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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 11/01/2016 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting November 1, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring November as American Music Month. B. Proclamation Declaring November as "the Month of Movember". C. Proclamation Declaring November 10, 2016 as "Path to Healing for At-Risk Children" Day. D. Proclamation Declaring November as Homelessness 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 beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the October 4, 2016 Regular City Council Meeting. The purpose of this item is to approve the minutes from the October 4, 2016, Regular Council meeting. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. This Ordinance unanimously adopted on First Reading on October 18, 2016, authorizes the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek previously identified as the location of a City Water Quality Pond in the 2013 Water Quality Master Plan. The Pond will handle flows from both entities. 3. Second Reading of Ordinance No. 116, 2016, Appropriating Unanticipated Revenue in the General Fund to Be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. This Ordinance, unanimously adopted on First Reading on October 18, 2016, refunds the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2015 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $10,906 in 2015 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. 4. First Reading of Ordinance No. 118, 2016, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2017 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2017. 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 $1,665,408 DDA Operations & Maintenance $ 835,283 Revolving Line of Credit Draws $2,450,000 DDA Debt Service Fund $4,938,036 The Ordinance sets the 2017 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 2017. 5. First Reading of Ordinance No. 119, 2016, Adopting the 2017 Budget and Appropriating the Fort Collins Share of the 2017 Fiscal Year Operating and Capital Funds for the Northern Colorado Regional Airport. The purpose of this item is to appropriate the City of Fort Collins’ 50% share of the Northern Colorado Regional Airport budget. The Airport’s total budget is comprised of an operating budget and a capital budget. The 2017 annual operating budget is $1,099,030, and will be funded using Airport operating revenues and non-operating revenues derived through contributions from the Cities of Fort Collins and Loveland ($260,000 from each City). The proposed capital budget is $1,493,302, and is funded through federal grants, state grants, and Airport operating revenue. This Ordinance appropriates the City of Fort Collins 50% share of the 2017 Airport operating budget, which totals $549,515 and the City of Fort Collins 50% share of the 2017 capital budget which totals $746,651. The City of Loveland will be appropriating the other 50%. The Airport operating budget is City of Fort Collins Page 4 used to maintain and operate the Airport in compliance with all regulatory standards for safety and security and to achieve the Council-approved Airport Strategic Plan. The Airport capital budget will be used to complete Airport improvement projects including runway and taxiway rehabilitation and preservation, taxiway sign safety modifications, an Airport Master Plan update, and acquisition of snow removal equipment. 6. Items Relating to Various Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to Utilities - Fall 2016. A. First Reading of Ordinance No. 120, 2016, Amending Chapter 26 of the Code of the City of Fort Collins Pertaining to Water Meter Requirements and Installation. B. First Reading of Ordinance No. 121, 2016, Amending the Code of the City of Fort Collins to Clarify Utility Accounts, Billing and Collection Practices. The purpose of this item is to update Chapter 26 of the City Code to address the following:  Identify requirements for location and installation of water service meters  Clarify accounts and billing practices involving billing and collection dates and practices, and services provided to leased premises. Starting in 2015, Fort Collins Utilities instituted a semi-annual cycle for City Code amendments in order to manage regular housekeeping and routine updates. This is the second set of ordinances presented under the 2016 City Code review cycle, which is designed to present changes as needed to City Council in the spring and fall of each year. These updates are separate from annual service rate adjustments, which will be brought forward under a separate City Council agenda item. 7. Resolution 2016-083 Approving an Art Project for the Mulberry Gateway Project and Authorizing Expenditures from the Art in Public Places Wastewater Utility Account to Commission an Artist to Create the Art Project. The purpose of this item is to approve expenditures from the Art in Public Places Wastewater Utility Account to commission an artist to create art for the Mulberry Gateway Project. The expenditures of $274,000 will be for design, materials, fabrication, installation, plantings, lighting, and contingency for Robert Tully to create gateway sculptures for this site. The site is near the northeast corner of Mulberry Street and Riverside Avenue. The art will wrap around the corner and extend north along Riverside. 8. Resolution 2016-084 Making an Appointment to the Citizen Review Board. The purpose of this item is to appoint Mark Partridge to the Citizen Review Board to fulfill the remaining term of resigning board member Claudia McGee, whose term was set to expire on December 31, 2018. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS City of Fort Collins Page 5  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. 9. Second Reading of Ordinance No. 115, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. (staff: Lawrence Pollack, Darin Atteberry, Mike Beckstead; no staff presentation; 2 minute discussion) This Ordinance, adopted on First Reading on October 18, 2016, by a vote of 6-0 (Campana recused) 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 2016 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. This item was reviewed by the Council Finance Committee on September 30, 2016 and the Committee recommended moving forward for Council consideration. 10. Second Reading of Ordinance No. 117, 2016, Authorizing the Acquisition by Eminent Domain of Additional Real Property Interests Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. (staff: Dean Klingner, Laurie Kadrich; no staff presentation; 20 minute discussion) This Ordinance, adopted on First Reading on October 18, 2016, by a vote of 4-3 (nays: Campana, Cunniff, Overbeck) authorizes the use of eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for a partial acquisition affecting 1535 Remington Street at the east end of the project. On First Reading, Council adopted Option 2 - Modified Dual Left Alternative. 11. Items Relating to 2017 Utility Rate Ordinances. (staff: Lance Smith; 10 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 122, 2016, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges. (Option 1 or Option 2) B. First Reading of Ordinance No. 123, 2016, Amending chapter 26 of the Code of the City of Fort Collins to Revise Water Rates, Fees and Charges. (Option 1 or Option 2) C. First Reading of Ordinance No. 124, 2016, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Wastewater Rates, Fees and Charges. City of Fort Collins Page 6 D. First Reading of Ordinance No. 125, 2016, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Stormwater Rates, Fees and Charges. (Option 1 or Option 2) The purpose of this item is for Council to consider adopting rate changes for electric, water, wastewater and stormwater monthly charges beginning in January 2017. It is unusual to have all four utilities request a rate increase in a single year. It may also seem counterintuitive that the utility budgets are decreasing in 2017 yet rate increases are being proposed. However, the extensive capital improvement planning and long term financial planning processes ahead of this Budgeting For Outcomes cycle have identified the need for rate increases in each utility in 2017 despite the budget reductions. The proposed rate increases for 2017 and 2018, as well as the primary driver behind the requested increases, are outlined in the table below. Proposed Revenue Adjustments Utility Service 2017 2018 Primary Driver Electric 3.45% 1.80% Insufficient Operating Income Water 5.00% 5.00% Inadequate Available Reserves to support 10 year Capital Improvement Plan Wastewater 3.00% 3.00% Revenue shortfalls in 2015 and 2016 Stormwater 5.00% 0.00% Inadequate Available Reserves to support 15 year build-out of infrastructure 12. First Reading of Ordinance No. 126, 2016, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2017; Adopting the Budget for the Fiscal Years Beginning January 1, 2017, and Ending December 31, 2018; and Fixing the Mill Levy for the Fiscal Year 2017. (staff: Darin Atteberry, Mike Beckstead; 10 minute staff presentation; 90 minute discussion) The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance sets the City Budget for the two-year period (2017-18) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $612,825,136 to be appropriated for fiscal year 2017. However, this appropriated amount does not include what is being appropriated by separate Council actions to adopt the 2017 budget for the General Improvement District (GID) No. 1 of $68,107, the 2017 budget for General Improvement District (GID) No. 15 (Skyview) of $1,000, and the Urban Renewal Authority (URA) 2017 budget of $8,328,759. This results in the City having a total operating appropriation of $621,223,002 in 2017. This Ordinance also sets the 2017 City mill levy at 9.797 mills, unchanged since 1991.  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.) City of Fort Collins Page 7  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, music, the universal language of peace, is one of the great arts and an outstanding feature of our culture; and WHEREAS, the National Federation of Music Clubs, having as a foremost objective, the promotion of American Music, will stage its annual Parade of American Music throughout the month of November; and WHEREAS, the Colorado Federation of Music Clubs and the Fort Collins Music Club join in encouraging and stimulating interest in American music and the enjoyment and appreciation thereof; and WHEREAS, the Parade of American Music is designed to give our own worthy United States composers recognition, encouragement and support, and to impress upon the public of the United States that it has creative as well as performing musical artists and a musical culture equal to that of other countries. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, in recognition of the American Composer and in order to encourage native creative musical art, do hereby proclaim November 2016 as AMERICAN MUSIC MONTH and I urge all our citizens to join in the observance and share the joy of music. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, the global charity Movember Foundation’s vision is to have an everlasting impact on the face of men’s health; and WHEREAS, the Movember community of over 5 million men and women have raised over $650 million, funding over 1000 programs in 21 countries – this work is saving and improving the lives of men affected by prostate cancer, testicular cancer and mental health problems; and WHEREAS, 1 in 7 men will be diagnosed with prostate cancer in his lifetime and treatment options for prostate cancer vary depending on a man’s age, stage and grade of his cancer, as well as his other existing medical conditions; and WHEREAS, testicular cancer is the most common cancer in males between the ages of 15 and 34: and WHEREAS, 1 in 4 adults in the U.S. will experience a mental health problem in any given year and 87 men in the U.S. die by suicide every day; and WHEREAS, “MOVING” can reduce your risk of heart disease, diabetes, and cancer by up to 50% and lower your risk of early death by up to 30%; and WHEREAS, Fort Collins joins communities across our nation to challenge men to grow and women to support a moustache or to make a commitment to get active and MOVE, both of which spark conversations and raise vital funds and awareness for men’s health. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby designate November 2016 as the MONTH OF MOVEMBER and urge all members of our community to join in recognizing this significant occasion and join the movement to change the face of men’s health. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the City of Fort Collins recognizes the importance of providing children who have been abused or neglected with community-focused programs and services; and WHEREAS, Larimer County received 6,321 child abuse reports and new referrals in 2015 and even more to date in 2016. These children are in need of a path to healing; and WHEREAS, Realities For Children Charities provides emergency services and healing support for children that have been abused, neglected or are at-risk. WHEREAS, Realities For Children Charities is building an accessible Homebase facility and Youth activities campus that will provide a one-stop location for therapeutic youth activities, emergency service, all their item distributions and a facilities resource for all 31 Affiliate Youth Agencies to utilize as needed to strengthen their ability to heal along the path of recovery; and WHEREAS, to help these children and support the great work of local agencies provide the highest level of healing services, Realities For Children Charities celebrates “Path to Healing for At Risk Children Day” to support and empower the most vulnerable members of our community and encourage other dedicated individuals to make a powerful difference in the lives of a child. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim November 10, 2016, as “PATH TO HEALING FOR AT-RISK CHILDREN” DAY IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, the month of November is recognized across the country as National Homeless Awareness Month and will be observed in Fort Collins to bring more awareness of this nationally recognized humanitarian issue to the attention of the Fort Collins community; and WHEREAS, organizations like Catholic Charities Northern, Colorado State University, Fort Collins Rescue Mission, Faith Family Hospitality, Homeless Gear, Homeward 2020, Neighbor to Neighbor, Outreach Fort Collins, Poudre River Public Library Districts, Salvation Army, the Sister Mary Alice Murphy Center for Hope, and SummitStone Health Partners are working together to lower the homelessness rate in Fort Collins and lessen the impact of this issue on both those experiencing homelessness and those who are indirectly affected; and WHEREAS, Fort Collins and organizations that exist acknowledge there are many different reasons people are homeless such as economic issues, struggles with mental health and addiction, and sudden rent hikes, that can make it difficult to secure stable housing; and WHEREAS, this is a complex, multifaceted challenge that needs an inclusive strategy that includes tailored approaches to the specific needs among our homeless population; and WHEREAS, Poudre River Public Library District provides a safe and welcoming space where all community members, including the chronic homeless and hidden homeless, have universal access to ideas and information to enrich their lives; and WHEREAS, Colorado State University recognizes the need to expand student awareness around the subject and has thus framed November towards implementing various initiatives at the student level to engage our entire community in critical dialogue and action directed at creating a sustainable movement to end homelessness in Fort Collins. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare November 2016 as FORT COLLINS HOMELESS AWARENESS MONTH to recognize the needs among those in our community who are without any stable place to go home to and to recognize the collaboration, dialogue, and action necessary to end homelessness in Fort Collins. This month symbolically serves witness that we need to use the many talents and resources with our community to effectively address the systemic needs of our homeless population for the overall well- being of our city with the goal of making homelessness rare, short-lived, and non-recurring. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 1st day of November, A.D. 2016. ________________________________ ATTEST: Mayor ________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the October 4, 2016 Regular City Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the October 4, 2016, Regular Council meeting. ATTACHMENTS 1. October 4, 2016 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 114 October 4, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Campana Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended withdrawing Item #5, First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University, for consideration at a later date.  CITIZEN PARTICIPATION Kevin Harper discussed negotiations with the City regarding eminent domain proceedings on his property for the Prospect and College intersection improvements. Virginia Farver discussed Smart Meters and stated they do not have UL certification and have caused fires. Anne Cleary discussed negotiations with the City regarding eminent domain proceedings on her property for the Prospect and College intersection improvements. Mike Pruznick asked Council to consider the Poudre School District bond issues and spoke in opposition to the bond issues. Mary Kopco, Fort Collins Symphony Executive Director, thanked the City for its Fort Fund support and invited citizens to attend concerts. Maestro Wes Kenny, Fort Collins Symphony, introduced Gina Johnson, oboe/English horn player, who performed a piece from an upcoming concert. Andrew Schneider announced National Arts and Culture Month and expressed support for ballot Issue 200, as well as a cabinet level position for arts and culture in the City. Anthony McGlaun discussed instances of racism and discrimination he has experienced in Fort Collins. Debra (no last name given) opposed water rate increases. Teresa Ramirez expressed support for the community’s non-profit organizations and discussed her involvement with the Family Center. Nate Donovan supported issues 3B and 3C for Poudre School District’s mill levy override and bond issue. 1.1 Packet Pg. 13 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 115 Robert Bradley spoke in support of Sunday Transfort service. Eric Sutherland discussed the Colorado General Assembly’s adoption of a bill which reformed the Urban Renewal Authority.  CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell thanked Mr. McGlaun for his comments and stated his experiences are not representative of Fort Collins. Councilmember Cunniff noted there is a process citizens can follow regarding racial profiling. He asked if the City could legally decide not to collect tax increment revenue for a new tax measure such as the PSD bond issue and if not collecting would make an impact on previously approved projects. Councilmember Cunniff requested an outline of negotiations with Mr. Harper and Ms. Cleary. Laurie Kadrich, Planning, Development and Transportation Director, stated staff has reached a point with the Harper/Cleary family as a willing seller; however, that agreement needs Council consideration as it contains some items which were not vetted between the staff and Council on prior decisions. Deputy City Manager Mihelich stated staff is requesting authorization of eminent domain proceedings on October 18. Councilmember Cunniff opposed the consideration of an eminent domain ordinance prior to the November negotiation deadline as being premature. Councilmember Overbeck suggested staff examine its eminent domain process in general. He welcomed Mr. McGlaun to the community and asked him to meet for coffee. Councilmember Martinez requested staff input regarding Ms. Farver's comments about Smart Meters. Tim McCullough, Light and Power Operations Manager, replied the majority of Fort Collins Smart Meters were installed in 2011-2013 and the voluntary UL listing program for Smart Meters was enacted in 2014. A portion of the City's meters have achieved UL listing and the meters do comply with a number of stringent UL safety standards that apply to electric utilities. The meters do not gather condensation and the City's high voltage personnel are certified under the National Electric Safety Code. No structure fires have been reported due to the meters in Fort Collins. Councilmember Martinez commended the Symphony performance. He commented on Mr. McGlaun's remarks, stating action through the Human Relations Commission and other means should be taken. Mr. McGlaun's experience is not representative of the city as a whole. Councilmember Stephens stated Council is not considering a resolution regarding the Poudre School District bond issue as it has not historically done so; it is not a comment on the value of the bond issue. She addressed Debra's comments regarding utility rate increases and commended the Symphony performance. She stated the experience had by Mr. McGlaun is not acceptable in the community. Councilmember Cunniff commented on the 2017 utility rate increase, noting it is a yearly scheduled item on Council's agenda. 1.1 Packet Pg. 14 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 116  CONSENT CALENDAR Eric Sutherland withdrew Item No. 7, Resolution 2016-077 Authorizing the Mayor to Execute the Intergovernmental Agreement for Funding I-25 Improvements, 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: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Campana 1. Consideration and Approval of the Minutes of the September 20, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the September 20, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. (Adopted) This Ordinance unanimously adopted on First Reading on September 20, 2016, annexes the Cache La Poudre River enclave. This is a City-initiated request to annex 12.01 acres located along the northern boundary of the Lee Martinez Community Park/1873 Original Town Site Annex. From the intersection of North College Avenue and the Cache La Poudre River, the enclave spans approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution was adopted on August 16, 2016. A related item to zone the annexed property is presented as the next item on the agenda. 3. Public Hearing and Second Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, unanimously adopted on First Reading on September 20, 2016, zones the property included in the Cache La Poudre River Annexation into the Public Open Lands zone district. 4. First Reading of Ordinance No. 112, 2016, Authorizing Execution of the Cribari- Gheen/Schuman Amended and Restated Deed of Conservation Easement. (Adopted) The purpose of this item is to authorize the execution of the amended and restated Cribari/Gheen/Schuman conservation easement. The Cribari property was a 72 +/- acre property south of Timnath in unincorporated Larimer County that was conserved by the City with a conservation easement in 2005 with Chris Cribari. Cribari subdivided the parcel, then sold the subsequent two parcels to Ken and Deborah Gheen and Michael and Taryn Schuman. After the Gheens placed their parcel on the market, ambiguities were identified in the original conservation easement deed, including lack of clarity on residential development potential and approved land uses and activities for each parcel, in addition to a shared liability for each other’s parcels. This amended and restated conservation easement has addressed and clarified all the issues presented with no net-loss to the conservation value of the parcels. 1.1 Packet Pg. 15 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 117 5. First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. (WITHDRAWN FROM CONSIDERATION) The purpose of this item is to authorize the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek. The Pond will handle flows from both entities. 6. First Reading of Ordinance No. 114, 2016, Designating the H. W. Schroeder Property Located at 419 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to designate the H. W. Schroeder property located at 419 Mathews Street as a Fort Collins Landmark. The owners of this property, the Carol Johnson Trust and the John McGowan Trust, are initiating this request. The 1901 Queen Anne-style residence is eligible for recognition as a Landmark due to its historic integrity and significance to Fort Collins under Designation Standard B, Persons/Groups, and Standard C, Design/Construction.  COUNCILMEMBER REPORTS Councilmember Overbeck reported on the multicultural retreat, Senator Kefalas’ meeting on homelessness, the Music District opening, and the Bridging the Gap event for seniors. Councilmember Martinez reported on the Rotary’s Teacher of the Year luncheon and the City Recycling Center grand opening. Mayor Troxell reported on the Colorado Municipal League district meeting in Evans and stated Fort Collins received recognition for its partnership with Live Well Colorado and the Colorado Municipal League.  DISCUSSION ITEMS 7. Public Hearing on the 2017-2018 Recommended Biennial Budget for the City of Fort Collins. (Hearing was Held) This is the second official public hearing on the City Manager’s 2017-2018 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2017-2018 Budget. Public input will also be taken during the budget adoption meetings on Tuesday, November 1 and Tuesday, November 15, 2016 at 6:00 p.m. in the Council Chambers. The City Manager’s 2017-2018 Recommended Budget can be reviewed at the Old Town Library, the Harmony Library, or the City Clerk’s Office. The recommended budget can also be viewed online at fcgov.com/budget. Cari Brown, ARC of Larimer County, commended the National Disability Employment month proclamation and supported funding of transportation offers and Sunday Transfort service. 1.1 Packet Pg. 16 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 118 Stephanie Tillman, La Familia Executive Director, supported the budget offer for Human Services program grant funding. Marilee Boylan, ARC of Larimer County, supported funding of accessible bus stops and Sunday Transfort service. Amber (no last name given) advocated for the Family Center’s daycare services. Mike Devereaux, Commission on Disability and Sunday Service Now Coalition, supported full funding of Sunday Transfort service. Chrissy Krumm commended the National Disability Employment month proclamation and supported funding of accessible bus stops and Sunday Transfort service. Julian Lane, People First, supported funding of Sunday Transfort service. Kendra Ketler commended the National Disability Employment month proclamation and supported funding of Sunday Transfort service. Jim (no last name given) discussed his experience with raising funds for the Food Bank and supported funding of the local food coordinator and community gardens outreach program budget offers. Maggie Wesley, ARC of Larimer County, commended the National Disability Employment month proclamation and supported funding of transportation offers and Sunday Transfort service. Debra (no last name given) questioned whose interests are being served by rate and budget increases. Mike Pruznick supported funding of Sunday Transfort service as a pilot program and discussed making the city more friendly for alternative means of transportation such as electric bicycles and golf carts. Andrew Schneider supported funding of Sunday Transfort service. Kevin Cross, Fort Collins Sustainability Group, supported funding of offers which would contribute to emissions reduction efforts, including Sunday Transfort service. Hunter Buffington, Fort Collins Sustainability Group, supported funding of a budget offer which would dedicate City funds to purchasing renewable energy from PRPA and supported funding of Sunday Transfort service. Briana Sprecker-Kinneer supported funding of the Lincoln Center improvements, the Creative Industries Director position, the Community Creative Center operating enhancement, and the Education Outreach position at the Lincoln Center. Amy Dondale, CDBG Commission member, asked Council to consider the Commission's request to increase Human Services Program grant funding. 1.1 Packet Pg. 17 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 119 John McKay, Poudre School District, supported funding of the PSD/City of Fort Collins after- school enrichment proposal. Steve Backsen, CDBG Commission member, supported an increase in funding of the Human Services Program grant. Eric Sutherland stated the City's budget process could be improved and discussed URA funding and the Innosphere loan. Laura Morrison-Piebel supported funding of the FC Walks program and Sunday Transfort service. Michael Pupiales supported funding of Sunday Transfort service and the affordable housing land bank offer. Griselda Landiposas supported funding of Sunday Transfort service and the equity and inclusion full time position. Chancey Enshaw supported funding of Sunday Transfort service. Cheryl Distaso, Fort Collins Community Action Network, supported funding of Sunday Transfort service. Mark Kendecker stated a budget should be an intentional expression of the City's values and supported funding of Sunday Transfort service, the Bicycle Infrastructure Project, and affordable housing. Robert Bradley supported funding of Sunday Transfort service. Councilmember Cunniff requested a staff evaluation of the Fort Collins Sustainability Group memo regarding emissions reduction numbers and noted no write-down is proposed for the loan to the Innosphere. Mike Beckstead, Chief Financial Officer, replied the URA's $2.5 million contribution for public improvements for the Rocky Mountain Innosphere project is being repaid to the City through tax increment financing. Councilmember Cunniff commented Council would like to have not only Sunday service, but expanded service throughout the Transfort system, and requested staff further analyze the issue. He discussed the necessity to juggle the requests and demands of community service offers with preserving the ability of the City to be a viable, sustainable operation financially. Councilmember Martinez noted other community needs and budget items would need to be cut to support Sunday Transfort service. He supported funding the after-school enrichment program. Councilmember Stephens supported CDBG funding of community non-profit organizations. She requested staff look into whether federal Childcare Assistance Funding will be returning. Councilmember Overbeck thanked citizens for their input, suggested staff examine the equity and inclusion position, and supported emissions reduction goals. Mayor Pro Tem Horak discussed the Human Services request stating no specific City policy exists around social sustainability funding. He stated transit is a key responsibility for the City 1.1 Packet Pg. 18 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 120 as social services and housing are also the responsibility of other entities and requested a matrix of how various amounts of additional funding will affect Transfort service. Councilmember Cunniff discussed the possibility of sharing transit with Poudre School District within the city limits. He suggested the construction of a larger strategic plan dealing with PSD and potentially the County and other governmental agencies. RESULT: HEARING WAS HELD (Secretary's Note: Council took a brief recess at this point in the meeting.) 8. Resolution 2016-078 Urging the City's Electors to Vote "Yes/For" Ballot Issue 2A on the Ballot of the November 8, 2016, Election, Which Asks City Voters to Confirm that the City May Keep and Spend All Revenues it has Received and Will Continue to Receive from the "Keep Fort Collins Great" .85% Sales and Use Tax City Voters Approved in 2010. (Adopted) The purpose of this item is to bring forward a resolution in support of the November ballot question asking voters to confirm that the City may retain and spend all revenues it has received and will continue to receive relating to the “Keep Fort Collins Great” .85% sales and use tax voters approved in 2010. Mike Pruznick requested Council not support this item and stated it will maximize litigation. He discussed the use of the term “Keep Fort Collins Great” and the ballot language regarding the amount of the tax. He questioned whether the funds have already been spent or if they can be used for Sunday Transfort service. Eric Sutherland questioned what would occur if voters vote no and stated litigation will be required to solve the issue regardless of the election outcome. Mayor Troxell noted no protests were filed regarding the ballot language. City Attorney Daggett confirmed that information. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2016-078. Councilmember Martinez asked about the use of the name "Keep Fort Collins Great." City Attorney Daggett replied the ballot question itself did not name the tax; therefore, it is incorrect to state an official name was attached to the tax when it was presented to voters. The tax was referenced as "Resourcing Our Future" a few times early on; however, staff has confirmed that the tax has consistently been referenced as the "Keep Fort Collins Great" tax. It would likely be more confusing to voters to use some other name for the tax in the ballot language. Councilmember Cunniff stated he would support the motion and, should the ballot issue not pass, he will ask staff to prepare an amended budget which reduces City revenues by the amount which most accurately reflects the law and cuts City services as necessary. Mayor Troxell express support for the motion and noted the tax dollars collected to date have been accurately spent and accounted. 1.1 Packet Pg. 19 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 121 RESULT: RESOLUTION 2016-078 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Campana 9. Resolution 2016-079 Supporting and Approving the Statement of Collaboration Between the City of Fort Collins and Future Venture Capital Co. Ltd. (FVC). (Adopted) The purpose of this item is for the City Council to acknowledge and support a Statement of Collaboration between the City of Fort Collins and Future Venture Capital Co. Ltd. (FVC). The City and FVC recognize the mutual business, educational and other interests related to the City's 2015 Economic Health Strategic Plan (EHS Plan) and FVC's mission. Josh Birks, Economic Health Director, stated Future Venture Capital (FVC) is currently a Japanese-based company looking to open a North American headquarters. FVC has a history of creating and funding venture funds that support primarily seed early stage companies. This statement of collaboration supports the fact that both the City and FVC have a mutual interest in supporting the innovative community and entrepreneurial culture in Fort Collins by trying to create opportunities around access to capital for companies that are formed here and want to grow here. This statement does not obligate the City to invest any resources or funds nor does it obligate the City to take any action in the future. Eric Sutherland expressed suspicion regarding decisions made by the Economic Health office and questioned the meaning of a non-binding statement of collaboration. Mike Pruznick questioned the meaning of a non-binding statement of collaboration and asked what would occur if Council does not approve the Resolution. Councilmember Cunniff expressed concern regarding the seemingly expedited nature of this item noting the Economic Advisory Board and Council Finance Committee have not been consulted. He asked about next steps should Council approve or not approve the Resolution. Birks replied this Resolution affirms the fact that both FVC and the City have a mutual interest in supporting the innovation community. Next steps would involve FVC locating its headquarters in the northern Front Range, potentially in Fort Collins, and a discussion around FVC's desire to create regionally-specific venture funds. Should Council not approve the Resolution, FVC will likely continue to look at those same types of operations in the broader Front Range area. In terms of other such agreements, the City has a memorandum of understanding with Drive Electric Northern Colorado. Councilmember Cunniff asked if Council approved the Drive Electric memorandum. Birks replied that was a staff initiative. Councilmember Cunniff asked what is driving the timeline on the issue. Birks replied FVC will be making a number of announcements about some investments it has made locally and wants to time those announcements with this partnership and others it has developed throughout the Front Range. Councilmember Overbeck asked why this item did not go before the Economic Advisory Board. Birks replied this partnership does not include resources or funding and could be done 1.1 Packet Pg. 20 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 122 administratively. The normal process would not involve going before boards and commissions. The item has been brought forward as a good news item and in response to a request to bring it forward. Councilmember Martinez agreed this is a good news item and stated it speaks to encouraging new development and voluntary interactions. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2016-079. Councilmember Cunniff stated he would support the item with the caveat that follow-up is carried out with the Economic Advisory Board and a process for this type of item is considered. Councilmember Overbeck agreed with Councilmember Cunniff. Councilmember Stephens stated she would support the item; however, she requested additional information about FVC and its past projects. Mayor Pro Tem Horak noted these types of statements often occur in proclamations and agreed a future process for these types of items would be helpful. He supported the motion and stated he would be delighted if FVC moved its headquarters to Fort Collins. Mayor Troxell supported the motion. RESULT: RESOLUTION 2016-079 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Campana  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 10. Resolution 2016-077 Authorizing the Mayor to Execute the Intergovernmental Agreement for Funding I-25 Improvements. (Adopted) The purpose of this item is to authorize the Mayor to enter into an intergovernmental agreement (IGA) with Larimer County and seven other municipalities outlining the method by which local funds will be appropriated and contributed to Larimer County for the purpose of helping to accelerate improvements to I-25 in Northern Colorado. Eric Sutherland expressed concern regarding the funding being available for I-25 improvements due to increasing property values. He stated interstate highways were designed to be high-speed links between communities and not a location for shopping centers. Many subsidies have been granted to some of these shopping areas as a result of tax increment financing. Mike Pruznick questioned the existence of data which shows adding a third lane will reduce congestion. The City’s focus on I-25 improvements is more detrimental than sustainable for its future. He requested staff discuss the memo regarding tax issues from the read before packet. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2016-077. 1.1 Packet Pg. 21 Attachment: October 4, 2016 (4932 : Minutes) October 4, 2016 City of Fort Collins Page 123 Mayor Troxell stated he would support the motion and stated there are clear benefits for Fort Collins. Councilmember Martinez stated he would support the motion noting I-25 needs improvement. Councilmember Stephens stated she would support the motion and stated the improvements will benefit all of Northern Colorado communities. RESULT: RESOLUTION 2016-077 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Campana  OTHER BUSINESS Councilmember Cunniff requested additional clarity regarding the Prospect and College intersection item on October 18. Laurie Kadrich, Planning, Development and Transportation Director, replied staff is planning to present the original preferred option with an eminent domain ordinance, the proposed offer to Mr. Harper and Ms. Cleary which would retain the tree and the wall but take a larger portion of the back yard, and a third alternative of a single left turn lane. The first two options would include eminent domain ordinances and the third option would not. Councilmember Cunniff asked why the first option is being brought forward given it was previously rejected. City Manager Atteberry replied that change would be Council’s prerogative. Mayor Pro Tem Horak replied his original idea was to include all three options as there was no unanimous decision. Councilmember Martinez supported the inclusion of all three options. Councilmember Martinez commented on Mr. McGlaun's statements and compared his experience with name-calling to speakers before Council who make negative statements regarding staff and Councilmembers.  ADJOURNMENT The meeting adjourned at 9:22 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 22 Attachment: October 4, 2016 (4932 : Minutes) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Helen Matson, Real Estate Services Manager SUBJECT Second Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. EXECUTIVE SUMMARY This Ordinance unanimously adopted on First Reading on October 18, 2016, authorizes the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek previously identified as the location of a City Water Quality Pond in the 2013 Water Quality Master Plan. The Pond will handle flows from both entities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (PDF) 2. Ordinance No. 113, 2016 (PDF) 2 Packet Pg. 23 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 18, 2016 City Council STAFF Helen Matson, Real Estate Services Manager Ken Sampley, Stormwater/Floodplain Program Mgr Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek previously identified as the location of a City Water Quality Pond in the 2013 Water Quality Master Plan. The Pond will handle flows from both entities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2013, the City’s Water Quality Master Plan was adopted by Council. This Master Plan included the Spring Creek Basin Water Quality Master Plan. The Master Plan included proposed improvements in the CSU Sub- basin including plans for a City Water Quality Pond on Gardens of Spring Creek property. This much smaller facility, identified as the Ropes Course Pond, was planned to manage flows from off campus areas. To more efficiently handle the area flows, staff members from the City and CSU worked together on the design of a larger pond that will accept more flows than if both entities developed smaller ponds. Most of the land area of the Pond will be on CSU land; however the flows being handled by the Pond will be approximately the same in volume for both CSU and the City. Previously the City’s Parks Planning and Development (PPD) had been included in these discussions, but PPD had not communicated with CSU for some time. Staff delayed taking this item to Council to incorporate design considerations for PPD. These changes include:  The spillway has been shortened to 35 feet long and relocated to the southeast area of the pond, which also results in a shorter spillway slope.  Spillway material will be sandstone blocks, stepped down in a pleasing fashion.  The trail spur is reconfigured to move it away from Spring Creek at the southeast portion, and possibly expansion in the southwest triangle.  The length of the trail spur, except for spillway, is above the 100-year base flood elevations ATTACHMENT 1 2.1 Packet Pg. 24 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4934 : SR 113 Stormwater Pond easement-Spring Creek Agenda Item 8 Item # 8 Page 2  Ten-foot trail and three-foot shoulders with a 3:1 side slopes works with all these changes, and allows the cut and fill in floodway to balance.  The top of the berm where the concrete trail will be built will be graded and seeded in this project. Concrete trail, fence and other trail materials will be constructed as a future project.  Additional landscaping shall be added to the project as shown in Exhibit B to Ordinance No. 113, 2016, to address concerns of screening from Center Avenue and the Spring Creek Trail. CSU will be constructing the Pond and pay the upfront costs, estimated to be between $400,000 and $500,000; CSU will then bill the City for its share. The split of the project cost will be based on flow spillage. The City will reimburse CSU out of a future budget for stream rehabilitation and water quality budget. CSU will perform the necessary maintenance on the Pond. CITY FINANCIAL IMPACTS The total cost of constructing the pond is estimated to be between $400,000 and $500,000. The City will reimburse CSU for 48% of the costs of construction, as approximately 48% of the flows into the pond will be the City’s flows. Working together on the Center Outfall Water Quality Pond is advantageous for both the City and CSU. This combined Pond will handle more flows for the area than if each entity built a smaller pond. If the Center Outfall Water Quality Pond was not being constructed, the City would need to build more water quality ponds, which would require more land and more money. The City’s cost to build its own pond and proprietary mechanical BMP in this area would be approximately $300,000 Due to the benefits being provided by granting this easement to construct the larger Pond, staff does not recommend charging CSU for this easement. BOARD / COMMISSION RECOMMENDATION At its August 24, 2016 meeting, the Parks and Recreation Board voted 8–0 to recommend approval of the easement and found it appropriate to utilize this portion of the City’s land to develop and construct the water quality pond and trail connectivity with the City’s assistance in the design and neighborhood outreach. ATTACHMENTS 1. Location map (PDF) 2. Parks and Recreation Board minutes, August 24, 2016 (PDF) 2.1 Packet Pg. 25 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4934 : SR 113 Stormwater Pond easement-Spring Creek -1- ORDINANCE NO. 113, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON CITY PROPERTY AT THE GARDENS ON SPRING CREEK TO COLORADO STATE UNIVERSITY WHEREAS, the City is the owner of property known as the Gardens on Spring Creek, more particularly described as Tract A, Centre for Advanced Technology 22nd Filing, Community Horticulture Center, Fort Collins, Larimer County, Colorado (the “City Property”); and WHEREAS, the City and Colorado State University (CSU) have been working on the design of water quality pond for the Spring Creek Basin that would be located partially on the City Property and partially on CSU property, and would accept flows from both CSU’s property and other properties in the area (the “Center Outfall Water Quality Pond” or “Pond”); and WHEREAS, the Pond would be more efficient and handle more flows from the area than if the City and CSU built separate ponds; and WHEREAS, in order to construct the Pond, CSU requires an easement on the City Property in the location described and shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, CSU would be responsible for construction and maintenance of the Pond, and for landscaping the Pond as shown on Exhibit “B”, attached and incorporated herein by reference (the “Landscaping”); and WHEREAS, CSU would pay the upfront costs of construction and the Landscaping, estimated to be between $400,000 and $500,000, with the City reimbursing CSU for 48% of such costs; and WHEREAS, the City’s cost to build its own pond and proprietary mechanical best management practice (BMP) would be approximately $300,000, and the fair market value of the Easement is approximately $2,130; and WHEREAS, because the cost savings to the City from not having to build its own pond exceed the amount the City will pay for construction of the Center Outfall Water Quality Pond and the value of the Easement combined, City staff is recommending that the City not charge CSU for the Easement; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. 2.2 Packet Pg. 26 Attachment: Ordinance No. 113, 2016 (4934 : SR 113 Stormwater Pond easement-Spring Creek Gardens) -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to CSU as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to CSU on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2016, and to be presented for final passage on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 27 Attachment: Ordinance No. 113, 2016 (4934 : SR 113 Stormwater Pond easement-Spring Creek Gardens) SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 09.13.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-09-13_Pond Easement.dwg SHEET 1 OF 2 EXHIBIT A: WATER QUALITY POND EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND TO BE DEDICATED AS A WATER QUALITY POND EASEMENT BEING A PART OF TRACT A, CENTRE FOR ADVANCED TECHNOLOGY 22ND FILING, AS DEPICTED IN THE PLAT RECORDED APRIL 2, 2003 AT RECEPTION NUMBER 20030039524, SITUATED IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 23, BEING MONUMENTED BY A 3.25" ALUMINUM CAP STAMPED "PLS 17497," FROM WHICH THE NORTHEAST CORNER OF SAID SECTION, BEING MONUMENTED BY A 3.25" ALUMINUM CAP STAMPED "PLS 17497," BEARS S89°38'54"E WITH A DISTANCE OF 2655.63 FEET AS MEASURED IN THE FIELD WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S33°22'38"E A DISTANCE OF 1261.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT A THAT LIES S62°08'08"W A DISTANCE OF 2218.89 FEET FROM SAID NORTHEAST CORNER OF SECTION 23, SAID POINT BEING ALSO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING S04°08'46"W A DISTANCE OF 58.35 FEET; THENCE S11°32'50"W A DISTANCE OF 201.75 FEET; THENCE S29°20'04"E A DISTANCE OF 31.25 FEET; THENCE S46°09'27"W A DISTANCE OF 22.18 FEET; THENCE S80°22'04"W A DISTANCE OF 68.98 FEET TO SAID NORTHERLY LINE OF TRACT A SAID POINT BEING ALSO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NORTHERLY LINE OF TRACT A THE FOLLOWING FOUR (4) COURSES: 1) 147.34 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 148.89 FEET, A CENTRAL ANGLE OF 56°41'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS N02°33'24"E A DISTANCE OF 141.40 FEET TO A POINT OF TANGENCY; 2) N30°40'41"E A DISTANCE OF 140.40 FEET TO A POINT OF CURVE TO THE RIGHT; 3) 59.71 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 11°24'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N36°22'49"E A DISTANCE OF 59.61 FEET TO THE POINT OF BEGINNING. CONTAINING 19,323 SQUARE FEET OR 0.444 ACRES, MORE OR LESS. DANA L. SPERLING PROFESSIONAL LAND SURVEYOR COLORADO LICENSE NUMBER 38012 D A N A L . S P SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 09.13.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-09-13_Pond Easement.dwg SHEET 2 OF 2 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED ONLY AS A GRAPHIC DEPICTION OF THE ATTACHED LEGAL DESCRIPTION. EXHIBIT A: WATER QUALITY POND EASEMENT D A N A L . S P E R L I N G P R O F E S S I O N A L L A N D S U R V E Y Planting Legend Existing Trees Coniferous Trees and Upland Shrub Plantings Shade Trees and Upland Shrub Plantings Wetland Trees and Wetland Shrub Plantings Center Outfall Water Quality Pond - Planting Concept October 12, 2016 Existing Wetland Existing Street Trees Proposed Coniferous Trees and Upland Shrub Plantings NOTE: The plan provides for approximatley 54 added trees and 150 added shrubs Ditch Access Route Proposed Wetland Tree and Shrub Plantings Proposed Street Trees Bay Drive Stacked Sandstone Spillway Future Trail Flatten Slopes to Reduce Visual Impact of Continuous 3:1 Slopes Existing Trees Proposed Trees Existing Trees CSU Research Plots Park Boundary S p r i n g C r e e k A u t h u r ’ s D i t c h S p r i n g C r Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Beth Sowder, Director of Social Sustainability SUBJECT Second Reading of Ordinance No. 116, 2016, Appropriating Unanticipated Revenue in the General Fund to Be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 18, 2016, refunds the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2015 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $10,906 in 2015 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (PDF) 2. Ordinance No. 116, 2016 (PDF) 3 Packet Pg. 31 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY October 18, 2016 City Council STAFF Beth Sowder, Director of Social Sustainability SUBJECT First Reading of Ordinance No. 116, 2016, Appropriating Unanticipated Revenue in the General Fund to Be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. EXECUTIVE SUMMARY The purpose of this item is to refund the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2015 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $10,906 in 2015 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On December 16, 1971, the City and the Authority entered into a Cooperation Agreement which provided that the Authority must make annual PILOT payments to the City for the public services and facilities furnished by the City. In 1986, upon request of the Authority, the City Council adopted Resolution 1986-177 which relieved the Authority of its obligation to make the PILOT payments. Based on that resolution, the Authority did not make PILOT payments from 1987 through 1990. The Authority also received a refund from the City of PILOT payments for the years 1984, 1985 and 1986. In 1992, the City Council adopted Resolution 1992-093 reinstating the requirement that the Authority pay the annual PILOT payment. The change was made to assure compliance with Department of Housing and Urban Development regulations. Since that time, the City has returned the annual PILOT payments to the Housing Authority. Staff recommends that the 2015 PILOT payments of $10,906 be appropriated as unanticipated revenue in the General Fund and remitted to the Authority in accordance with a letter agreement between the City and the Authority requiring the Authority to use the funds for creating or maintaining affordable housing in a manner consistent with the guidelines of the federal Department of Housing and Urban Development. CITY FINANCIAL IMPACTS The City received unanticipated revenue from the Fort Collins Housing Authority in the amount of $10,906 as 2015 payments for public services and facilities. The revenue was placed in the General Fund. This Ordinance will return the funds to the Housing Authority to be used for affordable housing and related activities. ATTACHMENT 1 3.1 Packet Pg. 32 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4933 : SR 116-FCHA PILOT) Agenda Item 5 Item # 5 Page 2 ATTACHMENTS 1. FCHA Request Letter (PDF) 3.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4933 : SR 116-FCHA PILOT) -1- ORDINANCE NO. 116, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND TO BE REMITTED TO THE FORT COLLINS HOUSING AUTHORITY TO FUND AFFORDABLE HOUSING AND RELATED ACTIVITIES WHEREAS, the City has received a payment from the Fort Collins Housing Authority (the “Authority”) of $10,906 as a payment in lieu of taxes (“PILOT”) for public services and facilities under a Cooperation Agreement dated December 16, 1971, pertaining to a HUD financed public housing program; and WHEREAS, since at least 1992, the City has remitted such PILOT payments to the Authority; and WHEREAS, the Authority has requested that the 2015 PILOT payments be appropriated by the City Council for return to the Authority to fund much-needed affordable housing related activities and to attend to the housing needs of low-income Fort Collins residents; and WHEREAS, said payment of $10,906 was not projected as a revenue source in the 2015 City budget; and WHEREAS, the City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if Council determines that such remittal serves a valid public purpose; and WHEREAS, it is a City Council priority to support programs for providing additional affordable housing in the community; and WHEREAS, the City Council has determined that the provision of affordable housing serves an important public purpose and is an appropriate use of these funds; and WHEREAS, as a condition of receiving these funds, the City will require the Authority to sign a letter agreement obligating the Authority to spend the funds for creating or maintaining affordable housing in a manner consistent with the guidelines of the federal Department of Housing and Urban Development; 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 Authority PILOT payment as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. 3.2 Packet Pg. 34 Attachment: Ordinance No. 116, 2016 (4933 : SR 116-FCHA PILOT) -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of TEN THOUSAND NINE HUNDRED SIX DOLLARS ($10,906) to be remitted to the Fort Collins Housing Authority to fund affordable housing and related activities for Fort Collins residents consistent with the Federal Department of Housing and Urban Development guidelines. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2016, and to be presented for final passage on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 35 Attachment: Ordinance No. 116, 2016 (4933 : SR 116-FCHA PILOT) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Matt Robenalt, Executive Director Kristy Klenk, Financial Coordinator SUBJECT First Reading of Ordinance No. 118, 2016, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2017 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2017. 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 $1,665,408 DDA Operations & Maintenance $ 835,283 Revolving Line of Credit Draws $2,450,000 DDA Debt Service Fund $4,938,036 The Ordinance sets the 2017 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 2017. 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 statute 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 2017 in the amount of $1,665,408 to fund the DDA’s fulfillment of obligations it has entered into or will enter into in furtherance of the Plan of Development, and DDA Operation and Maintenance budget for fiscal year 2017 in the amount of $835,283. It is requesting appropriation of up to $2,450,000 for the 2017 Line of Credit draws. It is also requesting approval of the DDA debt payment commitments in the amount of $4,938,036 for 2017 obligations. 4 Packet Pg. 36 Agenda Item 4 Item # 4 Page 2 Uses: Alley Operations $122,678 Alley Enhancement/Construction/Design (2 new alleys) 536,000 Warehouse Operations 127,340 Façade Grant Program 98,456 Old Town Square Operations 216,246 Downtown River District Improvements - Jefferson St 435,000 Other Public/Private Investments & Programs 129,688 Total $1,665,408 The 2017 Operations and Maintenance budget is projected as follows: Uses: Personnel Services $515,611 Contractual Professional Services 273,273 Purchased Supplies and Commodities 26,026 Other 20,373 Total $835,283 The 2017 Line of Credit draws, whose debt service payment will be made from the debt service fund, is projected to fund up to $2,450,000. Uses: Museum of Discovery - 2017 Payment $ 250,000 Multi-Year Reimbursement Payments 420,939 Whitewater Park Commitment 27,300 Project Management Fees 70,000 Capital Asset Maintenance Obligations 358,094 Future Public/Private Investments & Programs 1,323,667 Total $2,450,000 The DDA debt service fund is projected to have sufficient revenue to meet the required debt service payments for 2017. Uses: Debt Payment: 2017 $4,938,036 BOARD / COMMISSION RECOMMENDATION At its September 8, 2016 meeting, the Downtown Development Authority Board of Directors adopted its proposed budget for 2017 totaling $9,888,727 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 2016-02 Determining and Fixing the Mill Levy (PDF) 3. DDA Resolution 2016-03 Approving and Recommending the 2017 Budget (PDF) 4. DDA Resolution 2016-04 Appropriation of the 2017 Line of Credit Draw Service (PDF) 5. DDA Resolution 2016-05 Appropriation for Debt Service (PDF) 6. DDA Resolution 2016-06 Appropriation of Amounts Required to Pay Public-Private Investments and Programs (PDF) 4 Packet Pg. 37 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 Lupine Dr N Sherwood St ATTACHMENT 2 4.2 Packet Pg. 39 Attachment: DDA Resolution 2016-02 Determining and Fixing the Mill Levy (4823 : DDA Budget 2017) ATTACHMENT 3 4.3 Packet Pg. 40 Attachment: DDA Resolution 2016-03 Approving and Recommending the 2017 Budget (4823 : DDA Budget 2017) ATTACHMENT 4 4.4 Packet Pg. 41 Attachment: DDA Resolution 2016-04 Appropriation of the 2017 Line of Credit Draw Service (4823 : DDA Budget 2017) ATTACHMENT 5 4.5 Packet Pg. 42 Attachment: DDA Resolution 2016-05 Appropriation for Debt Service (4823 : DDA Budget 2017) ATTACHMENT 6 4.6 Packet Pg. 43 Attachment: DDA Resolution 2016-06 Appropriation of Amounts Required to Pay Public-Private Investments and Programs (4823 : DDA Budget -1- ORDINANCE NO. 118, 2016 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 2017 AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2017 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 September 8, 2016, 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, 2017, and determined the mill levy necessary to provide for payment during fiscal year 2017 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 NINE MILLION EIGHT HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED TWENTY-SEVEN DOLLARS ($9,888,727) from the DDA Operation and Maintenance Fund and the DDA Debt Service Fund for the fiscal year beginning January 1, 2017 and ending December 31, 2017, to be used as follows: DDA Public/Private Investments & Programs (O&M Fund) $1,665,408 DDA Operations & Maintenance (O&M Fund) 835,283 2017 Revolving Line of Credit Draws 2,450,000 DDA Debt Service Fund 4,938,036 Total $9,888,727 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, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for fiscal year 2017 for expenditure from DDA Operation and Maintenance Fund for the Downtown Development Authority Public/Private Investments and Programs the sum of ONE MILLION SIX HUNDRED SIXTY- Packet Pg. 44 -2- FIVE THOUSAND FOUR HUNDRED EIGHT DOLLARS ($1,665,408), to be expended to fund the DDA’s payment of the obligations it has entered into or will enter into in furtherance of the DDA’s approved plan of development. Section 3. That there is also hereby appropriated for fiscal year 2017 for expenditure from the DDA Operation and Maintenance Fund for the Downtown Development Authority Operations and Maintenance the sum of EIGHT HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED EIGHTY-THREE DOLLARS ($835,283), to be expended for the authorized purposes of the DDA. Section 4. That there is hereby appropriated for fiscal year 2017 for expenditure from the Downtown Development Authority 2017 Line of Credit draws the sum of up to TWO MILLION FOUR HUNDRED FIFTY THOUSAND DOLLARS ($2,450,000), to be used to finance DDA projects or programs in accordance with the DDA plan of development including the 2017 Museum of Discovery payment, multi-year reimbursement payments, Whitewater Park commitment, and capital asset maintenance obligations. Section 5. That there is hereby appropriated for fiscal year 2017 for expenditure from the Downtown Development Authority Debt Service Fund the sum of FOUR MILLION NINE HUNDRED THIRTY-EIGHT THOUSAND THIRTY-SIX DOLLARS ($4,938,036), for payment of debt service on previously issued and outstanding bonds, to pay the City’s investment service charge, for payment on the 2017 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 6. That the DDA’s 2017 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, 2016 shall be five (5) mills, which levy represents the amount of taxes necessary to provide for payment during fiscal year 2017 of all properly authorized operational and maintenance expenditures to be incurred by the DDA, as appropriated herein. 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 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 45 -3- Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 46 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 119, 2016, Adopting the 2017 Budget and Appropriating the Fort Collins Share of the 2017 Fiscal Year Operating and Capital Funds for the Northern Colorado Regional Airport. EXECUTIVE SUMMARY The purpose of this item is to appropriate the City of Fort Collins’ 50% share of the Northern Colorado Regional Airport budget. The Airport’s total budget is comprised of an operating budget and a capital budget. The 2017 annual operating budget is $1,099,030, and will be funded using Airport operating revenues and non-operating revenues derived through contributions from the Cities of Fort Collins and Loveland ($260,000 from each City). The proposed capital budget is $1,493,302, and is funded through federal grants, state grants, and Airport operating revenue. This Ordinance appropriates the City of Fort Collins 50% share of the 2017 Airport operating budget, which totals $549,515 and the City of Fort Collins 50% share of the 2017 capital budget which totals $746,651. The City of Loveland will be appropriating the other 50%. The Airport operating budget is used to maintain and operate the Airport in compliance with all regulatory standards for safety and security and to achieve the Council-approved Airport Strategic Plan. The Airport capital budget will be used to complete Airport improvement projects including runway and taxiway rehabilitation and preservation, taxiway sign safety modifications, an Airport Master Plan update, and acquisition of snow removal equipment. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1963, the City of Fort Collins and the City of Loveland agreed to the establishment of a regional aviation facility and became owners and operators of the Northern Colorado Regional Airport, located approximately 16 miles southeast of downtown Fort Collins, just west of Interstate 25. The Airport is operated as a joint venture between the City of Fort Collins and the City of Loveland, with each City retaining a 50% ownership interest, sharing equally in policy-making and management, and with each assuming responsibility for 50% of the capital and operating costs associated with the Airport. The Airport’s mission is to provide a safe and efficient air transportation airport facility to the general public and aviation community by providing airport facilities that meet Federal Aviation Administration (FAA) safety standards and to implement a plan that ensures the efficient development of the Airport to meet the needs of the Fort Collins and Loveland communities. According to a 2013 State of Colorado study, the Northern Colorado Airport provides a regional economic impact of approximately $129.4 million annually. 5 Packet Pg. 47 Agenda Item 5 Item # 5 Page 2 All revenues derived from the Airport are applied to both operating and capital expenditures. Each City contributes equal funding for Airport operating and capital needs as agreed upon within the Intergovernmental agreement between the Cities of Fort Collins and Loveland. Airport capital funds are also received for eligible projects, from the FAA and the Colorado Department of Transportation, Division of Aeronautics. All grant resources are funded through aviation taxes and fees. The annual operating costs for 2017 for the Airport are $1,099,030, and the City of Fort Collins contribution amount is $260,000. In addition, the Airport Director is recommending additional capital expenditures and has identified the following funding sources: FAA Grant $1,000,000 State Grant 55,556 Airport Revenues 102,746 Airport Reserves 335,000 Total $1,493,302 The capital expenditures will be used to complete major Airport improvement projects, including runway and taxiway rehabilitation and preservation, taxiway sign safety modifications, an Airport Master plan update, and acquisition of snow removal equipment. The $335,000 item is an appropriation for use by the Northern Colorado Regional Airport Commission for discretionary Airport projects. This Airport Reserve appropriation will not require additional funding from the Cities and reflects the approved amendment of the Intergovernmental Agreement with the City of Loveland signed in June 2016 for the joint operation of the Airport. Thus, the City of Fort Collins 50% appropriation for the capital expenditures identified above is $746,651. The Northern Colorado Regional Airport Commission approved the proposed 2017 Airport Budget on August 18, 2016. The City of Loveland’s City Council approved an ordinance appropriating the 2017 Airport budget on First Reading on October 18, 2016, with the Second Reading being held simultaneously on November 1. CITY FINANCIAL IMPACTS This Ordinance appropriates the City’s 50% share of the annual appropriation for fiscal year 2017 for the Northern Colorado Regional Airport operations and capital budgets which total $1,296,166 and is 50% of the $2,592,332 combined 2017 Airport operating and capital budget. Of this amount, the City of Fort Collins will be providing $260,000 from the City’s General Fund. The City of Loveland manages the Airport’s budget and finances; however, since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to appropriate its 50% portion of the total Airport operating and capital improvement fund budget. 5 Packet Pg. 48 -1- ORDINANCE NO. 119, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2017 BUDGET AND APPROPRIATING THE FORT COLLINS SHARE OF THE 2017 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT FUNDS FOR THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the City of Fort Collins and the City of Loveland (the “Cities”) agreed to establish a regional general aviation facility and became owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the “Airport”); and WHEREAS, the Airport is operated as a joint venture between the Cities, with each city retaining a 50% ownership interest, sharing equally in policy-making and management, and each assuming responsibility for 50% of the Airport’s capital and operating costs; and WHEREAS, pursuant to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January 22, 2015, and the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the “IGA”), the Airport Manager is responsible for preparing the Airport’s annual operating budget and submitting it to the Cities for their approval; and WHEREAS, under the IGA, the City’s share of existing and unanticipated Airport revenue is to be held and disbursed by the City of Loveland as an agent on behalf of the Cities, since the City of Loveland provides finance and accounting services for the Airport; and WHEREAS, under the IGA, each City’s share of the Airport‘s annual operating budget and the Airport capital improvement plan shall be appropriated by each City and transferred or otherwise paid into the designated account to be used for Airport funding on an annual basis; and WHEREAS, in accordance with Article V, Section 8(b), of the City Charter, any expense or liability entered into by an agent of the City on behalf of the City, shall not be made unless an appropriation for the same has been made by the City Council; and WHEREAS, the Airport Manager has submitted for City Council consideration a 2017 Airport operating budget totaling $1,099,030, of which the City’s share is $549,515; and WHEREAS, the City Council is in the process of considering the City’s 2017 budget and Ordinance No 126, 2016, which appropriates $260,000 in City funds to be transferred to the Airport operating fund in accordance with the IGA (the “Fort Collins Contribution”); and WHEREAS, pursuant to the IGA, the City of Loveland holds on behalf of both Cities the revenues of, and other financial contributions to, the Airport in a fund, which includes unappropriated and unencumbered, reserves (the “Airport Fund”); and Packet Pg. 49 -2- WHEREAS, it is the desire of the City Council to appropriate the City’s share of the necessary funds for the Airport’s operating costs, totaling $549,515 for the fiscal year beginning January 1, 2017, and ending December 31, 2017; and WHEREAS, the Airport Manager also recommends capital expenditures totaling $1,493,302 for Airport improvement projects in 2017 which include runway and taxiway rehabilitation and preservation, taxiway sign safety modifications, an Airport Master plan update and acquisition of snow removal equipment; and WHEREAS, funding for the 2017 capital improvements has been identified as follows: FAA Grant $1,000,000 State Grant 55,556 Airport Revenues 102,746 Airport Reserves 335,000 Total $1,493,302; and WHEREAS, the City’s 50% share of the 2017 capital improvement costs, held in the Airport Fund, is $746,651. WHEREAS, the Airport Reserves item is an appropriation for use by the Northern Colorado Regional Airport Commission for discretionary Airport projects; and WHEREAS, this appropriation will not require additional funding from the Cities and is consistent with the approved amendment of the Intergovernmental Agreement with the City of Loveland signed in June of 2016 for the joint operation of the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves and adopts the 2017 Airport operating and capital budget totaling $2,592,332 ($1,099,030 for operations and $1,493,302 for capital), a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference. Section 3. That the City Council hereby appropriates in the Airport Fund FIVE HUNDRED FORTY NINE THOUSAND FIVE HUNDRED FIFTEEN DOLLARS ($549,515) to be expended to defray the City’s share of the 2017 operating costs of the Fort Collins- Loveland Municipal Airport. Section 4. That the City Council hereby appropriates in the Airport Fund SEVEN HUNDRED FORTY SIX THOUSAND SIX HUNDRED FIFTY ONE DOLLARS ($746,651) to be used for the City’s share of the 2017 capital improvements at the Fort Collins-Loveland Municipal Airport. Packet Pg. 50 -3- Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 51 &LW\RI/RYHODQG&RORUDGR _%XGJHW ŝƌƉŽƌƚ&ƵŶĚ dŚĞ ŝƌƉŽƌƚ &ƵŶĚ ƌĞĐĞŝǀĞƐ ƌĞǀĞŶƵĞ ĨŽƌŽƉĞƌĂƚŝŶŐĂŶĚĐĂƉŝƚĂůĞdžƉĞŶƐĞƐƉƌŝŵĂƌŝůLJĨƌŽŵƌĞǀĞŶƵĞƐŐĞŶĞƌĂƚĞĚďLJ ĂŝƌƉŽƌƚŽƉĞƌĂƚŝŽŶƐ͘ĚĚŝƚŝŽŶĂůƌĞǀĞŶƵĞƐĂƌĞƉƌŽǀŝĚĞĚďLJƚŚĞĂŝƌƉŽƌƚƉĂƌƚŶĞƌƐ͕ƚŚĞŝƚŝĞƐŽĨ>ŽǀĞůĂŶĚĂŶĚ&Žƌƚ ŽůůŝŶƐ͕ĂŶĚ͕ĨŽƌĂƉƉƌŽǀĞĚƉƌŽũĞĐƚƐ͕ĨƌŽŵƚŚĞ&ĂŶĚŽůŽƌĂĚŽĞƉĂƌƚŵĞŶƚŽĨdƌĂŶƐƉŽƌƚĂƚŝŽŶ͘hƐĞŽĨŵŽŶĞLJŝŶ ƚŚĞ &ƵŶĚ ŝƐ ƌĞƐƚƌŝĐƚĞĚ ƚŽ ƚŚĞ ĂŝƌƉŽƌƚ͘  dŚĞ &ƵŶĚ ŝƐ ŵĂŶĂŐĞĚ ďLJ ƚŚĞ ŝƚLJ DĂŶĂŐĞƌ͛Ɛ KĨĨŝĐĞ͘ ĞƚĂŝůƐ ŽŶ ƚŚĞ ĞdžƉĞŶĚŝƚƵƌĞƐĂƌĞŝŶƚŚĞKƚŚĞƌŶƚŝƚŝĞƐĐŚĂƉƚĞƌ͘ ZsEh ͚ϭϱĐƚƵĂů ͚ϭϲĚŽƉƚĞĚ ƵĚŐĞƚ ͚ϭϲZĞǀŝƐĞĚ ƵĚŐĞƚĂƐŽĨ:ƵůLJ ϭ Ɛƚ ͚ϭϳƵĚŐĞƚ ͚ϭϳƵĚŐĞƚ ͚ͬϭϲ ĚŽƉƚĞĚй ŚĂŶŐĞ '/EE/E'&hE>E Ψ  Ϯ͕ϯϵϯ͕ϯϮϭ Ψ  ϭϰϱ͕ϵϱϴ Ψ  ϭ͕ϵϵϵ͕ϳϱϮ Ψ  Ϯ͕Ϭϰϯ͕ϵϬϱ ŝƌƉŽƌƚZĞǀĞŶƵĞ KEdZ/hd/KEͲ>Ks>E ϭϳϳ͕ϱϬϬ ϭϳϳ͕ϱϬϬ ϭϳϳ͕ϱϬϬ ϮϲϬ͕ϬϬϬ ϰϲ͘ϱй KEdZ/hd/KEͲ&KZdK>>/E^ ϭϳϳ͕ϱϬϬ ϭϳϳ͕ϱϬϬ ϭϳϳ͕ϱϬϬ ϮϲϬ͕ϬϬϬ ϰϲ͘ϱй /EdZ^d Ϯϭ͕ϭϯϱ ϲ͕ϭϴϱ ϲ͕ϭϴϱ ϭϱ͕ϬϬϬ ϭϰϮ͘ϱй Kd,Z ϭϵ͕ϳϲϲ ϴ͕ϮϬϴ ϴ͕ϮϬϴ Ϯϯ͕ϮϬϬ ϭϴϮ͘ϳй /ZWKZdZsEh ϱϵϵ͕ϯϮϲ ϲϮϰ͕ϵϳϴ ϲϮϰ͕ϵϳϴ ϲϯϰ͕ϱϯϬ ϭ͘ϱй KEdZ/hd/KEͲ& ϴϬϱ͕ϮϯϮ ϭϱϬ͕ϬϬϬ ϭϱϬ͕ϬϬϬ ϭ͕ϬϬϬ͕ϬϬϬ ϱϲϲ͘ϳй KEdZ/hd/KEͲ^ddK&K ϱϳ͕ϵϳϱ ϴ͕ϯϰϬ ϴ͕ϯϰϬ ϱϱ͕ϱϱϲ ϱϲϲ͘ϭй dZE^&Z^  Ͳ  Ͳ ϱϬ͕ϬϬϬ  Ͳ Ͳ dŽƚĂůZĞǀĞŶƵĞ Ψ  ϭ͕ϴϱϴ͕ϰϯϰ Ψ  ϭ͕ϭϱϮ͕ϳϭϭ Ψ  ϭ͕ϮϬϮ͕ϳϭϭ Ψ  Ϯ͕Ϯϰϴ͕Ϯϴϲ ϵϱ͘Ϭй dŽƚĂůZĞƐŽƵƌĐĞƐ Ψ  ϰ͕Ϯϱϭ͕ϳϱϱ Ψ  ϭ͕Ϯϵϴ͕ϲϲϵ Ψ  ϯ͕ϮϬϮ͕ϰϲϯ Ψ  ϰ͕ϮϵϮ͕ϭϵϭ yWE^^z&hE KƚŚĞƌŶƚŝƚLJ /ZWKZd Ψ  Ϯ͕ϮϱϮ͕ϬϬϯ Ψ  ϭ͕Ϭϵϴ͕ϱϱϴ Ψ  ϭ͕ϭϱϴ͕ϱϱϴ Ψ Ϯ͕ϱϵϮ͕ϯϯϮ ϭϯϲ͘Ϭй yWE^^zd'KZz WZ^KEE>^Zs/^ ϯϵϭ͕ϰϳϰ ϰϴϭ͕Ϯϭϲ ϰϴϭ͕Ϯϭϲ ϱϳϳ͕ϭϲϱ ϭϵ͘ϵй ^hWW>/^ ϯϴ͕ϭϲϮ ϱϯ͕ϮϬϬ ϱϯ͕ϮϬϬ ϱϰ͕ϭϭϱ ϭ͘ϳй WhZ,^^Zs/^ ϯϮϰ͕Ϯϲϱ ϯϵϳ͕ϰϳϰ ϰϱϳ͕ϰϳϰ ϰϲϳ͕ϳϱϬ ϭϳ͘ϳй WZ/d/KE ϭ͕ϰϵϴ͕ϭϬϮ  Ͳ  Ͳ  Ͳ Ͳ W/d>  Ͳ ϭϲϲ͕ϲϲϴ ϭϲϲ͕ϲϲϴ ϭ͕ϰϵϯ͕ϯϬϮ ϳϵϲ͘Ϭй dŽƚĂůdžƉĞŶƐĞ Ψ  Ϯ͕ϮϱϮ͕ϬϬϯ Ψ  ϭ͕Ϭϵϴ͕ϱϱϴ Ψ  ϭ͕ϭϱϴ͕ϱϱϴ Ψ Ϯ͕ϱϵϮ͕ϯϯϮ ϭϯϲ͘Ϭй E/E'&hE>E Ψ  ϭ͕ϵϵϵ͕ϳϱϮ Ψ  ϮϬϬ͕ϭϭϭ Ψ  Ϯ͕Ϭϰϯ͕ϵϬϱ Ψ ϭ͕ϲϵϵ͕ϴϱϵ ŝƌƉŽƌƚ&ƵŶĚ^ƵŵŵĂƌLJ ' EXHIBIT A 1 Packet Pg. 52 Attachment: Exhibit A (4907 : Airport Budget 2017 ORD) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Lisa Rosintoski, Utilities Customer Connections Manager Lori Clements, Customer Care & Technology Manager SUBJECT Items Relating to Various Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to Utilities - Fall 2016. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 120, 2016, Amending Chapter 26 of the Code of the City of Fort Collins Pertaining to Water Meter Requirements and Installation. B. First Reading of Ordinance No. 121, 2016, Amending the Code of the City of Fort Collins to Clarify Utility Accounts, Billing and Collection Practices. The purpose of this item is to update Chapter 26 of the City Code to address the following:  Identify requirements for location and installation of water service meters  Clarify accounts and billing practices involving billing and collection dates and practices, and services provided to leased premises. Starting in 2015, Fort Collins Utilities instituted a semi-annual cycle for City Code amendments in order to manage regular housekeeping and routine updates. This is the second set of ordinances presented under the 2016 City Code review cycle, which is designed to present changes as needed to City Council in the spring and fall of each year. These updates are separate from annual service rate adjustments, which will be brought forward under a separate City Council agenda item. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In 2015 Fort Collins Utilities instituted, similar to Planning Development and Transportation Service Area, a process to manage revisions to City Code amendments that support business operations and are considered house-keeping and routine in nature. The proposed changes described below represent updates for the fall 2016 City Code review cycle. WATER SERVICES Sec. 26-98 – Water meter requirements and installation  Updated language to clarify the requirement that all water services be metered, location requirements for meters, and the process for installing meters. 6 Packet Pg. 53 Agenda Item 6 Item # 6 Page 2 Sec. 26-279 – Service charges; categories  Adding language to clarify the winter quarter average calculation for wastewater charges due to system failure or consumption event. CUSTOMER BILLING AND ACCOUNT SERVICES Sec. 26-713 - Due date; delinquency  Updating language to clarify existing processes regarding due dates and delinquency for utility services. Sec. 26-715 - Deposits  Updating language regarding deposits for utility services to clarify existing processes and as follow-through on updated unclaimed intangible property policies. Sec. 26-719 - Service initiation and termination  Adding language regarding utility service initiation and updated language for utility service termination to reflect existing practices. Sec. 26-721 - Billing errors  Updating, removing, and adding language to streamline evaluation of billing error resolution and reconciliation of credits and undercharges (as follow through on updated unclaimed intangible property policies), and creating expedited customer appeal process. Sec. 26-722 - Leased property owners  Adding section clarifying existing practices regarding owners of rental properties and management of utility services ELECTRIC SERVICES Section 26-463 – Electric rates; general service rules, regulations and interconnection standards  Correcting outdated references to “electric service rules, regulations” with “Electric Service Standards”. BOARD / COMMISSION RECOMMENDATION Attached are the minutes from the Energy Board and Water Board presentations. Both boards recommended City Council adoption of the proposed Code revisions. PUBLIC OUTREACH Fort Collins Utilities added a webpage (http://www.fcgov.com/utilities/what-we-do/city-code-updates) to the Utilities website that notices the City Code changes, the timeline, and the details of the proposed changes. The proposed City Code updates were posted to this location prior to availability of the final City Council agenda materials for this meeting. 6 Packet Pg. 54 -1- ORDINANCE NO. 120, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-98 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING WATER METER REQUIREMENTS AND INSTALLATION WHEREAS, the City owns and operates a Water Utility that provides treated water service to customers; and WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services; and WHEREAS, pursuant to Ordinance No. 135, 1997, the City enacted significant revisions to Section 26-98 of the Code of the City of Fort Collins in order to, among other things, enact a schedule by which water meters will be installed for all of the City’s water customers; and WHEREAS, said revisions included a schedule and other provisions in order to satisfy the requirements of the Colorado Water Metering Act (Section 37-97-101 et seq., C.R.S.); and WHEREAS, various provisions of Section 26-98 of the Code of the City of Fort Collins are now no longer applicable; and WHEREAS, removing said provisions from Section 26-98 of the Code of the City of Fort Collins will facilitate the administration of water meter requirements and installation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-98 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-98. - Water meter requirements and installation. (a) Water meters shall be required for the following services: (1) All water services to residential users connected to the utility pursuant to a water services permit issued on or after July 1, 1990; (2) All water services to nonresidential users; and (3) All water services to residential and nonresidential users outside the corporate City limits. Packet Pg. 55 -2- (b) Water meters shall also be required for water services to residential users connected to the utility prior to July 1, 1990, as provided in Subsection (c) of this Section. (cb) A residential user having water service connected to the utility prior to July 1, 1990, that does not have an installed water meter shall allow the utility to install a water meter for such user's residential water service following notice as provided in this Subsection. on or before the date set by the Utilities Executive Director as provided in this Subsection. The Utilities Executive Director shall establish for each affected residential unit, in accordance with the criteria in Subsection (d) of this Section, a date by which such unit must receive water services from the utility through an installed water meter. The utility shall notify the residential user of this date requirement by sending by first class mail a written notice to the user at the address of the affected residential unit. Such notice must be mailed to the residential user at least fourteen (14) days prior to the date stated in the notice by the Utilities Executive Director as the date by which the water meter must be installed. Upon receiving such notice, the residential user shall follow the instructions in the notice by calling the utility to schedule the installation of the water meter by the required date. If the residential user fails to schedule or allow the utility to install the water meter by the required date, the residential user shall be deemed in violation of this Section and subject to the penalty provisions of Subsection (jg) of this Section. (d) In setting the dates for the installation of water meters pursuant to Subsection (c) of this Section, the Utilities Executive Director shall be guided by the following criteria: (1) Dates shall be set so as to satisfy the requirements of the Colorado Water Metering Act (Section 37-97-101 et seq., C.R.S.), but irrespective of the provisions of the Act, all residential water services connected to the utility must be required to be metered on or before December 31, 2005. (2) Dates for the installation of water meters shall be set for residential units in the following order, meaning the earliest required dates for installation shall be set for the first group of residential units listed below and progressing over time down the list to the last group of residential units for which the latest such dates shall be set: a. Residential units located in the City west of Taft Hill Road; b. Residential units located in the City east of Taft Hill Road and west of Shields Street; c. Residential units located in the City east of Shields Street and west of College Avenue; d. Residential units located in the City east of College Avenue and west of Lemay Avenue; and Packet Pg. 56 -3- e. Residential units located in the City east of Lemay Avenue. (3) Dates shall be set so as to make reasonably effective and efficient use of the City's resources available for the installation of water meters. (e) A residential user that is receiving unmetered water service from the utility, but is not yet required by this Section to have an installed water meter, may elect to have a water meter installed by and at the expense of the utility upon application to the utility for such installation. Any such election by a residential user to install a water meter shall be permanent and the user may not elect in the future to return to unmetered service. (fc) Water meter installations shall meet the requirements of the utilities standard construction specifications adopted by the Utilities Executive Director. Additionally: (1) Meters shall not be installed in a crawl space. (2) Residential ¾" meters may be installed interior or exterior to the building. (3) All meter installations for meter sizes of 1" or larger shall be installed in an exterior location. (4) Modifications to the installation locations required under this Subsection (f) (c) may be approved by the Utilities Executive Director if the Utilities Executive Director first determines that it is not practicable to meet the requirements of this Subsection (f) (c) due to the physical configuration of the subject property. (gd) If, during the installation of a water meter outside of a user's residential or nonresidential unit, it is determined that the water service line does not conform to the provisions of § 26-97, the entire cost of repairing or replacing such water service line shall be borne by the user. (he) All water meters and setting devices shall be of a type, size and design approved by the Utilities Executive Director and furnished by the utility. (if) The water meter is the property of the water utility. The utility shall maintain, test and repair all meters as necessary. A meter may be inspected at any reasonable time by the utility. (jg) It shall be unlawful for a user not to have an installed water meter when required to have one pursuant to this Section. Each day that a user fails to have an installed water meter when required to have one pursuant to this Section shall be deemed a separate and distinct violation. Failure of a user to have an installed water meter when required to have one pursuant to this Section shall also constitute a violation that subjects the user to discontinuance of water service in accordance with §26-51. Packet Pg. 57 -4- Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 58 -1- ORDINANCE NO. 121, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY UTILITY ACCOUNTS, BILLING AND COLLECTION PRACTICES WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services; and WHEREAS, Chapter 26, Article XII, of the City Code sets forth definitions and terms for assessing and collecting fees and charges due for delivery of specified utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification, correction of errors and to ensure that the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changing technology for and manner of delivering utility services; and WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the City Code where clarification of the service fee collection and bill-correction practices are required to better inform customers and align with current utility practices; and WHEREAS, on September 1, 2016, the Energy Board reviewed and voted unanimously to recommend approval of proposed revisions to Chapter 26 of the City Code to clarify and update utility customer billing and collection practices; and WHEREAS, on September 15, 2016, the Water Board reviewed and voted unanimously to recommend approval of proposed revisions to Chapter 26 of the City Code to clarify and update utility customer billing and collection practices; and WHEREAS, the City Council has determined it is desirable to maintain appropriate utility service billing and collection practices and the recommended clarification of such practices in the City Code, as set forth herein, is in furtherance of the benefits available to utility ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 26-279(c)(2) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-279. Service charges; categories. . . . Packet Pg. 59 -2- (c) The rate determination by category is as follows: . . . (2) If water use is metered, the rate for Categories A and B and the rate for Category C shall be based on winter quarter water use in accordance with the following formula: Cu = VuC Where: Cu = Users charge per billing period Vu = Volume of winter quarter water use C = A charge per unit volume of water used based upon the cost of service per unit volume of normal, domestic-strength wastewater a. The user shall be charged this calculated amount and the applicable base charge as set forth in § 26-280. If any metered water service customer connects to the wastewater utility or makes a change in the use of the premises or substantially expands such premises, the Utilities Executive Director shall make an estimate of the water consumption on such premises during an average winter month based upon a count of plumbing fixtures, consumption of similar customers or other information relevant to such determination; and such estimate, when made, shall be the basis for the wastewater service charge until the actual winter use for the premises can be determined or until an alternative means of determining wastewater volume is established for the user in accordance with this Article. b. If a metered water service customer experiences a temporary mechanical system failure or consumption event that substantially increases the customer’s normal volume of use, without otherwise changing the premises, and afterward presents proof of repairs completed and the customer returns to a normal volume of use, the Utilities Executive Director may adjust the customer’s winter quarter average if impacted by the failure or event. In making that adjustment, the Utilities Executive Director shall use the greater of the rate class average winter quarter average and an estimate of the water consumption at such premises during an average winter month, based on prior consumption at the premises, consumption of similar customers, and other information relevant to such determination, to the extent such information is available. Such estimate, when made, shall be the basis for the wastewater service charge until a corrected winter use for the premises can be determined or until an alternative means of determining wastewater volume is established for the customer under this Article. Packet Pg. 60 -3- . . . Section 3. That Section 26-463(c) and (d) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-463. - Electric rates; general service rules, regulations and interconnection standards. . . . (c) The Utilities Executive Director may adopt minor additions, revisions and corrections to the electric service rules, regulations Electric Service Standards and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System as may, in the judgment of the Utilities Executive Director, be necessary to better conform to good engineering and/or construction standards and practice or to clarify a particular standard. The Utilities Executive Director shall approve only those proposed technical revisions that: . . . (d) The Utilities Executive Director may approve the limited suspension of the electric service rules, regulations Electric Service Standards and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System for the purpose of supporting special research, equipment testing or pilot projects that are under the direction and control of the Fort Collins Utilities. The Utilities Executive Director shall approve limited suspension only for projects that: . . . Section 4. That Section 26-713 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-713. Due date; delinquency. (a) All fees and charges for the use of utility services are due and payable in full as of the due date specified on the utility bill and become delinquent after that date. Acceptance of partial payment will not be deemed a waiver of the City's right to collect any remaining balance or to exercise any of its authorized remedies for nonpayment. Prior to service disconnection, customers may make arrangements for payment with the approval of the Utilities Executive Director, and as otherwise provided in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. (b) All charges and fees on utility bills shall be effective as of the date mailed to the last known mailing address of the customer and shall be considered delinquent if payment is not received by the City by midnight of the due date as specified on the utility Packet Pg. 61 -4- bill. … (e) The terminated utility service will not be turned on again until restored after the customer has paid in full all delinquent fees and charges, plus interest and collection costs, together with the expenses of discontinuing and restoring service, including costs of after-hours labor and materials and specified fees, as provided in this Article are paid in full. Section 5. That Section 26-715 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-715. Deposits. The City may at any time require any utility customer to pay a service deposit if the customer has no history with the utility or has received one (1) or more final turn-off notices for delinquency within the past twelve (12) consecutive billing periods. or if the customer is unable to provide proof of satisfactory credit history. The amount of the deposit shall be two (2) times the estimated monthly bill for the utility services to be furnished to the customer. Any outstanding portion of a deposit not previously returned to a customer will be credited toward the customer’s final service bill. Section 6. That Section 26-719 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-719. Service initiation and termination Discontinuance of service at user's request. (a) Requests to initiate any utility service must be made to the utilities at least one (1) business day prior to the customer’s desired initiation date, and additional notice may be required to ensure services are available. Requests are managed as soon as possible during normal business hours and may incur additional fees and charges, as set forth in Section 26-712 of this Code. (b) All orders for Requests to terminateion of a utility, water, or wastewater electric service other than through an electronic service request portal shall must be made to the utilityies Customer Service Office at least three (3) days one (1) business day prior to the desired discontinuance date. The user customer(s) will be liable in any event for utility services consumed until the final meter reading is obtained. The termination notice given by the user customer does not relieve the user customer in any way from any minimum charges or payments guaranteed under a service contract. Packet Pg. 62 -5- Section 7. That Section 26-721 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-721. Billing errors. (a) When an error has been made in an account, the following shall apply: Overpayment (1) When the utility determines that a utility customer has overpaid for utility service and the overpayment occurred no more than six (6) years before the date the error is made known to the utility, the utility will issue to the customer a credit or a refund, without interest, as reimbursement for the overpayment if each of the following conditions is met: a. the customer could not have discovered the error with reasonable inquiry prior to the date of discovery; b. a. documentation evidencing the overpayment is available in utility records or has been provided to the utility by the customer; and c. b. the utility confirms the accuracy and sufficiency of the documentation based on utility records. Credit balances The utility will make reasonable efforts to refund or credit, without interest, to the customer any amount paid or credited to an account for utility service in excess of applicable charges where there are current billing records acceptable to the utility. Any refund mailed to the last known address of the customer and returned unpaid to the utility or not cashed by the customer within two (2) years of either the date of delivery or mailing of the check, will be retained by the City, and disposed of according to the unclaimed intangible property policies of the utility. Undercharges (2) When the utility determines that a current utility customer has been undercharged for any reason and had has underpaid for utility service, the customer shall be billed for the undercharges without interest unless, except: a. when the undercharges occurred more than six (6) years before the date the utility discovers the error is discovered and either of the following conditions is met; or a. b. the undercharges are for total less than a minimal amount based on a per account or aggregate billing system threshold established by the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720; or b. the customer could not have discovered the error with reasonable Packet Pg. 63 -6- inquiry. Meter failure When the utility determines a meter has failed to register usage within prescribed accuracy limits, the customer will be billed based on the estimated metered consumption for the period during which the meter malfunction occurred, unless the error is caused by vandalism or damage by parties other than the customer, as determined by the Utilities Executive Director. a. in the case of a failed water remote meter, the utility will bill for the difference between the inside meter reading and the remote reading, unless the failure was caused by vandalism or damage by parties other than customer, as determined by the Utilities Executive Director. b. customers who have been underbilled for services received, will be re-billed, at no interest, for the actual or estimated services delivered, based on utility service records or other information acceptable to the utility that verify previous billing statements do not appropriately reflect actual consumption. The number of billing cycles over which collection will occur will be subject to the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. . . . (d) Any customer aggrieved by a final determination or decision regarding a billing error correction under this Section may petition the Utilities Executive Director for a hearing by making a written application for such hearing within seven (7) days of the date of such determination or decision. The Utilities Executive Director may appoint a hearing officer or elect to conduct such hearing personally. If a timely request for hearing is made, a hearing concerning the propriety of the determination or decision shall be granted to the aggrieved party and, after notice to the aggrieved party, the hearing shall be held no more than ten (10) calendar days after the filing of the request for hearing. At the hearing, the appellant and the City may be represented by an attorney, may present evidence and may cross-examine witnesses. The decision of the hearing officer or Utilities Executive Director shall be based upon competent evidence. The aggrieved party may file an appeal from such hearing to the City Manager pursuant to §2-541 of this Code. Section 8. That a new Section 26-723 of the Code of the City of Fort Collins is hereby adopted to read as follows: Sec. 26-723. Leased property owners. (a) Owners of rental property served by City utilities are required to select the Packet Pg. 64 -7- preferred manner for administering utility services to the rental property during tenant vacancies. (b) Service options include: Leave Utilities On: This option automatically transfers account responsibility into the property owner’s name when a tenant discontinues service. A fee under Section 26-712 of this Code will be assessed to the property owner each time the services revert to the property owner. This option will not prevent discontinuance of service due to any delinquency. Turn Utilities Off: This option discontinues metered utilities at the property when a tenant discontinues service. A service connection fee under Section 26-712 of this Code will be assessed to the new service address account when services are reinstated. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. Mayor ATTEST: City Clerk Packet Pg. 65 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Ellen Martin, Visual Arts Administrator SUBJECT Resolution 2016-083 Approving an Art Project for the Mulberry Gateway Project and Authorizing Expenditures from the Art in Public Places Wastewater Utility Account to Commission an Artist to Create the Art Project. EXECUTIVE SUMMARY The purpose of this item is to approve expenditures from the Art in Public Places Wastewater Utility Account to commission an artist to create art for the Mulberry Gateway Project. The expenditures of $274,000 will be for design, materials, fabrication, installation, plantings, lighting, and contingency for Robert Tully to create gateway sculptures for this site. The site is near the northeast corner of Mulberry Street and Riverside Avenue. The art will wrap around the corner and extend north along Riverside. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 23-303 of the Code, which was added in 1995, established the Art in Public Places Reserve Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of works of art, and administrative expenses related to the Art in Public Places Program, in accordance with the Art in Public Places Guidelines adopted by the Council in Ordinance No. 20, 1995. The Council permanently adopted the Art in Public Places Program, and reenacted City Code Chapter 23, Article IX, with certain modifications in 2012. Artist Robert Tully worked with the Project Team to develop the concept for art at the site. The artist was selected through a “Request for Qualifications” (RFQ) process. The proposed sculptures will serve as a gateway to Fort Collins. The artwork will be a series of sandstone sculptures with colored-metal accents, which will be illuminated for a nighttime presence. Mulberry Street (State Highway 14) is part of the Scenic Byway leading up the Poudre Canyon. While continuing the theme of the stone used on the Mulberry Bridge, the sculptures are also inspired by the prominent buff sandstone cliffs where Highway 14 splits from Highway 287. The sculptures will include both man-made and natural elements, combining local buff sandstone and blue- tinted stainless steel. The stacked sandstone on the sculptures will complement the horizontal and vertically stacked stone design found on the Mulberry Bridge columns. The stainless steel will be interspersed in the vertical fissures of the buff sandstone “cliffs.” The blue of the metal is similar to the solar panels in the adjacent solar garden and will transition to a yellow orange metal at the north end of the site. This project will include landscaping that continues the landscape design from the Mulberry Bridge to the sculptures placed on Mulberry Street. The landscape will include tall grass seed mix around the sculpture area and a native shrub palette around the base of the art. 7 Packet Pg. 66 Agenda Item 7 Item # 7 Page 2 This design concept was reviewed and recommended by the Project Team and the Art in Public Places Board. CITY FINANCIAL IMPACTS The funds for this item have been appropriated in the Art in Public Places Wastewater Utility Account. The Art in Public Places program has a maintenance fund for the long-term care of the Art in Public Places art collection. The Mulberry Gateway Project art budget is $274,000 to be used for design, materials, fabrication, installation, plantings, lighting, and contingency for this artwork. BOARD / COMMISSION RECOMMENDATION At its September 16, 2015 meeting, the Art in Public Places Board reviewed and recommended the design concept and budget for this project. Staff continued to work with CDOT on the approval of the size, location, and lighting of the artworks. PUBLIC OUTREACH The Mulberry Gateway Project was promoted in a call to artists through an RFQ process. In an RFQ process, all submissions are reviewed and the artist selection is based on their portfolio of work. Submissions are reviewed by the Art in Public Places Board, a Purchasing representative, and representatives of the Project Team. Artists then collaborate with the project team and together they develop concepts for the artwork based on the goals of the project and input from the team. The final design and budget is reviewed and approved by the project team and then the Art in Public Places Board. The Board recommends the project to City Council for approval. The Art in Public Board is developing a plan for public outreach for APP Projects and will submit to City Council at the end of the year. The Mulberry Gateway design was presented at the October Riverside Area Open House and shared with the Fort Collins Area Chamber of Commerce Local Legislative Affairs Committee. ATTACHMENTS 1. Proposed Artwork (PDF) 2. Art in Public Places Board minutes, September 16, 2015 (PDF) 7 Packet Pg. 67 Art in Public Places (APP) Artist Robert Tully worked with the project team to develop the Mulberry Gateway project. The proposed sculptures will serve as a gateway to Fort Collins. The artwork will be a series of sandstone sculptures with colored-metal accents, that will be illuminated for a nighttime presence. Mulberry Street (State Highway 14) is part of the Scenic Byway leading up the Poudre Canyon. While continuing the theme of the stone used on the Mulberry Bridge, the sculptures are also inspired by the prominent buff sandstone cliffs where Highway 14 splits from Highway 287. The sculptures will include both man-made and natural elements, combining local buff sandstone and blue-tinted stainless steel. The stacked sandstone on the sculptures will complement the horizontal and vertically stacked stone design found on the Mulberry Bridge columns. The stainless steel will be inter- spersed in the vertical fissures of the buff sandstone “cliffs.” The blue of the metal is similar to the solar panels in the adjacent solar garden and will transition to a yellow orange metal at the north end of the site. This project will include landscaping that continues the landscape design from the Mulberry Bridge to the sculptures placed on Mulberry Street. The landscape will include tall grass seed mix around the sculpture area and a native shrub palette around the base of the art. ART IN PUBLIC PLACES—PICKLE PLANT GATEWAY PROJECT ART IN PUBLIC PLACES MULBERRY GATEWAY PROJECT ARTIST ROBERT TULLY The sandstone cliffs that inspired the piece. They are located where Highway 14 splits from 287 ATTACHMENT 1 7.1 Packet Pg. 68 Attachment: Proposed Artwork (4923 : APP Mulberry Gateway Project) View heading east toward the corner of Mulberry Avenue and Riverside Street Sculptures placed along the fence line on Riverside View heading east toward the Mulberry and Riverside corner, depicting the illuminated sculptures at night The stone sculptures will decrease in height from 20’ on Mulberry Street, wrapping around the corner to a height of 15’, then 10’, with the shortest height of 7” feet on site along Riverside Avenue. The face of the stone structures will be illuminated. Mulberry sculptures illuminated 7.1 Packet Pg. 69 Attachment: Proposed Artwork (4923 : APP Mulberry Gateway Project) Sculpture Placement There are four stone sculpture groupings comprised of eight individual stones. The largest grouping is on Mulberry Street, the second is in the trees on the corner, the third is at the southwest corner of the solar gardens fence, and the fourth is along Riverside Avenue. There’s approximately 140 tons of local buff sandstone used in these sculptures. RIVERSIDE AVE. MULBERRY ST. FUTURE PATH 7.1 Packet Pg. 70 Attachment: Proposed Artwork (4923 : APP Mulberry Gateway Project) ART IN PUBLIC PLACES MINUTES Wednesday, September 16, 2015 Uncoln Center Columbine Room Council Liaison: Kristin Stephens Staff Liaison: Ellen Martin Chairperson: Jill Kreutzer Vice Chair: Jane Nevrtvy Cultural Resource Board Liaison: Tedi Cox MEMBERS PRESENT: Gwen Hatchette, Carol Ann Hixon, Jill Kreutzer, Jane Nevrtvy, and Sabrina Zimmerman MEMBERS ABSENT: Renee Sherman, and Shelby Sommer STAFF PRESENT: Ellen Martin, Liz Good, Seth Lorson, Kyle Lambrecht, and Norm Weaver CULTURAL RESOURCE BOARD LIAISON: Not Present I. Call to order: 3:37pm by Ms. Kreutzer II. Citizen Participation III. Downtown Plan Presentation Seth Lorson, City Planner, presented the current status of the Downtown Plan to the Board. The plan is currently in Phase 2 (Priorities) and close to entering Phase 3 (Strategies). Arts and Culture is one of the Plan Topic Areas. Mr. Lorson shared the Key Issues and identified priorities related to Arts and Culture. The board offered feedback and asked Mr. Lorson to give updates and as the plan progresses. IV. Mulberry Gateway Design Review Artist Robert Tully, Kyle Lambrecht with the Engineering Department, and Norm Weaver vvith the Utilities Department presented the concept for this site. The project was formerly referred to as the Pickle Plant site, but now is the Mulberry Gateway Project. The concept is for a gateway that connects nature and the man made environment. It features a main sculptural rock form that is approximately 20' tall, with additional stone works that wrap around the corner and down Riverside Ave. Spacing and height is determined by existing utilities, solar garden, and trees. Blue stainless-steel will be attached to the sides of the buff sandstone forms. As this site is on a highway, the design will also undergo CDOT review. If there are changes they will be brought back to the board. Ms. Hixon moved to accept the project as presented Ms. Hatchette seconded Unanimously approved V. Consideration of tonight's agenda VI. Consideration of Minutes from August 19 and September 2 Ms. Hixon moved that the minutes be accepted Ms. Zimmerman seconded Unanimously approved VII. Staff Report Ms. Martin presented the staff report ATTACHMENT 2 7.2 Packet Pg. 71 Attachment: Art in Public Places Board minutes, September 16, 2015 (4923 : APP Mulberry Gateway Project) -1- RESOLUTION 2016-083 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ART PROJECT FOR THE MULBERRY GATEWAY PROJECT AND AUTHORIZING EXPENDITURES FROM THE ART IN PUBLIC PLACES WASTEWATER UTILITY ACCOUNT TO COMMISSION AN ARTIST TO CREATE THE ART PROJECT WHEREAS, the City is in the process of constructing improvements known as the Mulberry Bridge Gateway Project along a portion of State Highway 14 (the “Project”); and WHEREAS, pursuant to Sections 23-303 and 23-304 of the City Code, one percent of the funds appropriated for the Project was set aside for use in the acquisition, installation, and maintenance of works of art in accordance with the Art in Public Places Guidelines adopted by the City Council in Ordinance No. 047, 1998 (the “Guidelines”); and WHEREAS, through a “Request for Qualifications” process, Robert Tully (the “Artist”) was selected to develop the concept for art for the Project; and WHEREAS, the Artist has proposed artwork for the Project consisting of a series of sandstone sculptures with colored-metal accents, which will be illuminated at night and continue the design of stone incorporated into existing architectural elements of the Mulberry Bridge (the “Art Project”); WHEREAS, the Art in Public Places Board (“the Board”) evaluated the Art Project at its regular meeting on September 16, 2016 pursuant to the Guidelines; and WHEREAS, the budget for the Art Project, which includes design, materials, fabrication, landscaping, lighting, installation, and contingency for the Art Project, is $274,000; and WHEREAS, the funds for the Art Project are already appropriated and will be used to provide for the Artists’ design fees, materials, fabrication, landscaping, lighting, installation and contingency for the Art Project; and WHEREAS, Section 23-308 of the City Code requires the Board’s selection of the recommended art be presented for City Council review and approval because the cost of the art exceeds $30,000; and WHEREAS, pursuant to Section 23-308 of the City Code, the Board recommends City Council approve the Art Project and authorize expenditure of the appropriated funds from the Art in Public Places Wastewater Utility Account for the Art Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Packet Pg. 72 -2- Section 2. That the City Council hereby approves the Art Project and authorizes the expenditure of appropriated funds in an amount not to exceed TWO HUNDRED SEVENTY FOUR THOUSAND DOLLARS ($274,000) from the Art in Public Places Wastewater Utility Account, for the Art Project proposed by the Artist, the conceptual design of which was selected and approved by the Art in Public Places Board on September 16, 2016. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of November, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 73 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-084 Making an Appointment to the Citizen Review Board. EXECUTIVE SUMMARY The purpose of this item is to appoint Mark Partridge to the Citizen Review Board to fulfill the remaining term of resigning board member Claudia McGee, whose term was set to expire on December 31, 2018. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 8 Packet Pg. 74 -1- RESOLUTION 2016-084 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AN APPOINTMENT TO THE CITIZEN REVIEW BOARD WHEREAS, a vacancy currently exists on the Citizen Review Board due to the resignation of Claudia McGee; and WHEREAS, Councilmembers and the City Manager interviewed applicants for vacancies on the Citizen Review Board on July 26, 2016; and WHEREAS, from the pool of applicants for this board, Mark Partridge was recommended to fill any future vacancy on the Citizen Review Board; and WHEREAS, the City Council desires to make an appointment to fill the vacancy on the Citizen Review Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Mark Partridge is hereby appointed to fill the current vacant position on the Citizen Review Board with a term to commence immediately upon the adoption of this Resolution and to expire on December 31, 2018. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of November, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 75 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Lawrence Pollack, Budget Director Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 115, 2016, 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, adopted on First Reading on October 18, 2016, by a vote of 6-0 (Campana recused) 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 2016 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. This item was reviewed by the Council Finance Committee on September 30, 2016 and the Committee recommended moving forward for Council consideration. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 18, 2016 (PDF) 2. Ordinance No. 115, 2016 (PDF) 9 Packet Pg. 76 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY October 18, 2016 City Council STAFF Lawrence Pollack, Budget Director Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 115, 2016, 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 2016 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. This item was reviewed by the Council Finance Committee on September 30, 2016 and recommended moving forward for Council consideration. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 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 transfers proposed here satisfy this requirement. If these appropriations 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 9.1 Packet Pg. 77 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 2 A. GENERAL FUND 1. Fort Collins Police Services (FCPS) has received revenue from various sources which are being requested for appropriation to cover the related expenditures. A listing of these items follows: a. $7,000 - In 2016, Police received a grant award from the Internet Crimes Against Children from the U.S. Department of Justice, Office of Juvenile and Delinquency Prevention. The funding was used to offset some of the costs of programs to develop effective responses to technology-facilitated child sexual exploitation and Internet crimes against children. b. $4,940 - 2016 Seatbelt Grant - In 2016, Fort Collins Police received a grant from the Colorado Department of Transportation for Seatbelt Enforcement. The grant paid for officers to work overtime to conduct enforcement activities. c. $12,036 - 2016 High Visibility DUI Grant - In 2016, Fort Collins Police received grant funds from the Colorado Department of Transportation to pay for overtime for DUI enforcement during specific holiday time periods. d. $7,788 - 2016 Law Enforcement Assistance Funds (LEAF) DUI Grant - In 2016, Fort Collins Police received grant funds from the Colorado Department of Transportation to pay for overtime for DUI enforcement. e. $500 - 2016 Victim Assistance and Law Enforcement (VALE) Grant - In 2016, Fort Collins Police received grant funds from the Colorado Division of Criminal Justice, Department of Public Safety for a scholarship for travel expenses for victims’ advocates. f. $192,226 - Police Overtime and Straight Time Reimbursement - In 2016, Police Services received reimbursement from various entities for overtime expenses including: CSU football traffic control, Tour De Fat, Brew Fest and New West Fest. Additionally, in 2016 FCPS partnered with Larimer County to staff events at The Ranch. g. $370,616 - 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 Funding Unanticipated Revenue Prior Year Reserves Transfers between Funds TOTAL General Fund $1,194,410 $2,093,657 $0 $3,288,067 Sales & Use Tax Fund 0 2,137,074 0 2,137,074 Capital Projects Fund 121,591 0 0 121,591 Cemetery Fund 5,000 0 0 5,000 Conservation Trust Fund 220,000 0 0 220,000 Equipment Fund 123,200 0 0 123,200 Natural Areas Fund 20,000 0 1,068,537 1,088,537 Neighborhood Parkland Fund 92,458 0 0 92,458 Perpetual Care Fund 0 0 5,000 5,000 Storm Drainage Fund 19,556 0 0 19,556 Transit Services Fund 69,000 0 0 69,000 Transportation Fund 725,000 0 0 725,000 Transportation Fund (Snow Removal) 0 875,000 0 875,000 Water Fund 390,491 0 0 390,491 KFCG 0 0 2,100 2,100 GRAND TOTAL $2,980,706 $5,105,731 $1,075,637 $9,162,074 9.1 Packet Pg. 78 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 3 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 recognized the full expense for the contract, as well as the revenue from the County. This change was made after the adoption of the 2016 budget, therefore additional appropriation is requested to allow the City to pay the full amount. h. $153,347 - Insurance Claim Proceeds - The FCPS received unanticipated revenue from insurance claims for three damaged vehicles. FROM: Unanticipated Revenue (Internet Crimes Against Children Grant) $7,000 FROM: Unanticipated Revenue (2016 Seatbelt Grant) $4,940 FROM: Unanticipated Revenue (2016 High Visibility DUI Grant) $12,036 FROM: Unanticipated Revenue (2016 LEAF DUI Grant) $7,788 FROM: Unanticipated Revenue (2016 VALE Grant) $500 FROM: Unanticipated Revenue (Miscellaneous Revenue) $562,842 FROM: Unanticipated Revenue (Insurance Proceeds) $153,347 FOR: Internet Crimes Against Children Grant $7,000 FOR: Seatbelt Grant $4,940 FOR: High Visibility DUI Grant $12,036 FOR: LEAF DUI Grant $7,788 FOR: VALE Grant $500 FOR: Police Services $192,226 FOR: Tiburon/CAD system $370,616 FOR: Police Vehicle Purchases $153,347 2. Operation Services is requesting funds for: a. $36,125 - Energy Management - Funds were received as a lighting rebate from Platte River Power Authority and will be used for lighting upgrade projects this year. b. $200,000 - Building Repair and Maintenance (BRM) Additional Revenue and Expense - Unanticipated revenue from work that was not planned in non-general fund departments. FROM: Unanticipated Revenue (PRPA Grant) $36,125 FROM: Unanticipated Revenue (BRM) $200,000 FOR: Lighting Upgrade Projects $36,125 FOR: Building Repair and Maintenance $200,000 3. This request is to appropriate $699,126 to cover the payment of 2014 Manufacturing Equipment Use Tax rebates (MUTR) made in 2016 and $1,380,231 to cover the payment of 2015 MUTR made in 2016. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tax Rebates were paid out in July 2016 for the 2014 rebate program and will be paid out for the 2015 rebate program later in 2016. The rebate program was established to encourage investment in new manufacturing equipment by local 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) $2,079,357 FOR: Manufacturing Use Tax Rebates $2,079,357 4. This request appropriates insurance reimbursements for Parks infrastructure damaged by others during 2016 ($15,497) and the donation for the 4th of July celebration at City Park ($23,000). FROM: Unanticipated Revenue $38,497 FOR: Parks 4th of July celebration expense $23,000 FOR: Repair and/or replacement of damaged infrastructure expense $15,497 9.1 Packet Pg. 79 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 4 5. The Gardens on Spring Creek requests appropriations of unanticipated revenues from increased program activity 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 $52,000 FOR: Gardens on Spring Creek Programs and Operations $52,000 6. 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 use test kit sales revenue for the purpose of restocking radon test kits. FROM: Unanticipated Revenue (from radon kit sales) $5,942 FOR: Radon Test Kits $5,942 7. This request is intended to cover expenses related to land bank property maintenance needs for 2016. As expenses vary from year-to-year, funding is requested annually mid-year to cover these costs. Expenses for 2016 include general maintenance of properties, raw water and sewer expenses, and electricity. FROM: Prior Year Reserves (Land Bank Reserve) $14,300 FOR: Land Bank Expenses $14,300 8. 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, 2016 through June 30, 2017. FROM: Unanticipated Revenue (grant) $87,764 FOR: Fort Collins Convention and Visitors Bureau $87,764 9. The City received two separate metropolitan district applications for its review and consideration. As per City policy, each application was accompanied by a non-refundable application fee of $2,000 and a deposit of $10,000 to be utilized for the reimbursement of staff, legal and consultant expenses. In order for the funds to be used as such they must be appropriated by City Council. FROM: Unanticipated Revenue $24,000 FOR: Metropolitan District Application Staff, Legal and Consultant Expenses $24,000 10. The Multicultural Community Retreat in 2016 will be hosted by the City of Fort Collins Social Sustainability Department, Colorado State University, Front Range Community College, Fort Collins Community Action Network (FCCAN), Poudre School District, Diversity Solutions Group, and community members. The City collected participant revenue for the retreat, which will partially offset event expenses. FROM: Unanticipated Revenue $1,590 FOR: Multicultural Community Retreat Expense $1,590 B. SALES AND USE TAX FUND 1. The sales and use tax revenue received in 2015 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 $2,137,074 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 $1,068,537, and for transfer to the Natural Areas Fund for the Natural Areas tax of $1,068,537. 9.1 Packet Pg. 80 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 5 FROM: Prior Year Reserves (Sales & Use Tax Fund) $2,137,074 FOR: Transfer to Capital Projects Fund - Building on Basics $1,068,537 FOR: Transfer to Natural Areas Fund $1,068,537 C. CAPITAL PROJECTS FUND 1. As part of the Lincoln Avenue Improvements Project, additional funds have been received from two developers, Fort Collins Brewery and Buckingham Place 2nd filing, lots 1 & 2, as payment to construct the local street improvements for Lincoln Avenue adjacent to Fort Collins Brewery and Buckingham Place 2nd filing, lots 1 & 2. FROM: Unanticipated Revenue (Contributions in Aid) $101,057 FOR: Construction of local street improvements for Lincoln Avenue $101,057 adjacent to Fort Collins Brewery and Buckingham Place 2nd filing, lots 1 & 2. 2. As part of the North College Avenue Improvements Project, additional funds have been received from the property owner at 920 N. College Ave., as payment to construct the local street improvements for North College Avenue adjacent to 920 N. College Ave. FROM: Unanticipated Revenue (Contributions in Aid) $20,266 FOR: Construction of local street improvements for the North College $20,266 Avenue adjacent to 920 North College Avenue D. CEMETERY FUND 1. This request appropriates an increase in the transfer of Perpetual Care interest earnings to the Cemetery Fund due to interest earnings being slightly higher than anticipated in 2016. Perpetual Care interest earnings are transferred to the Cemetery Fund for cemetery maintenance. FROM: Unanticipated Revenue (transfer from another fund) $5,000 FOR: Cemetery Maintenance Expense $5,000 E. CONSERVATION TRUST FUND 1. Additional 2016 lottery proceed revenue in the Conservation Trust Fund would be used for the construction of the Fossil Creek Trail segment between College and Shields. The project includes a tunnel under the BNSF railroad, several pedestrian bridges, and a trail segment that will provide a key connection between the Fossil Creek Trail at Cathy Fromme Prairie and the Mason Trail. FROM: Unanticipated Revenue $220,000 FOR: Trail Construction Expenses $220,000 F. EQUIPMENT FUND 1. Appropriation of unanticipated grant revenue from the Regional Air Quality Council to purchase compressed Natural Gas vehicles: two semi-tractors, one tandem dump truck, and two utility line trucks. The total amount of grant funding is $123,200 with a 20% match covered by the departments’ existing appropriations. FROM: Unanticipated Revenue (grant) $123,200 FROM: CNG Vehicles $123,200 9.1 Packet Pg. 81 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 6 G. NATURAL AREAS FUND 1. The sales and use tax revenue received in 2015 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 $1,068,537 transferred from the Sales and Use Tax Fund to the Natural Areas Fund for Land Conservation expenses. FROM: Unanticipated Revenue (transfer from another fund) $1,068,537 FOR: Natural Areas Expenses $1,068,537 2. The City of Fort Collins Natural Areas Department has been awarded a grant of $10,000 from the History Colorado State Historical Fund. This grant supports the research, analysis, and preparation of a Historic Structure Assessment for Graves Camp near Graves Creek in the Soapstone Prairie Natural Area. The findings of the report will guide future restoration work and will enable the Natural Areas Department to seek additional funding to implement recommended improvements. This is a reimbursement type grant; revenue will be received upon submission of the final report. FROM: Unanticipated Revenue (grant) $10,000 FOR: Historic Structure Assessment for Graves Camp $10,000 3. Appropriation of funds from the Downtown Business Association and the Community Foundation to support fundraising activities on behalf of the Poudre River Downtown Project, Phase I, kayak park. Fundraising is complete. FROM: Unanticipated Revenue $10,000 FOR: Poudre River Downtown Project, Phase I, kayak park $10,000 H. NEIGHBORHOOD PARKLAND FUND 1. This request appropriates miscellaneous revenue from contributions, donations and intergovernmental funds received for Avery Park Improvements, Maple Hill Park and Side Hill Park. FROM: Unanticipated Revenue (Transfer In) $92,458 FOR: Avery Park, Maple Hill Park and Side Hill Park Expenses $92,458 I. PERPETUAL CARE FUND 1. This request appropriates an increase in the transfer of Perpetual Care interest earnings to the Cemetery Fund due to interest earnings being higher than anticipated in 2016. Perpetual Care interest earnings are transferred to the Cemetery Fund each year for cemetery maintenance. FROM: Unanticipated Revenue $5,000 FOR: Transfer to Cemetery Fund $5,000 J. STORM DRAINAGE FUND 1. The City of Fort Collins, the Colorado Department of Transportation (CDOT) and Woodward, Inc. entered into a mutually beneficial agreement to jointly fund the consulting services necessary to prepare and submit a Letter of Map Revision to the Federal Emergency Management Agency (FEMA) to revise the Poudre River floodplain from Lincoln Avenue to Lemay Avenue. This floodplain revision will account for and document floodplain impacts resulting from construction of the Woodward Business Campus/Homestead Natural Area, the Mulberry (State Highway 14) Street Widening and Bridge Replacement, the Lemay Pedestrian Trail/Bridge Re-alignment and the Lemay Avenue Overtopping Mitigation Improvements. The City is contracting with the engineering consultant and CDOT is reimbursing the City for CDOT’s share ($19,556) of the consulting and FEMA review fees which totals $48,890. 9.1 Packet Pg. 82 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 7 FROM: Unanticipated Revenue (CDOT reimbursement) $19,556 FOR: Consulting and FEMA fees for Poudre River Floodplain $19,556 K. TRANSIT SERVICES FUND 1. Transfort has entered into an agreement with CSU to provide additional service for the Foothills Campus Shuttle. This request will fund the first half of the 2016-2017 school year. FROM: Unanticipated Revenue (CSU) $69,000 FOR: Foothills Campus Shuttle Bus Route Service $69,000 L. TRANSPORTATION SERVICES FUND 1. As part of the Fort Collins Bike Share Program, Kaiser Permanente committed to sponsoring the program at $25,000 for one year, with the possibility of renewing for a second year. Kaiser Permanente is directing its sponsorship to Zagster, Inc. (bike share service provider) through the City. This $25,000 contribution will support three bike share stations, 13 bikes and helmets. FROM: Unanticipated Revenue (grant) $25,000 FOR: FC Bike Share Program $25,000 2. The Planning, Development and Transportation Work for Others is a self-supported program for all “Work for Others” 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 $2,217,369 was an estimate based on scheduled projects. Additional unanticipated projects were added in 2016. In addition, the Streets Department is anticipating traffic control and patching projects for other departments similar to 2015. Additional appropriations of $700,000 will be used to cover labor, material and equipment costs that will be recovered upon completion of the various projects. FROM: Unanticipated Revenue (WFO) $700,000 FOR: Traffic Construction $100,000 FOR: Streets WFO $600,000 3. Due to the snow storms in January, February and March 2016, the 2016 snow budget has been depleted. There were five storms and approximately 47" of snow in this timeframe which required residential plowing for the first time since 2007. Extensive ice cutting was required because of the weather pattern. Warmer days, bitter cold nights, and waves of 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 with an increase of 62% from 2015. Downtown snow removal was performed five times requiring snow to be hauled off by trucking contractors. Additional funding of $875,000 will be used to provide snow removal services during the winter months of October through December 2016. This will cover labor, equipment and materials. FROM: Prior Year Reserves $875,000 FOR: Snow Removal $875,000 M. WATER FUND 1. Water received $390,491 of additional revenue from the Parks Department for the Rigden Reservoir project that needs to be appropriated for Water Supply projects in 2016. FROM: Unanticipated Revenue $390,491 FOR: Water Supply Projects $390,491 9.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 4 Item # 4 Page 8 N. KFCG FUND 1. Adjustment of transfer to Cultural Services Fund for Art in Public Places for Bicycle Parking Facility at Downtown Transit Center. FROM: Unanticipated Revenue (transfer from another fund) $2,100 FOR: Art in Public Places $2,100 CITY FINANCIAL IMPACTS This Ordinance increases total City 2016 appropriations by $9,162,074. Of that amount, this Ordinance increases General Fund 2016 appropriations by $3,288,067 including use of $2,093,657 in prior year reserves. Funding for the total City appropriations is $2,980,706 from unanticipated revenue, $5,105,731 from prior year reserves and $1,075,637 transferred from other funds. The following is a summary of the items requesting prior year reserves: ATTACHMENTS 1. Council Finance Committee presentation (PDF) Item # Fund Use Amount A3 General Manufacturing Equipment Use Tax Rebate $2,079,357 A7 General Land Bank Property Maintenance 14,300 B1 Sales & Use Tax Transfer of 2015 sales tax revenue for BOB & Natural Areas 2,137,074 K4 Transportation Snow Removal 875,000 Total Use of Prior Year Reserves: $5,105,731 9.1 Packet Pg. 84 Attachment: First Reading Agenda Item Summary, October 18, 2016 (4936 : SR 115 Annual Budget Adjustment) -1- ORDINANCE NO. 115, 2016 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, 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 the transfers proposed here satisfy this requirement; and WHEREAS, the City Council wishes to provide for the expenditures listed below and the City Manager recommends that the Council appropriate the funds for these expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following funds are hereby authorized for transfer and appropriated for expenditure for the purposes stated below. A. GENERAL FUND 1. FROM: Unanticipated Revenue (Internet Crimes Against Children Grant) $7,000 FROM: Unanticipated Revenue (2016 Seatbelt Grant) $4,940 FROM: Unanticipated Revenue (2016 High Visibility DUI Grant) $12,036 FROM: Unanticipated Revenue (2016 LEAF DUI Grant) $7,788 9.2 Packet Pg. 85 Attachment: Ordinance No. 115, 2016 (4936 : SR 115 Annual Budget Adjustment) -2- FROM: Unanticipated Revenue (2016 VALE Grant) $500 FROM: Unanticipated Revenue (Miscellaneous Revenue) $562,842 FROM: Unanticipated Revenue (Insurance Proceeds) $153,347 FOR: Internet Crimes Against Children Grant $7,000 FOR: Seatbelt Grant $4,940 FOR: High Visibility DUI Grant $12,036 FOR: LEAF DUI Grant $7,788 FOR: VALE Grant $500 FOR: Police Services $192,226 FOR: Tiburon/CAD system $370,616 FOR: Police Vehicle Purchases $153,347 2. FROM: Unanticipated Revenue (Platte River Power Authority Grant) $36,125 FROM: Unanticipated Revenue (Building Repair and Maintenance) $200,000 FOR: Lighting Upgrade Projects $36,125 FOR: Building Repair and Maintenance $200,000 3. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $2,079,357 FOR: Manufacturing Use Tax Rebates $2,079,357 4. FROM: Unanticipated Revenue $38,497 FOR: Parks 4th of July celebration expense $23,000 FOR: Repair and/or replacement of damaged infrastructure expense $15,497 5. FROM: Unanticipated Revenue $52,000 FOR: Gardens on Spring Creek Programs and Operations $52,000 6. FROM: Unanticipated Revenue (from radon kit sales) $5,942 FOR: Radon Test Kits $5,942 7. FROM: Prior Year Reserves (Land Bank Reserve) $14,300 FOR: Land Bank Expenses $14,300 8. FROM: Unanticipated Revenue (grant) $87,764 FOR: Fort Collins Convention and Visitors Bureau $87,764 9. FROM: Unanticipated Revenue $24,000 FOR: Metropolitan District Application Staff, Legal and Consultant Expenses $24,000 10. FROM: Unanticipated Revenue $1,590 FOR: Multicultural Community Retreat Expense $1,590 9.2 Packet Pg. 86 Attachment: Ordinance No. 115, 2016 (4936 : SR 115 Annual Budget Adjustment) -3- B. SALES & USE TAX FUND 1. FROM: Prior Year Reserves (Sales & Use Tax Fund) $2,137,074 FOR: Transfer to Capital Projects Fund - Building on Basics $1,068,537 FOR: Transfer to Natural Areas Fund $1,068,537 C. CAPITAL PROJECTS FUND 1. FROM: Unanticipated Revenue (Contributions in Aid) $101,057 FOR: Construction of local street improvements for Lincoln Ave. $101,057 adjacent to Fort Collins Brewery and Buckingham Place 2nd filing, lots 1 & 2. 2. FROM: Unanticipated Revenue (Contributions in Aid) $20,266 FOR: Construction of local street improvements for the North College $20,266 Avenue adjacent to 920 N. College Ave. D. CEMETERY FUND 1. FROM: Unanticipated Revenue (transfer from another fund) $5,000 FOR: Cemetery Maintenance Expense $5,000 E. CONSERVATION TRUST FUND 1. FROM: Unanticipated Revenue $220,000 FOR: Trail Construction Expenses $220,000 F. EQUIPMENT FUND 1. FROM: Unanticipated Revenue (grant) $123,200 FROM: CNG Vehicles $123,200 G. NATURAL AREAS FUND 1. FROM: Unanticipated Revenue (transfer from another fund) $1,068,537 FOR: Natural Areas Expenses $1,068,537 2. FROM: Unanticipated Revenue (grant) $10,000 FOR: Historic Structure Assessment for Graves Camp $10,000 3. FROM: Unanticipated Revenue $10,000 FOR: Poudre River Downtown Project, Phase I, kayak park $10,000 9.2 Packet Pg. 87 Attachment: Ordinance No. 115, 2016 (4936 : SR 115 Annual Budget Adjustment) -4- H. NEIGHBORHOOD PARKLAND FUND 1. FROM: Unanticipated Revenue (Transfer In) $92,458 FOR: Avery Park, Maple Hill Park and Side Hill Park Expenses $92,458 I. PERPETUAL CARE FUND 1. FROM: Unanticipated Revenue $5,000 FOR: Transfer to Cemetery Fund $5,000 J. STORM DRAINAGE FUND 1. FROM: Unanticipated Revenue (CDOT reimbursement) $19,556 FOR: Consulting and FEMA fees for Poudre River Floodplain $19,556 K. TRANSIT SERVICES FUND 1. FROM: Unanticipated Revenue (Colorado State University) $69,000 FOR: Foothills Campus Shuttle Bus Route Service $69,000 L. TRANSPORTATION SERVICES FUND 1. FROM: Unanticipated Revenue (grant) $25,000 FOR: FC Bike Share Program $25,000 2. FROM: Unanticipated Revenue (WFO) $700,000 FOR: Traffic Construction $100,000 FOR: Streets WFO $600,000 3. FROM: Prior Year Reserves $875,000 FOR: Snow Removal $875,000 M. WATER FUND 1. FROM: Unanticipated Revenue $390,491 FOR: Water Supply Projects $390,491 N. KFCG FUND 1. FROM: Unanticipated Revenue (transfer from another fund) $2,100 FOR: Art in Public Places $2,100 9.2 Packet Pg. 88 Attachment: Ordinance No. 115, 2016 (4936 : SR 115 Annual Budget Adjustment) -5- Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2016, and to be presented for final passage on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 9.2 Packet Pg. 89 Attachment: Ordinance No. 115, 2016 (4936 : SR 115 Annual Budget Adjustment) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager Laurie Kadrich, Director of PDT SUBJECT Second Reading of Ordinance No. 117, 2016, Authorizing the Acquisition by Eminent Domain of Additional Real Property Interests Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on October 18, 2016, by a vote of 4-3 (nays: Campana, Cunniff, Overbeck) authorizes the use of eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for a partial acquisition affecting 1535 Remington Street at the east end of the project. On First Reading, Council adopted Option 2 - Modified Dual Left Alternative. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (PDF) 2. Ordinance No. 117, 2016 (PDF) 10 Packet Pg. 90 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 18, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager Laurie Kadrich, Director of PDT SUBJECT First Reading of Ordinance No. 117, 2016, Authorizing the Acquisition by Eminent Domain of Additional Real Property Interests Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for a partial acquisition affecting 1535 Remington Street at the east end of the project. On July 5, 2016 City Council did not pass the second reading of Ordinance No. 73, 2016 which would have authorized staff to move forward with an acquisition based on the original preferred alternative. Council directed staff to work with the property owners for approximately four months in good faith negotiation to find a compromise alternative. Staff worked with the property owner extensively over the last several months and developed the following alternatives in addition to the Original Dual Left Alternative (Option 1):  Option 2 - Modified Dual Left Alternative  Option 3 - Single Left Alternative At the July 5 Council meeting, Council discussed the desire for a compromise that does not impact the wall or tree to the east of the driveway and still maintains the congestion benefit. Option 2 accomplishes this by making significant design modifications to the original alternative, including:  Shortening the eastbound left turn lane onto Remington  Utilizing an 8-foot (on asphalt) westbound travel lane on the north side of the roadway  Shortening the tangent and transition into the intersection at College  Narrowing the sidewalk to a “pinch point” of 5 feet just to the east of the driveway and widens to the existing width towards Remington-a 10-foot walk is proposed for the area to the west of the driveway Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff will continue to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for partial property acquisition on 1535 Remington Street for the Project only if such action is necessary in order to keep the project on schedule. ATTACHMENT 1 10.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4937 : SR 117 Prospect/College Eminent Domain Agenda Item 7 Item # 7 Page 2 STAFF RECOMMENDATION Staff developed Option 2-Modified Dual Left Alternative as a compromise which maintains the congestion benefits and does not impact the wall or tree east of the driveway. Staff has and will continue to be supportive of our original design (Option 1) and the Modified Dual Left Alternative (Option 2). As well, staff agrees that a Single Left Alternative (Option 3) will provide some congestion relief to the existing conditions and reduces right-of-way impacts at 1535 Remington Street. BACKGROUND / DISCUSSION The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection improvements, multimodal improvements, utility improvements, and access control improvements. At the July 5, 2016 Council meeting City Council directed staff to work with the property owner over the next four months to find a compromise solution that maintains the congestion benefits of the project and minimizes private property impacts. City staff has continued to work with the property owner and developed several different alternatives. Option 1 presented is the staff original dual left design that was the basis for the acquisition on the commercial properties and was adopted on First Reading for the residential properties. Option 2 modified the original design so that it did not impact the wall or tree to the east of the driveway and still maintained the congestion benefits of the project. Design changes were made in order to not impact the wall or tree including the following roadway geometry modifications:  8-foot travel lane (8 feet of asphalt and 2 feet of concrete gutter) east of the driveway at 1535 Remington Street adjacent to the existing sidewalk  Narrowing the sidewalk down to a minimum of 5feet just to the east of the driveway and widening back out to the existing width as you approach Remington - the total length of the 5-foot width section is approximately 5-10 feet  Further reducing the transition length into the intersection with College Avenue, leaving a 110’ tangent approaching the intersection  Reducing the Remington left turn storage to a total of 60 feet  Reducing median widths to 3-5 feet Option 3 is a single left alternative that does not impact the wall or the tree to the east of the driveway and has less impact to the west of the driveway. This alternative reduces the congestion benefits of the project and has the following roadway geometrics:  Lane widths between 9-11 feet  Maintains existing sidewalk width at 1535 Remington Street  Maintains longer transition length into the intersection with College Avenue, leaving a 200-foot tangent approaching the intersection  Requires eastbound left turn at Remington to be closed  Median width of 4-6 feet  The property owners of 1535 Remington have indicated that they would be willing to sign a possession and use agreement with the City for this option. Staff has used traffic modeling software to predict the congestion benefits of each of the three alternatives. Models are a critical tool used to evaluate the operation of the intersection under different future scenarios. Model results have margins of error and are best used to compare single design changes while holding all other variables constant. For these reasons staff has represented congestion benefits of the alternatives in ranges. The congestion benefits for these alternatives are summarized in Attachment 4. 10.1 Packet Pg. 92 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4937 : SR 117 Prospect/College Eminent Domain Agenda Item 7 Item # 7 Page 3 The necessary property interests include right-of-way and permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the improvements goals of the Project. The typical timeline for the City to acquire property through the eminent domain process is between 9-12 months, which allows time for property appraisals, multiple offers and negotiations. This also allows the City to ensure project delivery in that time frame. It is possible to accelerate this timeline to about 6 months and still follow the same process. If the City is purchasing property on a “willing seller” basis, staff is not able to ensure a project schedule until an agreement is reached. City Council previous actions:  Approved Intergovernmental Agreement (IGA) detailing CSU and City obligations and improvements at the intersection.  Adopted Ordinance No. 139, 2015 on November 17, 2015, obligating $2.7M for design, Right-of-way and construction of the City’s improvements  Adopted Ordinance No. 043, 2016 on First Reading on April 5, 2016, authorizing eminent domain for commercial property acquisition if deemed necessary for the Project.  Council Work Session on April 12, 2016  Adopted Ordinance No. 043, 2016 on April 19, 2016 on Second Reading, authorizing eminent domain for commercial property acquisition if deemed necessary for the Project.  Adopted Ordinance No. 073, 2016 May 17, 2016 on First Reading, authorizing eminent domain for residential property acquisition if deemed necessary for the Project.  Defeated Ordinance No. 073, 2016 on Second Reading on July 5, 2016, authorizing eminent domain for residential property acquisition if deemed necessary for the Project. CITY FINANCIAL IMPACTS The Project is funded with local funds. Council appropriated $2,700,000 through a mid-budget offer in 2015 for the design, right-of-way and construction of this Project. City of Fort Collins Utilities is planning significant stormwater improvements as a part of the Project. Colorado State University has financial responsibility for coordinated improvements generally related to the northwest corner of the intersection. The purchase of this right-of-way will allow staff to move forward with final design and construction. PUBLIC OUTREACH City staff has worked extensively with the property owner at 1535 Remington Street regarding these proposed alternatives over the past several months. ATTACHMENTS 1. College and Prospect Project Location Map (PDF) 2. Right-of-Way Exhibit Options 1 and 2 (Dual Left) (PDF) 3. Right-of-way Exhibit Option 3 (Single Left) (PDF) 4. Congestion Mitigation Comparison Table (PDF) 5. Design Alternative Comparison Matrix (PDF) 6. Project Schedule - Prospect and College (PDF) 7. Powerpoint presentation (PDF) 10.1 Packet Pg. 93 Attachment: First Reading Agenda Item Summary, October 18, 2016 (w/o attachments) (4937 : SR 117 Prospect/College Eminent Domain -1- ORDINANCE NO.117, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF ADDITIONAL REAL PROPERTY INTERESTS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS AS PART OF THE PROSPECT ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and College Avenue Intersection Improvements Project (the “City Project”) in 2017; and WHEREAS, the City Project will construct needed road and intersection improvements, multimodal transportation enhancements, utility improvements, and access control improvements; and WHEREAS, Colorado State University is also required to build certain improvements at the same intersection in conjunction with the construction of its new medical center (the “Medical Center Project”); and WHEREAS, it is necessary for the City to acquire certain property interests for the City Project in a timely manner in order to coordinate construction of the City Project with the Medical Center Project; and WHEREAS, on April 19, 2016, the City Council adopted on second reading Ordinance No. 043, 2016, authorizing the acquisition by eminent domain of property interests on certain commercial properties necessary for construction of the City Project; and WHEREAS, on May 17, 2016, the City Council adopted on first reading Ordinance No. 073, 2016, which would have authorized acquisition by eminent domain of property interests on certain residential properties; and WHEREAS, on July 5, 2016, the City Council defeated Ordinance No. 073, 2016 on second reading, and directed staff to work with the property owners over the next four months to find a compromise design solution that would be more acceptable to all parties; and WHEREAS, additional real property interests are needed to construct the City Project; and WHEREAS, through working with the owners of the property located at 1535 Remington Street (“Owners”), City staff identified three options for the design of the City Project, each of which requires a different property acquisition from the Owners: • Option 1, the “Original Dual Left” alternative, was originally presented to the City Council on May 17, 2016; 10.2 Packet Pg. 94 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) -2- • Option 2, the “Modified Dual Left” alternative, would maintain the congestion benefits of Option 1, but does not impact the existing wall or tree on the Owners’ property; and • Option 3, the “Single Left” alternative, also does not impact the existing wall or tree on the Owners’ property, but results in reduced congestion benefits; and WHEREAS, the property interests to be acquired in order to complete the selected option for the Project, Option 2, is hereafter referred to generally as the “Property Interests”; and WHEREAS, the Property Interests include real property to be acquired either in fee simple for right-of-way or for temporary construction easements; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Interests from the owners thereof; and WHEREAS, the acquisition of the Property Interests is desirable and necessary for the construction of the City Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the City is authorized under Article XX, §1 of the Colorado Constitution and Article V, §14 of the City Charter to use the power of eminent domain to acquire real property as reasonably necessary for public improvements such as the City Project; and WHEREAS, the acquisition of the Property Interests may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that it is necessary in the public interest to acquire the Property Interests for Option 2, the “Modified Dual Left” alternative, as described on Exhibit “A-Option 2”, attached and incorporated herein by reference, for the purpose of constructing the City Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Interests for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of any of the Property Interests, or any portion of them, is commenced, immediate possession of the same is necessary for the public health, safety and welfare. 10.2 Packet Pg. 95 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) -3- Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2016, and to be presented for final passage on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 10.2 Packet Pg. 96 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) EXHIBIT A HARPER – CLEARY LEGAL OPTION 2 – MODIFIED DUAL LEFT ALTERNATIVE EXHIBIT A - OPTION 2 10.2 Packet Pg. 97 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) 10.2 Packet Pg. 98 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) 10.2 Packet Pg. 99 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) 10.2 Packet Pg. 100 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) 10.2 Packet Pg. 101 Attachment: Ordinance No. 117, 2016 (4937 : SR 117 Prospect/College Eminent Domain Authorization) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Lance Smith, Strategic Financial Planning Manager SUBJECT Items Relating to 2017 Utility Rate Ordinances. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 122, 2016, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges. (Option 1 or Option 2) B. First Reading of Ordinance No. 123, 2016, Amending chapter 26 of the Code of the City of Fort Collins to Revise Water Rates, Fees and Charges. (Option 1 or Option 2) C. First Reading of Ordinance No. 124, 2016, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Wastewater Rates, Fees and Charges. D. First Reading of Ordinance No. 125, 2016, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Stormwater Rates, Fees and Charges. (Option 1 or Option 2) The purpose of this item is for Council to consider adopting rate changes for electric, water, wastewater and stormwater monthly charges beginning in January 2017. It is unusual to have all four utilities request a rate increase in a single year. It may also seem counterintuitive that the utility budgets are decreasing in 2017 yet rate increases are being proposed. However, the extensive capital improvement planning and long term financial planning processes ahead of this Budgeting For Outcomes cycle have identified the need for rate increases in each utility in 2017 despite the budget reductions. The proposed rate increases for 2017 and 2018, as well as the primary driver behind the requested increases, are outlined in the table below. 11 Packet Pg. 102 Agenda Item 11 Item # 11 Page 2 Proposed Revenue Adjustments Utility Service 2017 2018 Primary Driver Electric 3.45% 1.80% Insufficient Operating Income Water 5.00% 5.00% Inadequate Available Reserves to support 10 year Capital Improvement Plan Wastewater 3.00% 3.00% Revenue shortfalls in 2015 and 2016 Stormwater 5.00% 0.00% Inadequate Available Reserves to support 15 year build-out of infrastructure STAFF RECOMMENDATION Staff recommends adoption of the rate increases as included in the 2017 Budget being considered at this meeting. Staff recommends adoption of the Ordinances on First Reading. Staff recommends adoption of the Ordinance allocating the whole electric rate increase to the fixed or base monthly service charge (labeled Option 2 below) as well as the adoption of the Ordinances which include a 5% increase for water (Option 2) and stormwater (Option 1) monthly charges. BACKGROUND / DISCUSSION 2017-18 Budgets for Utility Funds There is a direct connection between utility rates and the biennial budget. Monthly service charges need to be adequate to meet operating expenses for each utility and to provide additional revenues to support ongoing infrastructure renewal and improvements that may be necessary in the next budget cycle. However, there are also long-term planning considerations which may drive the need for rate adjustments. That is the situation this year. The CMRB 2017-18 includes significant reductions in the overall Utilities budget. These reductions are not the result of reducing services but rather are driven by a concerted effort to build up each Fund’s budget from the bottom up as a way of reducing the annual underspend that is inherent in a municipal utility budget. The resulting budgets are expected to still be sufficient for each utility however, reducing the budgets increases the likelihood that an unexpected event may require staff to request an off-cycle appropriation from Council. The table below summarizes the 2017 budgets relative to the 2016 adjusted budgets. 11 Packet Pg. 103 Agenda Item 11 Item # 11 Page 3 Budget Change Budget Change 2016-2017 2016-2017 ELECTRIC $143.8 $141.2 ($2.6) -1.9% Reduced O&M 10%; Increased capital based on CIP WATER * $46.6 $34.8 ($11.8) -25.4% Reduced O&M 2.2%; Reduced capital from $20M to $9M WASTEWATER $28.5 $25.5 ($3.0) -10.4% Reduced O&M 2.1%; Reduced capital from $10M to $7M STORMWATER ** $16.7 $18.7 $2.0 12.2% O&M increased 4.0%; Increased capital from $5M to $7M Customer Service & Administration $18.1 $17.2 ($0.9) -5.2% Reduced Customer Connections 3.1% and Administration 7.8% Total Utilities $253.7 $237.4 ($16.3) -6.4% Every manager’s budget was reviewed at the line item level and adjusted based on 2015 actual spend * Assumes 5% rate increase for Water ** Assumes 5% rate increase for Stormwater UTILITY 2017 Budget $M Comments 2016 Budget $M Attachment 2 provides a one page summary of each Utility Fund’s 2017-18 budgets by Offer as in the City Manager’s Recommended Budget. These summaries also show the use of Available Reserves and the expected Available Reserve balances at the end of 2018. For Water and Stormwater there are two one page summaries based on feedback that consideration should be given to limiting those rate increases to 3.0% rather than 5.0%. 2016 Capital Improvement Plans and Long-term Financial Planning The prioritized 2016 Capital Improvement Plan (CIP) for each utility was presented to the Council Finance Committee (CFC) in April 2016. At that time it was recognized that it is not possible to meet the capital needs of each utility necessary to maintain the current levels of service being provided with existing rates and use of Available Reserves. As discussed in Attachment 3 this is not the result of deferring infrastructure investment in the past but rather is the result of significant increases in the expected capital investment over the coming decade compared to the previous decade. After further analysis staff returned to the CFC in June 2016 with a path forward based on a 10 year financial model for each utility to meet the long term infrastructure renewal and additional capacity needs. The path forward, or Strategic Financial Plan (SFP), was unique to each utility but each was based on the central tenets presented at the April CFC meeting. Those tenets incorporated into the financial modeling were: 1. Meet minimum Reserve requirements 2. Maintain current credit ratings for each Enterprise Fund and the City 3. Limit rate increases to no more than 5% annually 4. Adjust rates when: a. Previous 3 years averaged negative operating income b. Debt coverage ratio is projected to drop below 2.0 in the next year c. Available Reserves are insufficient for near term necessary capital investment d. Any purchased power cost increase is expected from Platte River 5. Issue debt when: a. Capital expenses are forecasted to exceed Available Reserves over the next 5 years Agenda Item 11 Item # 11 Page 4 Tenet 4 provides an objective, quantitative method that could be utilized for future rate adjustments. It would determine when and why rate adjustments are necessary in a consistent manner and direct attention toward the root drivers of any such adjustment. The resulting financial models for each utility suggest that gradual, modest rate increases and some debt issuances will allow each utility to meet the capital investments identified over the coming 10-15 planning horizon. Below is a brief overview of this effort for each utility taken from Attachment 3. Light & Power Fund’s SFP For Light & Power, the SFP presented to the CFC in June 2016 required no additional debt issuances. The current outstanding debt will be retired in 2021. Rate increases will be necessary as Platte River moves forward with meeting the Clean Power Plan and the distribution system is renewed. The 10 year rate forecast for the electric utility is: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Rate Increase 2-5% 2-4% 2-4% 2-4% 2-4% 2-4% 2-4% 2-4% 2-4% 2-4% * Rate increases may change depending on what PRPA needs each year. Included in the above rate forecast is 2.5% annually for purchased power increases. Not included in the above forecast is any additional rate adjustment that may be necessary to achieve the Road to 2020 objectives although it is not anticipated that a full 1.5% will be necessary annually for the distribution system. Water Fund’s SFP For Water the 10-year prioritized CIP that was presented to the Water Board and the CFC in April 2016 projects that necessary capital improvements over the coming decade will be at a rate that is twice what it has been over the past decade. It is also front heavy in capital needs. The SFP outlined a path forward which required leveling the capital investment over the coming 10 years to the extent possible and allows for modest rate adjustments and debt issuances. The need and schedule for debt issuances will be discussed with the CFC in December 2016. The 10 year rate forecast and anticipated debt issuances for the water utility are: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Rate Increase 0-5% 1-5% 1-3% 1-3% 3-5% 3-5% 3-5% 3-5% 3-5% 3-5% Debt Issuance $30M $20-30M $3-5M * $160M of capital work is expected to be needed between 2017 and 2026 NOT including Halligan Wastewater Fund’s SFP For Wastewater no additional debt is anticipated to be necessary over the next decade in the SFP. However, rate increases will be necessary to address the ongoing operating revenue shortfall. The 10 year rate forecast for the wastewater utility is: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Rate Increase 1-3% 1-3% 1-3% 1-3% 1-3% 0-3% 0-3% 0-3% 0-3% 0-3% * $80M of capital work is expected to be needed between 2017 and 2026. 11 Packet Pg. 105 Agenda Item 11 Item # 11 Page 5 Stormwater Fund’s SFP For Stormwater in order to complete the initial build-out of all the major outfalls significant capital investment will be needed. The original 10 year CIP would have required issuing too much debt at once so the plan was stretched out over 15 years. This will address the majority of existing deficiencies. Some rate increases will be necessary but the capital investment will mainly be funded through debt. The 10 year rate forecast and anticipated debt issuances for the stormwater utility are: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Rate Increase 0-3% 0-3% 0-3% 0-3% 0-3% 0-3% 0-3% 0-3% 0-3% 0-3% Debt Issuance $20-25M $20-25M $5-10M *$156M of capital work is expected to be needed between 2017 and 2031. 2017 Proposed Rate Increases Light & Power A 3.45% rate increase is being proposed for the Light & Power Fund in 2017. This proposed rate adjustment is being driven by the need to increase operating income for the distribution Enterprise Fund and an increase in the purchased power costs from Platte River. The proposed retail rate increase will become effective on January 1, 2017 and will vary by rate class. The proposed wholesale increase from Platte River will also be effective in January 1, 2017, but not officially approved by its Board until late October. Both Platte River and the City have rates that vary by season. Summer rates are effective for June, July and August with the non- summer rates in effect for the remaining nine months of the year. The increase in Platte River’s 2017 wholesale rate is currently projected to be 3.0%. Within this increase, PRPA is proposing to modify the individual components for energy and demand for the summer and winter seasons, as shown in the table below. Charge 2016 Approved Tariff 2017 Proposed Budget % Change Demand – Summer (per kW) $11.33 $11.33 0% Demand – Winter (per kW) $7.91 $8.64 9% Energy – Summer (per kWh) $0.04121 $0.04200 2% Energy – Winter (per kWh) $0.03954 $0.04028 2% At the wholesale level, the energy charge will increase 1.9% for both seasons. The demand charge for the summer season will remain flat, with no increase, while the winter demand charge will increase by 9.2%. For Fort Collins Utilities customers, the above rates will be a pass through and equal a 1.9% increase for energy and a 5.7% increase for demand (blended on an annual basis), as calculated on total billed mix for 2015. The overall wholesale increase of 3.0% will equate to an approximate increase of 2.2% at the retail level. In addition, Fort Collins Utilities is proposing a 1.25% increase for the distribution system, for an overall average increase of 3.45%. There are three drivers behind the requested increase for the distribution system: 1. The Light & Power Fund intentionally has been drawing down reserves through negative operating income. As an Enterprise Fund, it is expected to generate positive operating income. Now that the reserves have been drawn down a rate increase is necessary to generate sufficient operating revenues. 11 Packet Pg. 106 Agenda Item 11 Item # 11 Page 6 2. Several ongoing operating expenses were approved in 2015 and 2016 for the Road to 2020 efforts. 3. The 2016 CIP shows capital needed over the next decade is on par with what was spent in the last decade at $8-9M annually. However, there is no expectation of another large grant (like the $16M Smart Grid Investment Grant) so revenues will have to increase to meet these needs. The cost of service model is updated every two years, and was last updated in 2014 for 2015. Staff updated the cost of service model again in 2016 for 2017. The rate class percentage adjustments are shown in the graph below. The horizontal line represents the average retail increase of 3.45%. Variations by rate class are due to multiple factors, including changes in total consumption (either up or down), changes in customer counts, changes in load factors, and dependent on specific costs and allocations to each rate class. As the graphs shows, no one particular rate class varies, either up or down, by more than one percent from the average of 3.45% increase. The 4.2% increase to the residential rate class could be applied to both fixed and variable charges or to just one or the other. All rates below are without the 6% payment in lieu of tax. Staff is presenting two options for Council’s consideration on how to apply the 4.2% rate increase to residential customers: Option 1 - Increase the monthly fixed charge from $5.07 to $5.79 as the cost of service model shows is necessary. The distribution facilities charge would also increase from $0.0238/kWh to $0.0256/kWh. This allows the clear delineation of what is in the fixed charge to be maintained. Option 2 - Leave the distribution facilities charge unchanged and put the entire rate increase (excluding wholesale increases) in the monthly fixed charge. This would increase the fixed charge from $5.07 to $6.94. Doing this would stabilize revenues by allowing more of the fixed costs to be included in the fixed charge. Staff is recommending this option. See Attachment 4 for the context of the CFC discussion on fixed charges in September 2016. 11 Packet Pg. 107 Agenda Item 11 Item # 11 Page 7 2016 Option 1 Option 2 Component Current COS Model No Change to kWh Fixed Charge $ 5.07 $ 5.79 $ 6.94 Distribution kWh $ 0.0238 $ 0.0256 $ 0.0238 2017 Options In addition to the changes in City Code related to the rate increase there is also a change to recognize an income qualified community solar project. Light & Power is installing a solar array on the roof of the City- owned building at 518 Loomis Street in October 2016 to benefit low-income customers. Utilities will rely on the Low Income Energy Assistance Program’s (LEAP’s) qualification process to verify household income and select participants. The monthly production of the solar array will be split equally between participating households. Much like the existing community solar garden array, a monthly bill credit will be applied to those households. It is expected to benefit around 20 income-qualified households. Water The 2016 operating revenues are expected to be $300-500K short of the budgeted projection. This updated forecast negatively impacts the debt capacity of this Enterprise Fund. Low Available Reserves in this Fund and the need to maintain the debt capacity for a near term debt issuance are driving the need for a 5% rate increase in 2017 and 2018. The cost of service study for the Water Fund was updated in 2015. Since all rate class adjustments needed from the results of that study were made in 2016, the proposed increase for 2017 will be the same for all rate classes. After looking at the current Available Reserves and the near term capital needs outlined in the CIP ($33M in 2017-18 alone), the amount of capital work in the CMRB 2017-18 is $22M, or $11M less than the CIP. This is because the current rates cannot support the 5 year capital needs of this Enterprise Fund. As discussed above, there is also a need to issue debt in the near term. Staff is presenting two options for Council’s consideration on the magnitude of the proposed rate increase for 2017: Option 1 - Increases monthly charges by 5.0% in 2017 for all water customers. A 5% rate increase will increase the debt capacity of this Fund by $8-15M, which along with a portion of the debt service that will be retired in 2018, will allow for the issuance of revenue bonds in 2018. By increasing the rates in 2017 it will be clear to the bond rating agencies that net pledged revenues will be sufficient to pay all future debt obligations. Option 2 – Increases monthly charges by 3.0% in 2017 for all water customers. A 3% rate increase in the Water Fund would require some Offers in the CMRB 2017-18 to be unfunded or funded at a lesser amount in 2017 and 2018. It would also lessen the increase of the debt capacity of this Fund and reduce 2017 revenues by $520,000. 11 Packet Pg. 108 Agenda Item 11 Item # 11 Page 8 Ramifications of limiting rate increases to 3.0% in the Water Fund Lowers annual revenue increase by $500K Near term (2017-18) offers not funded or reduced 2017 2018 Offer 6.19 - Conservation Coordinator (unfunded) $70K Offer 6.23 - Utility Inspector (unfunded) $85K Offer 6.28 - Water Vulnerability Assessment (unfunded) $250K Offer 6.26 - Underground Electric Supply (reduced) $95K Offer 6.29 - Cathodic Protection (reduced) $1.0M Longer term (2017-26) would reduce revenues by at least $10M and delay capital improvements Wastewater There is a 3.0% overall rate increase proposed for the Wastewater Utility in 2017. Operating revenues for the Wastewater utility continue to be below budget. The 3.0% increases in both 2017 and 2018 in the CMRB 2017-18 are expected to adequately address this revenue shortfall. The cost of service study for the Wastewater fund was updated in 2015. Since all rate class adjustments needed from the results of that study were made in 2016, the 3% increase for 2017 will be the same for all rate classes. The main driver for the 2017 increase is related to the ongoing revenue shortfall that has continued in 2016. This revenue shortfall impacts the Enterprise Fund’s ability to financially support the 10-year CIP. These modest rate adjustments in both 2017 and 2018 are expected to address this continued revenue shortfall and put this Fund on a path to provide sufficient Available Reserves to complete the 10-year CIP without the need to issue new debt. This Fund is also projected to have sufficient Available Reserves to implement anticipated nutrient removal requirements just beyond the 10-year horizon without needing to issue addition debt. Stormwater A 5% rate increase is being proposed for the Stormwater Fund in the CMRB 2017-18. Operating revenues are higher than budgeted due to growth and annexations in 2016. Together with the proposed 5% rate increase these additional revenues will increase the debt capacity of the Stormwater Fund by $12-25M allowing the initial build out of much of the stormwater infrastructure to be on a 15-year completion schedule beginning in 2017. Option 1 - Increases monthly charges by 5.0% in 2017 for all stormwater customers. A 5% rate increase will increase the debt capacity of this Fund by $12-25M, which along with a portion of the debt service that will be retired in 2018, will allow for the issuance of revenue bonds in 2017. By increasing the rates in 2017 it will be clear to the bond rating agencies that net pledged revenues will be sufficient to pay all future debt obligations. Option 2 – Increases monthly charges by 3.0% in 2017 for all stormwater customers. A 3% rate increase in the Stormwater Fund would reduce some stream rehabilitation Offers in the CMRB 2017- 18. It would also lessen the increase of the debt capacity of this Fund. 11 Packet Pg. 109 Agenda Item 11 Item # 11 Page 9 Ramifications of limiting rate increase to 3.0% in the Stormwater Fund Lowers annual revenue increase by $300K Near term (2017-18) offers not funded 2017 2018 Offer 8.6 - Stream Rehabilitation Program (unfunded in 2017; reduced in 2018) $350K $300K Longer term (2017-31) would reduce revenues by $4.5M Alternative - Debt Issuance in 2017 Utilize proceeds to support capital improvements Giving priority to stream restoration Plant Investment Fees No changes are proposed for any of the utility Plant Investment Fees (PIFs) in 2017 at this time. A review of the Electric Capacity Fees (ECF) will be presented to the Council Finance Committee at the December 19, 2016 meeting and then to the Council at the January 10, 2017 Work Session. Depending on Council direction, the ECF may be adjusted later in 2017. The water, wastewater and stormwater plant investment fees will be reviewed as part of the biannual cost of service studies in 2017. CITY FINANCIAL IMPACTS Impact to Enterprise Funds The proposed rate increases are necessary to support both the near term budget and the long term capital improvement plans necessary to maintain the current levels of service being provided to our community. Adoption of these Ordinances will improve the financial resiliency of each utility. Summary Utility Bill Comparisons A typical residential customer, based on average use for each utility service, would see an increase of $6.52 per month on their total utility bill, if they receive all four utility services through the City. This represents a 4.00% increase in monthly utility costs. ELECTRIC WATER WASTEWATER STORMWATER TOTAL Current 2016 $68.21 $43.57 $35.07 $14.26 $161.11 Proposed 2017 $71.07 $45.75 $36.12 $14.97 $167.91 $ Increase $2.86 $2.18 $1.05 $0.71 $6.80 % Increase 4.2% 5.0% 3.0% 5.0% 4.2% Comparing rates between communities provides one point of contrast but it should be done carefully. Rates are a function of the utility infrastructure age, management and operation. Rates can be depressed by deferring capital improvements, for example. It is not possible to fully understand all of the drivers behind what other communities may consider in their rate decisions. Nevertheless, below are a few comparisons of the proposed 2017 utility rates for several neighboring communities. The first table shows the estimated bill for a typical residential customer. Because of the large increases being proposed in some communities the gap shown in the total utility bill for the other communities with all 4 services is shrinking in 2017. 11 Packet Pg. 110 Agenda Item 11 Item # 11 Page 10 ELECTRIC WATER WASTEWATER STORMWATER TOTAL Loveland $71.37 $37.06 $28.23 $13.68 $150.34 Longmont $65.78 $38.08 $34.64 $13.05 $151.55 Boulder $79.67 $38.71 $30.53 $14.54 $163.45 Greeley $79.67 $52.89 $20.62 $6.97 $160.15 Ft Collins $71.07 $45.75 $36.12 $14.97 $167.91 Colorado Springs $88.28 $82.49 $31.27 N/A $202.04 Considering all customers the absolute percentage increases tend to be less modest than in Fort Collins: ELECTRIC WATER WASTEWATER STORMWATER TOTAL Loveland 6.50% 9.00% 11.00% 9.60% 8.20% Longmont 4.00% 21.00% 3.00% 0.00% 7.20% Boulder 0.00% 8.00% 5.00% 8.00% 3.40% Greeley 0.00% 3.00% 0.00% 8.00% 1.30% Ft Collins 3.45% 5.00% 3.00% 5.00% 3.90% Colorado Springs 3.30% 6.00% 0.00% N/A 3.80% BOARD / COMMISSION RECOMMENDATION The electric rate increase was presented to the Energy Board at its October 6, 2016 Regular Meeting. The Energy Board supported the 3.45% rate increase and recommends doing so by putting the entire increase into the fixed charge. The motion carried unanimously. Please see the attached draft meeting minutes (Attachment 1). The water, wastewater and stormwater rate increases were presented to the Water Board at its October 20, 2016 Regular Meeting. The Water Board supported the 5% increase (Option 1 above) for the Water Fund and the 3% increase to the Wastewater Fund unanimously. At the time the Water Board meeting was scheduled only a 3% rate increase was presented to the board for consideration. The Water Board also supported the 3% increase in Stormwater by a 9-1 vote. Please see the attached draft meeting minutes (Attachment 5). PUBLIC OUTREACH Notice of the proposed electric rate increase was published in the Coloradoan, and a mailing was sent to all electric customers residing outside of the city limits in accordance with state requirements. Staff plans to conduct outreach to all customers following the adoption of the Ordinances through mailings, face-to-face meetings and social media. 11 Packet Pg. 111 Agenda Item 11 Item # 11 Page 11 ATTACHMENTS 1. Energy Board minutes, October 6, 2016 (draft) (PDF) 2. All Utilities Master Summary (PDF) 3. Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (PDF) 4. Council Finance Committee Agenda Item Summary-Residential Electric Rate Structure, September 19, 2016 (PDF) 5. Water Board minutes, October 20, 2016 (draft) (PDF) 6. Powerpoint presentation (PDF) 11 Packet Pg. 112 DRAFT: Energy Board Minutes October 6, 2016 1 DRAFT: Energy Board Minutes October 6, 2016 DRAFT: Fort Collins Utilities Energy Board Minutes Thursday, October 6th, 2016 Energy Board Chairperson City Council Liaison Pete O’Neill, 970-223-8703 Ross Cunniff, 970-420-7398 Energy Board Vice Chairperson Staff Liaison Nick Michell, 970-215-9235 Tim McCollough, 970-305-1069 Roll Call Board Present: Chairperson Pete O’Neill, Vice Chairperson Nick Michell, Board Members Alan Braslau, Greg Behm, Stacey Baumgarn and Councilman Ross Cunniff. Staff Present: Cyril Vidergar, John Phelan, Lance Smith, Tim McCollough, Christie Fredrickson, Randy Reuscher PRPA: Paul Davis Members of the Public: Rick Coen … 2017 Utility Rates Lance Smith, Utilities Strategic Financial Director Randy Reuscher, Utility Rate Analyst (attachments available upon request) Mr. Reuscher asked if the Board supports a retail electric rate increase of 3.45% (included two options to achieve the increase). Mr. Reuscher also asked the Board to vote on the following motion: “Motion to support the 2017 electric increase of 3.45% overall, with variation by rate class based on the recent cost of service model update, and to support increasing the fixed charge based on option (1 or 2), as presented.” Current Option #1 - Cost of Service Option #2 – Fixed Charge Fixed Charge $5.07 $5.79 $6.94 Distribution kWh $0.0238 $0.0256 $0.0238 Board members inquired which option might encourage the most conservation, and Mr. Phelan said the proposed rate increases are so small in both plans that there would be very little impact from a conservation perspective. Mr. Smith said a rate increase is necessary to cover the City’s Platte River Power Authority Bill, operating costs, reliability and redundancy. He added that the $14M currently in reserves will be used to help cover increased expenses and Utilities will still have enough in reserves to meet minimum requirements. ATTACHMENT 1 11.1 Packet Pg. 113 Attachment: Energy Board minutes, October 6, 2016 (draft) (4927 : Utility Rates) DRAFT: Energy Board Minutes October 6, 2016 2 DRAFT: Energy Board Minutes October 6, 2016 Chairperson O’Neill made a motion to support the 2017 electric increase of 3.45% overall, with variations by rate class based on the recent cost of service model update and to support increasing the fixed charge based on Option 2, as presented. Vice Chairperson Michell seconded the motion Motion passed unanimously 5-0 11.1 Packet Pg. 114 Attachment: Energy Board minutes, October 6, 2016 (draft) (4927 : Utility Rates) LIGHT & POWER FUND Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Operating Revenue $122,814,300 $117,450,191 $128,159,300 $126,490,000 $130,530,000 % Change -4.4% 9.1% -1.3% 3.2% PIF / Contributions $3,150,000 $4,435,202 $3,150,000 $3,130,000 $3,130,000 % Change 40.8% -29.0% -0.6% 0.0% All Other Revenues $2,128,011 $3,988,188 $2,318,348 $2,083,323 $2,202,456 % Change 87.4% -41.9% -10.1% 5.7% Total Revenues $128,092,311 $125,873,581 $133,627,648 $131,703,323 $135,862,456 Revenues $131,703,323 $135,862,456 % Change -1.7% 6.2% -1.4% 3.2% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 5.1 Econ Utilities: Light & Power - Payments and Transfers $17,556,273 $16,188,056 $17,934,728 $17,907,664 $18,493,708 % Change -7.8% 10.8% 1.0% 2.6% 5.2 Econ Utilities: Light & Power - Core Operations $9,032,774 $8,988,666 $9,544,319 $9,847,223 $10,031,766 % Change -0.5% 6.2% 3.2% 1.9% 5.5 Econ Utilities: Light & Power - Ongoing Capital System Additions $11,629,381 $9,402,428 $16,343,356 $4,951,214 $5,003,777 % Change -19.1% 73.8% -69.7% 1.1% 5.6 Econ Utilities - Light and Power Purchase Power $84,569,000 $82,164,556 $88,792,000 $87,300,000 $89,500,000 % Change -2.8% 8.1% -1.7% 2.5% 5.7 Econ Equipment Replacement - Utilities: Light & Power - Vehicles and Equipment $615,121 $394,262 $536,630 $625,000 $480,000 % Change -35.9% 36.1% 16.5% -23.2% 6.65 Envir Utilities: Light & Power - Energy Services $4,429,403 $4,282,694 $4,475,203 $4,234,054 $4,263,877 % Change -3.3% 4.5% -5.4% 0.7% 6.67 Envir Utilities: Light & Power - Residential & Commercial Solar Rebates $1,414,156 $1,211,801 $896,520 $500,000 $500,000 % Change -14.3% -26.0% -44.2% 0.0% 6.68 Envir Utilities: Light & Power - Core Renewable Energy $4,267,084 $3,461,397 $3,720,520 $2,960,000 $3,052,000 % Change -18.9% 7.5% -20.4% 3.1% 6.69 Envir Utilities: Light & Power - Demand Response $1,307,062 $567,069 $1,526,471 $794,950 $620,400 % Change -56.6% 169.2% -47.9% -22.0% Subtotal Current Offers $134,820,254 $126,660,929 $143,769,749 $129,324,870 $132,030,846 $129,324,870 $132,030,846 % Change -6.1% 13.5% -10.0% 2.1% Less Current $2,378,453 $3,831,610 CAPITAL PROJECTS Offer Result Title 5.8 Econ Capital Replacement - Utilities: Light & Power - New Feeder Capacity $4,615,492 $1,287,440 % Change -72.1% 5.9 Econ Capital Replacement - Utilities: Light & Power - System Purchases $140,000 $15,000 % Change -89.3% 5.11 Econ Capital Replacement - Utilities: Light & Power - Distribution System Conversions $0 $800,000 % Change 5.12 Econ Capital Replacement - Utilities: Light & Power - System Improvements & Replacements $2,062,000 $2,225,000 % Change 7.9% 43.1 Culture Utilities Capital Project: Art in Public Places $66,774 $43,124 % Change Previous Capital $250,642 $4,103,963 $70,476 % Change Subtotal Capital Projects $4,103,963 $70,476 $6,884,266 $4,370,564 $6,884,266 $4,370,564 % Change -36.5% TOTAL WITH CAPITAL PROJECTS $134,820,254 $130,764,892 $143,840,225 $136,209,136 $136,401,410 Less Capital ($4,505,813) ($538,954) % Change -3.0% 10.0% -5.3% 0.1% ENHANCEMENTS Offer Result Title WATER FUND 10/24/2016 Based on a 5% increase Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Operating Revenue $29,450,000 $27,704,834 $29,680,000 $27,750,000 $29,070,000 % Change -5.9% 7.1% -6.5% 4.8% PIF / Contributions $3,560,000 $6,037,438 $3,080,000 $4,640,000 $4,540,000 % Change 69.6% -49.0% 50.6% -2.2% All Other Revenues $1,105,700 $1,656,040 $1,251,650 $2,569,872 $1,596,160 % Change 49.8% -24.4% 105.3% -37.9% Total Revenues $34,115,700 $35,398,312 $34,011,650 $34,959,872 $35,206,160 Revenues $34,959,872 $35,206,160 % Change 3.8% -3.9% 2.8% 0.7% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 6.1 Envir Utilities: Water - Core Operations $12,752,827 $11,707,186 $13,043,786 $12,939,691 $13,240,204 % Change -8.2% 11.4% -0.8% 2.3% 6.3 Envir Utilities: Water - Conservation $871,016 $720,452 $860,201 $877,549 $891,974 % Change -17.3% 19.4% 2.0% 1.6% 6.9 Envir Capital Replacement - Utilities: Water - Minor Capital $2,481,351 $1,711,036 $1,794,549 $1,852,400 $1,681,200 % Change -31.0% 4.9% 3.2% -9.2% 6.10 Envir Utilities: Water - Payments & Transfers $10,634,269 $10,884,896 $10,633,793 $10,090,960 $10,031,241 % Change 2.4% -2.3% -5.1% -0.6% Subtotal Current Offers $26,739,462 $25,023,569 $26,332,328 $25,760,600 $25,844,619 25,760,600 25,844,619 % Change -6.4% 5.2% -2.2% 0.3% Less Current $9,199,272 $9,361,541 CAPITAL PROJECTS Offer Result Title 6.5 Envir Capital Replacement - Utilities: Water - Treatment and Source of Supply $1,591,205 $3,422,001 $1,581,182 $1,000,000 $1,000,000 % Change 115.1% -53.8% -36.8% 0.0% 6.6 Envir Capital Replacement - Utilities: Water - Distribution Master Plan Priority Projects 6.7 Envir Capital Replacement - Utilities: Water - Distribution Small Projects $500,000 $2,339,481 $2,300,000 $2,900,000 $2,460,000 % Change 367.9% -1.7% 26.1% -15.2% 6.8 Envir Capital Replacement - Utilities: Water - Meter Replacement $800,000 $30,824 $800,000 $800,000 $800,000 % Change -96.1% 2495.4% 0.0% 0.0% 6.11 Envir Capital Replacement: Utilities: Water - Water Quality Instrumentation $50,000 $50,000 % Change 0.0% 43.1 Culture Utilities Capital Project: Art in Public Places $24,000 $42,300 % Change 76.3% Previous Capital $4,699,346 $4,553,988 $15,599,582 % Change Subtotal Capital Projects $7,590,551 $10,346,299 $20,280,789 $4,774,000 $4,352,300 $4,774,000 $4,352,300 % Change 36.3% 96.0% -76.5% -8.8% TOTAL WITH CAPITAL PROJECTS $34,330,013 $35,369,868 $46,613,117 $30,534,600 $30,196,919 Less Capital $4,425,272 $5,009,241 % Change 3.0% 31.8% -34.5% -1.1% ENHANCEMENTS Offer Result Title 6.16 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Quality Lab Infrastructure Replacement $1,300,000 $1,300,000 6.17 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Quality/Pollution Control Master Plan $110,000 $0 6.19 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Conservation Coordinator $70,724 $75,394 6.20 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Conservation Specialist, Contractual $72,596 $77,541 WATER FUND 10/24/2016 Based on a 3% increase Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Operating Revenue $29,450,000 $27,704,834 $29,680,000 $27,230,000 $28,060,000 % Change -5.9% 7.1% -8.3% 3.0% PIF / Contributions $3,560,000 $6,037,438 $3,080,000 $4,640,000 $4,540,000 % Change 69.6% -49.0% 50.6% -2.2% All Other Revenues $1,105,700 $1,656,040 $1,251,650 $2,569,872 $1,596,160 % Change 49.8% -24.4% 105.3% -37.9% Total Revenues $34,115,700 $35,398,312 $34,011,650 $34,439,872 $34,196,160 Revenues $34,439,872 $34,196,160 % Change 3.8% -3.9% 1.3% -0.7% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 6.1 Envir Utilities: Water - Core Operations $12,752,827 $11,707,186 $13,043,786 $12,939,691 $13,240,204 % Change -8.2% 11.4% -0.8% 2.3% 6.3 Envir Utilities: Water - Conservation $871,016 $720,452 $860,201 $877,549 $891,974 % Change -17.3% 19.4% 2.0% 1.6% 6.9 Envir Capital Replacement - Utilities: Water - Minor Capital $2,481,351 $1,711,036 $1,794,549 $1,852,400 $1,681,200 % Change -31.0% 4.9% 3.2% -9.2% 6.10 Envir Utilities: Water - Payments & Transfers $10,634,269 $10,884,896 $10,633,793 $10,090,960 $10,031,241 % Change 2.4% -2.3% -5.1% -0.6% Subtotal Current Offers $26,739,462 $25,023,569 $26,332,328 $25,760,600 $25,844,619 25,760,600 25,844,619 % Change -6.4% 5.2% -2.2% 0.3% Less Current $8,679,272 $8,351,541 CAPITAL PROJECTS Offer Result Title 6.5 Envir Capital Replacement - Utilities: Water - Treatment and Source of Supply $1,591,205 $3,422,001 $1,581,182 $1,000,000 $1,000,000 % Change 115.1% -53.8% -36.8% 0.0% 6.6 Envir Capital Replacement - Utilities: Water - Distribution Master Plan Priority Projects 6.7 Envir Capital Replacement - Utilities: Water - Distribution Small Projects $500,000 $2,339,481 $2,300,000 $2,900,000 $2,460,000 % Change 367.9% -1.7% 26.1% -15.2% 6.8 Envir Capital Replacement - Utilities: Water - Meter Replacement $800,000 $30,824 $800,000 $800,000 $800,000 % Change -96.1% 2495.4% 0.0% 0.0% 6.11 Envir Capital Replacement: Utilities: Water - Water Quality Instrumentation $50,000 $50,000 % Change 0.0% 43.1 Culture Utilities Capital Project: Art in Public Places $24,000 $42,300 % Change 76.3% Previous Capital $4,699,346 $4,553,988 $15,599,582 % Change Subtotal Capital Projects $7,590,551 $10,346,299 $20,280,789 $4,774,000 $4,352,300 $4,774,000 $4,352,300 % Change 36.3% 96.0% -76.5% -8.8% TOTAL WITH CAPITAL PROJECTS $34,330,013 $35,369,868 $46,613,117 $30,534,600 $30,196,919 Less Capital $3,905,272 $3,999,241 % Change 3.0% 31.8% -34.5% -1.1% ENHANCEMENTS Offer Result Title 6.16 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Quality Lab Infrastructure Replacement $1,300,000 $1,300,000 6.17 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Quality/Pollution Control Master Plan $110,000 $0 6.20 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Conservation Specialist, Contractual $72,596 $77,541 6.21 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Planner Scheduler Dispatcher (Field Operations) $47,618 $49,029 WASTEWATER FUND 10/24/2016 Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Operating Revenue $23,360,000 $22,064,339 $24,060,000 $22,260,000 $22,930,000 % Change -5.5% 9.0% -7.5% 3.0% PIF / Contributions $1,930,000 $2,729,160 $1,930,000 $1,540,000 $1,290,000 % Change 41.4% -29.3% -20.2% -16.2% All Other Revenues $441,960 $721,712 $623,953 $650,507 $746,897 % Change 63.3% -13.5% 4.3% 14.8% Total Revenues $25,731,960 $25,515,211 $26,613,953 $24,450,507 $24,966,897 Revenues $24,450,507 $24,966,897 % Change -0.8% 4.3% -8.1% 2.1% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 6.40 Envir Utilities: Wastewater - Core Operations $8,948,190 $7,649,742 $8,948,190 $8,710,177 $8,856,228 % Change -14.5% 17.0% -2.7% 1.7% 6.46 Envir Utilities: Wastewater - Payments and Transfers $8,319,293 $7,655,208 $8,400,217 $8,889,364 $9,120,841 % Change -8.0% 9.7% 5.8% 2.6% 6.47 Envir Capital Replacement - Utilities: Wastewater - Minor Capital $1,329,054 $846,701 $1,329,054 $692,844 $913,500 % Change -36.3% 57.0% -47.9% 31.8% Subtotal Current Offers 18,596,537 16,151,651 18,677,461 18,292,385 18,890,569 18,292,385 18,890,569 % Change -13.1% 15.6% -2.1% 3.3% Less Current $6,158,122 $6,076,328 CAPITAL PROJECTS Offer Result Title 6.41 Envir Capital Replacement - Utilities: Wastewater - Collection System Master Plan Priority Projects 6.42 Envir Capital Replacement - Utilities: Wastewater - Collection System Small Capital Projects 6.43 Envir Capital Replacement - Utilities: Wastewater - Cured in Place Pipe Lining $1,492,000 $1,026,255 $1,602,000 $1,606,000 $1,543,000 % Change -31.2% 56.1% 0.2% -3.9% 6.44 Envir Capital Replacement - Utilities: Wastewater - Water Reclamation and Biosolids $300,000 $2,722,052 $301,500 $1,000,000 $1,000,000 % Change 807.4% -88.9% 231.7% 0.0% 6.45 Envir Capital Replacement - Utilities: Wastewater - Pollution Control Lab Instrumentation $50,000 $30,000 % Change -40.0% 43.1 Culture Utilities Capital Project: Art in Public Places $73,010 $114,650 % Change 57.0% Previous Capital $7,579,549 $4,012,867 $7,881,535 % Change Subtotal Capital Projects $9,371,549 $7,761,182 $9,785,035 $2,729,012 $2,687,650 $2,729,012 $2,687,650 % Change -17.2% 26.1% -72.1% -1.5% TOTAL WITH CAPITAL PROJECTS $27,968,086 $23,912,833 $28,462,496 $21,021,397 $21,578,219 Less Capital $3,429,110 $3,388,678 % Change -14.5% 19.0% -26.1% 2.6% ENHANCEMENTS Offer Result Title 6.17 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Quality/Pollution Control Master Plan $100,000 6.21 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Planner Scheduler Dispatcher (Field Operations) $47,618 $49,029 6.50 Envir ENHANCEMENT - Utilities: Wastewater - Inflow-Infiltration Study $200,000 6.51 Envir ENHANCEMENT - Utilities: Wastewater - Anaerobic Digester Lid Replacement $0 $2,100,000 6.52 Envir ENHANCEMENT - Utilities: Wastewater - Dewatering Improvements $2,135,000 $2,135,000 6.53 Envir ENHANCEMENT - Utilities: Wastewater - Facility Sludge Strain Press Redundancy $720,000 $800,000 6.54 Envir ENHANCEMENT - Utilities: Wastewater - Water Reclamation and Biosolids Master Plan $500,000 STORMWATER FUND 10/24/2016 Based on a 5% increase Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Operating Revenue $14,552,000 $15,035,237 $14,625,000 $16,210,000 $16,210,000 % Change 3.3% -2.7% 10.8% 0.0% PIF / Contributions $800,000 $1,295,049 $800,000 $900,000 $800,000 % Change 61.9% -38.2% 12.5% -11.1% All Other Revenues $263,029 $573,700 $265,453 $350,414 $415,305 % Change 118.1% -53.7% 32.0% 18.5% Total Revenues $15,615,029 $16,903,988 $15,690,453 $17,460,414 $17,425,305 Revenues $17,460,414 $17,425,305 % Change 8.3% -7.2% 11.3% -0.2% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 6.86 Envir Utilities: Stormwater - Household Hazardous Waste & Spill Response Services $136,625 $118,286 $199,764 $139,060 $139,060 % Change -13.4% 68.9% -30.4% 0.0% 8.1 Safe Utilities: Stormwater - Core Operations $3,094,050 $2,808,625 $3,157,614 $3,283,300 $3,367,278 % Change -9.2% 12.4% 4.0% 2.6% 8.7 Safe Capital Replacement - Utilities: Stormwater - Minor Capital $364,792 $278,352 $315,026 $230,000 $155,000 % Change -23.7% 13.2% -27.0% -32.6% 8.8 Safe Utilities: Stormwater - Payments and Transfers $7,816,669 $7,114,530 $7,824,257 $8,301,024 $7,536,994 % Change 10.0% 6.1% -9.2% Subtotal Current Offers $11,412,136 $10,319,793 $11,496,661 $11,953,384 $11,198,332 11,953,384 11,198,332 % Change -9.6% 11.4% 4.0% -6.3% Less Current $5,507,030 $6,226,973 CAPITAL PROJECTS Offer Result Title 8.3 Safe Withdrawn - Capital Replacement - Utilities: Stormwater - Boxelder Basin Regional Stormwater Authority Fees (moved to Offer 8.8) 8.6 Safe Capital Replacement - Utilities: Stormwater - Stream Rehabilitation Program $350,000 $1,400,000 8.9 Safe Capital Replacement - Utilities: Stormwater - Collection System Replacement - Small Capital Projects $1,400,000 $1,500,000 $850,000 % Change 64.7% 7.1% 43.1 Culture Utilities Capital Project: Art in Public Places $54,000 $57,000 % Change Previous Capital $5,575,729 $4,244,132 $4,330,700 % Change Subtotal Capital Projects $4,244,132 $5,180,700 $1,804,000 $2,957,000 $1,804,000 $2,957,000 % Change -65.2% 63.9% TOTAL WITH CAPITAL PROJECTS 11,412,136 14,563,925 16,677,361 13,757,384 14,155,332 Less Capital $3,703,030 $3,269,973 % Change 27.6% 14.5% -17.5% 2.9% ENHANCEMENTS Offer Result Title 8.15 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Buckingham and Lincoln Outfall $200,000 8.16 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Poudre River at Oxbow Levee $850,000 8.17 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Prospect and College Storm Sewer $750,000 8.18 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Remington Street Storm Sewer $100,000 $800,000 8.19 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Magnolia Street Outfall Phase 1 $300,000 $1,200,000 8.20 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Mulberry & Riverside Storm Sewer $800,000 8.21 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - NECCO Phase 3: Lemay to Redwood $1,600,000 $1,700,000 STORMWATER FUND 10/24/2016 Based on a 3% increase Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Operating Revenue $14,552,000 $15,035,237 $14,625,000 $15,900,000 $15,900,000 % Change 3.3% -2.7% 8.7% 0.0% PIF / Contributions $800,000 $1,295,049 $800,000 $900,000 $800,000 % Change 61.9% -38.2% 12.5% -11.1% All Other Revenues $263,029 $573,700 $265,453 $350,414 $415,305 % Change 118.1% -53.7% 32.0% 18.5% Total Revenues $15,615,029 $16,903,988 $15,690,453 $17,150,414 $17,115,305 Revenues $17,150,414 $17,115,305 % Change 8.3% -7.2% 9.3% -0.2% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 6.86 Envir Utilities: Stormwater - Household Hazardous Waste & Spill Response Services $136,625 $118,286 $199,764 $139,060 $139,060 % Change -13.4% 68.9% -30.4% 0.0% 8.1 Safe Utilities: Stormwater - Core Operations $3,094,050 $2,808,625 $3,157,614 $3,283,300 $3,367,278 % Change -9.2% 12.4% 4.0% 2.6% 8.7 Safe Capital Replacement - Utilities: Stormwater - Minor Capital $364,792 $278,352 $315,026 $230,000 $155,000 % Change -23.7% 13.2% -27.0% -32.6% 8.8 Safe Utilities: Stormwater - Payments and Transfers $7,816,669 $7,114,530 $7,824,257 $8,301,024 $7,536,994 % Change 10.0% 6.1% -9.2% Subtotal Current Offers $11,412,136 $10,319,793 $11,496,661 $11,953,384 $11,198,332 11,953,384 11,198,332 % Change -9.6% 11.4% 4.0% -6.3% Less Current $5,197,030 $5,916,973 CAPITAL PROJECTS Offer Result Title 8.3 Safe Withdrawn - Capital Replacement - Utilities: Stormwater - Boxelder Basin Regional Stormwater Authority Fees (moved to Offer 8.8) 8.6 Safe Capital Replacement - Utilities: Stormwater - Stream Rehabilitation Program $1,100,000 8.9 Safe Capital Replacement - Utilities: Stormwater - Collection System Replacement - Small Capital Projects $1,400,000 $1,500,000 $850,000 % Change 64.7% 7.1% 43.1 Culture Utilities Capital Project: Art in Public Places $50,500 $54,000 % Change Previous Capital $5,575,729 $4,244,132 $4,330,700 % Change Subtotal Capital Projects $4,244,132 $5,180,700 $1,450,500 $2,654,000 $1,450,500 $2,654,000 % Change -72.0% 83.0% TOTAL WITH CAPITAL PROJECTS 11,412,136 14,563,925 16,677,361 13,403,884 13,852,332 Less Capital $3,746,530 $3,262,973 % Change 27.6% 14.5% -19.6% 3.3% ENHANCEMENTS Offer Result Title 8.15 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Buckingham and Lincoln Outfall $200,000 8.16 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Poudre River at Oxbow Levee $850,000 8.17 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Prospect and College Storm Sewer $750,000 8.18 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Remington Street Storm Sewer $100,000 $800,000 8.19 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Magnolia Street Outfall Phase 1 $300,000 $1,200,000 8.20 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - Mulberry & Riverside Storm Sewer $800,000 8.21 Safe ENHANCEMENT CAPITAL - Utilities: Stormwater - NECCO Phase 3: Lemay to Redwood $1,600,000 $1,700,000 CS&A FUND 10/24/2016 Amended Budget 2015 Actual 2015 Amended Budget 2016 Projected 2017 Projected 2018 2017 2018 REVENUE PROJECTION Admin Charges - L&P $6,509,642 $5,268,453 $6,500,603 $6,705,767 $7,064,327 % Change -19.1% 23.4% 3.2% 5.3% Admin Charges - Water $3,686,024 $2,983,212 $3,665,852 $3,381,285 $3,568,793 % Change -19.1% 22.9% -7.8% 5.5% Admin Charges - Wastewater $2,667,290 $2,158,720 $2,679,150 $2,997,115 $3,150,418 % Change -19.1% 24.1% 11.9% 5.1% Admin Charges - Stormwater $2,812,697 $2,276,402 $2,815,355 $2,789,308 $2,907,435 % Change -19.1% 23.7% -0.9% 4.2% Transfers From GF for Graffiti and ClimateWise $140,459 % Change -100.0% Transfer from Fund 602 (Self Insurance) $188,885 $188,885 $192,405 $202,632 $205,200 % Change 0.0% 1.9% 5.3% 1.3% Other Revenues $1,170,000 $1,474,707 $1,314,108 $1,134,639 $1,135,498 % Change 26.0% -10.9% -13.7% 0.1% Total Revenues $17,174,997 $14,350,379 $17,167,473 $17,210,746 $18,031,671 Revenues $17,210,746 $18,031,671 % Change -16.4% 19.6% 0.3% 4.8% Budget 2015 Actual 2015 Budget 2016 Projected 2017 Projected 2018 CURRENT OFFERS Offer Result Title 7.1 HPG Utilities - Customer Connections Programs and Services $6,461,752 $5,777,703 $6,561,635 $6,360,448 $6,455,643 % Change -10.6% 13.6% -3.1% 1.5% 7.3 HPG Utilities: Administration & General Operations $6,619,660 $5,591,480 $6,967,428 $5,946,132 $6,373,031 % Change -15.5% 24.6% -14.7% 7.2% 7.5 HPG Utilities: Information Technology Services $3,741,980 $3,434,692 $3,869,721 $4,182,470 $4,220,529 % Change -8.2% 12.7% 8.1% 0.9% 7.7 HPG Utilities: Customer Service & Administration - Minor Capital $207,000 $172,231 $195,000 $185,000 $182,000 % Change -16.8% 13.2% -5.1% -1.6% 7.8 HPG Utilities: Customer Service & Administration - Information Technology Minor Capital $528,527 $495,027 $552,300 $372,671 $626,795 % Change -6.3% 11.6% -32.5% 68.2% Subtotal Current Offers $17,558,919 $15,471,133 $18,146,083 $17,046,721 $17,857,998 17,046,721 17,857,998 % Change -11.9% 17.3% -6.1% 4.8% Less Current $164,025 $173,673 CAPITAL PROJECTS Offer Result Title Subtotal Capital Projects $0 $0 % Change TOTAL WITH CAPITAL PROJECTS $17,558,919 $15,471,133 $18,146,083 $17,046,721 $17,857,998 Less Capital $164,025 $173,673 % Change -11.9% 17.3% -6.1% 4.8% ENHANCEMENTS Offer Result Title 7.16 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - GIS Programmer Analyst $70,446 $92,457 10.5 HPG ENHANCEMENT - 1.0 FTE - Purchasing Buyer (Utilities funding .5 FTE) $33,079 $42,841 10.7 HPG ENHANCEMENT - City Procurement and Vendor Payment Modernization Program $60,500 $38,375 Subtotal Enhancements $164,025 $173,673 $164,025 $173,673 TOTAL WITH ENHANCEMENTS $17,558,919 $15,471,133 $18,146,083 $17,210,746 $18,031,671 Less Enhancements $0 $0 % Change -11.9% 17.3% -5.2% 4.8% Available Reserves REVENUE PROJECTION LESS ALL OFFERS ($383,922) ($1,120,754) ($978,610) $0 $0 $0 $0 $0 UNFUNDED ENHANCEMENTS 7.2 HPG ADMINISTRATIVE POSITION CHANGE 7.0 FTE Utilities: Customer Connections Programs & Services $65,375 $67,130 COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY Staff: Lance Smith, Utilities Strategic Financial Director Date: June 20, 2016 SUBJECT FOR DISCUSSION Utilities 2016 Strategic Financial Plan Update EXECUTIVE SUMMARY The purpose of this agenda item is to provide the Council Finance Committee with an update on the 2016 Utilities Strategic Financial Plan as a follow up to the discussion on April 18, 2016 on each utility’s Capital Improvement Plan (CIP). As stated in that Agenda Item Summary: “Each of these plans [CIPs] is projecting substantial capital investment being needed for each utility over the next decade. Because the projected levels of investment are not achievable through current operating revenues alone it will be necessary to further analyze the best means of achieving these operational needs without negatively impacting the financial integrity of the utilities while maintaining affordable utilities to the community. This analysis and the long term Utilities Strategic Financial Plan will be the focus of the follow up discussion in a few months.” Recommendations for achieving the capital investments proposed in the CIPs while maintaining the financial health of each utility, along with the bond rating, through modest rate adjustments are discussed below and in the presentation. With the exception of the Stormwater Fund, the recommendation achieves these objectives within the next decade. The Stormwater CIP will require 15 years to complete the work targeted within the next decade in order to achieve these objectives. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee support the Utilities Strategic Financial Planning recommendations? BACKGROUND/DISCUSSION At the April 18, 2016 Council Finance Committee the “Utilities Capital Improvement Plan and Strategic Financial Plan Update” outlined the full planning process for capital projects beginning with the Master Planning efforts, including the prioritized CIPs and how the process continues with the Strategic Financial Plan being developed. That discussion showed why none of the utility funds have adequate Available Reserves 1 to achieve the proposed capital projects over the 1 Available Reserves are the portion of the Fund Balance that is not necessary to meet Bond covenants or the City’s Minimum Reserve Financial Policy, and is not currently appropriated for another purpose. ATTACHMENT 3 11.3 Packet Pg. 122 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) coming decade. Thus it will be necessary to adjust rates and consider issuing debt before considering also delaying some of the capital projects beyond 10 years. Several Next Steps were identified then which are being discussed herein. The Next Steps were to: 1. Incorporate the 10 year capital projections into the long term financial model for each utility 2. Perform scenario analyses to understand cash vs. debt funding impacts on rates, reserves, debt capacity and the financial position of each Enterprise Fund 3. Develop recommendations on rate increases and debt issuances to meet the expected needs of the Fund Incorporate the 10 Year CIP into Financial Models Since the meeting in April, the capital investment projections for 2017-2026 have been entered into a long term financial planning model for each utility. This model considers a 21 year horizon (2006 – 2026) beginning 10 years ago and projecting forward 10 years from today. The 10 years of historical analysis provides the basis for the 10 year forward projection for each revenue and expense. Perform Scenario Analyses There are several financial mechanisms available to cover the incremental capital investments. Any Available Reserves can be appropriated to the specific capital projects ensuring their adequate funding. Any operating income will increase the Available Reserves. Rate adjustments provide a direct way to increase operating income. Available Reserves can also be increased by issuing debt through revenue bonds. The balance between these mechanisms is the objective of the stochastic model. The financial model has several financial objectives:  Maintaining adequate Operating Income and Reserve Minimums are necessary.  It is preferred that the City maintain, if not improve, its bond rating wherever possible including the Utility Enterprise Funds.  Rate spikes are undesirable because of the impact such adjustments can have on residential and commercial customers. An order of preference is necessary when considering rates, Available Reserves and Debt in the model. Because rate adjustments provide the most direct communication with ratepayers that costs are increasing, rate adjustments were considered first by themselves. This is consistent with the assumption that rate adjustments will always be a consideration. Then because the CIP was prioritized to respect that prioritization it is necessary to also consider debt in the sources 11.3 Packet Pg. 123 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) available to increase the Available Reserves. Lastly, adjustments to the capital investment over the next decade were considered if it just is not financially feasible to respect the prioritization of the CIP. 1. Scenario 1 – This scenario first considers if it is possible to complete the proposed capital projects within the next 10 years (2017 – 26) by only adjusting rates and not issuing any new debt. If this is achievable with modest rate adjustments then this is the recommended path for that specific utility. 2. Scenario 2 – This scenario acknowledges that it may not be possible to achieve the objectives through Scenario 1 and considers also issuing debt to raise of the necessary capital. If this is achievable through manageable debt service costs and modest rate adjustments then it is the recommendation. 3. Scenario 3 – This scenario is considered when there is no combination of modest rate adjustments and serviceable debt issuances to achieve the capital projects and maintain the financial health of the utility. In this scenario adjustments to the 10 year capital spend are considered – either smoothing out the capital spend evenly across those 10 years or extending the time horizon out beyond 10 years. Develop Recommendations Light & Power The projected 10 Year CIP includes $90M of new capital needs for the anticipated system demands over the decade. This represents a 10-15% increase over the previous decade’s capital investment. $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Annual Capital Investment 501 - Light & Power Fund Operational Technology & Fiber Annexations New Capacity Substation Improvements Distribution System Improvements Ave. Capital Investment 2017-26 Historical Ave Capital 2006-15 11.3 Packet Pg. 124 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) Such a change from recent history should be manageable through modest rate increases alone. The dashboard below shows how this is viable. The upper left corner is a chart showing potential annual rate increases as being less than 5%. The upper right corner is a chart showing the annual operating income for the fund. Each Enterprise is expected to have adequate operating income. The bottom right corner shows a chart of the total outstanding principal debt. In this analysis no additional debt was issued and the outstanding debt is fully retired in 2020. The bottom left corner shows the Available Reserves. Here the capital investment drops off significantly in the last few years resulting in an increased operating income which results in the Available Reserves building up quickly. This analysis will be updated every two years to monitor if any adjustments are necessary. Recommendation: Scenario 1 will allow for the additional capital needs through modest rate adjustments without the anticipated need of issuing debt over the coming decade. Water The Water Enterprise Fund has a CIP with $160M which represents twice the historical average annual spend has been. 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% Rate Increase ($5,000,000) ($2,500,000) $0 $2,500,000 $5,000,000 $7,500,000 $10,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0 5000000 10000000 15000000 20000000 25000000 30000000 35000000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt 11.3 Packet Pg. 125 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) This utility also has low Available Reserves which limits short term financial agility. The CIP also ramps up quickly which together make it infeasible to have modest rate adjustments alone (Scenario 1) and achieve the operational needs for the CIP. The dashboard below shows the negative Available Reserves and large rate increases. The build-up of Available Reserves may make it necessary to adjust rates downward as well in the last few years. Next, issuing debt along with modest rate increases was considered. This Scenario (Scenario 2) does result in a feasible path. However, as the dashboard below shows, operating income remains negative. $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Annual Capital Investment 502 - Water Fund Environmental Services Water Resources Water Distribution Water Production Ave. Capital Investment 2017-26 Historical Ave Capital 2006-15 ($5,000,000) $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt ($10,000,000) $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% Rate Increase 11.3 Next it was assumed that the annual capital spend over the coming decade can be smoothed to near the average annual spend each year (Scenario 3). This change respects the prioritization in the CIP and accomplishes the same infrastructure in 2026 as the CIP. The dashboard below shows how this change reduces the amount of debt needing to be issued from $55-70M to $50- 60M and results in positive operating income. Recommendation: Scenario 3 (immediately above) which will accomplish the financial objectives while completing the CIP over the coming decade. Wastewater The slight reduction in the estimated capital investment over the coming decade compared to the previous decade is the result of the Mulberry rebuild. ($5,000,000) ($3,000,000) ($1,000,000) $1,000,000 $3,000,000 $5,000,000 $7,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% Rate Increase ($5,000,000) ($3,000,000) ($1,000,000) $1,000,000 $3,000,000 $5,000,000 $7,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 The minor change in the average annual capital investment should be manageable through rate adjustments alone. This Fund also has healthy Available Reserves allowing for more financial agility if needed in an emergency. The dashboard below shows how Scenario 1 is sufficient to meet the operational needs and maintain the current levels of service. The bottom left corner shows a sizable build-up of Available Reserves over the next decade. This is intentional to address new nutrient removal and temperature regulations driven capital projects in 2027-30 estimated to cost $60-80M in addition to ongoing system renewal. Recommendation: Modest rate adjustments should be sufficient to cover capital investment in the next decade without the need to issue additional debt for this fund. Stormwater $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Annual Capital Investment 503 - Wastewater Fund Environmental Services Wastewater Collection Water Reclamation Ave. Capital Investment 2017-26 Historical Ave Capital 2006-15 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 2.0% 4.0% 6.0% The Stormwater Enterprise Fund has spent just over $5M per year on capital investments in the previous decade. The 2017-26 CIP requires just over $15M per year or 3 times the current rate of investment. This utility has low Available Reserves which limits the financial agility of the utility in the short term. The CIP is also heavily focused on the first 5 years ($71M invested in 2017-21 and $29M in 2022-26). Together these challenges make it infeasible to address the CIP goals through rates alone. The dashboard below for this Scenario (Scenario 1) shows that Available Reserves immediately turn negative and operating income jumps with the large rate adjustments. Rate adjustments are not effective in the situation this utility is in with high operating income, low Available Reserves, and annual operating revenues of just $15M, or the same amount of capital investment requested per year although it is tightly focused on 4 years in the middle. $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Annual Capital Investment 504 - Stormwater Fund Boxelder Basin Stormwater Authority Stream Rehabilitation Minor Capital Major Capital Ave. Capital Investment 2017-26 Historical Ave Capital 2006-15 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt ($30,000,000) ($25,000,000) ($20,000,000) ($15,000,000) ($10,000,000) ($5,000,000) $0 $5,000,000 $10,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% Rates and debt (Scenario 2) are shown in the dashboard below. Available Reserves are not sufficient even with the very large debt issuance ($80-90M within the first 5 years) and 10% rate increases. Next it was considered how the CIP could be modified while respecting the prioritization of the investments. Because the increase in the average annual capital investment is increasing so much from $5M to $15M per year smoothing the investment evenly over the 10 years is not going to be adequate. Instead stretching the timeline from 10 years out to 15 years was considered (Scenario 3). The dashboard below shows how effective this approach is at achieving the financial objectives albeit over a longer time period. Recommendation: Scenario 3 which reduces the near term debt issuance down from $80-90M to $40-50M by extending the time horizon out 5 years to 2031. Where Are We In the Planning Process? As the CIPs are incorporated into developing the 2016 Utilities Strategic Financial Plan there is a need for some back and forth discussions between the Utility Executive Director, Operations $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $100,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt ($10,000,000) ($5,000,000) $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% Rate Increase $0 $1,000,000 Managers and Finance around what may be a manageable adjustment to the annual capital investment while maintaining the current levels of service being provided to the community. This is where we are at now in the whole planning process. The Scenario Analyses suggested the preferred financial strategy to the CIP. Now the Operations Managers need to consider what this approach would mean in terms of impacts to the current levels of service and what may be adjustable or not. Subsequent modeling efforts may be needed if the preferred financial strategy is not operationally feasible. On the version of the process map presented in April shown below the red loop represents where we are currently at in the planning process: Conclusion The 2016 CIPs included significant increases in anticipated capital investments for two of the utilities over the previous decade’s investment level. These two utilities also are the same two utilities with low Available Reserves. Managing the financial health of these two utilities, Water and Stormwater, while maintaining the current levels of service will require rate adjustments, debt issuances and some adjustments to the CIPs. The other two utilities, Light & Power and Wastewater, are expecting modest rate adjustments may be necessary over the next 10 years, but there is not expected to be a need to issue debt in these two utilities over the next decade. Utility Available Reserves (in $M) 2015 Operating Expenses (in $M) Days Cash on Hand in Available Reserves Capital Spend 2006-15 (in $M) Capital Spend 2017-26 (in $M) % Increase / (Decrease) Light & Power 16.4 38.8 154 80.5 85 5.6% Water 4.4 23.3 69 73.9 152.1 105.8% Wastewater 18.5 15.8 427 87.7 84.8 -3.3% Stormwater 4.1 9.9 151 56.3 156.5 178.0% 11.3 Packet Pg. 131 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) Staff will continue to keep the Council Finance Committee and the entire City Council informed of the biannual updates and other changes to the Utilities Strategic Financial Plan. The 2016 Utilities Strategic Financial Plan will be published once the current iterative step between Finance and Operations is agreed upon within the next few months. ATTACHMENTS Attachment 1 – CFC Presentation for June 20, 2016 Attachment 2 – CFC AIS on “Utilities Capital Improvement Plans and Strategic Financial Plan Update” from April 18, 2016 11.3 Packet Pg. 132 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY Staff: Lance Smith, Utilities Strategic Financial Director SUBJECT FOR DISCUSSION – Residential Electric Rate Structure EXECUTIVE SUMMARY The purpose of this agenda item is to provide the Council Finance Committee with an overview of current electric rate structure methodologies and trends. The considerable interest in potential changes to our existing rate structures, particularly in the electric monthly charges, led staff to engage a utility rate consultant to provide an outside perspective and additional expertise on how the utility industry is addressing the current changes in the industry. This presentation is focused on the electric utility but many of the principles and considerations in designing rates are applicable to the water and wastewater utilities as well. The presentation and subsequent discussion will serve to provide the City Council and staff with some common footing for subsequent presentations and discussions. Dawn Lund is a Vice President at Utility Financial Solutions (UFS). UFS is utilized by Platte River Power Authority and the City of Loveland for rate analysis, and has worked with Fort Collins Utilities in the past. Dawn and Mark Beauchamp, President of UFS, provide the annual rate making training that is provided through the American Public Power Authority (APPA) and are recognized authorities in rate design and current rate trends in the electric industry. The presentation to begin the discussion will focus on the following:  Current industry rate trends  Current weaknesses of residential rate structures  Distributed generation issues and rate structures  Rates that promote financial stability  Pros and cons of alternative rate structures  Determining the role of a monthly customer charge GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee have specific direction on residential electric rate structures that staff should explore beyond the current Time of Use pilot? 2. Does the Council Finance Committee have direction for the rate structures in place in any of the utilities? BACKGROUND/DISCUSSION The update to the Utilities Capital Improvement Plans in 2016 and the two prior discussions with the Council Finance Committee in April and June of 2016 have provided a long range perspective on the infrastructure needs of each utility. This long range planning will require rate adjustments in order to provide the necessary revenues for such improvements beginning in the 2017-18 Budget cycle. With any rate increase it is necessary to consider the impacts such an increase will have on the utility and the community. The Rate Ordinances are scheduled for First reading on November 1, 2016 and will include a thorough explanation of why the specific rate increases are being proposed for City Council consideration. Considerable interest has been expressed by the City Council and community to consider alternative rate structures. Staff continues to do the due diligence necessary before presenting any alternative rate structures to the City Council. Specific recent considerations related to residential electric rates include: ATTACHMENT 4 11.4 Packet Pg. 133 Attachment: Council Finance Committee Agenda Item Summary-Residential Electric Rate Structure, September 19, 2016 (4927 : Utility Rates) 1. Time of Use Pilot (TOU) – A year-long pilot study is concluding at the end of September that was designed to determine if a rate structure which charges more during the few hours each day that energy is most in demand and less during the remainder of the day. Results from this study and the customer survey will be presented at the January 24, 2017 Council Work Session. 2. Electric Vehicles (EV) – The current rate structure does not provide an incentive to promote EV adoption in our community. There have been requests for consideration of an “EV rate.” This is a variation on the TOU rate structure. As the charging technology develops the trend has been to faster charging which requires significantly more electric capacity throughout the distribution system. 3. Distributed Storage – As battery technology evolves it may be possible to reduce the anticipated increase in distribution infrastructure and to reduce demand charges for energy during peak periods. A pilot study is being proposed in the 2017-18 City Manager’s Recommended Budget to explore how this may be optimized in our community. While the study is focused on utility owned battery storage, consumer owned storage is certainly possible and how to compensate those customers for the use of their storage will become an industry concern in the near future. 4. Rate Affordability - Rate increases are not desired by anyone but the financial burden is particularly acute in lower income households. The current rate structure, while intended to promote energy conservation by charging more than the marginal cost to those residences that exceed the community average in energy use, may add to this burden by charging customers living in inefficient housing more than the cost to provide service to them. 5. Net Metering – With the deployment of the advanced metering infrastructure it became possible to do a monthly reconciliation for those residential accounts that have distributed solar generation. Adoption of distributed solar generation is an ongoing objective of the electric utility but it also poses a financial risk to the utility. The current fixed charge is not adequate to cover the fixed costs of providing electric service to residential customers. Some utilities have mitigated this risk by increasing their fixed charges or by having a higher fixed charge for Net Metering customers. Utility rate design involves balancing a number of potentially competing objectives. Understanding these objectives and the balancing act rate design entails is crucial before changes are made to the existing rate structure. These objectives include: 1. Full cost recovery – any rate structure needs to provide adequate revenues to meet anticipated expenses 2. Fairness or Equity – each rate class should cover the cost of serving that rate class whenever possible; intra-class subsidies will occur to some extent but inter-class subsidies should be avoided 3. Revenue stability and predictability – confidence in anticipated revenues is necessary for major capital investment; weather and other unanticipated events can significantly affect revenues 4. Rate stability and predictability – economic development and community support for the utility require that rate adjustments are predictable 5. Simplicity – utility rates should provide an effective, understandable price signal to customers 6. Feasible – any rate structure needs to be administrable by the utility 7. Defendable – rates must meet legal restrictions Utility rates will be discussed with City Council on several agendas in the coming months as shown in the table below. 11.4 Packet Pg. 134 Attachment: Council Finance Committee Agenda Item Summary-Residential Electric Rate Structure, September 19, 2016 (4927 : Utility Rates) Conclusion UFS will provide an opportunity for the CFC to discuss any rate structure ideas with an outside industry expert. Through this discussion and the subsequent agenda items an explanation of the need for the rate increases being proposed for 2017 will be provided to the City Council. Agenda Item Forum Date Purpose Electric Rate Trends Council Finance Committee 9/19/2016 To provide some background information to the CFC on current trends Raw Water Requirements and Cash-in-lieu City Council Work Session 10/25/2016 To update the raw water requirements and the associated cash-in-lieu of water rights 2017 Rate Ordinances City Council Regular Meeting 11/1/2016 To gain support and direction on the increases being proposed for 2017 Electric Capacity Fees City Council Work Session 1/10/2017 To present a new methodology for calculating electric development charges 11.4 Packet Pg. 135 Attachment: Council Finance Committee Agenda Item Summary-Residential Electric Rate Structure, September 19, 2016 (4927 : Utility Rates) DRAFT/Unapproved Minutes Excerpt from Unapproved Water Board Minutes - October 20, 2016 2017 Utility Rate Ordinances (Attachments available upon request) Utilities Strategic Finance Director Lance Smith summarized the Water, Wastewater, and Stormwater ordinances for proposed 2017 rates that will be on the City Council agenda for first and second readings on November 1 and 15. No changes are proposed for any of the three utility Plant Investment Fees (PIFs) in 2017. A 5% increase is proposed for the Water Fund in 2017. This rate increase is driven by the need to increase available reserves for near-term capital requirements and to increase operating revenues to cover debt service required to achieve the 10-year prioritized capital improvement plan (CIP). Examples of 2017 projects include Poudre Canyon raw water line assessment, distribution system renewals, and Water Quality Lab improvements. A 3% rate increase is proposed for the Wastewater Fund for 2017. Operating revenues for the Wastewater utility continue to be below budget. The 3% increases in both 2017 and 2018 in the City Manager’s Recommended Budget (CMRB 2017-18) are expected to address this continued revenue shortfall and put this fund on a path to provide sufficient available reserves to complete the 10-year CIP without the need to issue new debt. Examples of 2017 projects include replacement of centrifuges and biosolids improvement. A 3% rate increase is proposed for the Stormwater Fund in 2017. Staff originally proposed a 5% rate increase in the CMRB 2017-18. The 3% rate increase would increase the debt capacity of the Stormwater Fund by $8 million to $17 million, allowing the initial buildout of the stormwater infrastructure to be on a 15-year completion schedule beginning in 2017. Examples of 2017 projects include Magnolia Street Outfall Phase 1, North East College Corridor Outfall Phase 3. Neighboring communities are planning 2017 water rate increases of 9% (Loveland), 21% (Longmont), 8% (Boulder), 6% (Colorado Springs), and 3% (Greeley). West Fort Collins Water District is planning an 8% water rate increase; Fort Collins Utilities provides treated water to this district. Discussion Highlights Board members inquired about and commented on various topics, including the revenue shortage (possibly due to customers installing more water efficient toilets, etc.), messaging to customers regarding rate increases, and quantifying risk factors related to insurance discounts for customers. Utilities Executive Director Kevin Gertig commented on critical reasons for capital improvement projects, such as the expectation of more erratic precipitation and longer periods of drought in the coming years. He suggested that Water Engineering and Stormwater staff present the master plan at a future meeting to explain the plan and highlights of 150 current projects. A board member commented that a drought assessment study would not get funded if the water rate were approved at a 3% increase instead of 5% (the additional 2% increase would generate enough revenue to fund the Water Supply Vulnerability Assessment, a Utilities inspector, and a ATTACHMENT 5 11.5 Packet Pg. 136 Attachment: Water Board minutes, October 20, 2016 (draft) (4927 : Utility Rates) DRAFT/Unapproved Minutes Water Conservation Coordinator). A board member inquired about affordability for customers. Another board member spoke in favor of a 5% rate increase due to the dangers of not budgeting money for vital capital improvements, and stated that a vulnerability assessment is crucial to replace information that is 30 years old. Staff recommendations: A 5% rate increase proposed for the Water Fund in 2017. A 3% rate increase proposed for the Wastewater Fund in 2017. A 3% rate increase proposed for the Stormwater Fund in 2017. Board Member Phyllis Ortman moved that the Water Board support the 2017 water increase of 5% as presented by staff. Board Member Duncan Eccleston seconded the motion. Vote on the motion: It passed unanimously, 10-0. Board Member Duncan Eccleston moved that the Water Board express support the 2017 3% wastewater increase as presented by staff. Board Member Phyllis Ortman seconded the motion. Vote on the motion: It passed unanimously, 10-0. Board Member Duncan Eccleston moved that the Water Board support the 2017 3% stormwater increase as presented by staff. Board Member Phyllis Ortman seconded the motion. Vote on the motion: It passed 9-1 with Board Member Lori Brunswig dissenting. Reason for Nay vote: Due to difficulty in getting questions answered by staff regarding rate increases, and not being treated well when asking questions about rate increases and requesting information about projects. Utilities Executive Director Kevin Gertig thanked Ms. Brunswig for her comments and expressed concern about the issues she raised; he stated he’s listening, vowed to research her concerns, and make changes. 11.5 Packet Pg. 137 Attachment: Water Board minutes, October 20, 2016 (draft) (4927 : Utility Rates) Kevin R. Gertig, Utilities Executive Director Lance Smith, Utilities Strategic Finance Director 11.01.2016 ATTACHMENT 6 11.6 Packet Pg. 138 Attachment: Powerpoint presentation (4927 : Utility Rates) Rates / Budget Process Overview 2 11.6 Packet Pg. 139 Attachment: Powerpoint presentation (4927 : Utility Rates) Utility Rates Necessity: To provide long term revenues necessary to meet the operational needs of each utility Revenue Requirements: – Biennial Budget addresses near term – Strategic operational and financial planning addresses long term Adjustments: – Cost of Service studies every other year – Revenue requirements 3 11.6 Packet Pg. 140 Attachment: Powerpoint presentation (4927 : Utility Rates) Process 4 UTILITIES RATES Analysis: • Near term revenue requirements • Long term capital and O&M needs Development: • Ongoing and Enhancement Offers focus on buying Strategic Outcomes STRATEGIC PLAN BIENNIAL BUDGET Strategic Outcomes: • High-Performing Government • Economic Health • Environmental Health • Safe Community 11.6 Packet Pg. 141 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Budgets 5 11.6 Packet Pg. 142 Attachment: Powerpoint presentation (4927 : Utility Rates) Utilities Budget Cuts UTILITY FUND 2017 Budget $M Budget Change 2016-2017 Comments ELECTRIC $141.2 -1.9% Reduced O&M 10%; Increased capital based on CIP WATER $34.8 -25.4% Reduced O&M 2.2%; Reduced capital from $20M to $9M WASTEWATER $25.5 -10.4% Reduced O&M 2.1%; Reduced capital from $10M to $7M STORMWATER $18.7 12.2% O&M increased 4.0%; Increased capital from $5M to $7M CS&A $17.2 -5.2% Reduced Customer Connections 3.1% and Administration 7.8% Total Utilities $237.4 -6.4% Every manager’s budget was reviewed at the line item level and adjusted based on 2015 actual spend 6 11.6 Packet Pg. 143 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Proposed Rate Adjustments 7 11.6 Packet Pg. 144 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Rate Summary UTILITY 2017 PROPOSED INCREASE NOTES PLANT INVESTMENT FEES ELECTRIC 3.45% Varies by rate class Electric Capacity Fee January 2017 WATER 5.00% Same for rate classes 2018 WASTEWATER 3.00% Same for rate classes 2018 STORMWATER 5.00% Same for rate classes 2018 8 11.6 Packet Pg. 145 Attachment: Powerpoint presentation (4927 : Utility Rates) Light & Power Capital Needs 9 11.6 Packet Pg. 146 Attachment: Powerpoint presentation (4927 : Utility Rates) Electric Rate Increase Average increase of 3.45 percent - Exact percent varies by rate class 2.2 percent from wholesale increase for: • Operational improvements to generation and transmission facilities • Solar facility at Platte River Power Authority 1.25 percent at distribution level for: • Operating Income • Solar incentives • Increased energy efficiency programs • Capital infrastructure improvements 10 11.6 Packet Pg. 147 Attachment: Powerpoint presentation (4927 : Utility Rates) Electric Increase by Rate Class 4.2% 3.8% 2.9% 2.8% 3.5% 2.6% 0% 1% 2% 3% 4% 5% Residential Residential Demand Small Commercial Medium Commercial Large Commercial Industrial % Rate Increase 2017 Proposed Electric Rate Changes Based on 2016 Cost of Service Study Full COS Adjustments System Rate Change 11 11.6 Packet Pg. 148 Attachment: Powerpoint presentation (4927 : Utility Rates) Water Infrastructure Needs 12 11.6 Packet Pg. 149 Attachment: Powerpoint presentation (4927 : Utility Rates) Water Rate Increase 3 or 5% rate increase for all rate classes managing source of supply to tap: • 10 year Capital Improvement Plan • Increase financial agility of the Enterprise 2017 Project Examples: • Poudre Canyon Raw Water Line assessment • Distribution System renewals • Water Quality Lab improvements 13 11.6 Packet Pg. 150 Attachment: Powerpoint presentation (4927 : Utility Rates) Wastewater Infrastructure Needs 14 11.6 Packet Pg. 151 Attachment: Powerpoint presentation (4927 : Utility Rates) Wastewater Rate Increase 3% rate increase for all rate classes for: • Revenue shortfall • Infrastructure improvements • Replacement of aging pipes in collection system 2017 Project Examples: • Replacement of centrifuges • Biosolids improvement 15 11.6 Packet Pg. 152 Attachment: Powerpoint presentation (4927 : Utility Rates) Stormwater Capital Needs 16 11.6 Packet Pg. 153 Attachment: Powerpoint presentation (4927 : Utility Rates) Stormwater Rate Increase 3 or 5% rate increase for all rate classes for: • Meeting 15 year horizon for completing buildout of major drainage outfalls • Minimizing flood hazard community-wide 2017 Project Examples: • Magnolia Street Outfall Phase 1 • North East College Corridor Outfall Phase 3 17 11.6 Packet Pg. 154 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Rate Comparisons 18 11.6 Packet Pg. 155 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Rate Adjustments in Neighboring Communities ELECTRIC OVERALL WATER OVERALL WASTEWATER OVERALL STORMWATER OVERALL TOTAL Loveland 6.5% 9.0% 11.0% 9.6% 8.2% Longmont 4.0% 21.0% 3.0% 0.0% 7.2% Boulder 0.0% 8.0% 5.0% 8.0% 3.4% Greeley 0.0% 3.0% 0.0% 8.0% 1.3% Ft Collins 3.45% 5.0% 3.0% 5.0% 3.9% Colorado Springs 3.30% 6.0% 0.0% N/A 3.8% 19 11.6 Packet Pg. 156 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Comparison - Residential ELECTRIC OVERALL WATER OVERALL WASTEWATER OVERALL STORMWATER OVERALL TOTAL Loveland $71.37 $37.06 $28.23 $13.68 $150.33 Longmont $65.78 $38.08 $34.64 $13.05 $151.55 Boulder $79.67 $38.71 $30.53 $14.54 $163.45 Greeley $79.67 $52.89 $20.62 $6.97 $160.15 Ft Collins $71.07 $45.75 $36.12 $14.97 $167.91 Colorado Springs $88.28 $82.49 $31.27 N/A $202.04 20 11.6 Packet Pg. 157 Attachment: Powerpoint presentation (4927 : Utility Rates) Electric Rates – Residential 21 11.6 Packet Pg. 158 Attachment: Powerpoint presentation (4927 : Utility Rates) Electric Rates – Small Business $0 $50 $100 $150 $200 $250 $300 $350 $400 CAMU Small Commercial Survey | July 2016 - Cost of 2,000 kWh + 10 kW Municipality CO-OP Investor 22 11.6 Packet Pg. 159 Attachment: Powerpoint presentation (4927 : Utility Rates) Electric Rates – Large Business $0 $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 CAMU Large Commercial Survey | July 2016 - Cost of 45,000 kWh + 130 kW Municipality CO-OP Investor 23 11.6 Packet Pg. 160 Attachment: Powerpoint presentation (4927 : Utility Rates) Residential Customer Impact 24 11.6 Packet Pg. 161 Attachment: Powerpoint presentation (4927 : Utility Rates) 2017 Residential Typical Bill ELECTRIC OVERALL WATER OVERALL WASTEWATER OVERALL STORMWATER OVERALL TOTAL Current 2016 $68.21 $43.57 $35.07 $14.26 $161.11 Proposed 2017 $71.07 $45.75 $36.12 $14.97 $167.91 $ Increase $2.86 $2.18 $1.05 $0.71 $6.52 % Increase 4.2% 5.0% 3.0% 5.0% 4.2% 25 11.6 Packet Pg. 162 Attachment: Powerpoint presentation (4927 : Utility Rates) 26 11.6 Packet Pg. 163 Attachment: Powerpoint presentation (4927 : Utility Rates) - 1 - OPTION 1 (Increase in Fixed Monthly Charge and Distribution Facilities Charge) ORDINANCE NO. 122, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, the City purchases bulk wholesale electric power from Platte River Power Authority (“PRPA”) pursuant to an Amended Contract for Supply of Electric Power and Energy, dated September 1, 2010; and WHEREAS, PRPA costs are increasing due to reduced wholesale market prices and surplus sales, increased costs for coal, and increased operating costs for aging plants; and WHEREAS, PRPA will increase the City’s wholesale cost of power approximately 3.0% in 2017; and WHEREAS, the increased wholesale power cost will require an average 2.2% rate increase and increased local distribution costs will require an additional average 1.25% rate increase, for a total City electric rates increase in 2017 of 3.45% in order to remain consistent with Article XII, Section 6, of the City Charter; and WHEREAS, the proposed rate increase will vary by customer class based on the cost of service to each class; and WHEREAS, in addition to adjusting the electric rates in the City Code, Utilities staff has identified formatting and maintenance updates to Chapter 26 of the City Code necessary to improve the clarity with which electric rates are stated; and WHEREAS, the Energy Board considered the proposed electric rates, fees, and charges, and language clarifications for 2017 at its October 6, 2016 regular meeting and provided a recommendation of approval to City Council; and - 2 - WHEREAS, the City Manager and staff have recommended to the City Council the following electric rate adjustments and City Code rate language clarifications for all electricity used by GS50 and GS750 rate class customers on or after January 1, 2017, and for all other customer classes for all billings issued with meter readings on or after January 1, 2017; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the electric rates, fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Sections 26-464 (c) through (f), (p), (r) and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $5.07 $5.79 (2) Distribution facilities charge Per kWh $0.0238 $0.0256 (3) Energy and demand charge a. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. 1. Tier 1 - for the first five hundred (500) kilowatt hours per month 2. Tier 2 - for the next five hundred (500) kilowatt hours per month 3. Tier 3 - for all additional kilowatt hours per month Per kWh $0.0632 $0.0634 Per kWh $0.0804 $0.0807 Per kWh $0.1146 $0.1150 b. Non-summer. During the non-summer season billing months of January through May and September through December. 1. Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh Per kWh $0.0570 $0.0583 - 3 - 2. Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh 3. Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 (4) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Medical assistance program. . . . (3) The discounted monthly rates for customers with electrical durable medical equipment only shall be the sum of the following charges: a. Fixed Charge Per account $5.07 $5.79 b. Distribution facilities charge Per kWh $0.0238 $0.0256 c. Energy and demand charge 1. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month (b) Tier 2 - for the next five hundred (500) kilowatt hours per month (c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0357 $0.0358 Per kWh $0.0804 $0.0807 Per kWh $0.1146 $0.1150 2. Non-summer. During the non-summer season billing months of January through May and September through December. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0311 $0.0318 Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 d. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent - 4 - (4) The discounted monthly rates for customers with medical needs requiring air conditioning only shall be the sum of the following charges: a. Fixed Charge Per account $5.07 $5.79 b. Distribution facilities charge Per kWh $0.0238 $0.0256 c. Energy and demand charge 1. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month (b) Tier 2 - for the next five hundred (500) kilowatt hours per month (c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0350 $0.0351 Per kWh $0.0444 $0.0446 Per kWh $0.1146 $0.1150 2. Non-summer. During the non-summer season billing months of January through May and September through December. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0570 $0.0583 Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 d. Payment in lieu of taxes (PILOT) and franchise. A charge of all monthly service charges billed pursuant to this Section 6 percent (5) The discounted monthly rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be the sum of the following charges: a. Fixed Charge Per account $5.07 $5.79 b. Distribution facilities charge Per kWh $0.0238 $0.0256 c. Energy and demand charge 1. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and - 5 - provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month (b) Tier 2 - for the next five hundred (500) kilowatt hours per month (c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0229 Per kWh $0.0291 $0.0292 Per kWh $0.1146 $0.1150 2. Non-summer. During the non-summer season billing months of January through May and September through December. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0311 $0.0318 Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 d. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent . . . (e) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (e). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (f) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (f) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 . . . (p) Net metering. - 6 - … (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Distribution facilities credit Per kWh $0.0238 $0.0256 b. Energy and demand credit Per kWh $0.0632 $0.0634 (6) TOU rates, for customer-generators participating in a qualifying "time-of-use" (TOU) rate study, consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable study rates under Subsection (s) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy and demand credit – summer season billing months 1. On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.1968 $ 2. Off-Peak Per kWh $0.0412 $ b. Energy and demand credit – non-summer season billing months 1. On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1632 $ 2. Off-Peak Per kWh $0.0395 $ . . . (r) Net metering—community solar projects. . . . (3) Both the customer’s consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The method used to measure energy produced and issue credits under this Section shall be identical for customers participating in third-party administered and City low-income community solar projects. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: - 7 - 1. Distribution facilities credit Per kWh $0.0119 $0.0128 2. Energy and demand credit Per kWh $0.0632 $0.0634 (s) Time of Use (TOU) Pilot Study. (1) Objective. The City has identified potential benefits available through time-of-use (TOU) based electric service rates, including encouraging reduced energy consumption and equitably shifting energy costs to customers who use more energy. In order to study these benefits, Fort Collins Utilities shall conduct a temporary pilot project beginning with the billing cycle commencing on or after October 1, 2015, and concluding after twelve (12) full billing cycles. (2) Scope. The project shall include six thousand residential energy service (Schedule R) customers selected at random. Customers selected at random will be notified and given a one-time opportunity to "opt-out" of participation in the project. Customers who do not opt-out will be assigned, as determined by the Executive Director, to one of the two pilot rates described in Subsections (s)(4) (pilot TOU rate) and (s)(5) (pilot TOU with energy efficiency tier rate), or monitored on their existing residential energy service tiered rate, as a control group. (3) Best-bill guarantee. Customers participating in the pilot project for the full twelve (12) billing cycle period will be eligible for the following best-bill guarantee: the total energy costs paid by each customer under either of the pilot rates for the twelve full billing cycles shall be compared with the energy costs such customer would have paid under the base residential energy service tiered rate during the same twelve billing cycles, and each customer shall be reimbursed (by issuance of a billing credit or otherwise, as determined by the Executive Director) for the amount by which the total energy costs paid exceed the amount that would have been due under the base residential energy service tiered rate for such period. Each customer who pays total energy costs under either of the pilot rates during the twelve full billing cycles of the project that are less than the energy costs such customer would have paid under the base residential energy service tiered rate shall retain those savings. (4) Pilot TOU rate. Customers assigned to this rate during the pilot study shall pay monthly rates under this sub-schedule equal to the sum of the following charges: a. Fixed Charge Per account $5.07 $ b. Distribution facilities charge Per kWh $0.0238 $ c. Energy and demand charge 1. Summer. During the summer season billing months of May, June, July and August, and September - 8 - (a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) (b) Off-Peak Per kWh $0.1968 $ Per kWh $0.0412 $ 2. Non-summer. During the non-summer season billing months of January through April and October through December. (a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (b) Off-Peak Per kWh $0.1632 $ Per kWh $0.0395 $ d. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (5) Pilot TOU with energy efficiency tier rate. Customers assigned to this rate during the pilot study shall pay monthly rates under this sub-schedule equal to the sum of the following charges: a. Fixed Charge Per account $5.07 $ b. Distribution facilities charge Per kWh $0.0194 $ c. Energy and demand charge 1. Summer. During the summer season billing months of May, June, July, August, and September (a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) (b) Off-Peak Per kWh $0.1968 $ Per kWh $0.0412 $ 2. Non-summer. During the non-summer season billing months of January through April and October through December. (a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (b) Off-Peak Per kWh $0.1632 $ Per kWh $0.0395 $ d. Energy efficiency tier charge, per kilowatt hour for total consumption over 700 kWh in a billing month (regardless of on-peak or off-peak) Per kWh $0.0163 $ e. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent Section 3. That Sections 26-465 (c) through (f), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (c) Monthly rate. The monthly rates shall be the sum of the following charges: - 9 - (1) Fixed Charge Per account $5.07 $5.79 (2) Demand charge Per kW $2.36 $2.44 (3) Distribution facilities charge Per kWh $0.0211 $0.0228 (4) Energy charge a. Summer season billing months of June, July and August b. Non-summer season billing months of January through May and September through December Per kWh $0.0435 $0.0443 Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly standby distribution charge: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $2.33 $2.11 - 10 - . . . (q) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Distribution facilities credit Per kWh $0.0238 $0.0256 b. Energy and demand credit Per kWh $0.0632 $0.0634 (r) Net metering-community solar projects. . . . (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The method used to measure energy produced and issue credits under this Section shall be identical for customers participating in third-party administered and City low-income community solar projects. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0119 $0.0128 2. Energy and demand credit Per kWh $0.0632 $0.0634 Section 4. That Sections 26-466 (c) through (e), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-466. General service, schedule GS. For all metered kilowatts in excess of the contracted amount Per kW $6.99 $6.33 - 11 - . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: 1. Fixed Charge a. Single-phase, two-hundred-ampere service Per account $ 3.26 $3.60 b. Single-phase, above two-hundred-ampere service Per account $ 9.60 $10.61 c. Three-phase, two-hundred-ampere service Per account $ 4.96 $5.48 d. Three-phase, above two-hundred-ampere service Per account $11.74 $12.98 2. Demand charge a. Summer season billing months of June, July, and August Per kWh $0.0289 $0.0268 b. Non-summer season billing months of January through May and September through December Per kWh $0.0156 $0.0164 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 3. Distribution facilities charge Per kWh $0.0227 $0.0244 4. Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0435 $0.0443 b. Non-summer season billing months of January through May and September through December Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 5. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated - 12 - by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 . . . (q) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0435 $0.0443 (r) Net metering-community solar projects. . . . (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0114 $0.0122 2. Energy and demand credit Per kWh $0.0435 $0.0443 - 13 - . . . Section 5. That Sections 26-467 (c) through (f) and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: 1. Fixed Charge a. Single-phase, two-hundred-ampere service Per account $ 3.26 $3.60 b. Single-phase, above two-hundred-ampere service Per account $ 9.60 $10.61 c. Three-phase, two-hundred-ampere service Per account $ 4.96 $5.48 d. Three-phase, above two-hundred-ampere service Per account $11.74 $12.98 2. Demand charge a. Summer season billing months of June, July, and August Per kW $7.86 $8.28 b. Non-summer season billing months of January through May and September through December Per kW $4.57 $4.74 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 3. Distribution facilities charge Per kwh $0.0176 $0.0185 4. Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0435 $0.0443 b. Non-summer season billing months of January through May and September through December Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. - 14 - 5. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly standby distribution charge Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $3.82 $3.83 For all metered kilowatts in excess of the contracted amount Per kW $11.45 $11.50 . . . (r) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection - 15 - (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0435 $0.0443 . . . Section 6. That Sections 26-468 (c) through (g), and (u) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468. General service 50, schedule GS50. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $9.45 $9.08 An additional charge may be assessed if telephone communication service is not provided by the customer. Per account $40.00 (2) Coincident demand charge a. summer season billing months of June, July and August Per kW $11.68 b. non-summer season billing months of January through May and September through December Per kW $8.15 $8.90 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kW $5.90 $6.25 (4) Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0435 $0.0443 b. Non-summer season billing months of January through May and September through December Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. - 16 - (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. Monthly standby distribution charge shall be the sum of the following charges: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $4.72 $4.92 For all metered kilowatts in excess of the contracted amount Per kW $14.16 $14.77 . . . (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: - 17 - (1) Monthly charge shall be the sum of the following charges: Contracted backup capacity per month Per kW $0.86 $1.01 Metered kilowatts in excess of the contracted amount Per kW $2.58 $3.03 (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. . . . (u) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0435 $0.0443 Section 7. That Sections 26-469 (c) through (g) and (v) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-469. General service 750, schedule GS750. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $15.24 $15.56 a. Additional charge for each additional metering point Per account $9.50 b. An additional charge may be assessed if telephone communication service is not provided by the customer. Per account $40.00 (2) Coincident demand charge - 18 - a. summer season billing months of June, July and August Per kW $11.51 b. non-summer season billing months of January through May and September through December Per kW $8.04 $8.77 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge a. First seven hundred fifty (750) kilowatts Per kW $5.85 $6.00 b. All additional kilowatts Per kW $3.48 $3.55 (4) Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0428 $0.0436 b. Non-summer season billing months of January through May and September through December Per kWh $0.0412 $0.0419 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 - 19 - (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. Monthly standby distribution charges shall be paid in the following amounts Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $3.52 $3.41 For all metered kilowatts in excess of the contracted amount Per kW $10.56 $10.24 . . . (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility at the following: (1) Monthly charge. . . . (v) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0428 $0.0436 Contracted backup capacity per month Per kW $0.64 $0.70 Metered kilowatts in excess of the contracted amount Per kW $1.92 $2.10 - 20 - Section 8. That Sections 26-470 (c) through (e), and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-470. Substation service, schedule SS. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $39.47 $35.38 (2) Coincident demand charge a. summer season billing months of June, July and August Per kW $11.33 b. non-summer season billing months of January through May and September through December Per kW $7.91 $8.64 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kW $2.50 $2.87 (4) Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0422 $0.0430 b. Non-summer season billing months of January through May and September through December Per kWh $0.0405 $0.0412 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. - 21 - Per kWh $0.024 $0.025 (e) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility at the following rates: (1) Standby distribution charge. a. Monthly standby distribution charge: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $2.22 $2.55 For all metered kilowatts in excess of the contracted amount Per kW $6.66 $7.65 . . . (s) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0422 $0.0430 Section 9. That the amendments herein are effective and shall go into effect as follows: a. Amended GS50 & GS750 schedule rates shall apply to all electricity used on or after January 1, 2017; b. All other amended schedule rates shall apply to all bills issued on the basis of meter readings on or after January 1, 2017. - 22 - Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- OPTION 2 (Increase in Fixed Monthly Charge Only) ORDINANCE NO. 122, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, the City purchases bulk wholesale electric power from Platte River Power Authority (“PRPA”) pursuant to an Amended Contract for Supply of Electric Power and Energy, dated September 1, 2010; and WHEREAS, PRPA costs are increasing due to reduced wholesale market prices and surplus sales, increased costs for coal, and increased operating costs for aging plants; and WHEREAS, PRPA will increase the City’s wholesale cost of power approximately 3.0% in 2017; and WHEREAS, the increased wholesale power cost will require an average 2.2% rate increase and increased local distribution costs will require an additional average 1.25% rate increase, for a total City electric rates increase in 2017 of 3.45% in order to remain consistent with Article XII, Section 6, of the City Charter; and WHEREAS, the proposed rate increase will vary by customer class based on the cost of service to each class; and WHEREAS, in addition to adjusting the electric rates in the City Code, Utilities staff has identified formatting and maintenance updates to Chapter 26 of the City Code necessary to improve the clarity with which electric rates are stated; and WHEREAS, the Energy Board considered the proposed electric rates, fees, and charges, and language clarifications for 2017 at its October 6, 2016 regular meeting and provided a recommendation of approval to City Council; and -2- WHEREAS, the City Manager and staff have recommended to the City Council the following electric rate adjustments and City Code rate language clarifications for all electricity used by GS50 and GS750 rate class customers on or after January 1, 2017, and for all other customer classes for all billings issued with meter readings on or after January 1, 2017; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the electric rates, fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Sections 26-464 (c)-(f), (p), (r) and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $5.07 $6.94 (2) Distribution facilities charge Per kWh $0.0238 (3) Energy and demand charge a. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. 1. Tier 1 - for the first five hundred (500) kilowatt hours per month 2. Tier 2 - for the next five hundred (500) kilowatt hours per month 3. Tier 3 - for all additional kilowatt hours per month Per kWh $0.0632 $0.0634 Per kWh $0.0804 $0.0807 Per kWh $0.1146 $0.1150 b. Non-summer. During the non-summer season billing months of January through May and September through December. 1. Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh 2. Tier 2 - for the next five hundred (500) kilowatt hours Per kWh $0.0570 $0.0583 Per kWh $0.0611 -3- per month, per kWh 3. Tier 3 - for all additional kilowatt hours per month, per kWh $0.0625 Per kWh $0.0703 $0.0719 (4) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Medical assistance program. . . . (3) The discounted monthly rates for customers with electrical durable medical equipment only shall be the sum of the following charges: a. Fixed Charge Per account $5.07 $6.94 b. Distribution facilities charge Per kWh $0.0238 c. Energy and demand charge 1. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month (b) Tier 2 - for the next five hundred (500) kilowatt hours per month (c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0357 $0.0358 Per kWh $0.0804 $0.0807 Per kWh $0.1146 $0.1150 2. Non-summer. During the non-summer season billing months of January through May and September through December. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0311 $0.0318 Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 d. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent -4- (4) The discounted monthly rates for customers with medical needs requiring air conditioning only shall be the sum of the following charges: a. Fixed Charge Per account $5.07 $6.94 b. Distribution facilities charge Per kWh $0.0238 c. Energy and demand charge 1. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month (b) Tier 2 - for the next five hundred (500) kilowatt hours per month (c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0350 $0.0351 Per kWh $0.0444 $0.0446 Per kWh $0.1146 $0.1150 2. Non-summer. During the non-summer season billing months of January through May and September through December. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0570 $0.0583 Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 d. Payment in lieu of taxes (PILOT) and franchise. A charge of all monthly service charges billed pursuant to this Section 6 percent (5) The discounted monthly rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be the sum of the following charges: a. Fixed Charge Per account $5.07 $6.94 b. Distribution facilities charge Per kWh $0.0238 c. Energy and demand charge 1. Summer. During the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. -5- (a) Tier 1 - for the first five hundred (500) kilowatt hours per month (b) Tier 2 - for the next five hundred (500) kilowatt hours per month (c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0229 Per kWh $0.0291 $0.0292 Per kWh $0.1146 $0.1150 2. Non-summer. During the non-summer season billing months of January through May and September through December. (a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0311 $0.0318 Per kWh $0.0611 $0.0625 Per kWh $0.0703 $0.0719 a. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent . . . (e) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (e). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (f) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (f) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 . . . (p) Net metering. . . . -6- (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Distribution facilities credit Per kWh $0.0238 b. Energy and demand credit Per kWh $0.0632 $0.0634 (6) TOU rates, for customer-generators participating in a qualifying "time-of- use" (TOU) rate study, consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable study rates under Subsection (s) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy and demand credit – summer season billing months 1. On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.1968 $ 2. Off-Peak Per kWh $0.0412 $ b. Energy and demand credit – non-summer season billing months 1. On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1632 $ 2. Off-Peak Per kWh $0.0395 $ . . . (r) Net metering-community solar projects. . . . (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The method used to measure energy produced and issue credits under this Section shall be identical for customers participating in third-party administered and City low-income community solar projects. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: -7- 1. Distribution facilities credit Per kWh $0.0119 2. Energy and demand credit Per kWh $0.0632 $0.0634 (s) Time of Use (TOU) Pilot Study. (1) Objective. The City has identified potential benefits available through time-of-use (TOU) based electric service rates, including encouraging reduced energy consumption and equitably shifting energy costs to customers who use more energy. In order to study these benefits, Fort Collins Utilities shall conduct a temporary pilot project beginning with the billing cycle commencing on or after October 1, 2015, and concluding after twelve (12) full billing cycles. (2) Scope. The project shall include six thousand residential energy service (Schedule R) customers selected at random. Customers selected at random will be notified and given a one-time opportunity to "opt-out" of participation in the project. Customers who do not opt-out will be assigned, as determined by the Executive Director, to one of the two pilot rates described in Subsections (s)(4) (pilot TOU rate) and (s)(5) (pilot TOU with energy efficiency tier rate), or monitored on their existing residential energy service tiered rate, as a control group. (3) Best-bill guarantee. Customers participating in the pilot project for the full twelve (12) billing cycle period will be eligible for the following best-bill guarantee: the total energy costs paid by each customer under either of the pilot rates for the twelve full billing cycles shall be compared with the energy costs such customer would have paid under the base residential energy service tiered rate during the same twelve billing cycles, and each customer shall be reimbursed (by issuance of a billing credit or otherwise, as determined by the Executive Director) for the amount by which the total energy costs paid exceed the amount that would have been due under the base residential energy service tiered rate for such period. Each customer who pays total energy costs under either of the pilot rates during the twelve full billing cycles of the project that are less than the energy costs such customer would have paid under the base residential energy service tiered rate shall retain those savings. (4) Pilot TOU rate. Customers assigned to this rate during the pilot study shall pay monthly rates under this sub-schedule equal to the sum of the following charges: a. Fixed Charge Per account $5.07 $ b. Distribution facilities charge Per kWh $0.0238 $ c. Energy and demand charge 1. Summer. During the summer season billing months of May, June, July and August, and September (a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.1968 $ -8- (b) Off-Peak Per kWh $0.0412 $ 2. Non-summer. During the non-summer season billing months of January through April and October through December. (a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (b) Off-Peak Per kWh $0.1632 $ Per kWh $0.0395 $ d. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (5) Pilot TOU with energy efficiency tier rate. Customers assigned to this rate during the pilot study shall pay monthly rates under this sub-schedule equal to the sum of the following charges: a. Fixed Charge Per account $5.07 $ b. Distribution facilities charge Per kWh $0.0194 $ c. Energy and demand charge 1. Summer. During the summer season billing months of May, June, July, August, and September (a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) (b) Off-Peak Per kWh $0.1968 $ Per kWh $0.0412 $ 2. Non-summer. During the non-summer season billing months of January through April and October through December. (a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (b) Off-Peak Per kWh $0.1632 $ Per kWh $0.0395 $ d. Energy efficiency tier charge, per kilowatt hour for total consumption over 700 kWh in a billing month (regardless of on-peak or off-peak) Per kWh $0.0163 $ e. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent Section 3. That Sections 26-465 (c) through (f), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (c) Monthly rate. The monthly rates shall be the sum of the following charges: -9- (1) Fixed Charge Per account $5.07 $6.94 (2) Demand charge Per kW $2.36 $2.44 (3) Distribution facilities charge Per kWh $0.0211 (4) Energy charge a. Summer season billing months of June, July and August b. Non-summer season billing months of January through May and September through December Per kWh $0.0435 $0.0443 Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly standby distribution charge: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $2.33 $2.11 -10- . . . (q) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Distribution facilities credit Per kWh $0.0238 b. Energy and demand credit Per kWh $0.0632 $0.0634 (r) Net metering-community solar projects. . . . (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The method used to measure energy produced and issue credits under this Section shall be identical for customers participating in third-party administered and City low-income community solar projects. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0119 2. Energy and demand credit Per kWh $0.0632 $0.0634 Section 4. That Sections 26-465 (c)-(e), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-466. General service, schedule GS. . . . For all metered kilowatts in excess of the contracted amount Per kW $6.99 $6.33 -11- (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: 1. Fixed Charge a. Single-phase, two-hundred-ampere service Per account $ 3.26 $3.60 b. Single-phase, above two-hundred-ampere service Per account $ 9.60 $10.61 c. Three-phase, two-hundred-ampere service Per account $ 4.96 $5.48 d. Three-phase, above two-hundred-ampere service Per account $11.74 $12.98 2. Demand charge a. Summer season billing months of June, July, and August Per kWh $0.0289 $0.0268 b. Non-summer season billing months of January through May and September through December Per kWh $0.0156 $0.0164 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 3. Distribution facilities charge Per kWh $0.0227 $0.0244 4. Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0435 $0.0443 b. Non-summer season billing months of January through May and September through December Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 5. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy -12- generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 . . . (q) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0435 $0.0443 (r) Net metering-community solar projects. . . . (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0114 $0.0122 2. Energy and demand credit Per kWh $0.0435 $0.0443 -13- . . . Section 5. That Sections 26-467 (c) through (f) and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: 1. Fixed Charge a. Single-phase, two-hundred-ampere service Per account $ 3.26 $3.60 b. Single-phase, above two-hundred-ampere service Per account $ 9.60 $10.61 c. Three-phase, two-hundred-ampere service Per account $ 4.96 $5.48 d. Three-phase, above two-hundred-ampere service Per account $11.74 $12.98 2. Demand charge a. Summer season billing months of June, July, and August Per kW $7.86 $8.28 b. Non-summer season billing months of January through May and September through December Per kW $4.57 $4.74 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 3. Distribution facilities charge Per kwh $0.0176 $0.0185 4. Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0435 $0.0443 b. Non-summer season billing months of January through May and September through December Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. -14- 5. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly standby distribution charge Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $3.82 $3.83 For all metered kilowatts in excess of the contracted amount Per kW $11.45 $11.50 . . . (r) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection -15- (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0435 $0.0443 Section 6. That Sections 26-468 (c) through (g), and (u) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468. General service 50, schedule GS50. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $9.45 $9.08 An additional charge may be assessed if telephone communication service is not provided by the customer. Per account $40.00 (2) Coincident demand charge a. summer season billing months of June, July and August Per kW $11.68 b. non-summer season billing months of January through May and September through December Per kW $8.15 $8.90 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kW $5.90 $6.25 (4) Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0435 $0.0443 b. Non-summer season billing months of January through May and September through December Per kWh $0.0418 $0.0425 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. -16- (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. Monthly standby distribution charge shall be the sum of the following charges: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $4.72 $4.92 For all metered kilowatts in excess of the contracted amount Per kW $14.16 $14.77 . . . (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: -17- (1) Monthly charge shall be the sum of the following charges: Contracted backup capacity per month Per kW $0.86 $1.01 Metered kilowatts in excess of the contracted amount Per kW $2.58 $3.03 (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. . . . (u) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0435 $0.0443 Section 7. That Sections 26-469 (c) through (g) and (v) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-469. General service 750, schedule GS750. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $15.24 $15.56 a. Additional charge for each additional metering point Per account $9.50 b. An additional charge may be assessed if telephone communication service is not provided by the customer. Per account $40.00 (2) Coincident demand charge -18- a. summer season billing months of June, July and August Per kW $11.51 b. non-summer season billing months of January through May and September through December Per kW $8.04 $8.77 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge a. First seven hundred fifty (750) kilowatts Per kW $5.85 $6.00 b. All additional kilowatts Per kW $3.48 $3.55 (4) Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0428 $0.0436 b. Non-summer season billing months of January through May and September through December Per kWh $0.0412 $0.0419 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at the premium per kilowatt hour set forth in this Subsection (d). The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. Per kWh $0.024 $0.025 (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.00 $2.09 -19- (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. Monthly standby distribution charges shall be paid in the following amounts Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $3.52 $3.41 For all metered kilowatts in excess of the contracted amount Per kW $10.56 $10.24 . . . (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility at the following: (1) Monthly charge. . . . (v) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0428 $0.0436 Contracted backup capacity per month Per kW $0.64 $0.70 Metered kilowatts in excess of the contracted amount Per kW $1.92 $2.10 -20- Section 8. That Sections 26-470 (c) through (e), and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-470. Substation service, schedule SS. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $39.47 $35.38 (2) Coincident demand charge a. summer season billing months of June, July and August Per kW $11.33 b. non-summer season billing months of January through May and September through December Per kW $7.91 $8.64 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kW $2.50 $2.87 (4) Energy charge a. Summer season billing months of June, July, and August Per kWh $0.0422 $0.0430 b. Non-summer season billing months of January through May and September through December Per kWh $0.0405 $0.0412 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. -21- Per kWh $0.024 $0.025 (e) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility at the following rates: (1) Standby distribution charge. a. Monthly standby distribution charge: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $2.22 $2.55 For all metered kilowatts in excess of the contracted amount Per kW $6.66 $7.65 . . . (s) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Summer season energy credit Per kWh $0.0422 $0.0430 Section 9. That the amendments herein are effective and shall go into effect as follows: a. Amended GS50 & GS750 schedule rates shall apply to all electricity used on or after January 1, 2017; b. All other amended schedule rates shall apply to all bills issued on the basis of meter readings on or after January 1, 2017. -22- Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- OPTION 1 (3% increase) ORDINANCE NO. 123, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, Article III, Chapter 26 of the City Code establishes the water utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Code Sections 26-126, 26-127 and 26-129 concern various water- related rates, fees, and charges; and WHEREAS, City Code Section 26-118 requires that the City Manager to analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be in effect for the following year; and WHEREAS, the City Manager and City staff have recommended to the City Council adjustment of the water-related rates, fees, and charges as set forth herein to be effective January 1, 2017; and WHEREAS, the rate increase for water set forth herein is 3% for all customer classes; and WHEREAS, the Water Board considered the proposed water-related rates, fees, and charges adjustments for 2017 at its meeting on October 20, 2016 and recommended approval of the proposed adjustments by a unanimous vote; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the water-related rates, fees, and charges as set forth herein. Packet Pg. 224 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 26-126 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-126. - Schedule A, flat rates for unmetered construction water use. For residential and nonresidential premises under construction with a planned meter size greater than one (1) inch, no flat unmetered water service will be provided. For residential and nonresidential premises under construction with a planned meter size of one (1) inch or less, the following flat rates will apply per month until the permanent meter is set: ¾-inch construction service, flat charge per month $26.91 $27.72 1-inch construction service, flat charge per month 51.31 $52.85 Section 3. That Section 26-127 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-127. - Schedule B, meter rates. (a) Residential rates. (1) Residential customers with one (1) dwelling unit shall pay the sum of the following changes: a. Base monthly charge for residential customers with one (1) dwelling unit $15.41 $15.87 b. Quantity monthly charge for residential customers with one (1) dwelling unit Tier 1 - For the first seven thousand (7,000) gallons used per month, per one thousand (1,000) gallons $2.386 $2.458 Tier 2 - For the next six thousand (6,000) gallons used per month, per one thousand (1,000) gallons $2.742 $2.824 Tier 3 - For all additional gallons used per month, per one thousand (1,000) gallons $3.154 $3.249 (2) Residential customers with two (2) dwelling units shall pay the sum of the following charges: a. Base monthly charge for residential customers with two (2) dwelling units $16.31 $16.80 Packet Pg. 225 -3- b. Quantity monthly charge for residential customers with two (2) dwelling units Tier 1 - For the first nine thousand (9,000) gallons used per month, per one thousand (1,000) gallons $2.071 $2.133 Tier 2 - For the next four thousand (4,000) gallons used per month, per one thousand (1,000) gallons $2.380 $2.451 Tier 3 - For all additional gallons used per month, per one thousand (1,000) gallons $2.739 $2.821 (3) Residential customers with more than two (2) dwelling units shall pay the sum of the following charges: a. Base monthly charge for residential customers with more than two (2) dwelling units First dwelling unit $11.72 $12.07 Second and each additional dwelling unit $3.90 $4.02 b. Quantity monthly charge for residential customers with more than two (2) dwelling units Winter - per one thousand (1,000) gallons used in the winter season months of November through April $1.703 $1.754 Summer - per one thousand (1,000) gallons used in the summer season months of May through October $2.129 $2.193 The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (b) Nonresidential rates. (1) Base charge. Nonresidential, except for special users as described in Subsection 26-127(c) below, customers shall pay a base monthly charge based on meter size as follows: Meter Size (inches) Monthly Base Charge ¾ $13.63 $14.04 1 38.03 $39.17 1½ 103.41 $106.51 2 155.85 $160.53 3 237.70 $244.83 4 373.17 $384.37 6 723.91 $745.63 8 1,278.85 $1317.22 Packet Pg. 226 -4- (2) Quantity charges. Nonresidential customers shall pay monthly charges as follows: Winter - per one thousand (1,000) gallons used in the winter season months of November through April $1.897 $1.954 Summer - per one thousand (1,000) gallons used in the summer season months of May through October $2.370 $2.441 The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (3) Charges for excess use. Nonresidential customers shall also pay monthly water use charges in excess of the amounts specified in the following table: Winter - per one thousand (1,000) gallons used in the winter season months of November through April $2.725 $2.807 Summer - per one thousand (1,000) gallons used in the summer season months of May through October $3.408 $3.510 The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. Meter Size (inches) Specified Amount (gallons per month) ¾ 100,000 1 300,000 1½ 625,000 2 1,200,000 3 1,400,000 4 2,500,000 (c) High volume industrial rates. High volume industrial rates apply to any customer with an average daily demand in excess of two million (2,000,000) gallons per day. The specific rate for any qualifying customer shall be based upon the applicable peaking factor for that customer as follows: Peaking Factor Monthly Charge per Thousand Gallons 1.00—1.09 $1.490 $1.53 1.10—1.19 1.540 $1.59 Packet Pg. 227 -5- 1.20—1.29 1.590 $1.64 1.30—1.39 1.640 $1.69 1.40—1.49 1.690 $1.74 1.50—1.59 1.740 $1.79 1.60—1.69 1.790 $1.84 1.70—1.79 1.840 $1.90 1.80—1.89 1.890 $1.95 1.90—1.99 1.950 $2.01 > 2.00 2.000 $2.06 . . . Section 4. That the modifications set forth above shall be effective for meter readings on or after January 1, 2017, and in the case of fees not based on meter readings, shall be effective for all fees paid on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 228 -1- OPTION 2 (5% increase) ORDINANCE NO. 123, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, Article III, Chapter 26 of the City Code establishes the water utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Code Sections 26-126, 26-127 and 26-129 concern various water- related rates, fees, and charges; and WHEREAS, City Code Section 26-118 requires that the City Manager analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be in effect for the following year; and WHEREAS, the City Manager and City staff have recommended to the City Council adjustment of the water-related rates, fees, and charges as set forth herein to be effective January 1, 2017; and WHEREAS, the rate increase for water set forth herein is 5% for all customer classes; and WHEREAS, the Water Board considered the proposed water-related rates, fees, and charges adjustments for 2017 at its meeting on October 20, 2016 and recommended approval of the proposed adjustments by a unanimous vote; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the water-related rates, fees, and charges as set forth herein. Packet Pg. 229 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 26-126 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-126. - Schedule A, flat rates for unmetered construction water use. For residential and nonresidential premises under construction with a planned meter size greater than one (1) inch, no flat unmetered water service will be provided. For residential and nonresidential premises under construction with a planned meter size of one (1) inch or less, the following flat rates will apply per month until the permanent meter is set: ¾-inch construction service, flat charge per month $26.91 $28.26 1-inch construction service, flat charge per month 51.31 $53.88 Section 3. That Section 26-127 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-127. - Schedule B, meter rates. (a) Residential rates. (1) Residential customers with one (1) dwelling unit shall pay the sum of the following changes: a. Base monthly charge for residential customers with one (1) dwelling unit $15.41 $16.18 b. Quantity monthly charge for residential customers with one (1) dwelling unit Tier 1 - For the first seven thousand (7,000) gallons used per month, per one thousand (1,000) gallons $2.386 $2.505 Tier 2 - For the next six thousand (6,000) gallons used per month, per one thousand (1,000) gallons $2.742 $2.879 Tier 3 - For all additional gallons used per month, per one thousand (1,000) gallons $3.154 $3.312 (2) Residential customers with two (2) dwelling units shall pay the sum of the following charges: a. Base monthly charge for residential customers with two (2) dwelling units $16.31 $17.13 Packet Pg. 230 -3- b. Quantity monthly charge for residential customers with two (2) dwelling units Tier 1 - For the first nine thousand (9,000) gallons used per month, per one thousand (1,000) gallons $2.071 $2.175 Tier 2 - For the next four thousand (4,000) gallons used per month, per one thousand (1,000) gallons $2.380 $2.499 Tier 3 - For all additional gallons used per month, per one thousand (1,000) gallons $2.739 $2.876 (3) Residential customers with more than two (2) dwelling units shall pay the sum of the following charges: a. Base monthly charge for residential customers with more than two (2) dwelling units First dwelling unit $11.72 $12.31 Second and each additional dwelling unit $3.90 $4.10 b. Quantity monthly charge for residential customers with more than two (2) dwelling units Winter - per one thousand (1,000) gallons used in the winter season months of November through April $1.703 $1.788 Summer - per one thousand (1,000) gallons used in the summer season months of May through October $2.129 $2.235 The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (b) Nonresidential rates. (1) Base charge. Nonresidential, except for special users as described in Subsection 26-127(c) below, customers shall pay a base monthly charge based on meter size as follows: Meter Size (inches) Monthly Base Charge ¾ $13.63 $14.31 1 38.03 $39.93 1½ 103.41 $108.58 2 155.85 $163.64 3 237.70 $249.59 4 373.17 $391.83 6 723.91 $760.11 8 1,278.85 $1342.79 Packet Pg. 231 -4- (2) Quantity charges. Nonresidential customers shall pay monthly charges as follows: Winter - per one thousand (1,000) gallons used in the winter season months of November through April $1.897 $1.992 Summer - per one thousand (1,000) gallons used in the summer season months of May through October $2.370 $2.489 The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (3) Charges for excess use. Nonresidential customers shall also pay monthly water use charges in excess of the amounts specified in the following table: Winter - per one thousand (1,000) gallons used in the winter season months of November through April $2.725 $2.861 Summer - per one thousand (1,000) gallons used in the summer season months of May through October $3.408 $3.578 The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. Meter Size (inches) Specified Amount (gallons per month) ¾ 100,000 1 300,000 1½ 625,000 2 1,200,000 3 1,400,000 4 2,500,000 (c) High volume industrial rates. High volume industrial rates apply to any customer with an average daily demand in excess of two million (2,000,000) gallons per day. The specific rate for any qualifying customer shall be based upon the applicable peaking factor for that customer as follows: Peaking Factor Monthly Charge per Thousand Gallons 1.00—1.09 $1.490 $1.56 1.10—1.19 1.540 $1.62 Packet Pg. 232 -5- 1.20—1.29 1.590 $1.67 1.30—1.39 1.640 $1.72 1.40—1.49 1.690 $1.77 1.50—1.59 1.740 $1.83 1.60—1.69 1.790 $1.88 1.70—1.79 1.840 $1.93 1.80—1.89 1.890 $1.98 1.90—1.99 1.950 $2.05 > 2.00 2.000 $2.10 . . . Section 4. That the modifications set forth above shall be effective for meter readings on or after January 1, 2017, and in the case of fees not based on meter readings, shall be effective for all fees paid on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 233 -1- ORDINANCE NO. 124, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, Article IV, Chapter 26 of the City Code establishes the wastewater utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Code Sections 26-280 and 26-282 concern various wastewater-related rates, fees, and charges; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be in effect for the following year; and WHEREAS, the City Manager and City staff have also recommended to the City Council adjustment of the wastewater-related rates, fees, and charges as set forth herein to be effective January 1, 2017; and WHEREAS, the rate increase for wastewater set forth herein is 3% for all customer classes; and WHEREAS, the Water Board considered the proposed wastewater-related rates, fees, and charges adjustments for 2017 at its meeting on October 20, 2016 and recommended approval of the proposed adjustments by a unanimous vote; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the water-related rates, fees, and charges as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 234 -2- Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user (flat rate) Per month $38.31 $39.46 Single-family residential user (metered water use) 1. Per month $17.12 $17.63 2. Plus, per 1,000 gallons per month $3.326 $3.426 Note: 1. For single family customers who have not yet established a winter quarter water use at the service address, a system average of 4,800 gallons per month shall be billed. 2. After establishment of a winter quarter water use at the service address, the monthly amount billed shall be based on a minimum of 3,000 gallons per month. B Duplex (two-family) residential users (flat rate) Per month $52.48 $54.05 Duplex (two-family) residential users (metered water use) Per month $19.44 $20.02 Or, per 1,000 gallons per month, whichever is greater, to be calculated on a monthly basis $2.918 $3.006 Note: 1. For duplex customers who have not yet established a winter quarter water use at the service address, a system average 7,200 gallons shall be billed. 2. After establishment of a winter quarter use at the service address, the monthly amount billed shall be based on a minimum of 4,000 gallons per month. C Multi-family residential user (more than two dwelling units including mobile home parks) 1. Base charge per month per dwelling unit served $2.53 $2.61 2. Plus, per 1,000 gallons per month $3.222 $3.319 Packet Pg. 235 -3- and winter quarter based nonresidential user Note: 1. For multi-family customers who have not yet established a winter quarter water use at the service address, a system average of 3,400 gallons per living unit shall be billed. However, Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. 2. After establishment of a water quarter use at the service address, the monthly amount billed shall be per 1,000 gallons of winter quarter water use, calculated on a monthly basis. D Minor nonresidential user 1. Per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, to be calculated on a monthly basis, plus the following applicable base charge: $3.039 $3.130 2. Size of water meter (inches) Base charge ¾ or smaller $8.77 $9.03 1 $20.24 $20.85 1½ $40.74 $41.96 2 $69.71 $71.80 3 $111.38 $114.72 4 $175.90 $181.18 6 $771.12 $794.25 8 $890.36 $917.07 E and F Intermediate nonresidential user and Significant industrial user User shall pay an amount calculated to include: 1. Rate per 1,000 gallons of water use, measured wastewater flow or winter quarter water use per month, whichever is applicable; $3.039 $3.130 2. PLUS a surcharge per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; $3.535 $3.641 3. PLUS a surcharge for the following: a. per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter; or $2.945 $3.033 b. per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter; or $1.859 $1.915 Packet Pg. 236 -4- c. per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, $5.503 $5.668 whichever is applicable. The user shall pay the calculated amount based on 1, 2 and 3 above, plus the applicable base charge set forth below: Size of water meter (inches) Base charge ¾ or smaller $8.77 $9.03 1 $20.24 $20.85 1½ $40.74 $41.96 2 $69.71 $71.80 3 $111.38 $114.72 4 $175.90 $181.18 6 $771.12 $794.25 8 $890.36 $917.07 G User outside City limits The rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section. H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 3. That Section 26-282(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-282. - Wastewater strength or industrial surcharges and categories established. (a) A monthly wastewater strength surcharge shall be paid by customers located either inside or outside the City limits in accordance with the following schedule: Parameter Excess over (mg/l) Rate per thousand gallons BOD 265 $0.002945 $0.003033 COD 400 $0.001859 $0.001915 TOC 130 $0.005503 $0.005668 TSS 235 $0.003535 $0.003641 . . . Packet Pg. 237 -5- Section 4. That the modifications set forth above shall be effective for meter readings on or after January 1, 2017, and in the case of fees not based on meter readings, shall be effective for all fees paid on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 238 -1- OPTION 1 (5% increase) ORDINANCE NO. 125, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE STORMWATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the City Charter, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, Article VII, Chapter 26 of the City Code establishes the stormwater utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Council has adopted stormwater basin and City-wide master plans recommending stormwater facilities necessary to provide for proper drainage and control of flood and surface waters within the City; and WHEREAS, in 1998, City Council adopted Ordinance No. 168, 1998, determining that all lands within the City benefit by the installation of such stormwater facilities; and WHEREAS, City Code Section 26-513 imposes stormwater utility fees on all parcels of land within the City to pay for the operation, maintenance, administration and routine functions of the existing and future City stormwater facilities established within the City; and WHEREAS, City Code Section 26-514 sets forth the manner in which stormwater utility fees are to be determined; and WHEREAS, the proposed stormwater utility fee adjustment for 2017 reflects an increase of approximately 5%; and WHEREAS, the Water Board considered the proposed stormwater utility fee adjustments for 2017 at its meeting on October 20, 2016, and recommended approval of the proposed adjustments; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the stormwater utility fee as set forth herein. Packet Pg. 239 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-514(a)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-514. - Determination of stormwater utility fee. (a) The stormwater utility fee shall be determined as set forth in this Section, and shall be based upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel. For the purposes of this Section, the total lot or parcel area shall include both the actual square footage of the lot or parcel and the square footage of open space and common areas allocated to such lot as provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover the costs of both operations and maintenance and a portion of capital improvements. The Utilities Executive Director shall determine the rates that shall apply to each specific lot or parcel of land within the guidelines herein set forth and shall establish the utility fee in accordance with the rate together with the other factors set forth as follows: . . . (3) The base rate for the stormwater utility fee shall be $0.00414540.0043526 per square foot per month for all areas of the City. . . . Section 3. That the modifications set forth above shall be effective for all fees accruing on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 240 -3- Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 241 -1- OPTION 2 (3% increase) ORDINANCE NO. 125, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE STORMWATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the City Charter, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, Article VII, Chapter 26 of the City Code establishes the stormwater utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Council has adopted stormwater basin and City-wide master plans recommending stormwater facilities necessary to provide for proper drainage and control of flood and surface waters within the City; and WHEREAS, in 1998, City Council adopted Ordinance No. 168, 1998, determining that all lands within the City benefit by the installation of such stormwater facilities; and WHEREAS, City Code Section 26-513 imposes stormwater utility fees on all parcels of land within the City to pay for the operation, maintenance, administration and routine functions of the existing and future City stormwater facilities established within the City; and WHEREAS, City Code Section 26-514 sets forth the manner in which stormwater utility fees are to be determined; and WHEREAS, the proposed stormwater utility fee adjustment for 2017 reflects an increase of approximately 3%; and WHEREAS, the Water Board considered the proposed stormwater utility fee adjustments for 2017 at its meeting on October 20, 2016, and recommended approval of the proposed adjustments; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the stormwater utility fee as set forth herein. Packet Pg. 242 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-514(a)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-514. - Determination of stormwater utility fee. (a) The stormwater utility fee shall be determined as set forth in this Section, and shall be based upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel. For the purposes of this Section, the total lot or parcel area shall include both the actual square footage of the lot or parcel and the square footage of open space and common areas allocated to such lot as provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover the costs of both operations and maintenance and a portion of capital improvements. The Utilities Executive Director shall determine the rates that shall apply to each specific lot or parcel of land within the guidelines herein set forth and shall establish the utility fee in accordance with the rate together with the other factors set forth as follows: . . . (3) The base rate for the stormwater utility fee shall be $0.00414540.0042697 per square foot per month for all areas of the City. . . . Section 3. That the modifications set forth above shall be effective for all fees accruing on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 243 -3- Passed and adopted on final reading on the 15th day of November, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 244 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 1, 2016 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 126, 2016, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2017; Adopting the Budget for the Fiscal Years Beginning January 1, 2017, and Ending December 31, 2018; and Fixing the Mill Levy for the Fiscal Year 2017. EXECUTIVE SUMMARY The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance sets the City Budget for the two-year period (2017-18) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $612,825,136 to be appropriated for fiscal year 2017. However, this appropriated amount does not include what is being appropriated by separate Council actions to adopt the 2017 budget for the General Improvement District (GID) No. 1 of $68,107, the 2017 budget for General Improvement District (GID) No. 15 (Skyview) of $1,000, and the Urban Renewal Authority (URA) 2017 budget of $8,328,759. This results in the City having a total operating appropriation of $621,223,002 in 2017. This Ordinance also sets the 2017 City mill levy at 9.797 mills, unchanged since 1991. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION For the seventh time the City has used a budgeting process called Budgeting for Outcomes (BFO). This process is a recommended best practice by the Government Finance Officers Association (GFOA). It is a systematic process driven by goals and performance, to provide information that relates budgeting to planning and results. Its purpose is to better align the services delivered by the City with the things that are most important to the community. The 2017-18 City Manager’s Recommended Budget was delivered to Council on September 1. The Recommended Budget strengthens key services related to transportation, police, fire, parks and recreation and other community priorities such as the environment, economic development and social sustainability, delivering on the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010. The budget reflects community needs and council priorities as identified in the 2016 Strategic Plan. City Council reviewed the Recommended Budget during three Council Work Sessions. In addition, citizens have been able to provide input to Councilmembers through two public hearings. From these discussions and additional information provided by staff, City Council has provided direction and guidance for changes to be incorporated into First Reading of the 2017-18 Biennial Budget. The following table summarizes the Offers not originally included in the Recommended Budget. 12 Packet Pg. 245 Agenda Item 12 Item # 12 Page 2 The Utility rate increases in the original City Manager’s Recommended Budget are included, as proposed, in First Reading of the 2017-18 Budget as follows: Utility 2017 2018 Electric 3.45% 1.8% Water 5.00% 5.0% Wastewater 3.00% 3.0% Stormwater 5.00% - Staff is prepared to discuss reduced increases of 3% for both Water and Stormwater rates. This annual Appropriation Ordinance sets the amount of $612,825,136 to be appropriated for fiscal year 2017. It does not include the 2017 adopted budgets for the General Improvement District (GID) No. 1 of $68,107, the General Improvement District (GID) No. 15 (Skyview) of $1,000, and the Urban Renewal Authority (URA) of $8,328,759. This results in the City’s total operating appropriations being $621,223.002 in 2017. Below is a summary of the City’s proposed 2017-18 total operating budget: TOTAL BUDGET (in millions) 2017 2018 Operating $541.4 $547.9 Debt $24.5 $21.8 Capital $55.3 $45.9 Total City Appropriations* $621.2 $615.6 Less General Improvement District (GID) #1 (0.1) (0.4) Less General Improvement District (GID) #15 (Skyview)** (0.0) (0.0) Less Urban Renewal Authority (URA) (8.3) (6.1) Net City Budget $612.8 $609.1 * This includes GID #1, GID #15 and URA which are appropriated in separate ordinances. ** The appropriation for GID #15 (Skyview) is $1,000 which rounds to $0 in millions. Recommended 12 Packet Pg. 246 Agenda Item 12 Item # 12 Page 3 CITY FINANCIAL IMPACTS This Ordinance sets the annual appropriation for fiscal year 2017 in the amount of $612,825,136. The Ordinance also sets the City mill levy at 9.797 mills, unchanged since 1991. BOARD / COMMISSION RECOMMENDATION Various City boards and commissions submitted memos to City Council for its consideration of what they believed should be included in the 2017-18 Budget PUBLIC OUTREACH In preparation for First Reading of the 2017-18 Budget, there were two public hearings. Additionally, during the budget development, there were two citizens on each of the seven BFO Teams; as well as significant public outreach conducted to gather citizen feedback from a broad demographic of the community. That latter effort included eight events, reaching 205 people across the community. Additional input was obtained from online tools and 25,000 social media impressions. ATTACHMENTS 1. Powerpoint presentation (PDF) 12 Packet Pg. 247 1 1st Reading of the 2017-18 Budget November 1, 2016 Attachment #1 ATTACHMENT 1 12.1 Packet Pg. 248 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2016 Strategic Plan The 2017-18 Budget Reflects Community Needs and Council Priorities as Identified in the 2016 Strategic Plan 2 12.1 Packet Pg. 249 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) Focus on Council and Community Priorities 2017-18 Budget Themes 3 12.1 Packet Pg. 250 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) Investing in Neighborhood Livability 2017-18 Budget Themes 4 12.1 Packet Pg. 251 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Budget Themes 5 Supporting Public Safety and Increased Police Staffing 12.1 Packet Pg. 252 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Budget Themes 6 Maintaining Commitments to Voters with KFCG and Community Capital Improvement Program (Renewal of Building on Basics) 12.1 Packet Pg. 253 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Budget Themes 7 Being Good Stewards of City Assets 12.1 Packet Pg. 254 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Budget Themes 8 Working toward resiliency with investments in select initiatives to make progress on energy efficiency, as well as other environmental goals 12.1 Packet Pg. 255 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Budget Themes 9 Updating Significant Community Plans - City Plan, Transportation Master Plan, Transit Master Plan & Cultural Plan 12.1 Packet Pg. 256 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Budget Themes 10 Implementing System Improvements and Continuing to Foster Transparency 12.1 Packet Pg. 257 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2016 BFO Outreach 11 Objective Ask citizens which Offers are the most important to them Target Audiences A wide audience ranging in age, race, gender, ethnicity, income and background including: • General Public • Stakeholder Groups • Businesses • Spanish Speakers • Low Income • Homeless 12.1 Packet Pg. 258 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) BFO Outreach Methods • Mobile Outreach Booths • Feedback Forms & Info Cards • Online Interactive Budget Tool • Banner Spotlight on fcgov.com • Press Release • Social Media 12 12.1 Packet Pg. 259 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) BFO Outreach Results • 8 events • 250 people reached in person • 115 feedback forms • 4,230 budget page views • 25,000 social media impressions • Multiple news articles/columns 13 12.1 Packet Pg. 260 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017 Residential Typical Bill with rate increases included in Recommended Budget Current Estimated $ % 2016 2017 Increase Increase Electric 700 kWh/mo $68.21 $71.07 $2.86 4.2% Stormwater 8,600 sq.ft. lot, light runoff $14.26 $14.97 $0.71 5.0% Wastewater 4,800 gal/mo $35.07 $36.12 $1.05 3.0% WQA Water 5 kGAL non-summer, 15 kGAL $43.57 $45.75 $2.18 5.0% summer Total Estimated Average Monthly Utility Bill $161.10 $167.91 $6.81 4.2% 14 12.1 Packet Pg. 261 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017 Estimated Rate Increases Electric Water WW Storm Total 2017 2017 2017 2017 2017 Loveland 6.5% 9.0% 11.0% 9.6% 8.2% Longmont 4.0% 21.0% 3.0% 0.0% 7.2% Boulder 0.0% 8.0% 5.0% 8.0% 3.4% Greeley 0.0% 3.0% 0.0% 8.0% 1.3% Ft Collins 3.45% 5.0% 3.0% 5.0% 3.9% Colorado Springs 3.30% 6.0% 0.0% 0.0% 3.8% Neighboring Rate Increases 15 12.1 Packet Pg. 262 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) Budget Overview 2017 Growth Largely From One-Time Capital Projects and inflationary expenses 16 Adopted Budget Proposed Budget 2015 2016 2017 2018 Operating $490.9 $497.0 $541.4 $547.9 Debt 21.4 21.6 24.5 21.8 Capital 44.2 48.0 55.3 45.9 Total City Appropriations $556.5 $566.6 $621.2 $615.6 % change from Prev Yr 10.4% 1.8% 9.6% -0.9% Net City Budget $436.9 $451.6 $493.0 $490.6 % change from Prev Yr 8.9% 3.4% 9.2% -0.5% General Fund $128.9 $133.4 $152.0 $148.9 % change from Prev Yr 8.9% 3.5% 14.0% -2.0% Keep Fort Collins Great $26.6 $28.2 $31.5 $31.8 % change from Prev Yr 8.9% 5.8% 11.8% 0.9% 12.1 Packet Pg. 263 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) Outcome Guidance Provided 2017 2018 2017 2018 Economic Health Add $317k to Offer 78.5 - ENHANCEMENT: City Plan, Transportation Master Plan and Transit Operating Plan to fully fund at $1.4M 17 300 Neighborhood Liv. & Social Health Fund Offer 27.4 - Human Services Program Funding at $100k per year 100 100 Neighborhood Liv. & Social Health Create and fund a new Offer for Childcare Services at $50k per year (Offer 27.19) 50 50 Neighborhood Liv. & Social Health Create and fund a new Offer for a Solid Waste Inspector (Offer 75.11) 82 82 13 - Transportation Create and fund a new Offer for Transit 365 Day Service - 1/2 funded by 3rd party (Offer 67.13) 750 750 High Performing Govt. Fund Offer 13.3 - Board and Commission Software - 9 Culture & Recreation Create and fund a new Offer for 3 critical Parks/Forestry equipment replacements (Offer 15.13) 47 94 - - Total $129 $185 $ 930 $1,200 Ongoing One-Time New Offers and Modifications Included in 1st Reading based on Council Guidance 17 $ in thousands 12.1 Packet Pg. 264 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017-18 Biennial Budget Balanced and Fiscally Prudent Budget that Addresses Multiple Community and Council Priorities • Maintains and strengthens critical services related to transportation, transit, police, fire, parks & recreation • Enhances community priorities such as investment in neighborhoods, the environment and social sustainability • Maintains key city infrastructure and invests in prudent capital replacement • Continues the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010 18 12.1 Packet Pg. 265 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) Back-Up 19 12.1 Packet Pg. 266 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 20 Impact of Limiting Water Rate Increases to 3% Lowers annual revenue increase by $500K Near term (2017-18) offers not funded or reduced 2017 2018 Offer 6.19 - Conservation Coordinator (unfunded) $70K Offer 6.23 - Utility Inspector (unfunded) 85K Offer 6.28 - Water Vulnerability Assessment (unfunded) 250K Offer 6.26 - Underground Electric Supply (reduced) 95K Offer 6.29 - Cathodic Protection (reduced) 1.0M Longer term (2017-26) would reduce revenues by at least $10M and delay capital improvements Impact of limiting rate increases to 3.0% in the Water Fund 12.1 Packet Pg. 267 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 21 Impact of Limiting Stormwater Rate Increases to 3% Lowers annual revenue increase by $300K Near term (2017-18) offers not funded 2017 2018 Offer 8.6 - Stream Rehabilitation Program (unfunded in 2017; reduced in2018) $350K $300K Longer term (2017-31) would reduce revenues by $4.5M Alternative - Debt Issuance in 2017 Utilize proceeds to support capital improvements Giving priority to stream restoration Impact of limiting rate increase to 3.0% in the Stormwater Fund 12.1 Packet Pg. 268 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) Utilities Budget Adjustments UTILITY 2017 Budget $M Budget Change 2016-2017 Comments ELECTRIC $141.2 -1.9% Reduced O&M 10%; Increased capital based on CIP WATER $34.8 -25.2% Reduced O&M 1.9%; Reduced capital from $20M to $9M WASTEWATER $25.5 -10.8% Reduced O&M 1.5%; Reduced capital from $10M to $7M STORMWATER $18.7 12.2% O&M increased 4.4%; Increased capital from $5M to $7M CS&A $17.2 -5.2% Reduced Customer Connections 3.1% and Administration 14.7% Total Utilities $237.4 -6.4% Every manager’s budget was reviewed at the line item level and adjusted based on 2015 actual spend 22 12.1 Packet Pg. 269 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017 Rate Summary UTILITY 2017 PROPOSED INCREASE NOTES PLANT INVESTMENT FEES ELECTRIC 3.45% Varies by rate class Electric Capacity Fee January 2017 WATER 5% Same for rate classes 2018 WASTEWATER 3% Same for rate classes 2018 STORMWATER 5% Same for rate classes 2018 23 12.1 Packet Pg. 270 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017 Residential Typical Bill with Stormwater rate increase reduced to 3% Current Estimated $ % 2016 2017 Increase Increase Electric 700 kWh/mo $68.21 $71.07 $2.86 4.2% Stormwater 8,600 sq.ft. lot, light runoff $14.26 $14.69 $0.43 3.0% Wastewater 4,800 gal/mo $35.07 $36.12 $1.05 3.0% WQA Water 5 kGAL non-summer, 15 kGAL $43.57 $45.75 $2.18 5.0% summer Total Estimated Average Monthly Utility Bill $161.10 $167.63 $6.52 4.0% 24 12.1 Packet Pg. 271 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2017 Residential Typical Bill with Stormwater & Water rate increases reduced to 3% Current Estimated $ % 2016 2017 Increase Increase Electric 700 kWh/mo $68.21 $71.07 $2.86 4.2% Stormwater 8,600 sq.ft. lot, light runoff $14.26 $14.69 $0.43 3.0% Wastewater 4,800 gal/mo $35.07 $36.12 $1.05 3.0% WQA Water 5 kGAL non-summer, 15 kGAL $43.57 $44.88 $1.31 3.0% summer Total Estimated Average Monthly Utility Bill $161.10 $166.76 $5.65 3.5% 25 12.1 Packet Pg. 272 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) 2018 Residential Typical Bill Estimated $ % 2018 Increase Increase Electric 700 kWh/mo $72.35 $1.28 1.8% Stormwater 8,600 sq.ft. lot, light runoff $14.97 $0.00 0.0% Wastewater 4,800 gal/mo $37.20 $1.08 3.0% WQA Water 5 kGAL non-summer, 15 kGAL summer $48.04 $2.29 5.0% Total Estimated Average Monthly Utility Bill $172.56 $4.65 2.8% 26 12.1 Packet Pg. 273 Attachment: Powerpoint presentation (4944 : Biennial Budget 2017-18) -1- ORDINANCE NO. 126, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2017; ADOPTING THE BUDGET FOR THE FISCAL YEARS BEGINNING JANUARY 1, 2017, AND ENDING DECEMBER 31, 2018; AND FIXING THE MILL LEVY FOR FISCAL YEAR 2017 WHEREAS, the City Manager has, prior to the first Monday in September 2016, submitted to the City Council a proposed budget for the next ensuing budget term, along with an explanatory message and complete financial plan for each fund of the City, pursuant to the provisions of Article V, Section 2 of the City Charter; and WHEREAS, within ten days after the filing of said budget estimate, the City Council set September 20th and October 4th, 2016, as the dates for the public hearings thereon and caused notice of such public hearings to be given by publication pursuant to Article V, Section 3 of the City Charter; and WHEREAS, the public hearings were held on those dates and persons were given the opportunity to appear and comment on any or all items and estimates in the proposed budget; and WHEREAS, Article V, Section 4 of the City Charter requires that, before the last day of November of each fiscal year, the City Council adopt the budget for the ensuing term by ordinance and appropriate such sums of money as the Council deems necessary to defray all expenditures of the City during the ensuing fiscal year; and WHEREAS, Article V, Section 5 of the City Charter provides that the annual appropriation ordinance shall also fix the tax levy upon each dollar of the assessed valuation of all taxable property within the City, such levy representing the amount of taxes for City purposes necessary to provide for payment during the ensuing fiscal year for all properly authorized expenditures to be incurred by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. Budget a. That the City Council has reviewed the City Manager's 2017-2018 Recommended Budget, a copy of which is on file with the office of the City Clerk, and has approved certain amendments thereto. Packet Pg. 274 -2- b. That the City Manager’s 2017-2018 Recommended Budget, as amended by the Council as described on Exhibit “A” attached hereto and incorporated herein by reference, is hereby adopted in accordance with the provisions of Article V, Section 4 of the City Charter and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised by City Council as deemed necessary by the City Manager to reflect actual revenues and expenditures for the fiscal year 2018. c. That the adopted budget, as amended, shall be maintained in the office of the City Clerk and identified as "The Budget for the City of Fort Collins for the Fiscal Years Ending December 31, 2017, and December 31, 2018, as Adopted by the City Council on November 15, 2016." Section 3. Appropriations. That there is hereby appropriated out of the revenues of the City of Fort Collins, for the fiscal year beginning January 1, 2017, and ending December 31, 2017, the sum of SIX HUNDRED TWELVE MILLION EIGHT HUNDRED TWENTY FIVE THOUSAND ONE HUNDRED THIRTY SIX DOLLARS ($612,825,136) to be raised by taxation and otherwise, which sum is deemed by the City Council to be necessary to defray all expenditures of the City during said budget year, to be divided and appropriated for the following purposes, to wit: GENERAL FUND $151,998,590 ENTERPRISE FUNDS Golf $3,525,905 Light & Power Operating Total $131,433,792 Capital Projects: Art in Public Places 66,774 Distribution System Imp. & Replace 1,767,000 New Capacity - Circuits 3,952,992 New Capacity - Duct Banks 662,500 Operational Technology 2,490,000 Substation Capital Project 445,000 System Purchases 140,000 Capital Projects Total 9,524,266 Total Light & Power $140,958,058 Storm Drainage Operating Total $11,687,766 Capital Projects: Art in Public Places 50,500 CMMS-Maintenance Management 275,000 Stormwater Basin Improvements 6,700,000 Capital Projects Total 7,025,500 Total Storm Drainage $18,713,266 Wastewater Operating Total $18,402,456 Capital Projects: Packet Pg. 275 -3- Art in Public Places 73,010 2015-Bio Gas to CoGen 440,000 CMMS-Maintenance Management 275,000 Collection System Replacement 1,806,000 DWRF Improvements 1,220,000 Pollution Control Cap Replacement 150,000 Water Reclamation Replacement Program 3,135,000 Capital Projects Total 7,099,010 Total Wastewater $25,501,466 Water Operating Total $26,354,127 Capital Projects: Art in Public Places 24,000 CMMS-Maintenance Management 275,000 Distribution System Replacement 3,350,000 Treatment Facility Improvements 650,000 Water Production Replacement Program 1,800,000 Water Quality Capital Replacement Program 1,460,000 Watershed Protection 80,000 Water Meter Replacement & Rehabilitation 800,000 Capital Projects Total 8,439,000 Total Water $34,793,127 TOTAL ENTERPRISE FUNDS $223,491,822 INTERNAL SERVICE FUNDS Benefits $30,002,793 Data & Communications 11,175,948 Equipment 13,978,959 Self Insurance 4,815,491 Utility Customer Service & Administration 17,117,167 TOTAL INTERNAL SERVICE FUNDS $77,090,358 SPECIAL REVENUE & DEBT SERVICE FUNDS Capital Improvement Expansion $2,251,754 Capital Leasing Corporation 4,629,978 Cemeteries 650,254 Cultural Services & Facilities Operating Total $3,793,459 Cultural Plan Update $75,000 Capital Projects - Art in Public Places 151,115 Total Cultural Services & Facilities $4,019,574 General Employees' Retirement $5,227,750 Keeping Fort Collins Great Operating Total $28,875,781 Capital Projects: City Bridge Program 2,234,558 FC Bike Programs 50,000 West Nile Virus 341,510 Capital Projects Total 2,626,068 Packet Pg. 276 -4- Total Keeping Fort Collins Great $31,501,849 Museum $1,379,254 Natural Areas 12,720,679 Parking 2,659,014 Perpetual Care 23,828 Recreation 7,137,896 Sales & Use Tax 8,775,678 Street Oversizing 5,445,891 Timberline/Prospect SID 116,000 Transit Services 17,607,810 Transportation Services 24,340,127 SPECIAL REVENUE & DEBT $127,487,336 SERVICE FUNDS CAPITAL PROJECTS FUND Operating - Administrative Charge $162,000 General City Capital Projects: Arterial Intersection Improvement $350,000 Bicycle Infrastructure Improvement 350,000 Bus Stop Improvements 100,000 City Bridge Program 65,702 East Community Park 200,000 Grandview Mausoleum Section 2 50,000 Horsetooth/College Intersection Improvements 500,000 Lemay/Vine Grade Separation Crossing 1,000,000 Lincoln Ave Improvements-1st/Lemay 750,000 Lincoln Avenue Bridge 2,811,000 Lincoln Urban Desgn-1st/Lemay 558,707 Nature in the City 190,111 Northeast Community Park 1,360,000 Pedestrian Sidewalk - ADA 1,000,000 Poudre River Downtown Project 6,332,456 Railroad Crossing Replacement 150,000 Riverside Bridge Replacement. 1,300,223 Sharp Point Connection 150,000 Suniga Improvements-College/Blondel 300,000 Capital Projects Total 17,518,199 Total General City Capital Projects $17,680,199 Community Capital Improvement Affordable Housing Fund $250,000 Arterial Intersection Improvements 350,000 Bicycle Infrastructure Improvements 350,000 Bus Stop Improvements 100,000 Lincoln Ave Improvements 2,811,000 Nature in the City 200,000 Pedestrian Sidewalk - ADA 1,000,000 Poudre River Downtown Project 4,244,000 Capital Projects Total $9,305,000 Total CCIP 1/4 Cent $9,305,000 Packet Pg. 277 -5- Conservation Trust Operating Total - Administration & Parks Maint $224,293 Capital Projects: Trail Acquisition/Development 1,336,000 Capital Projects Total 1,336,000 Total Conservation Trust $1,560,293 Neighborhood Parkland Fund Operating Total - Administration $597,538 Capital Projects: Side Hill Neighborhood Park 1,800,000 Trailhead Park 814,000 Capital Projects Total 2,614,000 Total Neighborhood Parkland $3,211,538 TOTAL CAPITAL PROJECTS FUNDS $31,757,030 TOTAL CITY FUNDS $612,825,136 Section 3. Mill Levy a. That the 2017 mill levy rate for the taxation upon each dollar of the assessed valuation of all the taxable property within the City of Fort Collins as of December 31, 2016, shall be 9.797 mills, which levy represents the amount of taxes for City purposes necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the City. b. That the City Clerk shall certify this levy of 9.797 mills to the County Assessor and the Board of Commissioners of Larimer County, Colorado, in accordance with the applicable provisions of law, as required by Article V, Section 5 of the Charter of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 278 -6- Passed and adopted on final reading on the 15th day of November, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 279 EXHIBIT A CHART SUMMARIZING CITY COUNCIL AMENDMENTS TO CITY MANAGER’S RECOMMENDED 2017-2018 BUDGET 1 Packet Pg. 280 Attachment: Exhibit A (4945 : Biennial Budget 2017-18 ORD) City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV, Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. General Improvement District No. 1 Board Regular Meeting November 1, 2016 (after the Regular Council Meeting)  CALL MEETING TO ORDER  ROLL CALL 1. First Reading of Ordinance No. 068, Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2017; Directing the Secretary of the District to Certify such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2017 Annual Appropriation. (staff: Mike Beckstead; no staff presentation; 5 minute discussion) The purpose of this item is to set the mill levy and authorize the fiscal year 2017 appropriation for the General Improvement District No. 1. The sum of $302,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2017 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for the GID from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated in 2017 to total $40,693 resulting in an expected revenue total of $342,693 for 2017. The Ordinance appropriates funds in the amount of $68,107 for the operation of the GID in 2017.  OTHER BUSINESS  ADJOURNMENT GENERAL IMPROVEMENT DISTRICT NO. 1 BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 1, 2016 General Improvement District No. 1 Board STAFF Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 068, Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2017; Directing the Secretary of the District to Certify such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2017 Annual Appropriation. EXECUTIVE SUMMARY The purpose of this item is to set the mill levy and authorize the fiscal year 2017 appropriation for the General Improvement District No. 1. The sum of $302,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2017 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for the GID from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated in 2017 to total $40,693 resulting in an expected revenue total of $342,693 for 2017. The Ordinance appropriates funds in the amount of $68,107 for the operation of the GID in 2017. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The recommended appropriations for this amount are as follows: GID Expenses: $ 31,000 to be used for other capital improvements in the downtown area $ 11,500 for the Larimer County Treasurer's fee for collecting the property tax $ 23,000 for property tax rebate program $ 2,500 for estimated electrical costs for downtown lighting and water $ 107 for miscellaneous expenses $ 68,107 Total CITY FINANCIAL IMPACTS This Ordinance includes the GID’s annual appropriation for 2017 at $68,107. This item also sets the GID mill levy for 2017 at 4.924 mills, which will generate approximately $302,000 for fiscal year 2017. The mill levy remains unchanged from previous years. Additional 2017 revenue includes automobile specific ownership taxes, ad valorem taxes, and interest, which together are projected to be $40,693 in fiscal year 2017. ATTACHMENTS 1. Boundary Map (PDF) 1 Packet Pg. 2 ATTACHMENT 1 1.1 Packet Pg. 3 Attachment: Boundary Map (4904 : GID No.1 2017 Mill Levy and Budget Appropriation) -1- ORDINANCE NO. 068 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT DISTRICT NO. 1, DETERMINING AND FIXING THE MILL LEVY FOR THE GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2017; DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE FISCAL YEAR 2017 ANNUAL APPROPRIATION WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the statutes of the State of Colorado; and WHEREAS, the GID staff has considered the amount of money to be raised by a levy on the taxable property in the GID and recommends that a levy of 4.924 mills upon each dollar of the assessed valuation of all taxable property within the limits of the GID is required during 2016 to pay the cost of operating the GID; and WHEREAS, the GID staff estimates a levy of 4.924 mill will result in $302,000 of revenue; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years so that prior voter approval of the levy is not required under Article X, Section 20 of the Colorado Constitution; and WHEREAS, C.R.S. Section 39-5-128(1) requires certification of any tax levy to the Board of County Commissioners no later than December 15 of each year; and WHEREAS, additional revenue is collected by the GID from such sources as the automobile ownership tax, ad valorem taxes, and interest earnings and that revenue for 2017 is anticipated to be $40,693; and WHEREAS, the City Council, acting as the ex-officio Board of Directors of the GID, desires to appropriate the necessary funds for operating costs and capital improvements of the GID for the fiscal year beginning January 1, 2017, and ending December 31, 2017; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, Ex-Officio the Board of Directors of City of Fort Collins General Improvement District No. 1, as follows: Section 1. That, for the purpose of providing the necessary funds to meet the expenses to be incurred by General Improvement District No. 1 in 2017, as appropriated herein, 4.924 mills is hereby levied upon each dollar of the assessed valuation of all taxable property within the General Improvement District No.1 as of December 31, 2016. Packet Pg. 4 -2- Section 2. That the City Clerk is hereby designated as the Secretary of General Improvement District No. 1 and is hereby authorized and directed to certify such mill levy to the Board of Larimer County Commissioners as provided by law. Section 3. That the City Council, acting ex-officio as the Board of Directors of General Improvement District No. 1, hereby appropriates out of the revenues of General Improvement District No. 1 for the fiscal year beginning January 1, 2017, and ending December 31, 2017, the sum of SIXTY EIGHT THOUSAND ONE HUNDRED SEVEN DOLLARS ($68,107) to be raised by the mill levy fixed herein and additional revenue to be expended for the authorized purposes of the General Improvement District No.1. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 15th day of November, A.D. 2016. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 5 City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV, Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Skyview South General Improvement District No. 15 Board Meeting November 1, 2016 (after the General Improvement District No. 1 Meeting)  CALL MEETING TO ORDER  ROLL CALL 1. First Reading of Ordinance No. 008, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2017; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2017 Annual Appropriation. (staff: Mike Beckstead; no staff presentation; 5 minute discussion) The purpose of this item is to fix the mill levy for the Skyview South General Improvement District No. 15 (GID No. 15) and to authorize the annual appropriation for 2017 of $1,000 for the expenses of GID No. 15. The sum of $29,700 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2017 fixed in this Ordinance. Additional miscellaneous revenue for GID No. 15 of $3,615 is anticipated to generated. The total 2017 revenue for GID No. 15 is expected to be $33,315. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision.  OTHER BUSINESS  ADJOURNMENT SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 1, 2016 Skyview South General Improvement District No. 15 Board STAFF Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 008, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2017; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2017 Annual Appropriation. EXECUTIVE SUMMARY The purpose of this item is to fix the mill levy for the Skyview South General Improvement District No. 15 (GID No. 15) and to authorize the annual appropriation for 2017 of $1,000 for the expenses of GID No. 15. The sum of $29,700 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2017 fixed in this Ordinance. Additional miscellaneous revenue for GID No. 15 of $3,615 is anticipated to generated. The total 2017 revenue for GID No. 15 is expected to be $33,315. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Larimer County organized GID No. 15 in 1997. In 2009, the City annexed Phase 3 of the Southwest Enclave Annexation. The area annexed included the entire Skyview GID No. 15. (Attachment 1) Pursuant to C.R.S. Section 31-25-603, since the annexation area included the entire area within the improvement district boundaries, upon annexation, GID No.15 became a City-operated district and Council has thereafter acted as the ex officio Board of Directors of the District. Under state law, the City is required to set the annual mill levy for the GID No. 15 and to certify the amount of the levy to the Board of County Commissioners for Larimer County. This Ordinance continues the establishment, as in years past, of a mill levy of 10.0. CITY FINANCIAL IMPACTS This Ordinance sets the GID No. 15 mill levy at 10.0 mills, which will generate approximately $29,700 for fiscal year 2017. Additional 2017 revenue for GID No. 15 is projected to be $3,615 in fiscal year 2017. In addition the 2017 Budget will include the use of $1,000 for the Larimer County Treasurer's fee for collecting the property tax. ATTACHMENTS 1. Skyview South GID 15 Boundary Map (PDF) 1 Packet Pg. 2 W TRILBY RD S COLLEGE AVE W SKYWAY DR CONSTELLATION DR MARS DR VENUS AVE ARAN ST ORBIT WAY DEBRA DR H OLYOKE C T P O L A R I S DR S T A R W A Y S T AV O NDALE R D RAMA H D R N E P T U N E D R GALA X Y W A Y URANUS ST F LA G L E R R D -1- ORDINANCE NO. 008 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15, DETERMINING AND FIXING THE MILL LEVY FOR THE SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 FOR THE FISCAL YEAR 2017; DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE FISCAL YEAR 2017 ANNUAL APPROPRIATION WHEREAS, the Skyview South General Improvement District No. 15 (the “GID”) was created by Larimer County in 1997 and annexed into the City by Phase Three of the Southwest Enclave Annexation in 2009; and WHEREAS, pursuant to C.R.S. Sections 31-25-603 and 31-25-609, as a result of the annexation of the entire GID into the City, the GID is now a district of the City and the City Council is to act as the ex-officio board of directors of the GID; and WHEREAS, GID staff has considered the amount of revenue to be raised by a levy on the taxable real property within the GID boundaries, and recommends imposing a levy of 10.0 mills upon each dollar of the assessed valuation of all such taxable real property for 2017; and WHEREAS, GID staff estimates a levy of 10.0 mills will result in $29,700 of revenue; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years; as such, prior voter approval of the proposed levy is not required under Article X, Section 20 of the Colorado Constitution; and WHEREAS, C.R.S. Section 39-5-128(1) requires certification of any tax levy to the Board of Commissioners of Larimer County no later than December 15 of each year; and WHEREAS, additional revenue totaling $3,615 for 2017 is expected to be collected by the GID; and WHEREAS, in 2015, the City Council previously approved in Ordinance No. 007, 2015, the GID’s budget for the period beginning January 1, 2016, and ending December 31, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, acting ex-officio as the Board of Directors of the City of Fort Collins Skyview South General Improvement District No. 15, as follows: Section 1. That the 2017 mill levy rate for taxation upon each dollar of the assessed valuation of taxable real property within the GID boundaries shall be 10.0 mills. Packet Pg. 4 -2- Section 2. That the City Clerk acting ex-officio as the Secretary for the GID shall certify this levy of 10.0 mills to the County Assessor and the Board of Larimer County Commissioners as provided by law. Section 3. That the City Council, acting ex-officio as the Board of Directors of the City of Fort Collins General Improvement District No. 15, hereby appropriates out of the revenues of the GID for the fiscal year beginning January 1, 2017, and ending December 31, 2017, the sum of ONE THOUSAND DOLLARS ($1,000). Section 4. That revenue to be raised by taxation and additional revenue of the GID will be reserved in fund balance until such future time as authorized by the Board of Directors for the purposes of the GID. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D. 2016. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 15th day of November, A.D. 2016. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 5 IDALIA DR Y U M A CT I D A L I A CT RICK DR SOLAR CT M E R C U R Y D R W SATURN DR F O S S IL CREST DR E TRILBY RD E SATURN DR G A L A X Y CT E SKYWAY DR PLATEAU CT AURORA WAY LEO CT OR I O N CT PLUTO CT SUNDOWN CT FL A G L E R RD Skyview South General Improvement District No. 15 Legend General Improvement District #15 Parcels 1 inch = 600 feet ATTACHMENT 1 1.1 Packet Pg. 3 Attachment: Skyview South GID 15 Boundary Map (4895 : Skyview GID 15 Budget) $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 Operating Income $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% Rate Increase 11.3 Packet Pg. 130 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) 120.0% Rate Increase 11.3 Packet Pg. 129 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) 8.0% 10.0% 12.0% 14.0% Rate Increase 11.3 Packet Pg. 128 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) $50,000,000 $60,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Outstanding Debt $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 Available Reserves 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% Rate Increase 11.3 Packet Pg. 127 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) Packet Pg. 126 Attachment: Council Finance Committee Agenda Item Summary - Utilities Strategic Financial Plan, June 20, 2016 (4927 : Utility Rates) 7.4 HPG ADMINISTRATIVE POSITION CHANGE 5.0 FTE Utilities: Administration & General Operations $42,119 $43,225 7.6 HPG ADMINISTRATIVE POSITION CHANGE 1.0 FTE Utilities: Information Technology Services $23,676 $24,289 7.15 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Systems Analyst $84,105 $111,127 7.17 HPG CAP ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Strategic Account Specia $66,263 $81,784 7.19 HPG CAP ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Program Coordinator Sup $80,380 $90,159 7.20 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Environmental Regulatory Tec $70,149 $78,722 7.21 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Environmental Regulatory Spe $102,394 $114,725 7.22 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Utility Data Scientist $95,743 $98,208 7.23 HPG ENHANCEMENT - Utilities: Customer Service & Administration - Cyber Security - Continuous Improvem $100,000 $100,000 7.25 HPG Withdrawn ENHANCEMENT - Utilities: CS&A - Large Commercial and Industrial Customer Data Portal $300,000 $250,000 7.26 HPG ENHANCEMENT - Utilities: Customer Service & Admin - Customer Relationship Management System E $125,000 $0 7.28 HPG ENHANCEMENT - Utilities: Customer Service & Administration - Regulatory Compliance Software $60,000 $22,000 7.30 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Web Programmer Analyst $84,410 $98,680 7.31 HPG CAP ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Publicity Marketing Techn $66,054 $69,878 7.32 HPG ENHANCEMENT - 1.0 FTE Utilities: Customer Service & Administration - Systems Specialist $77,485 $102,076 TOTAL UNFUNDED $1,443,153 $1,352,003 11.2 Packet Pg. 121 Attachment: All Utilities Master Summary (4927 : Utility Rates) 8.30 Safe ENHANCEMENT - 1.0 FTE Utilities: Conversion of Contractual Special Project Manager to Classified $6,608 $6,774 8.31 Safe ENHANCEMENT - 1.0 FTE Utilities: Stormwater Construction Inspector $77,774 $87,228 7.24 HPG ENHANCEMENT Capital - Utilities: Customer Information Billing System $0 $345,499 7.29 HPG ENHANCEMENT Capital - Utilities: Asset Register and Work Order Management System $275,000 $160,000 Subtotal Enhancements $4,959,382 $4,299,501 $4,959,382 $4,299,501 TOTAL WITH ENHANCEMENTS 11,412,136 14,563,925 16,677,361 18,363,266 18,151,833 Less Enhancements ($1,212,852) ($1,036,528) % Change 27.6% 14.5% 10.1% -1.2% Available Reserves REVENUE PROJECTION LESS ALL OFFERS $4,202,893 $2,340,063 ($986,908) ($1,212,852) ($1,036,528) $3,120,300 $1,907,448 $870,920 UNFUNDED ENHANCEMENTS 8.2 Safe ADMINISTRATIVE POSITION CHANGE 8.0 FTE Utilities: Stormwater Core Operations $87,093 $89,052 8.4 Safe Capital Replacement - Utilities: Stormwater - Basin Master Plan Updates $250,000 $250,000 8.5 Safe Capital Replacement - Utilities: Stormwater - Developer Repayments $150,000 $150,000 8.22 Safe ENHANCEMENT - Utilities: Stormwater - New Equipment Purchase $160,000 TOTAL UNFUNDED $647,093 $489,052 11.2 Packet Pg. 120 Attachment: All Utilities Master Summary (4927 : Utility Rates) 8.30 Safe ENHANCEMENT - 1.0 FTE Utilities: Conversion of Contractual Special Project Manager to Classified $6,608 $6,774 8.31 Safe ENHANCEMENT - 1.0 FTE Utilities: Stormwater Construction Inspector $77,774 $87,228 7.24 HPG ENHANCEMENT Capital - Utilities: Customer Information Billing System $0 $345,499 7.29 HPG ENHANCEMENT Capital - Utilities: Asset Register and Work Order Management System $275,000 $160,000 Subtotal Enhancements $4,959,382 $4,299,501 $4,959,382 $4,299,501 TOTAL WITH ENHANCEMENTS 11,412,136 14,563,925 16,677,361 18,716,766 18,454,833 Less Enhancements ($1,256,352) ($1,029,528) % Change 27.6% 14.5% 12.2% -1.4% Available Reserves REVENUE PROJECTION LESS ALL OFFERS $4,202,893 $2,340,063 ($986,908) ($1,256,352) ($1,029,528) $3,120,300 $1,863,948 $834,420 UNFUNDED ENHANCEMENTS 8.2 Safe ADMINISTRATIVE POSITION CHANGE 8.0 FTE Utilities: Stormwater Core Operations $87,093 $89,052 8.4 Safe Capital Replacement - Utilities: Stormwater - Basin Master Plan Updates $250,000 $250,000 8.5 Safe Capital Replacement - Utilities: Stormwater - Developer Repayments $150,000 $150,000 8.22 Safe ENHANCEMENT - Utilities: Stormwater - New Equipment Purchase $160,000 TOTAL UNFUNDED $647,093 $489,052 11.2 Packet Pg. 119 Attachment: All Utilities Master Summary (4927 : Utility Rates) 6.55 Envir ENHANCEMENT 1.0 FTE - Utilities: Wastewater - Resource Recovery Specialist $62,453 $77,065 6.56 Envir ENHANCEMENT - Utilities: Wastewater - Sidestream Treatment $4,300,000 7.24 HPG ENHANCEMENT CAPITAL - Utilities: Customer Information Billing System $507,023 7.29 HPG ENHANCEMENT Capital - Utilities: Asset Register and Work Order Management System $275,000 $160,000 6.87 Envir ENHANCEMENT Capital - Utilities: Biogas to Co-Gen Update $440,000 Subtotal Enhancements $4,480,071 $10,128,117 $4,480,071 $10,128,117 TOTAL WITH ENHANCEMENTS $27,968,086 $23,912,833 $28,462,496 $25,501,468 $31,706,336 Less Enhancements ($1,050,961) ($6,739,439) % Change -14.5% 19.0% -10.4% 24.3% Available Reserves REVENUE PROJECTION LESS ALL OFFERS ($2,236,126) $1,602,378 ($1,848,543) ($1,050,961) ($6,739,439) $18,500,000 $17,449,039 $10,709,600 UNFUNDED ENHANCEMENTS 6.18 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Database Analyst $47,957 $59,226 11.2 Packet Pg. 118 Attachment: All Utilities Master Summary (4927 : Utility Rates) 6.22 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Contractual Maintenance Specialist (Production) $67,747 $83,576 6.26 Envir ENHANCEMENT - Utilities: Water - Underground Electrical Power Supply $555,000 $650,000 6.27 Envir ENHANCEMENT - Utilities: Water - Watershed Protection $80,000 $80,000 6.29 Envir ENHANCEMENT - Utilities: Water - Cathodic Protection $0 $1,280,000 6.30 Envir ENHANCEMENT - Utilities: Water - Azalea Waterline Replacement $450,000 $0 6.31 Envir ENHANCEMENT - Utilities: Water - Poudre Canyon Raw Water Line Improvements $800,000 $0 6.32 Envir (DELETED) ENHANCEMENT - 0.5 FTE Utilities: Lab Quality Assurance Coordinator 6.33 Envir (DELETED) ENHANCEMENT - Utilities: Water - Real-Time Water Quality Monitoring on the Cache La Poudre River 7.24 HPG ENHANCEMENT CAPITAL - Utilities: Customer Information Billing System $636,638 7.29 HPG ENHANCEMENT Capital - Utilities: Asset Register and Work Order Management System $275,000 $160,000 Subtotal Enhancements $3,757,961 $4,316,784 $3,757,961 $4,316,784 TOTAL WITH ENHANCEMENTS $34,330,013 $35,369,868 $46,613,117 $34,292,561 $34,513,703 Less Enhancements $147,311 ($317,543) % Change 3.0% 31.8% -26.4% 0.6% Available Reserves REVENUE PROJECTION LESS ALL OFFERS ($214,313) $28,444 ($12,601,467) $147,311 ($317,543) $4,400,000 $4,547,311 $4,229,768 UNFUNDED ENHANCEMENTS 6.18 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Database Analyst $47,957 $59,226 6.24 Envir CAP ENHANCEMENT CAPITAL - Utilities: Water - Water Treatment Solar Energy System $1,883,000 6.25 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Treatment Solids Drying Pad $1,350,000 6.2 Envir ADMINISTRATIVE POSITION CHANGE 10.0 FTE Utilities: Water Core Operations $121,618 $124,758 6.4 Envir ADMINISTRATIVE POSITION CHANGE 2.0 FTE Utilities: Water - Conservation $62,374 $63,924 6.28 Envir ENHANCEMENT - Utilities: Water - Supply Vulnerability Assessment $250,000 $100,000 6.23 Envir ENHANCEMENT - 1.0 FTE Utilities: Inspector $84,842 $87,228 6.19 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Conservation Coordinator $70,724 $75,394 TOTAL UNFUNDED $1,987,515 $2,393,530 11.2 Packet Pg. 117 Attachment: All Utilities Master Summary (4927 : Utility Rates) 6.21 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Planner Scheduler Dispatcher (Field Operations) $47,618 $49,029 6.22 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Contractual Maintenance Specialist (Production) $67,747 $83,576 6.23 Envir ENHANCEMENT - 1.0 FTE Utilities: Inspector $84,842 $87,228 6.26 Envir ENHANCEMENT - Utilities: Water - Underground Electrical Power Supply $650,000 $650,000 6.27 Envir ENHANCEMENT - Utilities: Water - Watershed Protection $80,000 $80,000 6.28 Envir ENHANCEMENT - Utilities: Water - Supply Vulnerability Assessment $250,000 $100,000 6.29 Envir ENHANCEMENT - Utilities: Water - Cathodic Protection $0 $2,280,000 6.30 Envir ENHANCEMENT - Utilities: Water - Azalea Waterline Replacement $450,000 $0 6.31 Envir ENHANCEMENT - Utilities: Water - Poudre Canyon Raw Water Line Improvements $800,000 $0 6.32 Envir (DELETED) ENHANCEMENT - 0.5 FTE Utilities: Lab Quality Assurance Coordinator 6.33 Envir (DELETED) ENHANCEMENT - Utilities: Water - Real-Time Water Quality Monitoring on the Cache La Poudre River 7.24 HPG ENHANCEMENT CAPITAL - Utilities: Customer Information Billing System $636,638 7.29 HPG ENHANCEMENT Capital - Utilities: Asset Register and Work Order Management System $275,000 $160,000 Subtotal Enhancements $4,258,527 $5,579,406 $4,258,527 $5,579,406 TOTAL WITH ENHANCEMENTS $34,330,013 $35,369,868 $46,613,117 $34,793,127 $35,776,325 Less Enhancements $166,745 ($570,165) % Change 3.0% 31.8% -25.4% 2.8% Available Reserves REVENUE PROJECTION LESS ALL OFFERS ($214,313) $28,444 ($12,601,467) $166,745 ($570,165) $4,400,000 $4,566,745 $3,996,580 UNFUNDED ENHANCEMENTS 6.18 Envir ENHANCEMENT - 1.0 FTE Utilities: Water - Database Analyst $47,957 $59,226 6.24 Envir CAP ENHANCEMENT CAPITAL - Utilities: Water - Water Treatment Solar Energy System $1,883,000 6.25 Envir ENHANCEMENT CAPITAL - Utilities: Water - Water Treatment Solids Drying Pad $1,350,000 6.2 Envir ADMINISTRATIVE POSITION CHANGE 10.0 FTE Utilities: Water Core Operations $121,618 $124,758 6.4 Envir ADMINISTRATIVE POSITION CHANGE 2.0 FTE Utilities: Water - Conservation $62,374 $63,924 TOTAL UNFUNDED $1,581,949 $2,130,908 11.2 Packet Pg. 116 Attachment: All Utilities Master Summary (4927 : Utility Rates) 5.23 Econ ENHANCEMENT - Capital Replacement - Utilities: Light & Power - Operational Technology $2,579,927 $182,457 5.25 Econ ENHANCEMENT - Utilities: Light & Power - Stray Voltage Testing $250,000 $0 5.26 Econ CAP ENHANCEMENT - Utilities: Light & Power - Electric Distributed Battery Pilot Program $100,000 $100,000 5.27 Econ ENHANCEMENT - Utilities: Light & Power - Electric Distribution System Corrosion Mitigation $150,000 $175,000 6.76 Envir ENHANCEMENT - Utilities: Light & Power - Energy Services $950,000 $950,000 6.77 Envir ENHANCEMENT - 1.0 FTE - Utilities: Light & Power - Energy Services Engineer $101,260 $104,073 6.78 Envir ENHANCEMENT - Utilities: Light & Power - Renewable Non-Residential Solar Power Purchases $72,500 $282,500 6.79 Envir ENHANCEMENT - Utilities: Light & Power - Renewable Non-Residential Solar Rebates $500,000 $500,000 6.80 Envir ENHANCEMENT - Utilities: Light & Power - Renewable Community Shared Solar $250,000 $250,000 7.24 HPG ENHANCEMENT CAPITAL - Utilities: Customer Information Billing System $0 $810,840 7.29 HPG ENHANCEMENT Capital - Utilities: Asset Register and Work Order Management System $0 $0 Subtotal Enhancements $4,953,687 $3,354,870 $4,953,687 $3,354,870 TOTAL WITH ENHANCEMENTS $134,820,254 $130,764,892 $143,840,225 $141,162,823 $139,756,280 Less Enhancements ($9,459,500) ($3,893,824) % Change -3.0% 10.0% -1.9% -1.0% Available Reserves REVENUE PROJECTION LESS ALL OFFERS ($6,727,943) ($4,891,311) ($10,212,577) ($9,459,500) ($3,893,824) $15,424,517 $5,965,017 $2,071,193 UNFUNDED ENHANCEMENTS Offer Result Title 5.4 Econ ADMINISTRATIVE POSITION CHANGE 8.75 FTE - Utilities: Light & Power - Operations $37,288 $38,311 6.66 Envir ADMINISTRATIVE POSITION CHANGE 1.0 FTE Utilities: Light & Power - Energy Services $15,155 $15,551 5.10 Econ Capital Replacement - Utilities: Light & Power - Mulberry System Infrastructure Investment $0 $500,000 5.21 Econ ENHANCEMENT - Capital Replacement - Utilities: Light & Power - LED Street Light Conversion $500,000 $950,000 5.22 Econ ENHANCEMENT - Capital Replacement - Utilities: Light & Power - Cut to Length Cable Program $900,000 $0 5.24 Econ ENHANCEMENT - 1.0 FTE - Utilities: Light & Power - Planner Scheduler $116,038 $119,221 6.75 Envir ENHANCEMENT - Utilities: Light & Power - Distributed Energy Resource Management System $179,400 $50,712 94.1 Envir ENHANCEMENT: Wind and Solar Energy for Municipal Operations $599,187 $654,113 TOTAL UNFUNDED $2,347,068 $2,327,908 10/18/2016 11.2 Packet Pg. 115 Attachment: All Utilities Master Summary (4927 : Utility Rates) b. Issue debt no more frequently than once every 3 years 11 Packet Pg. 104 W Magnolia St 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 N ew V i n e D r 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 Blue Spruce 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 Martinez St N Mason St E l 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 La Garita Ln Baum St Sangre De Cristo Ln Kenroy Ct E Laurel St Pine St Frontage Rd E Magnolia St Downtown Development Authority Boundary Parcels DDA Boundary Amended: September 17, 2013 Printed: January 01, 2014 1 inch = 1,320 feet . 00.0.125 250.5 Miles ATTACHMENT 1 4.1 Packet Pg. 38 Attachment: DDA Boundary map (4823 : DDA Budget 2017) e e k T r a i l Retaining Wall Lilac Park Lilac Park Proposed Water Quality Pond Centre Avenue EXHIBIT B 2.2 Packet Pg. 30 Attachment: Ordinance No. 113, 2016 (4934 : SR 113 Stormwater Pond easement-Spring Creek Gardens) O R C O L O R A D O L I C E N S E D 0' SCALE IN FEET 25' 50' 2.2 Packet Pg. 29 Attachment: Ordinance No. 113, 2016 (4934 : SR 113 Stormwater Pond easement-Spring Creek Gardens) E R L I N G P R O F E S S I O N A L L A N D S U R V E Y O R C O L O R A D O L I C E N S E D 2.2 Packet Pg. 28 Attachment: Ordinance No. 113, 2016 (4934 : SR 113 Stormwater Pond easement-Spring Creek Gardens)