if 18 Packet Pg. 205 Agenda Item 18 Item # 18 Page 3 the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance. (3) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.) The State’s definition of “intimate parts” in Section 18-3-401(2) is as follows: “Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.” BOARD / COMMISSION RECOMMENDATION Both the Women’s Commission and the Human Relations Commission have provided input regarding this item and have decided to support elimination of the current prohibition on public exposure of the female breast. A memo from the HRC is provided detailing its reasoning (Attachment 1). PUBLIC OUTREACH Public outreach was conducted in the form of an online survey that was available from October 5th to October 12th. The primary goal of this survey was to gauge which option responding citizens were most in favor of and gather demographic information about them. The results of the survey are attached to this document (Attachment 2). Major themes of the comments that were generated from the survey are also attached. (Attachment 3) . A complete compilation of the comments can be found at fcgov.com/toplessresults The survey was promoted through press release, the City’s website, and social media. ATTACHMENTS 1. HRC Recommendation (PDF) 2. Public Nudity Input Comment Themes (PDF) 3. Public Input Poll Summary Report (PDF) 4. Powerpoint presentation (PDF) 18 Packet Pg. 206 October 9, 2015 To: Mayor Wade Troxell Council Members: Gino Campana, Ross Cunniff, Gerry Horak, Ray Martinez, Bob Overbeck, Kristin Stephens From: Fort Collins Human Relations Commission Re: Updating Municipal Code 17-142: Public Indecency Ordinance The Current Ordinance: No person shall knowingly appear in any public place in a nude state or state of undress such that the genitals or buttocks of either sex or the breast or breasts of a female are exposed. Members of the HRC believe this ordinance would be more inclusive by not addressing gender and therefore not suggesting limits to gender categories but instead relying on the word person to indicate that everyone is affected equally. On October 8, 2015, members of the Human Relations Commission unanimously voted to encourage City Council to make one of the following changes to the ordinance: 1. Delete the following words from the current ordinance: …of either sex or the breast or breasts of a female…so the ordinance would read: No person shall knowingly appear in any public place in a nude state or state of undress such that the genitals or buttocks are exposed. OR 2. Change the ordinance so it is similar to Colorado Revised Statute 18-7-301 (2015). (Statute 18-7-301 and the meaning of intimate parts as defined in statute 18-3-401 are attached.) ATTACHMENT 1 18.1 Packet Pg. 207 Attachment: HRC Recommendation (3645 : Public Nudity) COLORADO REVISED STATUTES TITLE 18. CRIMINAL CODE ARTICLE 7. OFFENSES RELATING TO MORALS PART 3. PUBLIC INDECENCY C.R.S. 18-7-301 (2015) 18-7-301. Public indecency (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency: (a) An act of sexual intercourse; or (b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.) (c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or (d) A lewd fondling or caress of the body of another person; or (e) A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person. TITLE 18. CRIMINAL CODE ARTICLE 3. OFFENSES AGAINST THE PERSON PART 4. UNLAWFUL SEXUAL BEHAVIOR C.R.S. 18-3-401 (2015) 18-3-401. Definitions (2) "Intimate parts" means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person. 18.1 Packet Pg. 208 Attachment: HRC Recommendation (3645 : Public Nudity) Comment Themes from Public Nudity Public Input 1. Allowing female toplessness threatens the family friendly status of Fort Collins/ I would consider moving if passed/ challenging to raise children as desired 2. Why doesn’t the City consider prohibiting men from being topless as well? 3. Modernize/21st Century America has no place for discrimination/ “Get with the times” 4. What a waste of time/”Doesn’t the City have more pressing issues or better things to do?” ATTACHMENT 2 18.2 Packet Pg. 209 Attachment: Public Nudity Input Comment Themes (3645 : Public Nudity) / '+"$ '*(& 0 ""$ *+## 1 (#$ %( 2 ! 6-- ! 6-- !'" Items related to Public Nudity 10-20-15 Tyler Marr ATTACHMENT 4 18.4 Packet Pg. 214 Attachment: Powerpoint presentation (3645 : Public Nudity) Background • Citizen concerns about gender equality of existing public indecency ordinance • Two options for updating • Enhanced status quo • Removal of prohibition of female toplessness • Online public opinion poll from October 5-12 2 18.4 Packet Pg. 215 Attachment: Powerpoint presentation (3645 : Public Nudity) Public Input 3 • Input received from Women’s Commission and Human Relations Commission • Online poll • 8,800 responses; 6,800 unique IP addresses 18.4 Packet Pg. 216 Attachment: Powerpoint presentation (3645 : Public Nudity) 59% 39% 2% Of the Update Options, Which do you Most Support? Maintain Policy, Provide Breastfeeding Exception Allow Women to be Topless Uncertain 4 *Only includes unique IP addresses 18.4 Packet Pg. 217 Attachment: Powerpoint presentation (3645 : Public Nudity) Comment Themes • Concerns about family values/modesty if female toplessness is allowed • What about making men cover up chests? • “Get with the times”/Modernize • “Doesn’t the City have better things to do?” 5 18.4 Packet Pg. 218 Attachment: Powerpoint presentation (3645 : Public Nudity) 6 Option Overview • Both options make exceptions: – Young children – Performance venues – Changing areas – Medical emergencies • Both options change language from indecency to nudity 18.4 Packet Pg. 219 Attachment: Powerpoint presentation (3645 : Public Nudity) Option 1 Enhanced Status Quo • Keeps language intact that does not allow for females to be topless in public • Adds exception for breastfeeding mothers 7 18.4 Packet Pg. 220 Attachment: Powerpoint presentation (3645 : Public Nudity) Option 2 Allow Female Toplessness • Specifically outlines what is prohibited – all nudity below the waist • Removes code provision pertaining to female breasts 8 18.4 Packet Pg. 221 Attachment: Powerpoint presentation (3645 : Public Nudity) Ordinance No. 134 Options 1. Option 1 - maintain current language that does not allow for female toplessness, but provide for breastfeeding exception 2. Option 2 - change language in the public nudity code provision to remove mention of female breasts and allow for female toplessness 9 18.4 Packet Pg. 222 Attachment: Powerpoint presentation (3645 : Public Nudity) - 1 - OPTION 1 ORDINANCE NO. 134, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO SECTION 17-142 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO PUBLIC NUDITY WHEREAS, some citizens have expressed concerns regarding the current prohibition of the exposure of the female breast in public places in the City; and WHEREAS, City staff has conducted public outreach, including an online survey, to inquire whether the majority of the citizens of Fort Collins have similar concerns about such prohibition; and WHEREAS, City Council has carefully considered the information obtained from the public outreach and provided by staff and other sources, and believes that there is strong public support and desire to retain the current prohibition; and WHEREAS, in light of such information, City Council finds it to be in the best interest of the public to maintain the current prohibition of the exposure of the female breast in public and to exclude from this prohibition children under ten years of age and breastfeeding mothers; and WHEREAS, City Council also finds it to be in the public interest to retain the prohibition on intentional exposure of any portion of the genitals or buttocks in public places and to add provisions excluding from this prohibition children under ten years of age, persons undergoing bona fide medical examinations or emergencies and persons in changing areas or other places designated for changing clothes or where nudity is explicitly allowed; and WHEREAS, the City Council has determined that the City Code amendments set forth herein 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 Council hereby adopts the foregoing recitals as its findings and conclusions. Section 2. That Section 17-142 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-142. Public indecency nudity. (a) No person who is ten (10) years of age or older shall knowingly appearintentionally expose any portion in any public place in a nude state or state of undress such that theof his or her genitals or buttocks of either sex or the breast or breasts of a female are exposedwhile that person is located:. Packet Pg. 223 - 2 - (1) in a public right-of-way, in a natural area, recreation area or trail, or recreation center, in a public building, in a public square, or while located in any other public place; or (2) on private property if the person is in a place that can be viewed from the ground level by another who is located on public property and who does not take extraordinary steps, such as climbing a ladder or peering over a screening fence, in order to achieve a point of vantage. (3) As used in this Section, public place shall mean a place to which the public or a substantial number of the public has access, and includes but it not limited to highways including sidewalks, transportation facilities, school, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, and shall not include any theater, concert hall, museum, school or similar establishment to the extent the same is serving as a performance venue. (b) No female who is ten (10) years of age or older shall knowingly appear in any public place with her breast exposed while located: (1) in a public right-of-way, in a natural area, recreation area or trail, or recreation center, in a public building, in a public square, or while located in any other public place; or (2) on private property if the person is in a place that can be viewed from the ground level by another who is located on public property and who does not take extraordinary steps, such as climbing a ladder or peering over a screening fence, in order to achieve a point of vantage. (3) Public place in this Section shall be defined as in Section (a)(3) above. (c) The prohibition in subsection (a) does not extend to: (1) persons undergoing bona fide emergency medical examinations or treatment; or (2) persons located in dressing rooms, shower rooms, bathrooms, or in other enclosed areas specifically designated for changing clothes or in which nudity is explicitly permitted; or (d) The prohibition in subsection (b) does not extend to women breastfeeding in places they are legally entitled to be. Packet Pg. 224 - 3 - Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 225 - 1 - OPTION 2 ORDINANCE NO. 134, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO SECTION 17-142 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO PUBLIC NUDITY WHEREAS, some citizens have expressed concerns regarding the current prohibition of the exposure of the female breast in public places in the City; and WHEREAS, City staff has conducted public outreach, including an online survey, to inquire whether the majority of the citizens of Fort Collins have similar concerns about such prohibition; and WHEREAS, the outreach suggests that there is a desire in the community to eliminate the prohibition on exposure of the female breast in public; and WHEREAS, the Women’s Commission discussed this issue at its meeting on September 16, 2015, and the consensus of the Commission was to support elimination of the current prohibition on exposure of the female breast in public; and WHEREAS, the Human Relations Committee considered this issue at its meeting on October 8, 2015, and decided to support elimination of the current prohibition on exposure of the female breast in public; and WHEREAS, in light of such information, City Council desires to eliminate the current prohibition of the exposure of the female breast in public; and WHEREAS, City Council further finds it to be in the public interest to retain the current prohibition on appearing in a nude state or state of undress such that the genital or buttocks of either sex is exposed, and add exceptions to such prohibitions of for children under ten years of age, persons undergoing bona fide medical examinations or emergencies, and persons in changing areas or other places designated for changing clothes or where nudity is explicitly allowed; and WHEREAS, the City Council has determined that the City Code amendments set forth herein are in the best interests 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 adopts the foregoing recitals as its findings and conclusions. Section 2. That Section 17-142 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 226 - 2 - Sec. 17-142. Public indecency nudity. No person shall knowingly appear in any public place in a nude state or state of undress such that the genitals or buttocks of either sex or the breast or breasts of a female are exposed. (a) No person who is ten years of age or older shall intentionally expose any portion of his or her genitals or buttocks while that person is located: (1) in a public right-of-way, in a natural area, recreation area or trail, or recreation center, in a public building, in a public square, or while located in any other public place; or (2) on private property if the person is in a place that can be viewed from the ground level by another who is located on public property and who does not take extraordinary steps, such as climbing a ladder or peering over a screening fence, in order to achieve a point of vantage. (3) As used in this Section, public place shall mean a place to which the public or a substantial number of the public has access, and includes but it not limited to highways including sidewalks, transportation facilities, school, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, and shall not include any theater, concert hall, museum, school or similar establishment to the extent the same is serving as a performance venue. (b) This prohibition does not extend to: (1) persons undergoing bona fide emergency medical examinations or treatment; or (2) persons located in dressing rooms, shower rooms, bathrooms, or in other enclosed areas specifically designated for changing clothes or in which nudity is explicitly permitted. Packet Pg. 227 - 3 - Introduced, considered favorably on first reading, and ordered published this 20th day of October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of November, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 228 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Resolution 2015-092 Appointing Three Councilmembers to Serve on an Ad Hoc Council Committee to Study and Consider Election Code Changes. EXECUTIVE SUMMARY The purpose of this item is to appoint three City Councilmembers to the ad hoc Election Code Changes Council Committee. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In the last several years state election rules, laws, policies and procedures have been significantly amended. Staff has been following these changes and discussing which local municipal election laws might need to be examined. Additionally, since the April 2015 municipal election, staff has been reviewing the City’s Election Code and Charter for possible updates and changes (as a part of the Plan-Do-Check-Act model). There are multiple and complex possibilities requiring thoughtful discussions to determine the impacts to the community. Council has agreed to appoint three Councilmembers to an ad hoc committee to review, discuss and recommend the most beneficial changes to Chapter 7 of the City Code and Article VIII of the Charter regarding elections. It is anticipated that the committee will meet 2 – 4 times in November and December to discuss the proposed amendments. The recommendations of the ad hoc committee will be brought forward at the January 12 Work Session. ATTACHMENTS 1. Powerpoint presentation (PDF) 19 Packet Pg. 229 Ad Hoc Council Committee Election Code Changes Proposed changes based on: 1. State Legislative Actions 2. Plan-Do-Check-Act 1 ATTACHMENT 1 19.1 Packet Pg. 230 Attachment: Powerpoint presentation (3648 : Council Committee-Election Chgs) Ad Hoc Council Committee Election Code Changes • Staff recommends the adoption of the resolution appointing three Councilmembers to an ad hoc committee • Committee would meet 2 – 4 times in November and December • Recommendations presented to full City Council at January 12 Work Session 2 19.1 Packet Pg. 231 Attachment: Powerpoint presentation (3648 : Council Committee-Election Chgs) - 1 - RESOLUTION 2015-092 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING THREE COUNCILMEMBERS TO SERVE ON AN AD HOC COUNCIL COMMITTEE TO STUDY AND CONSIDER ELECTION CODE CHANGES WHEREAS, over the last several years, state election rules, laws, policies and procedures have been significantly amended; and WHEREAS, City staff has reviewed these changes and discussed which local election laws might need to be changed; and WHEREAS, because there are multiple and complex possibilities requiring significant discussion to determine the impact of these election changes on our community, City Council desires to appoint three Councilmembers to an ad hoc committee to review, discuss and recommend the most beneficial changes to Chapter 7 of the City Code and Article VIII of the City Charter regarding elections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby appoints Councilmembers _______, ________, and _______ to an ad hoc committee to review recent changes in relevant election rules, laws, policies and procedures and to make recommendations of possible City Code and City Charter changes for further discussion by the City Council at its January 12, 2016 Work Session. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 232 18.3 Packet Pg. 213 Attachment: Public Input Poll Summary Report (3645 : Public Nudity) - ! ! - 6 ! " # $ 6 - %(&$ % " " '%#$ & ' !*$ / 6 5 - 6 - %(&$ "'(% 4 6 6 '%#$ '&+ - !*$ !(+ , +#' , +#' 78 6 . 9 78 6 . 9 78 6 . 9 78 6 . 9 18.3 Packet Pg. 212 Attachment: Public Input Poll Summary Report (3645 : Public Nudity) - "%$ *&& , ++*" , ++*" '3 "%$ '('$ !&($ !'$ '&$ "!" "%$ '+% !%'" '('$ !%+% '%"( !&($ !"# "( !'$ ++% 2 - '&$ '*' , ++#! , ++#! !##*+!( 4 '!" % /5 "(( *1- 18.3 Packet Pg. 211 Attachment: Public Input Poll Summary Report (3645 : Public Nudity) !"#$ !%$ !&#$ !'($ ) !"#$ !!*# ) !%$ ++& !&#$ !"&+ !'($ !(% , +#"( , +#"( ! -. '+"$ ""$ (#$ "%$ ATTACHMENT 3 18.3 Packet Pg. 210 Attachment: Public Input Poll Summary Report (3645 : Public Nudity) STOVER SWALLOW LAKE STUART CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY HINSDALE STANFORD BOARDWALK BROOKWOOD MANHATTAN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA WINDMILL SPRING PARK STOVER STOVER STUART PARKWOOD Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend #### ####New Plan Area Excluded Area Fort Collins Urban Renewal Authority Proposed Plan Area Boundry - Midtown EXHIBIT B Packet Pg. 28 Attachment2: Exhibit B (3540 : URA-Modify Midtown Plan Area RESO) 2 Packet Pg. 170 Attachment: Exhibit B (3671 : Midtown Plan Changes - Setting Public Hearing RESO) STOVER STUART STOVER Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend Foothills Mall Boundary !!!! !!!!Prospect South Boundary Fort Collins Urban Renewal Authority Existing Plan Area Boundry - Midtown EXHIBIT A 1 Packet Pg. 169 Attachment: Exhibit A (3671 : Midtown Plan Changes - Setting Public Hearing RESO) STOVER SWALLOW LAKE STUART CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY HINSDALE STANFORD BOARDWALK BROOKWOOD MANHATTAN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA WINDMILL SPRING PARK STOVER STOVER STUART PARKWOOD Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend #### ####New Plan Area Excluded Area Fort Collins Urban Renewal Authority Proposed Plan Area Boundry - Midtown EXHIBIT B Packet Pg. 28 Attachment2: Exhibit B (3540 : URA-Modify Midtown Plan Area RESO) 14.3 Packet Pg. 160 Attachment: URA Resolution No. 077 (3640 : Midtown Plan Changes - Set Public Hearing) STOVER STUART STOVER Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend Foothills Mall Boundary !!!! !!!!Prospect South Boundary Fort Collins Urban Renewal Authority Existing Plan Area Boundry - Midtown EXHIBIT A 14.3 Packet Pg. 159 Attachment: URA Resolution No. 077 (3640 : Midtown Plan Changes - Set Public Hearing) STOVER STUART STOVER Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend Foothills Mall Boundary ! ! ! ! ! ! ! ! ! ! ! ! Prospect South Boundary Existing Fort Collins Plan Urban Area Boundary Renewal Authority - Midtown ATTACHMENT 1 14.1 Packet Pg. 153 Attachment: Map - Existing Plan Area (3640 : Midtown Plan Changes - Set Public Hearing) N Whitcomb St C a j e tan S t 10th St Canyon Ave O s i a nde r S t Cowan St N Meldrum St S Mason St Jerome St Colorado St Main St Walnut St H o ffm an Mil l Rd P a scal S t O v al D r Endicott St S Sherwood St 11th St Mull e i n D r Sycamore St Bellflower Dr East Dr Frontage Rd E Laurel St Woo d l awn D r Lesser Dr West Dr Pine St E Magnolia St Lilac Ln Duff Dr Lupine Dr Martinez St N Mason St El m St W Plum St Trujillo St Mas o n Ct Rivend a l Dr Lopez Ct Eastdal e D r Poudre River Dr Li n d e n Ce n ter Dr Rembrandt Dr Locust Ct Baum St Kenroy Ct Pine St Frontage Rd E Laurel St E Magnolia St Downtown Development Authority Boundary Parcels DDA Boundary Amended: September 17, 2013 Printed: November 07, 2013 1 inch = 1,320 feet . 0 0.125 0.25 0.5 Miles ATTACHMENT 1 8.1 Packet Pg. 101 Attachment: DDA Boundary map (3655 : DDA Appropriation) N Whitcomb St C a j e tan S t 10th St Canyon Ave O s i a nde r S t Cowan St N Meldrum St S Mason St Jerome St Colorado St Main St Walnut St H o ffm an Mil l Rd P a scal S t O v al D r Endicott St S Sherwood St 11th St Mull e i n D r Sycamore St Bellflower Dr East Dr Frontage Rd E Laurel St Woo d l awn D r Lesser Dr West Dr Pine St E Magnolia St Lilac Ln Duff Dr Lupine Dr Martinez St N Mason St El m St W Plum St Trujillo St Mas o n Ct Rivend a l Dr Lopez Ct Eastdal e D r Poudre River Dr Li n d e n Ce n ter Dr Rembrandt Dr Locust Ct Baum St Kenroy Ct Pine St Frontage Rd E Laurel St E Magnolia St Downtown Development Authority Boundary Parcels DDA Boundary Amended: September 17, 2013 Printed: November 07, 2013 1 inch = 1,320 feet . 0 0.125 0.25 0.5 Miles ATTACHMENT 1 7.1 Packet Pg. 91 Attachment: DDA Boundary map (3657 : DDA Budget)