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COUNCIL - COMPLETE AGENDA - 04/05/2016 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting April 5, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring April 10-16, 2016 as Week of the Young Child. B. Proclamation Declaring April 10-16, 2016 as National Volunteer Week. C. Proclamation Declaring April 12, 2016 as Equal Pay Day. D. Proclamation Declaring April as Sexual Assault Awareness Month. E. Proclamation Declaring April as Fair Housing Month. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the March 15, 2016 Regular Council Meeting. The purpose of this item is to approve the minutes from the March 15, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Road Right-of-Way Alignment. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Road. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Road in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Road intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (slope easements), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends 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 all property acquisitions for the Project, only if such action is deemed necessary. 3. Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. A. Second Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. Second Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. These Ordinances, unanimously adopted on First Reading on March 15, 2016, amends City Code to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. For Second Reading, the Ordinances have been amended to reflect that in the event the City Manager approves the opinion of the Financial Officer, the City Manager shall notify City Council in writing of such settlement. City of Fort Collins Page 4 4. Second Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. 5. Second Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. 6. Second Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. This Ordinance, unanimously adopted on First Reading on March 15, 2016, revises the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and clarifies interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. 7. Second Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on March 15, 2016, annexes 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 8. Second Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on March 15, 2016, zones the property included in the Maverik First Annexation into the General Commercial zone district. 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. City of Fort Collins Page 5 9. Second Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. This Ordinance, unanimously adopted on First Reading on March 15, 2016, authorizes the conveyance of an access easement on City property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel, upstream from the Water Treatment Plant #1 property. The property was purchased in 1977 in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance authorizes City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. 10. Second Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. This Ordinance, unanimously adopted on First Reading on March 15, 2016, appropriates funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance appropriates $150,000 of City funds from General Fund Reserves and also appropriates another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (CDOT). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the Developer) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT intergovernmental agreement that will both be needed to facilitate this additional funding. 11. First Reading of Ordinance No. 040, 2016, Reappropriating Funds Previously Appropriated in 2015 But Not Expended and Not Encumbered in 2015. City Council authorized expenditures in 2015 for various purposes. Some of these authorized expenditures were not spent or could not be encumbered in 2015 because: there was not sufficient time to complete bidding in 2015 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, or the project for which the dollars were originally appropriated by Council could not be completed during 2015 and reappropriation of those dollars is necessary for completion of the project in 2016. The other unexpended funds are needed to carry on programs, services, and facility improvements in 2016 with unspent dollars previously appropriated in 2015 for these purposes. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2015 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: General Fund $ 1,102,694 Golf Fund 40,329 Keep Fort Collins Great Fund 1,027,535 Light & Power Fund 276,088 Recreation Fund 91,260 Transportation Fund 84,209 CS&A Fund 187,000 $ 2,809,115 City of Fort Collins Page 6 12. First Reading of Ordinance No. 041, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. The purpose of this item is to appropriate $378,605, of which $159,265 is proposed for 2016 Cultural Development and Programming Activities (Fort Fund), $19,868 is proposed for 2016 Tourism Programming (Fort Fund), and $199,472 is proposed for 2016 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism Programming activities. Between April 2011 and March 2016, based on the prior years’ actual collections, lodging tax revenues were paid to the Fort Collins Convention and Visitors Bureau (the “FCCVB”) under a contract for Cultural Development and Tourism Programming. Anticipated revenue has been projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging Tax revenues collected in 2015 equaled $1,450,960, which was $378,605 above projected collections. 13. First Reading of Ordinance No. 042, 2016, Appropriating Prior Year Reserves in the General Fund for Pool Chlorination System Conversion at Three City of Fort Collins Pools. The purpose of this item is to appropriate $200,000 from prior year reserves in the General Fund to switch pool chlorination systems from chlorine gas to liquid chlorine. During a routine safety audit of the City pools, it was discovered that gaseous chlorine is being used to treat the pool water at all City pools except the Senior Center pool. As safety standards have evolved, best practice is to avoid gaseous chlorine due to the hazard posed to employees and citizens in the event of a failure incident. Conversion of the three City pools now using chlorine gas will enable the City to follow this updated best practice. 14. First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project. The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The authorization is only for the six commercial properties at this location. There are two residential properties at the east end of the project that are not included here since work is still underway to further define impacts. These properties will be brought to Council at a later date for authorization. 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 enhancements, utility improvements, and access control improvements. On the west leg of the intersection, these improvements are consistent with the recommendations in the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on property they own at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of road improvements adjacent to their development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way, permanent easements, and temporary easements from six property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends 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 the six commercial property acquisitions for the Project only if such action is deemed necessary. City of Fort Collins Page 7 15. Resolution 2016-035 Expressing the City Council's Support of Grant Applications for Certain Improvements to Interstate I-25. The purpose of this item is to provide a letter supporting two regional grant applications being submitted seeking improvements and repairs to Interstate 25 (I-25) in Northern Colorado. The grant applications will be submitted April 2016. Colorado Department of Transportation (CDOT) is preparing a Transportation Investment Generating Economic Recovery (TIGER) grant, while the North Front Range Metropolitan Planning Organizations (NFRMPO) is preparing a FASTLANE GRANT. Repairs and improvements sought are in accordance with the final adopted recommendations of the North I-25 Environmental Impact Study (2011). 16. Resolution 2016-030 Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission an Artist to Create an Art Project Pursuant to the Art in Public Places Program. The purpose of this item is it to approve expenditures from the Art in Public Places Electric, Water, Wastewater, and Stormwater Utility Funds to commission an artist to create art for the Utility Administration Building Project. The expenditures of $145,936 will be for design, materials, fabrication, electrical connections, installation, and contingency for Andy Dufford of Chevo Studios to create a carved sandstone entryway feature for the new Utility Administration Building. 17. Resolution 2016-031 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain's Edge Annexation. The purpose of this item is to annex the Mountain’s Edge First Annexation. The applicant, The Landhuis Company c/o Mr. Jeff Mark, has submitted a written petition requesting annexation of 18.516 acres located at 2430 South Overland Trail which presently contains one single family home. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. 18. Resolution 2016-032 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Prospect at Boxelder Creek Annexation. The purpose of this item is to initiate annexation proceedings for a segment of East Prospect Road right-of-way, located east of Summitview Drive and west of the Interstate 25 frontage road. The segment consists of two sections of property for which the City accepted deeds of dedication of right- of-way on March 15, 2016, and two sections of Larimer County right-of-way that are located in the current alignment of East Prospect Road. The segment is 1,084 feet in length and totals 1.76 acres. The two owners of the property the City recently accepted as right-of-way, the Glanzs and K&M Company LLLP, have signed the annexation petition. Larimer County staff has stated that the County is amenable to the annexation of this County right-of-way. The annexation is related to a City utility and street project to construct improvements at the crossing over Boxelder Creek by East Prospect Road. Proposed zoning is a combination of U-E, Urban Estate, and E, Employment consistent with the City Structure Plan. 19. Resolution 2016-033 Making Appointments to the Economic Advisory Commission and Youth Advisory Board The purpose of this item is to appoint Craig Mueller to the Economic Advisory Commission, and Megan Ronquillo and Roshini Narayanan to the Youth Advisory Board to fill board vacancies. END CONSENT City of Fort Collins Page 8 CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS A. Lead/Copper Sampling and Corrosion Control Programs for the City's Drinking Water Supply (staff: Keith Elmund) COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 20. Items Relating to Dust Prevention and Control. (staff: Lindsay Ex, Lucinda Smith, Jackie Kozak- Thiel; 10 minute staff presentation; 30 minute discussion) A. First Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. First Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. The purpose of this item is to implement regulations and a set of consistent best practices (Dust Control Manual) for twelve specific activities that generate dust in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during the February 9 Work Session, staff has developed an exception for small residential projects (less than 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. In addition to the regulations and set of best practices outlined in the Dust Control Manual, staff has developed and is implementing a tracking system for fugitive dust complaints. In addition, per Council direction, the City has enacted an Administrative Policy applying the Dust Control Manual to all City projects, so that the City is leading by example. City of Fort Collins Page 9 21. First Reading of Ordinance No, 046, 2016, Appropriating Prior Year Reserves in the General Fund and the Light and Power Fund and Transferring Appropriations from the Light and Power Fund to the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (staff: Lindsay Ex, Jackie Kozak-Thiel, Jeff Mihelich, Kevin Gertig, Lucinda Smith, Mike Beckstead; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to appropriate $230,510 from the General Fund and $245,483 from the Light and Power Fund to initiate four projects in the CAP that have been identified for immediate action and investment based on guidance provided by the City Council. 22. Items Relating to the Social Host Civil Citation. (staff: Delynn Coldiron, Jeremy Yonce; 15 minute staff presentation; 30 minute discussion) A. First Reading of Ordinance No. 047, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Prohibit a Social Host from Allowing the Possession or Consumption of Ethyl Alcohol or Marijuana by Persons Under Twenty-One Years of Age. B. First Reading of Ordinance No. 048, 2016, Amending Chapter 19 of the Code of the City of Fort Collins to Modify the Rules for Civil Infractions Related to Immediate Service of a Social Host Civil Citation. The purpose of these items is to consider implementing a Social Host Ordinance to prohibit a person from allowing the possession or consumption of ethyl alcohol or marijuana by persons under the age of twenty-one, and to allow for the immediate service of a civil citation in the event of a violation of such Ordinance. 23. Resolution 2016-034 Appointing a Councilmember as a Representative to the Boxelder Basin Regional Stormwater Authority Board of Directors. (staff: Jon Haukaas;3 minute staff presentation; 10 minute discussion) The purpose of this item is to appoint a representative from the City of Fort Collins to the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors. Ken Sampley has served as the City representative since June 17, 2010. The City Council has expressed a desire to appoint one of its members to the Board of Directors. Mr. Sampley will remain involved as a subject matter expert supporting the Board representative. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the Larimer District of the Colorado Association for the Education of Young Children, Front Range Community College Early Childhood Department, Early Childhood Council of Larimer County, Poudre River Library District, Be Ready, United Way of Larimer County, Poudre School District Early Childhood Department, and the Thompson School District Early Childhood Department, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child, April 10-16, 2016; and WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Fort Collins; and WHEREAS, teachers and others who make a difference in the lives of young children in Fort Collins deserve thanks and recognition; and WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures. NOW, THEREFORE, I, Wade Troxell, Mayor of Fort Collins, do hereby proclaim April 10-16, 2016 as WEEK OF THE YOUNG CHILD and encourage all citizens to work to make a good investment in early childhood in Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, during this week, all over the nation, service projects will be performed and volunteers recognized for their commitment to service; and WHEREAS, our country’s volunteer and national service member force of more than 63 million is a great treasure; and WHEREAS, AmeriCorps participants serve our community to engage citizens, improve lives, and strengthen communities; and WHEREAS, April is a month for volunteers, with the occurrences of National Service Recognition Day, CSUnity, Earth Day, and United Way’s National Volunteer Month; and WHEREAS, Fort Collins has the 7 th largest volunteer rate of any mid-sized city in the country at 38%; and WHEREAS, volunteers are vital to our future as a caring and productive nation. NOW, THEREFORE, I, Wade Troxell, Mayor of Fort Collins do hereby proclaim April 10-16, 2016 as NATIONAL VOLUNTEER WEEK in Fort Collins, and urge my fellow citizens to volunteer in their respective communities. By volunteering and recognizing those who serve, we can come together to make a difference. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, Equal Pay Day is Tuesday, April 12, 2016; and WHEREAS, this date symbolizes how far into 2016 women must work, in addition to their 2015 earnings, to earn what their men colleagues earned in 2015; and WHEREAS, Equal Pay Day falls on a Tuesday, which represents how far into the work week, in addition to their earnings from the previous week, women must work to earn what men earned the previous week; and WHEREAS, the Equal Pay Act was signed in 1963; since then, the wage gap has narrowed less than half a cent per year. At this rate of change, it was estimated in 2015 that women won’t receive equal pay in Colorado until 2057; and WHEREAS, the wage gap today amounts to a loss in wages of at least $450,000 over a lifetime, and more disproportionately affects women of color, Latina women, and older women employees in the US; and WHEREAS, closing the wage gap directly contributes to more healthy and stable women and families. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Tuesday April 12, 2016 as EQUAL PAY DAY in the city of Fort Collins as a way to draw attention to the current gaps in wages paid to women versus men. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 PROCLAMATION WHEREAS, sexual assault affects women, children, and men of all racial, cultural, and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders, and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of the survivor; and WHEREAS, no one person, organization, agency, or community can eliminate sexual assault on their own, we can work together to educate our entire population about what can be done to prevent sexual assault, support victim/survivors and their loved ones, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare the month of April 2016 as SEXUAL ASSAULT AWARENESS MONTH in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 13 PROCLAMATION WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all residents of the United States, was signed into law in April 1968; and WHEREAS, the month of April is nationally recognized as Fair Housing Month as a time to reflect on and reaffirm our national commitment to the ideal that fair housing opportunity is available to everyone in the United States without regard to race, color, religion, national origin, sex, familial status and disability; and WHEREAS, this year celebrates the 48th anniversary of the Fair Housing Act, and reflects on our current efforts to foster sustainable, inclusive communities of opportunity for all; and WHEREAS, the State of Colorado passed its own Fair Housing Act in 1959, and provided additional fair housing protections for creed, ancestry, sexual orientation, and marital status; and WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing practices; and WHEREAS, the City welcomes this opportunity to acknowledge our many community partners who are committed to addressing barriers to fair housing choice and educating all citizens concerning their rights regarding equal housing opportunity; and WHEREAS, this year, those partners are represented by Catholic Charities, Fort Collins Rescue Mission, and United Way of Larimer County for their coordinated efforts in providing Seasonal Overflow Shelter. This collaborative partnership with the City demonstrates a commitment to ensuring access to safe, warm, adequate shelter for all persons experiencing homelessness in Fort Collins during the winter months. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby decree that every person should live free from the fear of housing discrimination, and I declare April 2016 as FAIR HOUSING MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 14 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the March 15, 2016 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the March 15, 2016 Regular Council meeting. ATTACHMENTS 1. March 15, 2016 (PDF) 1 Packet Pg. 15 City of Fort Collins Page 385 March 15, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana (6:23 PM), Troxell, Cunniff, Horak Staff present: Mihelich, Daggett, Winkelmann AGENDA REVIEW: CITY MANAGER Deputy City Manager Mihelich discussed agenda changes: Postponement of Consent Agenda Item No. 5 regarding the authorization for eminent domain for the northeast College corridor project and Lemay Avenue/Suniga Road realignment to April 5 to correct legal descriptions; Acknowledgement of the public hearings for Consent Agenda Item Nos. 11 and 12 regarding the annexation and zoning of Maverik First Annexation; Acknowledgement of a change to Consent Agenda Item No. 16 regarding the Boards and Commissions Manual presented in Council’s read-before packet; Withdrawal of Discussion Agenda Item No. 19 regarding the authorization for eminent domain for the Prospect Road/College Avenue intersection improvements project from the agenda; and Acknowledgement of the addition of Discussion Agenda Item No. 21 formalizing Fort Collins’ support of the Federal Clean Power Plan. CITIZEN PARTICIPATION Mike Pruznick discussed his suggested changes regarding the Downtown Plan which were accepted by staff. He also discussed a recent hire by the Police Department which was acknowledged by Chief Hutto to be a bad choice. He showed the coroner’s report for Douglas Shields which says that Mr. Shields died of accidental exposure and stated Councilmember Martinez has publically stated Mr. Shields died of natural causes. John Anderson discussed homelessness and noted sleep is a public need and necessity. He opposed criminalizing sleep by ticketing homeless individuals. Martha Roden opposed criminalizing homelessness by ticketing homeless individuals for sleeping outdoors and encouraged expansion of the city’s shelters. Deborah James discussed an article in the Coloradoan which discussed homeless individuals camping. She opposed criminalizing homelessness and discussed the need for shelter beds. Lisa Baughn stated she works several jobs yet cannot make ends meet and may be homeless this summer. She opposed criminalizing homelessness. Eric Sutherland discussed the 2008 State of the City Address during which it was noted the County has typically been the provider of social services in the community. He encouraged 1.1 Packet Pg. 16 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 386 utilizing property tax funds for that purpose. Additionally, Mr. Sutherland discussed the rule of law. Mike Deveraux offered support for the Fort Collins Homeless Coalition and stated the City should repeal the ban on sleeping in vehicles. Skylar stated shelters will not let him stay due to an open wound on his back. He stated he is on probation and cannot leave the city limits. Zach Heath offered support for the Fort Collins Homeless Coalition and opposed the City’s camping ban and ban on sleeping in vehicles. Jennifer Reisch discussed homelessness, the City’s camping ban, and the importance of sleep for all citizens. Nicholas Mouton discussed individuals’ right to rest and expressed support for the Fort Collins Homeless Coalition. He commented on the need for additional shelters and opposed the City’s camping ban. Kevin Cross stated it needs to be made clear that the camping ban actually does criminalize homelessness given the ticketing and fining of individuals sleeping outdoors. Jessica Agula, Fort Collins Homeless Coalition, stated the Coalition has opposed the camping ban from the start and stated there is an immediate need in the community for solutions. Ann Cleary thanked the City for removing the eminent domain item which will affect her home from the agenda and encouraged the City to examine the issue thoroughly. Don Flick discussed the Martin Luther King Day event and encouraged putting ideals from that day into practice with regard to the homeless community. Zachariah Humbert discussed the need for sleep and opposed the seizure of personal property from parks. Lynn Barker discussed the death of Doug Shields noting his autopsy showed he died of exposure. Kendra Gilmore Humbert discussed the Occupy Jefferson Park movement and stated the criminalization of homelessness is depriving individuals of basic rights, including sleep. Kelly Connor stated people have inherent worth and dignity and opposed the decision to pull the camping ban changes from the agenda. Esther Agula stated the homeless community seems to be left out of discussions regarding the community. She stated the compassionate choice is to allow people to rest in peace. Steve Raimer, Fort Collins Mennonite Fellowship Pastor, stated his church is open 6 days a week to provide shelter for homeless families. He stated ticketing for sleeping is immoral and mean. An unidentified individual stated his religion is to sleep outside and stay away from arbitrary concepts; therefore, the camping ban is unconstitutional based on his religious practices. 1.1 Packet Pg. 17 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 387 Cheryl Distaso, Fort Collins Housing Coalition, discussed an event with a CIA whistleblower who stated the most extreme form of torture is sleep deprivation. She opposed the City’s existing camping ban and opposed pulling the item from the agenda. Thomas Edwards thanked Mayor Pro Tem Horak for providing him a memo and stated the Fort Collins Bicycle Coalition counts bikes four times per year in a thorough manner. Monte Barry expressed support for the Fort Collins Homeless Coalition. He discussed an air quality study from 2014 and asked where that information is reported. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez asked about the criteria used for moving campers at Lee Martinez Park. Deputy City Manager Mihelich replied camping on public City-owned property is illegal and stated a single camper was at Lee Martinez Park for a number of weeks despite numerous contacts from rangers. He stated second, third and fourth camps were subsequently set up, increasing concerns for safety. Signs were posted indicating any personal items would be removed after three full days. When this did not occur, some tickets were issued to campers who were repeatedly warned to leave the site. Councilmember Stephens thanked the speakers and acknowledged there are no easy answers. She stated a communitywide solution needs to be sought and she would be willing to reexamine the camping ban. Councilmember Overbeck thanked Pastor Raimer for his church’s contributions and asked if there is a possibility the City can support his efforts. He thanked Ms. Cleary for speaking regarding the eminent domain process. Councilmember Martinez asked if there are resources for wounded individuals such as Skylar. Deputy City Manager Mihelich replied he would look into the issue with Beth Sowder. Councilmember Martinez thanked Pastor Raimer and also noted homelessness is a communitywide issue. He asked about the latest numbers on bed counts. Deputy City Manager Mihelich replied 220 shelter beds are available in the winter month and, since January 1, there have only been 5 days when both shelters were at capacity. Also since January 1, 75 people were turned away, but there were 12,000 shelter bed nights available. He discussed the possibility of a new program in concert with the faith-based community to have a more distributed shelter service involving places of worship throughout the community. Councilmember Cunniff suggested the use of the term “bed nights” or something similar. He encouraged additional Council discussion and asked about the timeline for the outreach program. Deputy City Manager Mihelich replied the program is expected to begin in May and the outreach for a distributed shelter space model will also hopefully occur in May. Shelter space could significantly increase if that program moves forward. Additionally, the City is working with the Fort Collins Rescue Mission and Catholic Charities about keeping some of their winter beds beyond April 15. 1.1 Packet Pg. 18 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 388 Councilmember Cunniff asked if the camping ban will be enforced in the natural areas. Deputy City Manager Mihelich replied in the affirmative. Councilmember Cunniff noted significant habitat damage results from individuals camping in natural areas and suggested this conversation should occur with Council in the May timeframe. Councilmember Campana asked why the overflow beds are being eliminated in the spring and summer. Deputy City Manager Mihelich noted those are not City policies; however, the change is related to demand numbers and weather. Conversations regarding expanding that timeframe are starting to occur. Councilmember Campana suggested staff return to the shelters and determine whether or not this is a financial issue which could be addressed as a community while other solutions are being examined. Deputy City Manager Mihelich replied some of the issue is actual physical space, which is why the distributed model is being considered. A budgeting for outcomes offer may be written for funding such a model. Councilmember Campana thanked Deputy City Manager Mihelich and his staff team for their work. Additionally, he discussed a meeting with homeowners at the Prospect and College area and stated staff is working to try to minimize the impact on surrounding homes. Mayor Pro Tem Horak thanked the speakers and noted Council tries to look at facts and analyze solutions. The County has a social services function and encouraged residents to speak to County Commissioners. Additionally, Mayor Pro Tem Horak replied to Mr. Barry’s comments stating the study referenced is the Front Range Air Pollution and Photo-Chemistry Experiment and information can be found under NCAR. Mayor Pro Tem Horak agreed the eminent domain issue needs to be examined, particularly in reference to residential properties. Mayor Troxell thanked the speakers and noted the City is a partner in the community with regard to a larger issue. He commended Pastor Raimer, Homeward 2020, the Murphy Center, and others for their work in engaging to make homelessness rare, short-lived, and non-recurring. He reiterated camping is not allowed on City-owned natural area properties. CONSENT CALENDAR Mayor Troxell opened the public hearing for Item Nos. 11, Items Relating to the Maverik First Annexation, and 12, Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. Eric Sutherland withdrew Item No. 7, Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims, from the Consent Agenda. Mayor Troxell closed the public hearing for Item Nos. 11, Items Relating to the Maverik First Annexation, and 12, Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. 1.1 Packet Pg. 19 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 389 Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the March 1, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the March 1, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. (Adopted) This Ordinance, unanimously adopted on First Reading on March 1, 2016, approves the rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. 3. Second Reading of Ordinance No. 027, 2016, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District through March 9, 2017. (Adopted) This Ordinance, unanimously adopted on First Reading on March 1, 2016, extends the Planned Development Overlay District (PDOD) Pilot Process for 12 months, as the current pilot will expire on March 9, 2016. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. 4. Second Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation. (Adopted) This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 520 Cherry Street, Units A and B, currently owned by the Fort Collins Housing Corporation. 5. Postponement of Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment to April 5, 2016. (Adopted) Staff requests postponement of Second Reading of this Ordinance to April 5, 2016, to allow time for corrections to be made to the legal descriptions attached as Exhibits to the Ordinance. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an 1.1 Packet Pg. 20 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 390 opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends 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 all property acquisitions for the Project, only if such action is deemed necessary. 6. First Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. (Adopted) The purpose of this item is to appropriate funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance will appropriate $150,000 of City funds from General Fund Reserves and will also appropriate another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (“CDOT”). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the “Developer”) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The City’s contribution through this appropriation will support: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 2. Disrupting the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoiding future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improving safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT IGA that will both be needed to facilitate this additional funding. 7. First Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. (Adopted) The purpose of this item is to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. 8. First Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. (Adopted) The purpose of this item is to amend City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. 1.1 Packet Pg. 21 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 391 9. First Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. (Adopted) The purpose of this item is to revise the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and to clarify interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. 10. Items Relating to the Maverik First Annexation. (Adopted) A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First Annexation. B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 11. Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. (Adopted) The purpose of this item is to zone the property included in the Maverik First Annexation into the General Commercial zone district. 12. First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. (Adopted) The purpose of this item is to authorize the conveyance of an access easement on City Property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was purchased in 1977, in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. 1.1 Packet Pg. 22 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 392 13. Resolution 2016-025 Approving an Amendment to the Bylaws of the Northern Colorado Regional Airport Commission. (Adopted) The purpose of this item is to consider a resolution approving an amendment to the Northern Colorado Regional Airport Commission Bylaws. The amendment will allow formation of subcommittees or work groups to provide research assistance or recommendations to the Commission. 14. Resolution 2016-028 Authorizing an Intergovernmental Agreement Between the City of Fort Collins and the Town of Windsor for the Exchange of Judicial Services and Appointing a Temporary Judge. (Adopted) The purpose of this item is to authorize an intergovernmental agreement with the Town of Windsor for judicial services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal Court case. 15. Resolution 2016-026 Adopting the 2016 Boards and Commissions Manual. (Adopted) The purpose of this item is to adopt the amended Board and Commission Manual in its entirety. Specific changes include a new Periodic Review Procedure and a trial period of one year to modify Work Plan due dates from November 30 to September 30. 16. Resolution 2016-027 Appointing Tom Rock to the Golf Board. (Adopted) The purpose of this item is to appoint Tom Rock to the Golf Board to fill a vacancy created through the resignation of Ann Cross. 17. Routine Deed/Easement. (Adopted) The purpose of this item is to have Council accept three Deeds of Dedication for road right-of-way for East Prospect Road. CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff discussed concerns he had regarding Item No. 6, First Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements, noting no extra money is being spent. Additionally, regarding Item No. 16, Resolution 2016-026 Adopting the 2016 Boards and Commissions Manual, he stated he asked the City Clerk to forward the Boards and Commissions self-review to the entire Council in advance of the liaison meetings to allow Council to have dialogue. Mayor Pro Tem Horak commented on Item No. 2, Second Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season, citing the cooperative relationship between water users and the City. STAFF REPORTS Beth Sowder, Director of Social Sustainability, stated Mayor Troxell has signed the national initiative to make veteran homelessness rare, short-lived and non-recurring and Fort Collins is participating in the Coming Home Colorado Action Lab. The Housing Authority has worked closely with HUD to increase the payment standards for Veteran Administration support of 1.1 Packet Pg. 23 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 393 housing vouchers. The City is maximizing available resources to improve coordination with existing veteran providers, including supportive services for veteran families. Vanessa Finley, Executive Director of Homeward 2020, detailed the Coming Home Colorado Action Lab, which intends to fundamentally transform the way people are experiencing homelessness and will create a more streamlined and equitable system for housing access. Ms. Finley discussed the point-in-time count from January. The number of individuals surveyed decreased to about 290 this year from 301 last year and the number of individuals experiencing chronic homelessness has increased. Mayor Troxell commended the work and presentation as well as the more systemic approach. Councilmember Martinez asked how many homeless veterans are in the area. Sowder replied there were 37 in the point-in-time count and noted the goal is to find permanent supportive housing for 65 veterans in the area. Councilmember Stephens asked about the typical wait for housing. Sowder replied the current wait lists are up to two years; the coordinated assessment and housing placement system is intended to prioritize people by needs and personal choice. Councilmember Overbeck commended work on the item. Kurt Ravenschlag, Transfort Director, stated Council worked proactively during the last budgeting cycle to provide transportation solutions to Foothills Gateway, which is outside the Dial-a-Ride service area. A new shuttle service providing four daily trips servicing 25 to 30 clients directly to and from their homes has been added. Transfort was recognized by the Colorado Association of State Transit Agencies for providing the specialized service in 2015. In 2015, Transfort provided over 3.2 million passenger trips, a 25% increase and the operating expense per passenger decreased during the same time period. MAX ridership had a 70% increase in average daily boardings. Free rides will be offered on April 1 Councilmember Campana asked what how passenger boardings are counted. Ravenschlag replied boardings are counted by automatic passenger counters on each bus. Councilmember Campana asked how many of the rides are paid fees. Ravenschlag replied there is about a 20% revenue recovery for MAX and 94% of the 991,000 passenger boarding rides are paid, primarily because most of those riders are passholders. Councilmember Martinez asked what percentage of riders are CSU students. Ravenschlag replied on-board surveys will be collected; however, anecdotally, 60-70% of passengers are associated with CSU. COUNCILMEMBER REPORTS Mayor Troxell reported on the National League of Cities meeting in Washington, D.C., and discussed meetings with the Federal Highway Administration, Federal Railroad Administration, and the Federal Aviation Administration. Additionally, he reported on the Brookings Institution panel presentation relating to metropolitan areas and stated the Colorado Municipal League 1.1 Packet Pg. 24 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 394 delegation met with the intergovernmental agency of the White House to discuss criminal justice reform and opioids. He commended the Congressional delegation. Councilmember Cunniff reported on the Federal Railroad Administration regulations and prescription drug take-back programs. He reported on a meeting with the City of Washington, D.C. regarding its recycling programs. Councilmember Stephens reported on the Small Business Administration meeting at the National League of Cities, noting there are grants and funds available for small businesses. Mayor Pro Tem Horak reported on the train horn noise waiver and the rule being open and on discussions with the Congressional delegation regarding grants for I-25. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS DISCUSSION ITEMS 18. First Reading of Ordinance No. 040, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project. (Withdrawn) The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. 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 enhancements, utility improvements, and access control improvements. These improvements will be done in conjunction with the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on its property at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of ultimate road improvements adjacent to its development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way and temporary easements from approximately eight property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends 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 all property acquisitions for the Project only if such action is deemed necessary. RESULT: WITHDRAWN 19. Second Reading of Ordinance No. 030, 2016, Regarding Adoption of a New Article VIII of Chapter 5 of the Code of the City of Fort Collins Involving the Establishment and Resolution of Construction Defect Claims. (Adopted on Second Reading) This Ordinance, adopted on First Reading on March 1, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) amends City Code to clarify that the failure to substantially comply with 1.1 Packet Pg. 25 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 395 the City Building Code may not be used to support or prove any construction defect claim; to require provision of additional information to residential unit owners prior to any legal action involving a construction defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute resolution in a common interest community declaration that meets certain requirements. Tom Leeson, Community Development and Neighborhood Services Director, stated there were three items of discussion at the First Reading. First, a request to potentially look at a modification to section 3-52(a), to permit recovery of other financial damages or financial harm, such as damages resulting from a failure to meet energy standards set forth in the City building codes. He provided language for such an addition. Second, with regard to section 3-53(c), the informed consent portion, requires an HOA to get support from a majority of homeowners. Leeson stated staff has been unable to find a precedent for a lower threshold than a majority. Third, Council asked if there has been any empirical evidence of the impact of this type of ordinance in other communities. Leeson briefly reviewed information from other communities who have adopted similar ordinances. Eric Sutherland questioned the City pursuing a process which will be meaningless when reviewed by courts and opposed adoption of the Ordinance. Jen Bray, Affordable Housing Board, stated the Affordable Housing Board is in unanimous support of the Ordinance. Councilmember Cunniff asked if the voting threshold is the majority of a quorum or the majority of all ownership. Leeson replied that varies, as HOA boards are entitled to make certain decisions based on a majority of the board and, in some cases, the majority of ownership is used. Councilmember Cunniff asked if there is support for considering a different voting threshold. Councilmember Campana stated he supports the Ordinance as written. City Attorney Daggett suggested another method that could be used would be to require a certain percentage of eligible voters to submit an objection and prevent the HOA board from moving forward with action. Councilmember Campana stated a response should be in support of bringing a class action lawsuit, rather than a non-response being support. He did support the inclusion of the fifth clause regarding other financial losses as suggested by Councilmember Cunniff. Councilmember Campana made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 030, 2016, on Second Reading with the inclusion of the amendment in subsection 5-352(a)(5) regarding financial losses. Councilmember Cunniff expressed disagreement with using the majority of the ownership as the threshold and stated he would not support the motion. Councilmember Overbeck stated he would not support the motion. Mayor Troxell stated he would support the motion. Councilmember Stephens thanked Ms. Bray for her comments and stated this is a strong statement in support of affordable housing. 1.1 Packet Pg. 26 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 396 RESULT: ORDINANCE NO. 030, 2016, ADOPTED ON SECOND READING [5 TO 2] MOVER: Gino Campana, District 3 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 20. Resolution 2016-029 Authorizing the City Attorney to Join in Litigation in Support of the Environmental Protection Agency's Clean Power Plan Rule as an Amicus Curiae. (Adopted) The purpose of this item is to seek City Council approval of a Resolution authorizing the City Attorney to join, on behalf of the City, the Amicus Brief being prepared on behalf of multiple local governments, expressing support for implementation of the federal Clean Power Plan. Participation will allow Fort Collins to emphasize the vital nature of the Clean Power Plan rules for public health and welfare protections and the opportunity posed by our nation’s on-going transition to clean energy. Lucinda Smith, Environmental Services Director, discussed the Clean Power Plan, stating its goal is to reduce greenhouse gas emissions from power-generating sources; however, a stay has been issued in its implementation. The City has been invited to sign on to an Amicus Brief, which is a position statement by interested outside parties to be considered by the court. Staff recommends adoption of the Resolution as the City's Legislative Policy Agenda is in alignment with the Clean Power Plan. Mayor Pro Tem Horak stated the National League of Cities supports the brief and it advances the City's Climate Action Plan goals. Platte River Power Authority has not yet taken a position; however, it is moving forward under the assumption the Clean Power Plan will proceed at some date. Councilmember Campana asked when the brief is set to be presented. Smith replied the court case is scheduled in early June in the D.C. District Court and the brief is to be filed April 1. Councilmember Campana asked if support can be revoked if the brief contains comments the City does not agree with. Smith stated the basic concepts of the brief are what have allowed staff to support it, and the Resolution allows the City Attorney to withdraw support if evaluation by the City Attorney's Office finds it does not support legal arguments or is not in support of the City. City Attorney Daggett stated a large share of the brief will contain factual information from particular participating member entities and she does not anticipate it will deviate from the basic points outlined. Councilmember Campana expressed concern, as neighboring cities and the State of Colorado have opposed the plan. City Attorney Daggett stated staff will have a week to review the brief draft and stated if concerns arise, staff will communicate back with Council. Councilmember Campana continued to express concern regarding signing on to support something that has yet to be vetted by staff. 1.1 Packet Pg. 27 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 397 Councilmember Martinez agreed with Councilmember Campana's concerns and asked why other cities are opposing the plan. Mayor Pro Tem Horak replied no cities are in opposition; however, the other cities which are part of Platte River Power Authority have yet to decide to join in support. Councilmember Cunniff stated the Clean Power Plan is the kind of thing that is necessary at a national level in order for the nation to approach the kind of carbon goals adopted by Fort Collins and supported adoption of the Resolution given the timeline. Mayor Troxell noted Platte River Power Authority is proceeding with the assumption the Clean Power Plan will ultimately move forward and expressed support for the Resolution. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2016-029. Councilmember Martinez asked if there is a cost to the City to enter into this litigation. Smith replied there is no financial cost; however, there will be some staff time required for review of the brief. Councilmember Martinez asked if there is any harm in not supporting the brief. Deputy City Manager Mihelich stated Fort Collins is considered a nationwide leader in terms of climate action; therefore, having Fort Collins sign on to this moves it in a direction to move forward. Councilmember Overbeck stated he would support the Resolution as it is in alignment with the City's goals. RESULT: RESOLUTION 2016-029 ADOPTED [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak NAYS: Martinez, Campana CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 21. Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. (Adopted on First Reading) A. First Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. First Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. The purpose of this item is to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. 1.1 Packet Pg. 28 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 398 Eric Sutherland described his concerns regarding the strategy involved, legal difficulties of language that exist in the tax code, issues with the City Charter in interpreting what is in the tax code, and issues with sales tax disputes. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 031, 2016, on First Reading. Councilmember Campana asked about the status of reporting to Council and whether that has been formalized. Deputy City Manager Mihelich replied it will be formalized. Tiana Smith, City Revenue Manager, replied reporting will occur on a frequency yet to be determined, and that will be included in Second Reading. Councilmember Cunniff encouraged expeditious reporting and discussed differences between this and tax offshoring. RESULT: ORDINANCE NO. 031, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 032, 2016, on First Reading. RESULT: ORDINANCE NO. 032, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak OTHER BUSINESS Mayor Pro Tem Horak discussed the IRS asking water jurisdictions who give rebates over $600 to an individual in a year to provide them with a 1099 form. He received Council support to direct staff to look into the issue. Councilmember Campana discussed a January 27 memo regarding the digital sign code and violations due to the fact that digital signs are not manufactured to only display two colors. He received Council support to direct staff to examine the digital sign code and consider allowing full color. Councilmember Cunniff encouraged a high level of community outreach regarding the sign issue. Councilmember Campana discussed dialogue regarding the train horn waiver issue. Deputy City Manager Mihelich suggested outreach similar to that completed with NISP. 1.1 Packet Pg. 29 Attachment: March 15, 2016 (4302 : Minutes-3/15) March 15, 2016 City of Fort Collins Page 399 ADJOURNMENT The meeting adjourned at 9:01 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 30 Attachment: March 15, 2016 (4302 : Minutes-3/15) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer Rick Richter, Director of Infrastructure Services Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Road Right-of-Way Alignment. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Road. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Road in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Road intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (slope easements), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends 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 all property acquisitions for the Project, only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (PDF) 2. Ordinance No. 029, 2016 (PDF) 2 Packet Pg. 31 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer Rick Richter, Director of Infrastructure Services Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Road Right-of-Way Alignment. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Road. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Road in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Road intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends 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 all property acquisitions for the Project, only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The NECCO Project was designed to provide an outfall during storm events that will serve the area lying east of College Avenue and north of Vine Drive. The purpose of the project is to: Provide flood protection for public safety, human health, and welfare, Minimize risk of flood losses and reduce potential economic damage from floods, ATTACHMENT 1 2.1 Packet Pg. 32 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4286 : SR 029 NECCO Eminent Domain) Agenda Item 9 Item # 9 Page 2 Rehabilitate and enhance the natural and beneficial values of the floodplain by re-establishing flow connectivity and conveyance in the Lower Dry Creek watershed. The transportation network in the northeast part of Fort Collins has been in the planning process and on the City’s Master Street Plan for many years. Staff is currently working on the preliminary design for Suniga Road, realigned Lemay Avenue, and an alternatives analysis for the type of crossing where realigned Lemay Avenue intersects the Burlington Northern Santa Fe (BNSF) railway. Consistent with high priorities from the Capital Improvement Plan (CIP), this Council action will allow staff to start right-of-way and easement negotiations for: Suniga Road (formerly known as New Vine) from realigned Lemay Avenue to Redwood Street Realigned Lemay Avenue from Vine Drive to Conifer Street The necessary property interests include fee simple parcels for right-of-way and stormwater facilities, as well as, permanent and temporary easements. Given the construction schedule for the NECCO Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their properties. At these meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First reading of this Ordinance. CITY FINANCIAL IMPACTS The project is funded with local funds. The Utilities Department is allocating $8.8 million appropriated over two budget cycles for funding the design, permitting, easement acquisition, and construction phases. Currently $5.4 million is available in 2016 and the remaining $3.4 million will be available in 2017. The Engineering Department is working with $1.25 million of prior Council appropriations for the design, alternatives analysis, and right-of-way acquisition phases. Currently, no funding is allocated for construction of Suniga Road and realigned Lemay Avenue. PUBLIC OUTREACH An open house event was held on February 10, 2016. Vine / Lemay / BNSF Website: <http://www.fcgov.com/engineering/vine-lemay.php> ATTACHMENTS 1. Location map (PDF) 2. Sustainablilty Assessment Summary and Tool (PDF) 3. Public Meeting Summary, February 10, 2016 (PDF) 2.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4286 : SR 029 NECCO Eminent Domain) -1- ORDINANCE NO. 029, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTHEAST COLLEGE CORRIDOR OUTFALL PROJECT AND THE LEMAY AVENUE AND SUNIGA ROAD RIGHT-OF-WAY ALIGNMENT WHEREAS, the City is scheduled to begin construction on the Northeast College Corridor Outfall Project (the “Utility Project”) in 2016; and WHEREAS, the City is also designing the right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Road in accordance with the City’s Master Street Plan (the “Right-of-Way Project”); and WHEREAS, the alignments of the Utility Project and Right-of-Way Project overlap; and WHEREAS, the City desires to facilitate both projects by acquiring the property interests necessary to allow the Utility Project to proceed in a timely manner and procuring the right-of- way interests for the future construction of Lemay Avenue and Suniga Road at the same time; and WHERAS, the Utility Project will provide a regional stormwater outfall to serve the area lying east of College Avenue and north of Vine Drive; and WHEREAS, the Right-of-Way Project will design improvements to construct public infrastructure as part of Lemay Avenue and Suniga Road; and WHEREAS, it is necessary for the City to acquire certain property rights for the Projects as described on Exhibits “A” through “M”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the Property Rights include tracts of land to be acquired in fee simple for right-of-way and stormwater purposes; utility, drainage and slope easements; and temporary construction easements; and WHEREAS, the maximum slope in any of the slope easements would be no more than 4:1; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City’s best interest, and enhances public health, safety, and welfare; and 2.2 Packet Pg. 34 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) -2- WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby 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 is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the Projects. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 35 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU" 1BHFPG 2.2 Packet Pg. 36 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU" 1BHFPG 2.2 Packet Pg. 37 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU" 1BHFPG 2.2 Packet Pg. 38 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU# 1BHFPG 2.2 Packet Pg. 39 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU# 1BHFPG 2.2 Packet Pg. 40 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU#1BHFPG 2.2 Packet Pg. 41 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU$ 1BHFPG 2.2 Packet Pg. 42 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU$ 1BHFPG 2.2 Packet Pg. 43 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU$1BHFPG 2.2 Packet Pg. 44 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU% 1BHFPG 2.2 Packet Pg. 45 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU% 1BHFPG 2.2 Packet Pg. 46 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU% 1BHFPG 2.2 Packet Pg. 47 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU%1BHFPG 2.2 Packet Pg. 48 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU%1BHFPG 2.2 Packet Pg. 49 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU& 1BHFPG 2.2 Packet Pg. 50 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU& 1BHFPG 2.2 Packet Pg. 51 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU& 1BHFPG 2.2 Packet Pg. 52 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU&1BHFPG 2.2 Packet Pg. 53 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU' 1BHFPG 2.2 Packet Pg. 54 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU'1BHFPG 2.2 Packet Pg. 55 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU( 1BHFPG 2.2 Packet Pg. 56 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU(1BHFPG 2.2 Packet Pg. 57 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU) 1BHFPG 2.2 Packet Pg. 58 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU)1BHFPG 2.2 Packet Pg. 59 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU* 1BHFPG 2.2 Packet Pg. 60 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU*1BHFPG 2.2 Packet Pg. 61 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU+ 1BHFPG 2.2 Packet Pg. 62 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU+1BHFPG 2.2 Packet Pg. 63 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU, 1BHFPG 2.2 Packet Pg. 64 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU,1BHFPG 2.2 Packet Pg. 65 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU- 1BHFPG 2.2 Packet Pg. 66 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU-1BHFPG 2.2 Packet Pg. 67 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU. 1BHFPG 2.2 Packet Pg. 68 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) &YIJCJU.1BHFPG 2.2 Packet Pg. 69 Attachment: Ordinance No. 029, 2016 (4286 : SR 029 NECCO Eminent Domain) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Tiana Smith, Revenue and Project Manager SUBJECT Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. Second Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. These Ordinances, unanimously adopted on First Reading on March 15, 2016, amends City Code to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. For Second Reading, the Ordinances have been amended to reflect that in the event the City Manager approves the opinion of the Financial Officer, the City Manager shall notify City Council in writing of such settlement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 3 Packet Pg. 70 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Tiana Smith, Revenue and Project Manager SUBJECT Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. First Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. The purpose of this item is to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. STAFF RECOMMENDATION Staff recommends adoption of the both Ordinances on First Reading. BACKGROUND / DISCUSSION The City Charter generally, and the City Code more specifically, empower the City’s Financial Officer to administer the City’s collection of taxes. One of the specific powers granted in the Code authorizes the Financial Officer to waive the penalties and interest assessed by the City for the delinquent payment of sales and use taxes and lodging taxes, although the Financial Officer can only waive interest owed in excess of 6% per annum for delinquent lodging taxes. However, the Financial Officer has no express authority in the Code to waive the payment of sales, use and lodging taxes themselves as part of a compromise and settlement of a disputed tax claim. Recently, two Internet retailers approached the Sales Tax office to enter into “Voluntary Collection Agreements” under which they would begin remitting future sales and/or lodging taxes. In return, however, both retailers have asked to be released from any claims the City may have against them for past taxes. Collection of taxes by state and local governments from Internet retailers has been a contentious issue for many years because of the constitutional limitations the U.S. Supreme Court has placed on the ability of state and local governments to collect taxes from retailers who do not have a sufficient physical presence in a state. Consequently, having the opportunity to begin collecting future taxes from such retailers is a clear benefit to the City. Also, granting the Financial Officer the authority to enter into these and similar settlement ATTACHMENT 1 3.1 Packet Pg. 71 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4285 : SR 031 032 Sales/Lodging Tax Waivers) Agenda Item 7 Item # 7 Page 2 agreements may result in collecting taxes more quickly and without the cost and uncertainty of future tax hearings and litigation. If adopted, these ordinances will formalize the Financial Officer’s authority to enter into these and any future “Voluntary Collection Agreements” and to compromise and settle other disputed sales, use and lodging tax claims when there is good cause to do so. Both ordinances require the Financial Officer to file a written opinion for the compromise and settlement of all disputed sales, use and lodging tax claims. The Financial Officer will have the authority to settle claims for up to $100,000, but the City Manager’s approval will be required for claims involving $100,000 and those claims for which the amount in dispute cannot be reasonably determined. Also, a written settlement agreement entered into with the taxpayer will be required for all disputed claims settled that involve $2,500 or more and for those claims when the amount in dispute cannot be reasonably determined. CITY FINANCIAL IMPACTS There will be no immediate financial impact to the City, but the City’s ability to collect future taxes from the two Internet retailers will likely increase the City’s future tax revenues. BOARD / COMMISSION RECOMMENDATION At its February 22, 2016 meeting, the Council Finance Committee recommended approval of this Code change. ATTACHMENTS 1. Council Finance Committee Minutes, February 22, 2016 (draft) (PDF) 3.1 Packet Pg. 72 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4285 : SR 031 032 Sales/Lodging Tax Waivers) -1- ORDINANCE NO. 031, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 25-198 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE THE CITY’S FINANCIAL OFFICER TO COMPROMISE AND SETTLE CLAIMS THE CITY HAS AGAINST TAXPAYERS FOR THE PAYMENT OF SALES AND USE TAXES WHEREAS, in Article III of Chapter 25 of the City Code, the City imposes and provides for the collection of the City’s sales and use taxes and for the collection of interest and penalties for a taxpayer’s delinquent payment of those taxes (“Sales and Use Tax Code”); and WHEREAS, in Sections 21 and 22 of City Charter Article V, the City’s Financial Officer is generally empowered to administer the City’s collection of taxes and in the Sales and Use Tax Code the Financial Officer is granted specific powers to administer and collect the City’s sales and use taxes; and WHEREAS, one of these specific powers is granted in Section 25-198 of the Sales and Use Tax Code and it authorizes the Financial Officer to compromise and settle claims the City may have for interest and penalties arising from the delinquent payment of sales and use taxes, but the Sales and Use Tax Code does not currently authorize the Financial Officer to similarly compromise and settle claims the City may have for the delinquent taxes themselves; and WHEREAS, by specifically providing the Financial Officer with the authority to compromise and settle sales and use tax claims, this will allow the Financial Officer to evaluate those claims on a case-by-case basis to determine the legal and factual strengths and weaknesses of a particular City claim that is being disputed and to weigh whether the benefits gained by the compromise and settlement of that claim outweigh the cost of the collection process and the risks and costs of any resulting litigation; and WHEREAS, the reenacted Section 25-198 will require the Financial Officer to: (i) provide a written opinion for each compromised and settled claim explaining the “good cause” for that settlement and to retain that opinion in the files of Financial Services, (ii) require a written settlement agreement for all settled claims of $2,500 or more, and (iii) obtain the City Manager’s approval for all claims settled in excess of $100,000; and WHEREAS, the Council hereby finds that it is in the City’s best interest to repeal and reenact Section 25-198 in order to grant the Financial Officer this additional authority to settle disputed sales and use tax claims in an amount up to $100,000 and to settle such claims in excess of $100,000 with the City Manager’s approval. 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. Packet Pg. 73 -2- Section 2. That Section 25-198 of the Code of the City of Fort Collins is hereby repealed and reenacted to read in full as follows: Sec. 25-198. Compromise and Settlement by Financial Officer. (a) The Financial Officer may for good cause compromise and settle any actually assessed or potential claim to tax, penalties and interest due to the City under this article. Such good cause may include, without limitation, legal and factual considerations, considerations of fairness and justice, and the financial inability of the taxpayer to pay a greater amount. (b) The Financial Officer shall prepare and retain in the files of Financial Services for each settlement a written opinion explaining the good cause for the settlement. The opinion shall also include a statement of: (i) the amount of the tax, penalties and interest that were assessed or that could potentially be assessed; and (ii) the amount paid by the taxpayer in accordance with the terms of the settlement agreement. In a circumstance where the amount of the tax, penalties and interest that could potentially be assessed cannot be reasonably determined, the Financial Officer shall state in the written opinion the reason why these amounts cannot be reasonably determined. (c) Whenever a settlement by the Financial Officer results in a compromise of an assessed amount of $2,500 or more or for a potential claim the amount of which cannot be reasonably determined, a written settlement agreement between the City and the taxpayer shall be required as a condition of settlement. The fully executed settlement agreement shall be retained in the files of Financial Services together with the Financial Officer’s opinion. (d) Notwithstanding the foregoing, the Financial Officer may not compromise and settle a claim that waives more than $100,000 of assessed tax, penalties and interest or that waives an amount of tax, penalties and interest that could potentially be assessed but the amount of that assessment cannot be reasonably determined, unless the City Manager approves the Financial Officer’s written opinion. (e) In the event that the City Manager approves the opinion of the Financial Officer and enters into a settlement agreement as set forth above, the City Manager shall notify the City Council in writing of such settlement. Packet Pg. 74 -3- Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 75 -1- ORDINANCE NO. 032, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 25-284 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE THE CITY’S FINANCIAL OFFICER TO COMPROMISE AND SETTLE CLAIMS THE CITY HAS AGAINST TAXPAYERS FOR THE PAYMENT OF THE LODGING TAX WHEREAS, in Article IV of Chapter 25 of the City Code, the City imposes and provides for the collection of the City’s lodging tax and for the collection of interest and penalties for a taxpayer’s delinquent payment of this tax (“Lodging Tax Code”); and WHEREAS, in Sections 21 and 22 of City Charter Article V, the City’s Financial Officer is generally empowered to administer the City’s collection of taxes and in the Lodging Tax Code the Financial Officer is granted specific powers to administer and collect the City’s lodging tax; and WHEREAS, one of these specific powers is granted in Section 25-284 of the Lodging Tax Code and it authorizes the Financial Officer to compromise and settle claims the City may have for interest in excess of 6% per annum and penalties arising from the delinquent payment of the lodging tax, but the Lodging Tax Code does not currently authorize the Financial Officer to similarly compromise and settle claims the City may have for the delinquent tax itself; and WHEREAS, by specifically providing the Financial Officer with the authority to compromise and settle lodging tax claims, this will allow the Financial Officer to evaluate those claims on a case-by-case basis to determine the legal and factual strengths and weaknesses of a particular City claim that is being disputed and to weigh whether the benefits gained by the compromise and settlement of that claim outweigh the cost of the collection process and the risks and costs of any resulting litigation; and WHEREAS, the reenacted Section 25-284 will require the Financial Officer to: (i) provide a written opinion for each compromised and settled claim explaining the “good cause” for that settlement and to retain that opinion in the files of Financial Services, (ii) require a written settlement agreement for all settled claims of $2,500 or more, and (iii) obtain the City Manager’s approval for all claims settled in excess of $100,000; and WHEREAS, the Council hereby finds that it is in the City’s best interest to repeal and reenact Section 25-284 in order to grant the Financial Officer this additional authority to settle disputed lodging tax claims in an amount up to $100,000 and to settle such claims in excess of $100,000 with the City Manager’s approval. 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. Packet Pg. 76 -2- Section 2. That Section 25-284 of the Code of the City of Fort Collins is hereby repealed and reenacted to read in full as follows: Sec. 25-284. Compromise and Settlement by Financial Officer. (a) The Financial Officer may for good cause compromise and settle any actually assessed or potential claim to tax, penalties and interest due to the City under this article. Such good cause may include, without limitation, legal and factual considerations, considerations of fairness and justice, and the financial inability of the taxpayer to pay a greater amount. (b) The Financial Officer shall prepare and retain in the files of Financial Services for each settlement a written opinion explaining the good cause for the settlement. The opinion shall also include a statement of: (i) the amount of the tax, penalties and interest that were assessed or that could potentially be assessed; and (ii) the amount paid by the taxpayer in accordance with the terms of the settlement agreement. In a circumstance where the amount of the tax, penalties and interest that could potentially be assessed cannot be reasonably determined, the Financial Officer shall state in the written opinion the reason why these amounts cannot be reasonably determined. (c) Whenever a settlement by the Financial Officer results in a compromise of an assessed amount of $2,500 or more or for a potential claim the amount of which cannot be reasonably determined, a written settlement agreement between the City and the taxpayer shall be required as a condition of settlement. The fully executed settlement agreement shall be retained in the files of Financial Services together with the Financial Officer’s opinion. (d) Notwithstanding the foregoing, the Financial Officer may not compromise and settle a claim that waives more than $100,000 of assessed tax, penalties and interest or that waives an amount of tax, penalties and interest that could potentially be assessed but the amount of that assessment cannot be reasonably determined, unless the City Manager approves the Financial Officer’s written opinion. (e) In the event that the City Manager approves the opinion of the Financial Officer and enters into a settlement agreement as set forth above, the City Manager shall notify the City Council in writing of such settlement. Packet Pg. 77 -3- Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Jeremy Yonce, Police Lieutenant SUBJECT Second Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (PDF) 2. Ordinance No. 033, 2016 (PDF) 4 Packet Pg. 79 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Jeremy Yonce, Police Lieutenant SUBJECT First Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. EXECUTIVE SUMMARY The purpose of this item is to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Staff desires to make minor modifications to the current nuisance gathering provision in order to address loopholes that prevent enforcement in nonresidential neighborhoods, and in situations in which disruptive unlawful behaviors are occurring only on the property where the social gathering or party is occurring. The changes also seek to add marijuana offenses to the list of unlawful behaviors that trigger the nuisance gathering provision. The City’s nuisance gathering provision was adopted in 2005, and should be updated to address the nuisance behaviors resulting from such social gatherings or parties. The provision as written addresses specific unlawful behaviors and conditions that occur on neighboring public or private properties. However, as written, the ordinance: 1. Only applies when the party or social gathering is occurring at a residential property. 2. Only applies when the party or social gathering leads to unlawful conduct on neighboring public or private property, but does not address such conduct occurring on the property where the social gathering or party is occurring that negatively impacts the neighborhood. 3. Does not address unlawful sale, furnishing, possession or consumption of marijuana (as it was written before the legalization of medical and recreational marijuana). With these limitations, a private party or social gathering occurring on a commercial property, public property, neighborhood clubhouse, or other nonresidential event location would not be subject to the nuisance gathering provision, even if the gathering resulted in illegal and disruptive behaviors on neighboring public or private property (including residential property). Additionally, with these limitations, if any of the listed illegal or disruptive behaviors (such as fighting, urinating in public, unlawful consumption of alcohol, destruction of property, noise, etc.) were occurring only on the property where the social gathering or party was taking place, but were nonetheless disrupting the peace and enjoyment of neighboring properties, the Nuisance Gathering ordinance still would not apply. ATTACHMENT 1 4.1 Packet Pg. 80 Attachment: First Reading Agenda Item Summary, March 15, 2016 (4281 : SR 033 Nuisance Gathering Provision) Agenda Item 8 Item # 8 Page 2 The recommended minor modifications to the Nuisance Gathering Ordinance would: 1. Include social gatherings or parties at any private place (residential or non-residential). 2. Include illegal and disruptive behaviors that occur on the property at which the party or gathering is being conducted (as well as neighboring properties). 3. Include the unlawful sale, furnishing, possession or consumption of marijuana. CITY FINANCIAL IMPACTS There may be minor financial impacts to the Municipal Court and to City Attorney’s Office prosecutions staffing due to any increases in the number of nuisance gathering municipal citations being written by police officers. The level of impact will depend upon the level of enforcement activity. 4.1 Packet Pg. 81 Attachment: First Reading Agenda Item Summary, March 15, 2016 (4281 : SR 033 Nuisance Gathering Provision) -1- ORDINANCE NO. 033, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE NUISANCE GATHERING PROVISION WHEREAS, on March 1, 2005, City Council adopted Ordinance No. 019, 2005, which created a new misdemeanor criminal offense nuisance gathering provision directed at social gatherings or parties that occurred on residential premises and resulted in unlawful behaviors occurring on neighboring properties; and WHEREAS, over the years, law enforcement has been unable to cite the nuisance gathering provision in nonresidential neighborhoods, and in situations in which disruptive unlawful behaviors occurred only on the property where the party or social gathering took place; and WHEREAS, with these limitations, a private party or social gathering occurring on a commercial property, public property, in a neighborhood clubhouse, or in another nonresidential location would not be subject to the nuisance gathering provision, even if the gathering resulted in illegal and disruptive behaviors on neighboring public or private property; and WHEREAS, additionally, with these limitations, unlawful behaviors such as fighting, underage consumption of alcohol and destruction of property occurring only on the property where the party is occurring, even if proving to be disruptive to the peace and enjoyment of neighboring properties, would not violate the nuisance gathering provision; and WHEREAS, City staff recommends making minor modifications to the nuisance gathering provision to include social gatherings or parties that take place at non-residential properties as well as residential premises; and WHEREAS, staff also recommends expanding the nuisance gathering provision to include unlawful behaviors that occur on the property where the social gathering or party is occurring so that it is not limited to unlawful behaviors occurring on neighboring properties; and WHEREAS, staff recommends updating the unlawful behaviors to include marijuana offenses; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. 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. 4.2 Packet Pg. 82 Attachment: Ordinance No. 033, 2016 (4281 : SR 033 Nuisance Gathering Provision) -2- Section 2. That Section 17-130 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Private place” which reads in its entirety as follows: Private place shall mean a property, building or structure, owned, occupied or in use for private purposes, including, but not limited to, a home, apartment, condominium, place of business or employment, outdoor patio or yard, including any common areas or other dwelling units, or a hall or meeting space or privately reserved area within a public facility or property, whether occupied on a temporary or permanent basis, and whether occupied as a dwelling, or for a social function or other use, and whether owned, leased, rented or used with or without compensation. Private place does not include a liquor- licensed establishment when in operation pursuant to said liquor license. Section 3. That Section 17-131 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-131. - Nuisance gatherings. A social gathering or party which is conducted at a private place within the City and which, by reason of the conduct of those persons in attendance would: (1) In the judgment of a reasonable person, interfere with the enjoyment of life or property or disturb the peace of, a resident in the vicinity of the private place or a person passing by on the public streets, sidewalks and rights-of-way in the vicinity of the private place, and; (2) results in the occurrence of any one (1) or more of the following conditions or events at such private place where the gathering occurs or on any neighboring public or private property: (a) rioting; (b) the unlawful carrying or possessing of an open container of alcohol or fermented malt beverage in public; (c) the unlawful sale, furnishing, possession or consumption of alcohol or fermented malt beverages; (d) the unlawful consumption or possession of marijuana; (e) the unlawful transfer or display of marijuana; (f) public urination or defecation; (g) the unlawful deposit of trash or litter; 4.2 Packet Pg. 83 Attachment: Ordinance No. 033, 2016 (4281 : SR 033 Nuisance Gathering Provision) -3- (h) the unlawful destruction of property; (i) the generation of pedestrian or vehicular traffic, standing or parking which obstructs the flow of traffic or interferes with the ability to render emergency services; (j) excessive, unnecessary or unreasonable noise which disturbs the comfort, quiet or repose of the neighborhood, including public disturbances, brawls, fights or quarrels; or (k) conduct or condition which injures or endangers the safety or health of the neighborhood, or results in any indecent or obscene conduct, or results in any public nudity by persons attending the social gathering or party. Section 4. That Section 17-132 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-132. - Prohibited; penalty. (a) Any person being the owner, occupant, tenant or otherwise having any possessory control, individually or jointly with others, of any private place who either sponsors, conducts or hosts a social gathering or party and knowingly permits such social gathering or party to become a nuisance gathering as defined by § 17-131 is hereby deemed to have committed a misdemeanor and, upon conviction, shall be subject to the penalties as provided by § 1-15 of this Code, and may further be ordered, as a condition of any sentence, to pay the costs of abatement pursuant to § 17-133. In any prosecution for a violation of this Section, proof that the owner or tenant of the private place upon which the nuisance gathering occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the private place and sponsored, conducted or hosted the social gathering or party and knowingly permitted the violation to occur. . . . Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 84 Attachment: Ordinance No. 033, 2016 (4281 : SR 033 Nuisance Gathering Provision) -4- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 85 Attachment: Ordinance No. 033, 2016 (4281 : SR 033 Nuisance Gathering Provision) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist SUBJECT Second Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 2. Ordinance No. 034, 2016 (PDF) 5 Packet Pg. 86 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist SUBJECT First Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. EXECUTIVE SUMMARY The purpose of this item is to amend City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Following a City-commissioned feasibility study in 2000, City Council passed the Land Bank Ordinance in 2001 establishing the City’s Land Bank Program (Attachment 1). The primary goal of the program is to have an inventory of property available for the development of additional affordable housing units in the future. Land banking allows the City to acquire, hold, and eventually sell property for the sole purpose of assisting housing providers in providing affordable rental housing. This program is intended to serve low-wage earners that the real estate market does not serve well. While in general, the City considers housing serving households with incomes of no more than 80% area median income (AMI) to be affordable housing, the Land Bank Program standard is lower than that. Specifically, the Land Bank Ordinance requires development under the program to be targeted to rental households at or below 50% AMI and homeownership housing for households at or below 60% AMI. The City has entered into a partnership with the Fort Collins Housing Authority to develop the land bank parcel of 8.3 acres at 1506 West Horsetooth Road. City Council adopted Ordinance No.025, 2016, authorizing the conveyance of this land bank holding to the Fort Collins Housing Authority (FCHA) after 3 applicants competed for the development opportunity. The Ordinance states staff would bring forward an ordinance for City Council consideration that would amend the Land Bank Ordinance to permit rental housing affordable to households at 60% AMI under certain circumstances, which is the purpose of the Ordinance now proposed. The Request for Proposal (RFP) selection committee chose FCHA as the development partner for this parcel. FCHA’s proposal contained three alternative options, with the variables of demographic served, purchase price, and additional funding needed to build the development. (Attachment 2) The most favorable option to the City was Option 3. This option does not require additional federal grant dollars from the City; it provides units for households in the 30% AMI; and it offered a sales price close to 90% of the fair market value of the property. The preliminary conceptual proposal as submitted in the RFP process proposed 96 units of affordable rental housing with one to four bedrooms and community facilities, with density of 12 units per acre. ATTACHMENT 1 5.1 Packet Pg. 87 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4278 : SR 034 Land Bank Program) Agenda Item 9 Item # 9 Page 2 The AMI range in this proposal target households making no more than 60% AMI. However, since 46 of these units are targeted to no more than 30% AMI, the overall demographic composition of the community remains under 50% AMI, which is the standard set in the original ordinance. The pertinent City Code language establishing the Land Bank Program in 2001 set AMI targets as follows: Sec. 23-354. - Disposition of land bank property. In addition to the criteria established for the disposition of property in Article IV of this Chapter, no property acquired pursuant to this Article shall be sold by the City except in accordance with the following criteria: (1) Any disposition/sale of such property shall be to a housing provider legally bound to the City under the terms of such sale to provide rental housing for households at or below fifty (50) percent of AMI and/or homeownership housing for households at or below sixty (60) percent of AMI ("affordable housing") as the sole development purpose. Such sale shall not be made to any person for the purpose of land speculation or appreciation or for the development of nonresidential uses or the provision of market rate housing. While this City Code language has not changed from 2001, price escalation in both home sales prices and rental rates has caused an ever increasing demand for affordable housing. The Land Bank Program has served the City well in preserving development opportunities. Because the first land bank parcel is now being deployed, staff is reviewing the disposition criteria carefully. It is clear this program is designed to acquire and hold land for between 5-15 years, ultimately sell to a development partner, and recycle the sales proceeds into more land for the Land bank Program. Also, this program is designed to reach low wage earners who cannot rent market rate housing affordably. The concept is that the City discounts the sale price to the developer who can offer then resulting housing units at under market rates. Most market rate housing in Fort Collins targets households with incomes at or above 80% AMI. The proposed ordinance would amend Section 23-354 to keep the 50% AMI standard for rental housing but provide an exception for rental housing targeted to 60% AMI and lower as long as the overall affordability in the development averages less than 50% AMI. By providing limited flexibility to the AMI targets established for the Land Bank Program, the City improves the program by: Creating a larger range of income in the resulting community and serving the lowest and most difficult to house demographic; Lining up the AMI range permitted with the targets allowable for Low Income Housing Tax Credit programs which is how most affordable housing is being developed; Still providing under market rate housing for the future; Allowing the highest permissible purchase price for the land without committing additional City funding; and Maintaining the original intention of providing a community that serves people making an average of 50% AMI. This change brings immediate flexibility to the original program language. Since this is the first opportunity to develop pursuant to the Land bank Program criteria, staff believes additional changes could be considered. Staff intends to bring additional code changes for City Council consideration later in 2016 after a holistic review of the program is conducted. CITY FINANCIAL IMPACTS While the City will be paid close to $1.1 million for the parcel, this Ordinance change does not affect the City financially. 5.1 Packet Pg. 88 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4278 : SR 034 Land Bank Program) Agenda Item 9 Item # 9 Page 3 BOARD / COMMISSION RECOMMENDATION At its March 3, 2016, meeting, the Affordable Housing Board voted to recommend adoption of the City Code amendment to allow for housing up to 60% AMI when the average served by the overall community is no more than 50% AMI. (Attachment 4) PUBLIC OUTREACH While there has not been public outreach specifically on this proposed change, the Land Bank Program was part of the extensive outreach conducted on the 2015-2019 Affordable Housing Strategic Plan. The Land bank Program was also analyzed as part of the Housing Affordability Policy Study, which included extensive public outreach and engagement. ATTACHMENTS 1. Ordinance No. 048, 2001 (PDF) 2. Proposed Purchase Options (PDF) 3. Work Session Summary, September 8, 2015 (PDF) 4. Affordable Housing Board memo, March 3, 2016 (PDF) 5.1 Packet Pg. 89 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4278 : SR 034 Land Bank Program) -1- ORDINANCE NO. 034, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-354 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING INCOME TARGETS FOR THE LAND BANK PROGRAM WHEREAS, on April 17, 2001, the City Council adopted Ordinance No. 048, 2001, enacting Article XIII of Chapter 23 of the City Code (Sections 23-350 to 355) regarding land banking; and WHEREAS, the purpose of the land bank program is to enable to the City to acquire, hold and sell real property to assist housing providers in providing affordable rental and homeownership housing for low-income residents; and WHEREAS, Section 23-354 of the City Code currently requires that land bank property be conveyed only to a housing provider legally bound to the City to provide rental housing for households at or below 50% of area median income (“AMI”) and/or homeownership housing for households at or below 60% of AMI; and WHEREAS, in December 2015, the City issued a request for proposals to find a developer for the City’s land bank property on West Horsetooth Road (the “Property”); and WHEREAS, through that process the City selected the Housing Authority of the City of Fort Collins (“FCHA”) to purchase and develop the Property; and WHEREAS, FCHA’s preferred option for development of the Property, which is also the option City staff recommends, would include rental housing at 60% of AMI, although the average affordability level across the entire development would still be less than 50% of AMI; and WHEREAS, on January 26, 2016, the City Council adopted Resolution 2016-008 expressing the Council’s support for FCHA’s proposed project, including a willingness to amend the City Code to adjust the rental housing affordability requirements if necessary, and stating an intent to convey the Property to FCHA subject to the Council’s authorization by ordinance; and WHEREAS, on March 1, 2016, the City Council adopted Ordinance No. 025, 2016, authorizing the conveyance of the Property to FCHA; and WHEREAS, the City Council now wishes to amend Section 23-354 of the City Code to adjust the affordability requirements for rental housing developed on land-banked properties. 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. 5.2 Packet Pg. 90 Attachment: Ordinance No. 034, 2016 (4278 : SR 034 Land Bank Program) -2- Section 2. That Section 23-354 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-354. Disposition of land bank property. In addition to the criteria established for the disposition of property in Article IV of this Chapter, no property acquired pursuant to this Article shall be sold by the City except in accordance with the following criteria: (1) Any disposition/sale of such property shall be to a housing provider legally bound to the City under the terms of such sale to provide, as the sole development purpose, “affordable housing”, defined as: a. rental housing for households at or below fifty (50) percent of AMI, except that rental housing may be provided for households at up to sixty (60) percent of AMI so long as the average affordability of all rental housing developed on such property shall not exceed fifty (50) percent of AMI, and/or b. homeownership housing for households at or below sixty (60) percent of AMI. Such sale shall not be made to any person for the purpose of land speculation or appreciation or for the development of nonresidential uses or the provision of market rate housing. … Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 91 Attachment: Ordinance No. 034, 2016 (4278 : SR 034 Land Bank Program) -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 92 Attachment: Ordinance No. 034, 2016 (4278 : SR 034 Land Bank Program) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF John Phelan, Energy Services Manager SUBJECT Second Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, revises the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and clarifies interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 2. Ordinance No. 035, 2016 (PDF) 6 Packet Pg. 93 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. EXECUTIVE SUMMARY The purpose of this item is to revise the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and to clarify interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The On-Bill Financing (OBF) pilot program (also known as the Home Efficiency Loan Program) provides residential and certain commercial utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the Utilities’ efficiency and conservation efforts and the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Efficiency Plan. The OBF program was established by Ordinance No. 033, 2012, which revised language in Chapter 26 of the Municipal Code to enable Utilities to provide financing and on-bill servicing of loans for energy efficiency, water efficiency and renewable energy projects. The OBF program was launched in January 2013, and was reviewed by Council in August 2013, October 2014 and January 2015. Based on the participation to date, staff recommends increasing the maximum outstanding loan balance limit, revising the interest rate for loans based on the new funding and planning for a transition to third party capital. ATTACHMENT 1 6.1 Packet Pg. 94 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4284 : SR 035 On-Bill Financing) Agenda Item 10 Item # 10 Page 2 Increasing the maximum outstanding loan balance limit for Utilities reserve funds OBF loan balance monies come from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council previously authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Loan activity ramped up significantly in the second half of 2015 and continues into early 2016 (see chart below). Increased outreach to participating contractors, a focus on marketing to customers receiving efficiency audits and the low introductory interest rates all contributed to the ramp in loan activity. Based on a forecast from this recent activity, the outstanding loan limit is likely to be met by the end of March or soon after. Continuing this forecast and estimating the impacts of the Efficiency Works Neighborhoods pilot and recent solar contractor activity, the OBF program is likely to require an additional $800,000 in capital through the end of 2016. The program to date has seen 98% of the activity in energy loans. The proposed ordinance increases the maximum outstanding balance limit to $1.6M to account for the anticipated program activity in 2016. Revising On-bill Financing Interest Rates Under the current model, where loan capital is provided by Utilities reserve funds, the City has broad discretion for the setting of loan characteristics. The interest rate range is set by Council in the annual rate ordinances, while the City’s Financial Officer administratively adjusts the rate in coordination with Council. 6.1 Packet Pg. 95 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4284 : SR 035 On-Bill Financing) Agenda Item 10 Item # 10 Page 3 The rate ordinances define the allowable range of interest rates, currently set from 2.5% to 10%. This range was set based on a 2014 market analysis indicating similar programs have been successful with market rates in the 4.5% to 6.5% range. The lower end of this range at 2.5% was included, at Council direction, to support getting the program started with a favorable interest rate. The higher range was included to allow for flexibility moving forward and to accommodate changes in the financial marketplace. The Council Finance Committee provided direction in November 2014 that the City Financial Director set interest rates at the City’s cost of capital less 100 to 200 basis points. For the Council meetings in January and February of 2015, the recommended interest rate was 4%. During these meetings, Council provided direction to set the interest rate at 2.5% and also to extend the maximum loan term from 15 to 20 years. On February 22, 2016, staff presented to the Council Finance Committee the recommendations for the OBF capital funding and program interest rates. The Committee also clarified the intent to manage the available funds as a revolving loan fund over time, where repaid funds become immediately available for use by the on- bill financing program. Based on that discussion and Chief Financial Officer’s recommendation, staff is proposing that the interest rate for loans funded by the increase in capital be serviced with a 4% fixed interest rate. The proposed rate increase is to 0.75% above the U.S. Prime Lending Rate, as stated in the Wall Street Journal on November 1, 2015, which was at 3.25%. Staff further recommends annually using the U.S. Prime Lending Rate, as stated by the Wall Street Journal on November 1 of each year, as the benchmark for setting the interest rate for loans issued in the subsequent year. The proposed change in interest rate will better align loan rates with available market rates and will provide for testing of the interest rate as a driver for program participation. The timing of the current loan interest rate change does present challenges for communications and outreach, as Utilities has promoted the use of HELP loans for home efficiency and solar projects as well as the new Efficiency Works Neighborhoods pilot. Planning for Third Party Capital Sources The question of what comes next for sources of capital has been informally discussed over time. The proposed higher outstanding balance limit will, in effect, create a timeline for a project to recommend next steps for capital sources and loan options for customers. Based on the proposed new limit, an interdepartmental staff team will develop recommendations by late summer 2016 for implementation by the end of the year or sooner. Staff will charter a project team to research, identify and recommend options for consideration by Council to meet future capital requirements for HELP and the On-Bill Finance programs. The team will be comprised of staff from Utilities Resource Conservation, Utilities Finance, City Finance, the City Attorney’s Office and Sustainability Services. Team members also represent a number of Climate Action Plan strategic teams (Energy Efficiency, Financing and Climate Economy). The results of this team’s efforts will be presented to Council Finance and/or Council for consideration, including but not limited to: • Cost of capital to City, Utilities and/or loan recipients • Scalability • Impact on City or Utilities balance sheet • Legal review for servicing of loans on utility bills under a new structure • Characteristics of loan terms (e.g. qualifications, interest rates, loan term) • Relationship to existing and proposed efficiency and renewable energy programs and services. HELP loans currently support three different programs. All of the loan activity in 2015 can be attributed to the Efficiency Works Home (insulation, air sealing, windows, heating and cooling) and Solar Rebate (photovoltaic systems) programs. 6.1 Packet Pg. 96 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4284 : SR 035 On-Bill Financing) Agenda Item 10 Item # 10 Page 4 In January 2016, Utilities launched the Efficiency Works Neighborhoods program as a pilot, in coordination with Platte River Power Authority and the American Public Power Association. This program is piloting a number of innovations, including new segmentation and outreach, home efficiency packages with standardized pricing, streamlined project management services and integrated financing. Over 1500 customers have in specific neighborhoods are in the initial target group and have received information regarding all the program elements, including the current HELP loan terms. The pilot is scheduled through September 2016, and may continue as an ongoing program afterwards. The project team recommendations presented later in 2016 will include a recommended roadmap for all loan characteristics. Update on Billing System Customization for Tenant Billing Staff has been working with the software vendor for Utilities existing customer billing system (CIS) to develop a scope of work for a customization which would allow for “tenant billing.” The customization would allow for loans to be initiated by an owner of a residential or small commercial rental property. The payments for these loans would be charged on the utility bills of the current tenants of the property, who also receive the benefit of lower utility bills. The scope of work and software modification specifications were recently completed and “signed off” by both parties. As of March 1 Utilities is awaiting the cost estimate and proposed schedule from the software vendor. After receiving the estimate, staff will review and may be sending updated information to Council. While this effort has been developed, Utilities has also initiated a comprehensive review of options to determine the next steps for CIS, such as upgrading or replacing the software. Therefore, recommendations for potential investments in customization of the existing software will take into consideration these options. Relationship of Financing to Climate Action Plan The developing implementation plan to meet the 2020 CAP objectives includes expanded efficiency results, accounting for nearly 50% of the 2020 reduction target. It is expected that financing of energy efficiency will be a key tactic to reaching higher participation levels. It will be important to balance the requirements of financing partners with the expectations of customers. Efficiency Works Home retrofit projects, which are supported by the HELP loans, contributed over 8,000 metric tons of carbon reduction in 2014. The target for the CAP 2020 objectives would require an approximately 4x increase in results from residential programs, requiring reaching more customers and completing more comprehensive improvements saving both electricity and natural gas. Continuing to offer attractive financing is considered to be an important element for success moving forward. Over 60 loans have been completed to date, used primarily for home efficiency upgrades and with a few solar and water projects. The energy loans, taken as a group, are estimated to be saving 10% of the carbon emissions of these homes. This equates to 1.2 tons avoided per household and 72 annual tons per year. Including the lifetime savings of these improvements brings the customer cost to approximately $400 per ton carbon avoided. The improvements are also providing utility bill savings, comfort improvements and health and safety benefits. Because the loans are paid back to Utilities with interest by customers, the cost to Utilities from the HELP program is low to negligible. Program Development and Characteristics The OBF program was developed collaboratively by Utilities (Energy Services and Customer Finance (billing)), City Finance, and the City Attorney’s Office with assistance from the consulting firm Harcourt, Brown and Carey. The program was modeled after successful programs and is most succinctly described as a traditional loan program which is serviced by Utilities on customer’s monthly bills. Customers qualify based on their bill payment history and credit score, eligible projects are defined by Utilities incentive programs, and the loans are secured via a UCC lien filing recorded with Larimer County. 6.1 Packet Pg. 97 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4284 : SR 035 On-Bill Financing) Agenda Item 10 Item # 10 Page 5 The City Code changes adopted by Council in 2012 and 2015 authorize Utilities to provide financing services to meet the program deliverables. A key element of the program is that the loan payments are treated like any other element of a customer’s bill (e.g. electricity, water, wastewater and stormwater). With such treatment, loan payments are not differentiated from other services. Utilities normal and customary practices for non- payment apply, up to and including service disconnection. Utilities also has established rights under Section 26-718 of the City Code for collection of any past due amounts at a property time of sale, known as a “perpetual lien”. The program uses pre-existing standard capabilities of the Utilities billing system. Customer qualification and loan closing services are provided in partnership with a third party financial partner, EnergySmart Partners LLC. EnergySmart Partners is a subsidiary of the non-profit Funding Partners, a local Fort Collins Community Development Financial Institution. The interest rate range is defined in Utilities’ annual residential rate ordinances. The City Finance Department developed a set of rules and regulations for administrative implementation of the OBF program. The OBF capital comes from Light & Power and Water reserve funds, determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Loan Activity and Information As of March 1, 2016, total outstanding balance was $423k, with $192k preapproved. This is a total of $613k, leaving approximately $187k available for new loan projects. Based on end of 2015 data, the annual repayment amount would be approximately $50k annually and the dollar weighted average term is 12.4 years. Median term is 10 years. Average loan amount is $8,500. Approximately $110k has been repaid (or paid off) plus a modest amount of interest income has been collected since the program started. 98% of the outstanding program loan balance has come from the Light & Power fund. Loan Program Characteristics Attribute Notes Interest Rates Allowable range from 2.5-10% per proposed rate ordinance 2015 rate at 2.5% per direction from Council Customer qualification Minimum six months bill payment history Credit score minimum of 640 Fees Fees are cost based for services current fees of $25 for application, $150 for closing, $11 for recording Recording UCC filing recorded with Larimer County Loan term 5, 7, 10, 15, or 20 years Selected by applicant Customer eligibility Residential single family and townhome properties, small business customers (by owner), Rental properties (by owner) CITY FINANCIAL IMPACTS Increasing the maximum outstanding loan balance does not impact the Utilities budget, as the funds are not appropriated or expended. The increase does limit the liquidity of the Utilities reserve funds as the outstanding loan balance is not immediately available for other uses. Utilities Strategic Financial Manager and the City’s Chief Financial Officer are comfortable with this impact for the proposed amount. 6.1 Packet Pg. 98 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4284 : SR 035 On-Bill Financing) Agenda Item 10 Item # 10 Page 6 BOARD / COMMISSION RECOMMENDATION At its February 22, 2016 meeting, the Council Finance Committee discussed this topic and recommended it be brought forward for Council consideration. ATTACHMENTS 1. Council Finance Committee minutes, February 22, 2016 (draft) (PDF) 6.1 Packet Pg. 99 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4284 : SR 035 On-Bill Financing) -1- ORDINANCE NO. 035, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY ON-BILL UTILITY FINANCING TERMS AND INCREASE THE OUTSTANDING LOAN BALANCE AVAILABLE FOR THE ON-BILL UTILITY LOAN PROGRAM WHEREAS, the On-Bill Utility Financing (“OBF”) program (also known as the Home Efficiency Loan Program) was established by Ordinance No. 033, 2012, which amended Chapter 26 of the City Code to enable Fort Collins Utilities to offer financing and on-bill servicing of loans for residential energy efficiency, water efficiency and renewable energy upgrade projects; and WHEREAS, the OBF program provides low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements, in an effort to pursue Utilities’ efficiency and conservation efforts as well as policy goals from Plan Fort Collins, the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, the OBF program has been a valuable addition to Utilities' efficiency and renewable energy programs, which foster sustainability through reduced energy and water use, local contractor education and investment in the built environment, and improved home comfort, health and safety; and WHEREAS, on February 17, 2015, City Council adopted Ordinance No. 012, 2015, which expanded eligibility for OBF program participation to Utilities’ business customers, set the term for new loans at 20 years, and set a range of loan interest rates to be applied pursuant to procedures and standards adopted by the Financial Officer under Section 26-720 of the City Code; and WHEREAS, in prior budgets, budget exceptions and balance sheet reserve actions, City Council approved an outstanding balance of $800,000 for the OBF program to be drawn from Utilities Light & Power and Water reserve funds; and WHEREAS, OBF program activity significantly increased in the second half of 2015 and the first quarter of 2016, and forecasts estimate the existing outstanding program loan balance will be fully distributed by the end of March 2016, requiring an increase in available capital to accommodate new OBF program projects; and WHEREAS, in addition to historic OBF program activity, launch of the Efficiency Works Neighborhoods pilot and recent solar contractor activity require an additional allocation of capital to the OBF program through the end of 2016; and WHEREAS, based on current participation and increasing demand from recently- launched community programs, Utilities staff recommends City Council increase the allocated outstanding balance limit for the OBF program to $1,600,000; and 6.2 Packet Pg. 100 Attachment: Ordinance No. 035, 2016 (4284 : SR 035 On-Bill Financing) -2- WHEREAS, sufficient net operating revenue reserves budgeted in 2016 exist in the Electric Utility and Water Utility reserve funds to accommodate increase of the OBF program outstanding balance limit; and WHEREAS, on February 22, 2016, the Council Finance Committee expressed support for staff’s additional recommendation that the OBF program be managed as an ongoing revolving loan fund, where repaid loan capital is returned to and available for re-issuance through the OBF program; and WHEREAS, staff has also identified several instances in Chapter 26 of the City Code where clarification of the interest rate range for new loans is required to match the range approved by City Council in Ordinance No. 012, 2015; and WHEREAS, the City Council has determined it is desirable to maintain appropriate financing for the OBF program to provide flexibility in the administration of new loans and collection on existing loan projects, in furtherance of the benefits available to ratepayers through the OBF program; and WHEREAS, the City Council has further determined it is desirable to clarify in the City Code the expression of the approved interest rate range for new OBF program loans; and WHEREAS, Article XII of the City Charter authorizes City Council to expend net operating revenues of the City’s utilities for renewal, replacement, extraordinary repair, extension, improvement, enlargement, and betterment of such utilities, or other specific utility purposes determined by Council to be beneficial to the ratepayers of said utilities; and WHEREAS, Section 26-720 of the City Code authorizes the Financial Officer to formulate and promulgate rules and regulations for the administration of Chapter 26 with respect to credit and lending standards and rates and administrative practices for utility loan programs, which shall include efficiency-related conditions on loans for renewable energy development and utility loans terms of up to twenty (20) years. 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, for the reasons stated above, the City Council hereby finds and determines that the On-Bill Utility Financing Program as described herein will be for the betterment of the affected Utilities, and will be beneficial to the ratepayers of those Utilities and serve a public purpose. Section 3. That the outstanding available loan balance maximum for the On-Bill Utility Financing Program, as a portion of Electric Utility and Water Utility reserve funds, shall be ONE MILLION SIX HUNDRED THOUSAND dollars ($1,600,000). 6.2 Packet Pg. 101 Attachment: Ordinance No. 035, 2016 (4284 : SR 035 On-Bill Financing) -3- Section 4. That Sec. 26-129(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. Schedule D, miscellaneous fees and charges. . . . (f) The interest rate for water service-related loans shall be no less than two and five tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. . . . Section 5. That Sec. 26-289(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. Miscellaneous fees and charges. . . . . . . (6) Interest for wastewater service-related loans: 2.5%-10% per annum; to be set for new loans annually at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. . . . Section 6. That Section 26-464(q) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . 6.2 Packet Pg. 102 Attachment: Ordinance No. 035, 2016 (4284 : SR 035 On-Bill Financing) -4- (q) Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. . . . Section 7. That Section 26-465(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 8. That Section 26-466(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. General service, schedule GS. . . . 6.2 Packet Pg. 103 Attachment: Ordinance No. 035, 2016 (4284 : SR 035 On-Bill Financing) -5- (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 9. That Section 26-467(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 10. That Section 26-712(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-712. Miscellaneous fees and charges. . . . 6.2 Packet Pg. 104 Attachment: Ordinance No. 035, 2016 (4284 : SR 035 On-Bill Financing) -6- (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount … Interest rate for utility service-related loans: 2.5%-10% per annum; to be set annually for new loans at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720 . . . Other miscellaneous charges will be based on direct cost plus fifteen (15) percent indirect costs. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 105 Attachment: Ordinance No. 035, 2016 (4284 : SR 035 On-Bill Financing) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, annexes 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 2. Ordinance No. 036, 2016 (PDF) 7 Packet Pg. 106 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Maverik First Annexation. EXECUTIVE SUMMARY A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First Annexation. B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on three sides with the Interchange Business Park which was annexed in 2005. As a result, there is 36% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications Annexing this 1.26 acre parcel does not create (nor does it contribute to creating) an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its January 14, 2016, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the C-G, General Commercial ATTACHMENT 1 7.1 Packet Pg. 107 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4279 : SR 036 Maverik First Annexation) Agenda Item 11 Item # 11 Page 2 zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given the surrounding context of the Interchange Business Park, and the relatively small size of the parcel, there was no neighborhood meeting for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation narrative (PDF) 5. Annexation Petition (PDF) 7.1 Packet Pg. 108 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4279 : SR 036 Maverik First Annexation) -1- ORDINANCE NO. 036, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-015, finding substantial compliance and initiating annexation proceedings for the Maverik First Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-024 setting forth findings of fact and determinations regarding the Maverik First Annexation is being adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2016-015 and Resolution 2016-024 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 15, NORTH 89°15'00” EAST, A DISTANCE OF 1084.26 FEET; THENCE SOUTH 0°45'00” WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER 2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK; THENCE SOUTH 82°18'06” WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; 7.2 Packet Pg. 109 Attachment: Ordinance No. 036, 2016 (4279 : SR 036 Maverik First Annexation) -2- THENCE SOUTH 35°29'11” EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT CURVE; THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25°01'50”, HAVING A CHORD WHICH BEARS SOUTH 30°43'25” WEST, A DISTANCE OF 112.68 FEET; THENCE NORTH 35°26’29” WEST, A DISTANCE OF 141.57 FEET; THENCE SOUTH 54°19’21” WEST, A DISTANCE OF 83.26 FEET; THENCE NORTH 35°31’08” WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: THENCE NORTH 66°38'30” EAST, A DISTANCE OF 19.01 FEET; THENCE NORTH 82°18'06” EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING. CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS). is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Maverik First Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S, to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.2 Packet Pg. 110 Attachment: Ordinance No. 036, 2016 (4279 : SR 036 Maverik First Annexation) -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.2 Packet Pg. 111 Attachment: Ordinance No. 036, 2016 (4279 : SR 036 Maverik First Annexation) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, zones the property included in the Maverik First Annexation into the General Commercial zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 2. Ordinance No. 037, 2016 (PDF) 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. 8 Packet Pg. 112 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the Maverik First Annexation into the General Commercial zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is C-G, General Commercial, which conforms to the larger surrounding area known as the Interchange Business Park. Context The surrounding zoning and land uses are as follows: N: C Equipment Rental (Commercial, County) S: C-G Otter Box Warehouse E: C-G McDonald’s Restaurant W:C-G Air Care Colorado - Vehicle Emissions Testing I-25 Corridor Plan The parcel is located within the I-25 Corridor Plan, adopted in 2003 and covers the area along I-25 between County Roads 52 and 32. The Interchange Business Park, at the southeast quadrant of I-25 and State Highway 14, is designated as a Commercial Corridor. The Plan states: “The Commercial Corridors classification is intended to provide for a wide range of community and regional retail uses, as well as offices, business and personal services. The majority of Commercial Corridor areas, near the I-25/Mulberry Street interchange, are fully developed, whereas areas near the I-25/Prospect Road interchange are, for the most part, undeveloped. While this classification is typically the location for highway business and auto-related uses, it also presents opportunities over 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. ATTACHMENT 1 8.1 Packet Pg. 113 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4280 : SR 037 Maverik First Zoning) Agenda Item 12 Item # 12 Page 2 time to transform existing developed areas into mixed-use (including residential), multi-modal centers, concurring with the overall community vision for Fort Collins.” According to the I-25 Corridor Plan Land Use Map, the subject parcel should be placed into the C-G, General Commercial zone district. The proposed zoning, C-G, General Commercial, complies with the subarea plan. Zoning The proposed zoning for the subject annexation is C-G, General Commercial. This district is intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some Commercial District areas may continue to meet the need for auto- related and other auto-oriented uses, it is the City’s intent that the Commercial District emphasizes safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its January 14, 2016, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the C-G, General Commercial zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given the surrounding context of the Interchange Business Park, and the relatively small size of the parcel, there was no neighborhood meeting for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning map (PDF) 8.1 Packet Pg. 114 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4280 : SR 037 Maverik First Zoning) -1- ORDINANCE NO. 037, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, the City Council has determined that the proposed zoning of the Maverik First Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Maverik First Annexation to the City of Fort Collins, Colorado, in the General Commercial (“C-G”) Zone District, which property (the “Property”) is more particularly described as: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 15, NORTH 89°15'00” EAST, A DISTANCE OF 1084.26 FEET; 8.2 Packet Pg. 115 Attachment: Ordinance No. 037, 2016 (4280 : SR 037 Maverik First Zoning) -2- THENCE SOUTH 0°45'00” WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER 2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK; THENCE SOUTH 82°18'06” WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; THENCE SOUTH 35°29'11” EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT CURVE; THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25°01'50”, HAVING A CHORD WHICH BEARS SOUTH 30°43'25” WEST, A DISTANCE OF 112.68 FEET; THENCE NORTH 35°26’29” WEST, A DISTANCE OF 141.57 FEET; THENCE SOUTH 54°19’21” WEST, A DISTANCE OF 83.26 FEET; THENCE NORTH 35°31’08” WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: THENCE NORTH 66°38'30” EAST, A DISTANCE OF 19.01 FEET; THENCE NORTH 82°18'06” EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING. CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS). Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property is not included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk 8.2 Packet Pg. 116 Attachment: Ordinance No. 037, 2016 (4280 : SR 037 Maverik First Zoning) -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk 8.2 Packet Pg. 117 Attachment: Ordinance No. 037, 2016 (4280 : SR 037 Maverik First Zoning) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Carol Webb, Water Resources/Treatmnt Opns Mgr Mark Kempton, Water Production Manager SUBJECT Second Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, authorizes the conveyance of an access easement on City property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel, upstream from the Water Treatment Plant #1 property. The property was purchased in 1977 in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance authorizes City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 2. Ordinance No. 038, 2016 (PDF) 9 Packet Pg. 118 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Carol Webb, Water Resources/Treatmnt Opns Mgr Mark Kempton, Water Production Manager SUBJECT First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of an access easement on City Property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was purchased in 1977, in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The location of the Harper property lies within a basin area which has been of concern to the City since the 2012 fires because of erosion and water quality impairment. This basin area, known as Unnamed 3 and Unnamed 2b were heavily affected by the 2012 wildfires. This basin was targeted for restoration through the High Park Fire NRCS-Emergency Watershed Protection program in 2013-2014, but the majority of restoration in the lower basin was not able to be completed by the program end date. The Coalition for the Poudre River Watershed (CPRW), of which the City is a partner, completed restoration work in surrounding areas; however, they were unable to restore this particular basin area due to landowners’ concerns regarding granting access for the work. During a site visit with the property owner, Utilities staff discussed the driveway encroachment, alternatives, and the need for restoration of the area to protect the City’s water supply from excessive sediment. The encroaching driveway was found to not increase the erosion hazard in the area of concern, but the construction of a new driveway in a different location would likely create new, significant erosion hazards. CPRW completed an assessment and identified the need for additional stream channel and gully restoration and road realignment needs within the basin, including Mr. Harper’s property. The work proposed by CPRW is capable of retaining 34 tons of sediment within the basin thus reducing future deposition in the Poudre River. Funding to complete this work on the Harper property is currently available through CPRW. Staff determined that the greatest benefit to the City would be to keep the existing driveway in the constructed location and for ATTACHMENT 1 9.1 Packet Pg. 119 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4283 : SR 038 WTP Harper Easement) Agenda Item 13 Item # 13 Page 2 the property owner to facilitate agreements with CPRW and his neighboring property owners within the basin area to complete additional post-fire restoration projects within the basin. Since the initial site visit, Mr. Harper has engaged with neighboring property owners to restart discussions about the basin restoration needs with CPRW. CITY FINANCIAL IMPACTS Along with facilitating the discussions between area owners and CPRW, the property owner has agreed to pay the City an amount of $500 for the permanent access easement, along with a $1,000 fee to cover Real Estate Services staff time to process the request. The compensation for the easement was determined by contacting a local real estate appraiser and using comparable market data. BOARD / COMMISSION RECOMMENDATION At its February 18, 2016, meeting, the Water Board voted unanimously to recommend approval of the conveyance of the access easement on City Property to Peter and Crystal Harper, consistent with staff's recommendation. ATTACHMENTS 1. Easement Request Location map (PDF) 2. Location Map of Basin Area (PDF) 3. Easement Request Location photo (PDF) 4. Water Board minutes, February 18, 2016 (draft) (PDF) 5. Sustainability Assessment Tool (DOCX) 9.1 Packet Pg. 120 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4283 : SR 038 WTP Harper Easement) -1- ORDINANCE NO. 038, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON CITY PROPERTY TO PETER AND CRYSTAL HARPER WHEREAS, the City is the owner of a parcel of land located in Larimer County, Colorado as described on Exhibit “A”, attached and incorporated herein by reference (the “City Property”); and WHEREAS, the City Property is on Highway 14 near the Poudre River, upstream from the City’s Water Treatment Plant #1 property, and was purchased in order to help the City’s water utility manage and protect the quality of the City’s water supply; and WHEREAS, Peter and Crystal Harper (the “Harpers”), who own a parcel of land adjacent to the City Property, recently discovered that the driveway to their property encroaches on the City Property; and WHEREAS, the Harpers have requested an easement from the City that would allow their driveway to remain in the present location, rather than excavate a new driveway; and WHEREAS, City staff has investigated the situation and possible alternatives, and concluded that the present location of the driveway does not increase the erosion risk on the City Property, but excavating a new driveway in an alternate location would create new, significant erosion hazards; and WHEREAS, the proposed access easement is described on Exhibit “B”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the Harpers would pay $500 as compensation for the Easement, as well as a $1,000 fee to cover Real Estate Services time spent processing the easement request; and WHEREAS, in addition, the Harpers have been cooperating with the Coalition for the Poudre River Watershed (CPRW) in allowing post-fire restoration work to be performed on the Harpers’ property, and have also been facilitating discussions between CPRW and other property owners in the same basin area; and WHEREAS, CPRW’s restoration work in this basin will further protect the City’s water supply from erosion, and City staff appreciates the Harpers’ assistance in this regard; and WHEREAS, at its regular meeting on February 18, 2016, the Water Board voted to recommend approval of the Easement to the Harpers; and WHEREAS, Section 23-111 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 9.2 Packet Pg. 121 Attachment: Ordinance No. 038, 2016 (4283 : SR 038 WTP Harper Easement) -2- City and, with respect to property that is part of the City’s water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to the Harpers as provided herein is in the best interests of the City, will not materially impair the viability of the City’s water system as a whole, and will be for the benefit of the citizens of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the Harpers 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 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 9.2 Packet Pg. 122 Attachment: Ordinance No. 038, 2016 (4283 : SR 038 WTP Harper Easement) Exhibit “A” City Property Parcel Number: 08052-00-906 Legal Description (Per County Assessor): E 1/2 OF NW 1/4, NW 1/4 OF NE 1/4; LESS 936-39; ALSO POR SW 1/4 OF NE 1/4 DESC IN 1744-770 9.2 Packet Pg. 123 Attachment: Ordinance No. 038, 2016 (4283 : SR 038 WTP Harper Easement) PLS Group a"d.b.a"of"PLS"Corporation" Surveying • Consulting 6843 North Franklin Avenue • Loveland • Colorado 80538 970.669.2100 CO • 970.669.3652 Fax Description: A portion of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado being described as the West 120.00 feet of the South 70.00 feet of the East 187.00 feet of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado, being more particularly described as follows: COMMENCE at the Southeast corner of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado; thence S 88°57’31” W for a distance of 67.00 feet along the South line of said East 1/2 to the POINT OF BEGINNING; thence continue S 88°57’31” W for a distance of 120.00 feet along said South line; thence N 00°48’13” W for a distance of 70.00 feet parallel with the East line of the aforesaid East 1/2 of the Northwest 1/4 of Section 5; thence N 88°57’31” E for a distance of 120.00 feet parallel with aforesaid South line of the East 1/2; thence S 00°48’13” E for a distance of 70.00 feet parallel with aforesaid East line of the East 1/2 to the Point of Beginning; Containing 8,400 square feet, more or less, and being subject to any easements or rights of way of record. This description was created on March 1, 2016 by M. Bryan Short, Licensed Colorado PLS No. 32444. Exhibit B 9.2 Packet Pg. 124 Attachment: Ordinance No. 038, 2016 (4283 : SR 038 WTP Harper Easement) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Josh Birks, Economic Health Director Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 15, 2016, appropriates funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance appropriates $150,000 of City funds from General Fund Reserves and also appropriates another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (CDOT). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the Developer) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT intergovernmental agreement that will both be needed to facilitate this additional funding. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF) 2. Ordinance No. 039, 2016 (PDF) 10 Packet Pg. 125 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Josh Birks, Economic Health Director Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance will appropriate $150,000 of City funds from General Fund Reserves and will also appropriate another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (“CDOT”). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the “Developer”) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The City’s contribution through this appropriation will support: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 2. Disrupting the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoiding future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improving safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT IGA that will both be needed to facilitate this additional funding. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION As part of the Redevelopment and Reimbursement Agreement (the “Agreement”) for the Foothills Mall Redevelopment, the Developer is obligated to construct the pedestrian underpass at Foothills Parkway and College Avenue (the previous alignment of Larimer County Canal No. 2 an irrigation ditch). ATTACHMENT 1 10.1 Packet Pg. 126 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4282 : SR 039 Foothills Underpass) Agenda Item 6 Item # 6 Page 2 The Developer intended to reuse the existing Larimer County Canal No. 2 bridge across College Avenue after relocating the irrigation ditch to facilitate construction of the pedestrian underpass. The construction of the underpass is within CDOT’s rights-of-way and requires approval from that agency. Soon after the execution of the Agreement, construction commenced on the Larimer County Canal No. 2 realignment–an associated project. Field inspections determined the actual depth of a large CenturyLink fiber optic and copper pair line as well as a City electric line within College Avenue right-of-way. The field inspection determined that these two utility lines were two feet shallower than previous estimates and were in direct conflict with the required 8-foot clearance height for the pedestrian underpass. The CenturyLink fiber optic and copper pair line is a major regional utility serving much of northern Colorado. There were discussions of lowering the line to accommodate the underpass; however, cost and age of the utility line make that option infeasible. The Developer originally presented a design that would replace the Larimer County Canal No. 2 bridge structure with a new structure only under the north bound lanes of College Avenue to accommodate the shallow depth of the two utility lines. The original design kept the existing bridge structure under the south bound lanes of College Avenue. The existing south bound bridge portion was built in the early 1970s with an estimated remaining life expectancy of 10 to 15 years. The bridge will be part of CDOT’s bridge inventory and will remain their responsibility to maintain and replace in the future, if necessary. The City will have responsibility to maintain the pedestrian facilities approaching and within the underpass. Proposed Underpass Design The current underpass design includes a twelve foot wide pedestrian path for the entire length of the tunnel structure. The clearance height will generally remain eight feet except for the portion of the structure that travels over the two utility lines where the floor will raise reducing clearance to seven feet four inches. The proposed alignment follows the original path of the Larimer County Canal No. 2, which includes a kink beneath the north bound lanes. Despite the kink, a sight-line remains through the entire tunnel structure to the opposite end allowing for a pedestrian or bicyclist entering the tunnel to see daylight on the other side, as shown in Attachment 1. In addition, the bridge and entrance design will include some minimal design features. These features will include: use of previously acquired Art in Public Places concrete forms on the entrance walls to provide relief and texture; and landscaping around the entrances. The interior of the tunnel will comply with City standards including the required lighting and paint. Table 1 below provides an overview and comparison of the previous design and the current proposal. Table 1 Design & Construction Comparison Description Original Design Proposed Design Vertical Clearance Minimum 7’ 4” 7’ 4” Underpass Alignment Existing Alignment Partial Kink Existing Alignment Partial Kink Bridge Demolition North Bound Only Both Directions Appropriation Request: After months of discussion between the Developer, the City, and CDOT, it was determined that although reusing the existing bridge structure underneath the south bound lanes may be viable, the better decision would be to replace the entire bridge structure. The existing Larimer County Canal No. 2 bridge structure would be replaced, in this option, by a new concrete box structure underneath both north and south bound 10.1 Packet Pg. 127 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4282 : SR 039 Foothills Underpass) Agenda Item 6 Item # 6 Page 3 lanes. This option avoids the need to replace a portion of the bridge structure (underneath the south bound lanes) in the near future (10 to 15 years). Replacing the entire bridge structure with a new concrete box costs more than originally estimated for the underpass, approximately $600,000 more. Benefits of the proposed design include: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 2. Disrupts the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoids future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improves safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The additional cost provides benefit to the City, CDOT, and the Developer. Therefore, it is the recommendation of City staff to participate in this added cost. The Developer is requesting the City agree to fund $150,000 of the remaining $300,000 with the Developer contributing an additional $150,000 to fund the increased costs. Table 2 shows the breakdown of funding contributions by entity, including the Foothills Metro District, CDOT, City, and Developer. As the table shows, the requested City contribution will fund approximately 6 percent of the total underpass construction cost. However, it should be noted that the Developer will contribute approximately 14 percent or $322,000 towards the total cost of constructing the underpass; this amount includes the additional $150,000 needed to replace the entire bridge as well as funds already contributed towards the construction of the underpass. These funds come from the Developer’s equity and construction financing and exceed the Foothills Metro District contribution of $1.6 million, as shown. Table 2 Construction Cost Description Amount Percentage Metro District Funds $1,579,979 67% CDOT Contribution $300,000 13% Requested City Contribution $150,000 6% Subtotal $2,029,979 86% Developer Contribution $321,824 14% Total Cost $2,351,803 100% Amendment to the Agreement An amendment to the Agreement will be required in order to provide additional funding to the pedestrian underpass project. City staff has begun to develop a potential amendment; however, all the details of that amendment have not yet been negotiated with the Developer, but the Ordinance provides that the City’s expenditure of the City’s $150,000 will be conditioned on the City and the Developer entering into the needed amendment approved by the City Manager and it authorizes the City Manager to enter into that amendment after consultation with the City Attorney. This amendment to the Agreement will include the following: 10.1 Packet Pg. 128 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4282 : SR 039 Foothills Underpass) Agenda Item 6 Item # 6 Page 4 Stipulate a date certain for completion of the project – currently estimated to be October 15, 2016 (Attachment 2); Require liquidated damages charged daily for failure to complete the project by the given date – amount to be negotiated; Stipulate the City funds will be applied only after all other funds have been expended – the City funds should be the last in; and Describe the process by which the City will review and approve the design, construction costs, and use of contingency funds. Finally, CDOT has indicated a preference to have their contribution of $300,000 flow through the City under the CDOT IGA. Therefore, the Ordinance also appropriates these anticipated funds from CDOT. In addition, the Ordinance authorizes the City Manager to enter into the CDOT IGA after consultation with the City Attorney. City staff will be preparing this IGA for execution by the City Manager. CITY FINANCIAL IMPACTS This Ordinance appropriates the $150,000 from the City’s General Fund Reserves for the purpose of supporting the construction of the pedestrian underpass at Foothills Parkway and College Avenue. The $150,000 is a direct cost to the City and reduces the General Fund Reserve proportionally. However, participating in constructing the underpass as proposed replaces an aging bridge structure. The City would incur costs in the future associated with replacing the bridge structure at the end of its useful life, estimated at 10 to 15 years. BOARD / COMMISSION RECOMMENDATION The Council Mall Redevelopment Committee reviewed the proposed appropriate and recommended the item be brought before the full City Council for consideration. No other board or commission outreach was conducted due to time constraints. PUBLIC OUTREACH No public outreach was conducted due to time constraints. ATTACHMENTS 1. Tunnel Line of Sight Drawing (PDF) 2. Underpass Timeline (PDF) 10.1 Packet Pg. 129 Attachment: First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (4282 : SR 039 Foothills Underpass) -1- ORDINANCE NO. 039, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND UNANTICIPATED REVENUE IN THE GENERAL FUND FOR CONSTRUCTION OF A PEDESTRIAN UNDERPASS AT FOOTHILLS PARKWAY AND COLLEGE AVENUE AS PART OF THE FOOTHILLS MALL REDEVELOPMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO RELATED AGREEMENTS WHEREAS, the City of Fort Collins (the “City”) and Walton Foothills Holdings VI, L.L.C. (the “Developer”) entered into a Redevelopment and Reimbursement Agreement (the “Agreement”) for the Foothills Mall Redevelopment; and WHEREAS, the Developer is obligated under the Agreement to construct a pedestrian underpass at Foothills Parkway and College Avenue (the “Underpass”); and WHEREAS, the cost to construct the Underpass has exceeded the original cost estimated by $600,000; and WHEREAS, the Colorado Department of Transportation (“CDO”) has agreed to fund $300,000 of this cost overrun through an intergovernmental agreement with the City (the “CDOT IGA”) and the Developer and the City will each pay $150,000 of the cost overruns under an amendment to the Agreement; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, 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 9 of the City Charter further authorizes 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 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for expenditure from the General Fund for the City’s contribution to the construction of the Underpass. 10.2 Packet Pg. 130 Attachment: Ordinance No. 039, 2016 (4282 : SR 039 Foothills Underpass) -2- Section 3. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000) the City will receive from CDOT under the CDOT IGA, representing CDOT’s contribution for the construction of the Underpass. Section 4. Notwithstanding the foregoing, this total $450,000 appropriated amount shall only be expended by the City in accordance with a written amendment to the Agreement and the CDOT IGA. Section 5. That the City Manager is hereby authorized to enter into a written amendment to the Agreement and the CDOT IGA on the City’s behalf, after consultation with the City Attorney, provided that the same shall be consistent with the terms of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 10.2 Packet Pg. 131 Attachment: Ordinance No. 039, 2016 (4282 : SR 039 Foothills Underpass) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 040, 2016, Reappropriating Funds Previously Appropriated in 2015 But Not Expended and Not Encumbered in 2015. EXECUTIVE SUMMARY City Council authorized expenditures in 2015 for various purposes. Some of these authorized expenditures were not spent or could not be encumbered in 2015 because: there was not sufficient time to complete bidding in 2015 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, or the project for which the dollars were originally appropriated by Council could not be completed during 2015 and reappropriation of those dollars is necessary for completion of the project in 2016. The other unexpended funds are needed to carry on programs, services, and facility improvements in 2016 with unspent dollars previously appropriated in 2015 for these purposes. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2015 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: General Fund $ 1,102,694 Golf Fund 40,329 Keep Fort Collins Great Fund 1,027,535 Light & Power Fund 276,088 Recreation Fund 91,260 Transportation Fund 84,209 Utility CS&A Fund 187,000 $ 2,809,115 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 11 Packet Pg. 132 Agenda Item 11 Item # 11 Page 2 BACKGROUND / DISCUSSION GENERAL FUND Cultural Services/Gardens 1. Community Garden - $20,000 Purpose for funds: Funds are to be used to build a new community garden. Reason funds not expensed in 2015: A new community garden application process was created in the spring and summer of 2015 and implemented in the fall. As results from the application process were not known until December, garden construction was delayed until 2016. Environmental Services 2. Air Quality and Greenhouse Gas Data - $17,500 Purpose for funds: To complete project work associated with 2015 work plans. The reappropriated funds will be used to continue work initiated in 2015 related to the assessment of the City's greenhouse gas inventory, and specifically to investigate alternative (or additional) options for accounting for greenhouse gas emissions in the community and the municipality, e.g., consumption-based inventories. This work will be accomplished using additional resources including consultants and/or an hourly program intern to conduct best practice research and to refine the existing database to adapt the 2015 inventory. Reason funds not expensed in 2015: Funds were not fully expended for the database development due to transitions in staffing in 2015. 3. Air Quality Programs - $25,536 Purpose for funds: To complete project work associated with 2015 Work Plans. The reappropriated funds will be used to provide continued support of the air quality programs, including working with state agencies to attain the ozone health standard and protect air quality, increasing outreach and education on ozone issues to empower citizens to reduce ozone precursor emissions, and addressing impacts to air quality from fugitive dust. This work will be accomplished using reappropriated resources, including funding an hourly program assistant or intern, purchasing safety equipment and air monitoring equipment. Reason funds not expensed in 2015: Funds were not fully expended for completing air quality programs due to vacancy in two staff positions in 2015 plus the unanticipated amount of staff work on the Climate Action Plan. 4. Green Building - Continued Implementation of the Roadmap - $4,000 Purpose for funds: To complete project work associated with 2015 Work Plans. In 2013, the City updated the 2007 Roadmap for Coordinated and Enhanced Green Building Services, and a Green Built Environment Program Coordinator was funded in the 2015-2016 BFO Cycle to implement this roadmap. The Roadmap identified a number of opportunities for improving key strategies and processes related to green building. The funds requested will be used for consulting fees associated with the implementation phase of this project. Reason funds not expensed in 2015: Due to the vacancy of the Green Built Environment position until June 2015, the implementation phase of the project was delayed. 5. Green to Gold Bag Shredder - $2,992 Purpose for funds: The Green to Gold offer targeted purchasing equipment and services to enhance the Municipal organization's ability to achieve the targeted sustainability goals and lead by example in relation to 11 Packet Pg. 133 Agenda Item 11 Item # 11 Page 3 the community's climate action commitments. A bag shredding unit is required to complete the functionality of equipment purchased to meet the composting and carbon goals. Reason funds not expensed in 2015: Funding was not fully expensed in 2015 as staff was waiting for bids on different units and to get clarification on regulations for the structural unit surrounding the original unit. 6. Healthy Sustainable Homes - $1,337 Purpose for funds: To complete project work associated with 2015 work plans. The reappropriated funds will be used to support the materials necessary to address the backlog of home assessments associated with the Healthy Sustainable Homes initiative, including CO Detectors, radon test kits, and other important supporting materials associated with the assessments. Reason funds not expensed in 2015: Funds were not fully expended for these materials in 2015 due to an end- of-year emphasis on advertising on radon plus the unanticipated amount of staff work on the Climate Action Plan. 7. Rivendell Recycling Center Pavement Repair - $11,551 Purpose for funds: To be used for pavement repair at existing recycling drop-off center site. This is required upon vacating the property prior to moving to new site on Timberline Road. Reason funds not expensed in 2015: The funds could not be fully expended in 2015 because of the shifting timeline for moving the recycling center to Timberline site. 8. Waste Reduction and Recycling Programs - $10,000 Purpose for funds: Programs that deliver information to the public about recycling, including guidelines on how to prepare materials for recycling, where to take materials to be recycled, and activities/outreach events are funded by these funds. Specifically targeted audiences for outreach include the business community and multi-family residents, through the WRAP (Waste Reduction and Recycling Assistance Program), and represent a primary focus for improving participation in recycling that will help meet the community's goals for diverting waste from landfill disposal. Reason funds not expensed in 2015: Due to the extra/unanticipated amount of work required for two major assignments (development of a Community Recycling Ordinance, and collaboration with the Downtown Development Authority on construction of a special trash/recycling enclosure on Montezuma/Fuller Alley), fewer hours of staff time were available for implementing other important projects and outreach. In particular, implementation projects in the Waste Reduction and Recycling Assistance Program (WRAP) that were originally planned for 2015 will need to be completed in 2016 instead. FC Moves 9. Lincoln Plan Neighborhood Projects - $279,800 Purpose for funds: These funds provide for the design and construction of neighborhood projects identified in the Lincoln Corridor Plan. The projects are generally located within the Northside Neighborhoods (Buckingham, Andersonville, San Cristo/Via Lopez, and Alta Vista. Staff has been coordinating design and implementation of the projects with a Neighborhood Advisory Committee comprised of neighborhood residents. Reason funds not expensed in 2015: These projects are intended to be a two-year effort, including design and construction of projects on varying timelines. Of the ten funded neighborhood projects, 5 have been completed or are nearing completion. The project funds must be reappropriated to 2016 in order to complete the remaining projects. 11 Packet Pg. 134 Agenda Item 11 Item # 11 Page 4 Human Resources 10. Human Resources Software Migration - $130,000 Purpose for funds: Through BFO 2015-2016, Enhancement offer 6.4 was purchased to fund an HR Technology Upgrade. This request for funds will reappropriate dedicated funding for the performance software implementation, licensing and additional costs associated with data migration. Reason funds not expensed in 2015: Due to work load and competing priority projects, Human Resources was not able to implement the learning or performance modules as anticipated. In December 2015, a contract with the vendor was signed to begin the Learning module implementation in February 2016. It is anticipated that implementation of the Performance module will begin in July 2016. Municipal Court 11. Court Appointed Counsel Expenses - $10,262 Purpose for funds: In 2015, the Municipal Judge ordered court-appointed attorneys assigned to represent several different defendants whose cases began in 2015 and have yet to be concluded. The fee paid for such representation is billed at the rate of $75/hour up to a maximum of $1,675 if the case does not go to trial or $2,480 if the case goes to trial. Staff requests the above amount be reappropriated into the same fund account for 2016. Reason funds not expensed in 2015: Due to the complexity of and circumstances related to the defense cases involved with these appointments and the fact that dispositions for the cases involved have not yet been reached or were reached in late December 2015, the assigned defense attorneys have either not yet presented the Court with bills or will present the Court with bills once final sentencing has been completed. Natural Areas 12. Instream Flow - $88,200 Purpose for funds: The purpose of this offer was to fund a water consultant for a period of two years to continue work on instream flow strategies and to initiate a program to address environmental flows and ecological connectivity within the urban reach of the Cache la Poudre River. Several water diversion structures within the urban reach have been identified as key structures to address by a previous River Operations Study. Owners of the key structures have been contacted to discuss potential modifications to the structures to allow for fish and water passage. The first project is under construction by North Poudre Irrigation Company and the Fossil Creek Inlet Structure and is expected to be completed in 2016. Preliminary engineering options are being evaluated at the Timnath Inlet owned by the New Cache la Poudre Irrigation Company and the Watson Lake diversion owned by Colorado Parks and Wildlife. Reason funds not expensed in 2015: Natural Areas is working with two existing ditch companies and Colorado Parks and Wildlife to modify existing diversion structures to allow for fish and water passage. One fish passage structure has been constructed on the Fossil Creek Reservoir Inlet Ditch and the water measuring device will be designed and installed in 2016. This project was delayed due to high river flows in 2015. Natural Areas will reimburse North Poudre for the fish passage structure upon completion of the work (up to $30,000). A preliminary design on the Timnath Inlet Diversion (New Cache Irrigating Company) is 80% complete and discussions with New Cache continue to refine the design options. Delays were caused by engineering issues involving floodplain management and water conveyance through the ditch's delivery canal. If an agreement with the Ditch Company is finalized, final engineering design and permitting will occur in 2016 and construction is planned for 2017-18. Last, Natural Areas has initiated a project with Colorado Parks and Wildlife on the Watson Lake/Fish Hatchery Diversion. Natural Areas filed a water rights change case on Box Elder Ditch and Coy Ditch shares it owns. While the primary purpose of the change case is related to an 11 Packet Pg. 135 Agenda Item 11 Item # 11 Page 5 augmentation plan needed to manage several existing wetlands along the Cache la Poudre, an additional beneficial use is for instream flow purposes. This case is still progressing through the Water Court process. 13. Northern Integrated Supply Project Response - $24,500 Purpose for funds: These funds are being used to support the City's evaluation of the Northern Integrated Supply Project Supplemental Draft Environmental Impact Statement (NISP SDEIS). This evaluation focuses on the impact to City's assets and is dependent on a complex and lengthy federal process. The City's work related to this also includes establishing our own scientific perspective on river function, condition and impact of NISP to water-related infrastructure. In 2016 staff plans to use the remainder of these funds to partially fund the 2016 State of the Poudre health assessment and report. This is an appropriate use of these funds because this condition assessment will inform our future engagement in NISP (both future iterations of the EIS as well as dialog around mitigation). There is a direct link between current condition, desired condition for a resilient river and post-NISP conditions and the City’s ability to positively influence NISP having this information. Reason funds not expensed in 2015: These funds were not completely used in 2015 because the process is ongoing and far from complete. These funds are being used to support the City's evaluation of the Northern Integrated Supply Project Supplemental Draft Environmental Impact Statement (NISP SDEIS). This evaluation focuses on the impact to City's assets as well as potential future mitigation and is dependent on a complex and lengthy federal process. The City's work related to this also includes establishing our own scientific perspective on river function, condition and impact of NISP to water-related infrastructure. In 2016 we plan to use a portion of these funds to partially fund the 2016 State of the Poudre health assessment and report. The condition assessment will inform our future engagement in NISP (both future iterations of the EIS as well as mitigation processes). Operation Services 14. Remodel Creamery Laboratory Building at 212 Laporte Avenue - $127,957 Purpose for funds: The historic Creamery Laboratory building located at 212 Laporte Avenue has been moved; however, a tenant has not been selected. When the tenant and use has been determined, these funds will complete the project. Reason funds not expensed in 2015: The request for proposal process to determine a possible tenant was carried into 2016. Therefore no improvements could be made until a tenant is selected. Parks 15. Median Renovations and Lifecycle - $95,079 Purpose for funds: The funds requested will be reappropriated for median renovations and lifecycle projects in 2016. Reason funds not expensed in 2015: The funds were initially intended to be used for the Horsetooth/Lemay median renovation project completed in December 2015. The project bid came in under estimate; therefore, these funds were not needed for the project. Lifecycle funds of $89,633 that were set aside for this project and the remaining renovation funds of $5,446 will be used on the next lifecycle and median renovation projects. 16. Parks Lifecycle Project (General Fund portion) - $50,000 Purpose for funds: The funds requested will be reappropriated for lifecycle projects that were planned, but not encumbered or completed in 2015. Funds will be spent on Park Shop lobby waiting area renovations of $20,000, Louden Ditch improvements of $11,872, and the remaining balance of $75,336 will be combined with 2016 funds to replace playground equipment at Avery Park. 11 Packet Pg. 136 Agenda Item 11 Item # 11 Page 6 Reason funds not expensed in 2015: Projects were not encumbered or completed due to quotes/bids for projects not being available until late December and needing 2016 funds for the Avery playground project. PDT Administration 17. Special Event Permit Software - Special Events Coordinator Program - $55,000 Purpose for funds: The Special Event Coordinator (SEC) program has identified the research, purchase, and implementation of an online special event permit application as a critical path need for the efficient operation of City programs and services. Updating and automating the City’s special event permit process is a primary deliverable identified in the 2015-2016 BFO Offer creating the program. The SEC has worked with IT staff to explore the feasibility of developing an in-house, online permit system, however, it has been determined that identifying and purchasing a special event permit product from an outside vendor will be more efficient, timely, and cost effective. The reappropriation of $55,000 in unexpended 2015 funds into the 2016 SEC budget is requested for this purpose. Reason funds not expensed in 2015: The Special Event Coordinator funds were not fully expended in 2015 due to program launch scheduling. Social Sustainability 18. Affordable Housing Fund - $148,980 Purpose for funds: The Affordable Housing Funds are allocated annually to support critical affordable housing needs in the City of Fort Collins. They were awarded in the City's annual Competitive Process to housing service providers to further the goals identified in the City’s Affordable Housing Strategic Plan. The second reading of the ordinance approving the allocation of the funds occurred on May 19, 2015. Any unallocated funds are intended to accumulate in the fund to meet future affordable housing needs. Reason funds not expensed in 2015: Although the funds were committed, it is not always possible to negotiate and complete project contracts prior to the year end, which means that POs cannot be established. Some funds are allocated as match funding for projects receiving federal HOME/CDBG dollars. Under federal guidelines, these projects cannot be contracted until all CDBG/HOME requirements have been met. The HBA program is a City managed program, funds dedicated to that program are not contracted or have purchase orders; rather, they are tied to closing as individual loans are approved. From the time of initial funding commitments to completions of development, most housing projects take multiple years to complete. GOLF FUND Parks 19. Golf Projects - $40,329 Purpose for funds: Funds will be used to complete the Golf branding project started in 2015, replace SouthRidge driving range equipment, replace carpeting, furnace and ventilation system at City Park Nine. Reason funds not expensed in 2015: The branding project has been completed, but not all bills have been received totaling $16,899. Early snow in December prevented the SouthRidge driving range from being repaired for $11,032. Quotes for carpet replacement were received too late to create purchase order for $6,836. The furnace and ventilation project did not have sufficient appropriations available to begin the project and funds will be combined with 2016 funds to complete the project of $5,562. 11 Packet Pg. 137 Agenda Item 11 Item # 11 Page 7 KEEP FORT COLLINS GREAT (KFCG) FUND Communications & Public Involvement Office 20. Public Engagement Staff Training - $10,000 Purpose for funds: In cooperation with HR, the funding will be used for International Association for Public Participation (IAP2) Training. IAP2 is a course that can help employees to better engage with their communities and provides tools that align with Public Engagement and the role of connecting with hard to reach people. Reason funds not expensed in 2015: KFCG funding from 2015 was earmarked to assist in the continuation of this course, but due to year end timing, the contract could not be completed before the end of the year despite an approval from all parties involved. The project is moving forward in 2016 with a contract in place in January. Community Development & Neighborhood Services 21. Historic Survey Grant Request - $39,170 Purpose for funds: These funds are used as matching funds for historic preservation grant projects. The major sources for grant revenues are the State Historical Fund and Certified Local Government programs. The Historic Preservation Division typically receives two to four dollars for each dollar of City funds. Reason funds not expensed in 2015: Grant matching funds are used primarily for State Historical Fund (SHF) and Certified Local Government (CLG) grants. Because of the 9 -10 month time lag between grant application, at which time the matching funds are committed, and awarding and contracting with the State, at which time the funds are encumbered, the monies allocated in one year will nearly always need to be reallocated for actual expenditure in the following year. Current grant commitments include a SHF grant of $35,000 towards a survey of the Westside Neighborhood’s Loomis Addition with the remainder supporting CLG grants for Council directed additional property surveys. 22. Landmark Rehabilitation Loans - $28,525 Purpose for funds: Established by Council in 1994 with adoption of Chapter 14, Article V of the Municipal Code, the Landmark Rehabilitation Loan Program is a critical financial program for encouraging the protection and revitalization of historic residential and commercial buildings, most notably within the Downtown and Old Town Neighborhoods. The program is very popular with the public and the demand for funding grows every year. The Rehabilitation Loan Program is a revolving loan program. Owners of historic landmarks can apply for up to $7,500 in zero-interest loan funds, which they must match with an equal or greater amount of private funds. Loans are repaid through the sale or transfer of the property, and upon repayment, the funds return to the program for further distribution. Reason funds not expensed in 2015: Applicants receiving loans have up to two years to complete the rehabilitation work. There is frequently a time differential of from one to two years between when the loan is awarded, at which time the funds are committed, and the completion of the work, at which time the funds are released. For this reason, the monies allocated in one year will nearly always need to be reallocated for actual expenditure. 11 Packet Pg. 138 Agenda Item 11 Item # 11 Page 8 Environmental Services 23. Environmental Services Innovation Fund - $8,963 Purpose for funds: The Innovation Fund is dedicated to piloting projects and procedures throughout the City's buildings and properties that are not otherwise funded. Funds will be used to continue the Living Wall Project. Select projects in past years have yielded $3 million in savings and 58,590 metric tons of carbon emission reductions. The projects allow staff to showcase ideas for the business and residential community. Reason funds not expensed in 2015: Funds for the Living Wall have been allocated but were not used in 2015 because of difficulty selecting a visible suitable site and construction delays with the Utilities Administrative Building. Staff anticipates a final site to be identified in 2016. 24. Montezuma Fuller Alley Shared Trash/Recycling Enclosure - $17,277 Purpose for funds: Funds were allocated for building a trash/recycling enclosure in the Montezuma Fuller Alley that would be used by the businesses adjacent to that alley. The enclosure would allow for removal of dumpsters from the right-of-way in the alley, allow businesses to recycle that currently don't have space for a recycling bin, and improve the visual aesthetic of the alley. Reason funds not expensed in 2015: Additional feedback from project stakeholders resulted in project delay. FC Moves 25. Bicycle and Pedestrian Safety Town - $26,395 Purpose for funds: This funding will support the design and construction of a public Bicycle and Pedestrian Safety Town, a recommendation of the City’s 2011 Bicycle Safety Education Plan. A Safety Town is a “miniature city,” which includes elements such as streets, bike lanes, sidewalks, traffic signs and signals. Families, adults, and children will be able use the facility to practice skills and participate in classes hosted by the City and community partners. Reason funds not expensed in 2015: Safety Town funds were not fully expended in 2015 as site selection is still in process. Once the Safety Town location is confirmed, staff will be able to move forward with design and phasing plans, with the goal of implementing at least some features later in 2016. 26. Metropolitan Planning Organization Annual Local Match - $27,551 Purpose for funds: These funds are based on estimated annual local match due to the North Front Range Metropolitan Planning Organization (NFRMPO). Membership is required in order to secure regional, state, and federal transportation funds and for ensuring consistency between local and regional plans. Reason funds not expensed in 2015: The required local match is allocated based on jurisdictional population. For each budgeting cycle, the NFRMPO provides an estimate of the annual match. In 2015, the local match billed to the City was less than the estimate for the year; however, in 2016 the NFRMPO Council voted to fund a reserve with unallocated local matches. As a result, reappropriation of un-invoiced funds from 2015 is required to fully fund the 2016 local match invoice. Natural Areas 27. Ecological Response Model - $44,552 Purpose for funds: These funds are being used to support the development of the Ecological Response Model for the Poudre River. The report and first version of the model are complete (early 2015) and were used in the 11 Packet Pg. 139 Agenda Item 11 Item # 11 Page 9 City's evaluation and response to the Northern Integrated Supply Project Supplemental Draft Environmental Impact Statement (NISP SDEIS). As well, in staff’s analysis of the NISP SDEIS subsequent model runs and new components analysis were conducted with these funds as new information became available. Staff anticipates using the remainder of these funds for the same contractor to update the model or run new analysis as yet more information becomes available through the federal EIS process allowing us to scientifically evaluate the results of subsequent SDEIS results. Reason funds not expensed in 2015: These funds were not completely used in 2015 because the timeframe of staff’s analyses is dependent on the federal timeframe and process. The release of a quality analysis and new information is taking years to complete and staff’s comparison and evaluation with the Eco-Response Model parallels this process. 28. Land Improvement - $225,492 Purpose for funds: This offer was funded to support extensive ecological restoration of the Poudre River floodplain and channel improvements for the purpose improving wildlife habitat and restoring biodiversity. Due to the complexity and scale of this work, Natural Areas requested funds and received $125k/year to support and match Natural Areas funding. The primary work intended include restoration planning and construction of restoration at Kingfisher Point Natural Area. Reason funds not expensed in 2015: The conceptual restoration plan for Kingfisher Point was completed in 2015. The plan identifies the Timnath Inlet Ditch as an area requiring retrofit to connect the River and support fish passage. This effort has made progress and currently is in design. The remainder of the overall restoration design hinges on the outcome of the Ditch retrofit design. Thus, final design for the entire site will be completed by late summer/early fall. Final design and (certainly) construction will not be complete by the end of 2016. In the meantime, during summer/fall of 2016 staff expects to construct 2-3 acres of new wetlands at the site that do not require the final design to be complete. 29. Northern Integrated Supply Project Supplemental and Mitigation - $73,000 Purpose for funds: These funds are being used to support the City's evaluation of the Northern Integrated Supply Project Supplemental Draft Environmental Impact Statement (NISP SDEIS). This evaluation focuses on the impact to City's assets and is dependent on a complex and lengthy federal process. The City's work related to this also includes establishing staff’s own scientific perspective on River function, condition and impact of NISP to water-related infrastructure. In 2016 staff plans to use a portion of these funds to partially fund the 2016 State of the Poudre health assessment and report. This is an appropriate use of these funds because this condition assessment will inform staff’s future engagement in NISP (both future iterations of the as well as mitigation processes). Reason funds not expensed in 2015: These funds were not completely used in 2015 because the process is ongoing and far from complete. In the near term staff will need these funds to support objective analysis, preparations and engagement in the next phase of NISP permitting (such as mitigation, and ecological and water quality analyses, and legal counsel). Operation Services 30. Fossil Creek Park Lighting Retrofit - $15,800 Purpose for funds: This project was to replace the HID (high intensity discharge) lights at Fossil Creek Park with LED. LED lights use less energy and require less maintenance. Reason funds not expensed in 2015: The new LED lighting fixtures arrived in late 2015 and it was discovered they would not work with existing light poles. They had to be returned and replaced with fixtures that work with the existing poles. This request for $15,800 is to pay for the labor needed to complete the project. 11 Packet Pg. 140 Agenda Item 11 Item # 11 Page 10 Parks 31. Parks Lifecycle Project (KFCG Fund portion) - $51,302 Purpose for funds: The funds requested will be reappropriated for lifecycle projects that were planned, but not encumbered or completed in 2015. Funds will be spent on Park Shop lobby waiting area renovations of $20,000, Louden ditch improvements of $11,872, and the remaining balance of $75,336 will be combined with 2016 funds to replace playground equipment at Avery Park. Reason funds not expensed in 2015: Projects were not encumbered or completed due to quotes/bids for projects not being available until late December and needing 2016 funds for the Avery playground project. 32. Southeast Community Park Equipment - $116,000 Purpose for funds: The reappropriated funds will be used to purchase equipment for the new Southeast Community Park. Reason funds not expensed in 2015: These funds were not spent in 2015 due to the construction of the park being delayed until 2016. Recreation 33. Foothills Activity Center Security Cameras - $16,096 Purpose for funds: These funds will be used for the necessary server, software, and security cameras to be installed at the Foothills Activity Center (FAC). Reason funds not expensed in 2015: Several construction delays occurred during 2015, postponing the opening of the FAC. Installation of technology and cameras will take place once the facility is open. Streets 34. College Avenue Concrete Work - $326,872 Purpose for funds: College Avenue is owned by the Colorado Department of Transportation (CDOT). However, minor maintenance is performed by the City of Fort Collins between Grape Street and Harmony Road. CDOT is resurfacing College Avenue between Mulberry Street and Harmony Road in 2016. The project commenced in 2015 but will be completed this year. The offer was a collaboration proposal between CDOT, Streets and Engineering departments. In regard to concrete, CDOT is planning to perform only minimal levels of concrete repair, addressing pedestrian access ramps and major curb and gutter drainage issues only. This was to enable the Streets and Engineering departments to look at the concrete repairs from a holistic standpoint. As a result, the City will perform other curb and gutter repairs, enhance and repair sidewalk and medians, and complete any missing sidewalk segments. CDOT considers the curb, gutter and sidewalks to be the maintenance responsibility of the City. Reason funds not expensed in 2015: College Avenue concrete improvements were started by the Streets Department in 2015; however, CDOT delayed its repaving efforts until 2016. Paving will occur between Mulberry Street and Harmony Road. The remaining funds from the 2015 budget cycle needs to be moved forward into 2016 in order to complete the remaining work and also coincide with CDOT's efforts. 11 Packet Pg. 141 Agenda Item 11 Item # 11 Page 11 LIGHT & POWER FUND Light & Power 35. Broadband Strategic Work - $151,088 Purpose for funds: The Broadband Strategic Plan work includes feasibility analysis, market demand study, communication and a complete strategic plan for recommendation(s). Funds will be used for consulting services (Uptown Services, Inc.) and to assist in costs for the expert review panel and communications. Reason funds not expensed in 2015: The City issued a ballot question on November 2015 to ask the community to overturn SB05-152, which restricts municipality’s ability to provide direct or indirect telecommunication services. Due to the Fair Campaign Practice Act, city staff was not allowed to use staff time, resources or funds to advocate for the passage or defeat of a measure once ballot language was set by City Council on August 18, 2015. There were delays due to the August-November 2015 silent period. 36. Low Income Solar - $125,000 Purpose for funds: Council approved funds for 2015 and 2016 supporting a low income solar program (BFO Offer 59.2 in Environmental Health). After stakeholder discussions and with the benefit of matching funds from the Colorado Energy Office, a low income solar array is in planning to be constructed in 2016. Reason funds not expensed in 2015: This request is to reappropriate 2015 funds to be combined with 2016 funds to complete construction of a 190 kW low income solar project in 2016. RECREATION FUND Recreation 37. Foothills Activity Center Information Technology - $53,600 Purpose for funds: These funds will be used to complete the IT and internal costs associated with opening the Foothills Activity Center (FAC), as well as providing for the increased monthly cost of wireless and communications services. Reason funds not expensed in 2015: Several construction delays occurred during 2015, postponing the opening of the FAC. As of January 2016 the building is substantially complete and the internal work of connecting the facility to the City's IT and Recreation software has begun. 38. Senior Center Endowment Facility Improvements - $37,660 Purpose for funds: Ordinance No. 062, 2015 appropriated $50,000 from the endowment provided by the Paul N. Gwyn estate for enhancements to the Senior Center. This is the remaining amount of the appropriation and will be utilized for renewing areas of the facility that were not included in the recent expansion project. Reason funds not expensed in 2015: In 2015 two senior staff members retired, impacting the ability from a staffing standpoint to pursue some of the planned improvements. In addition, remaining staff were deeply involved in pursuing the national distinction for accreditation of senior centers. Accreditation anticipated the spring of 2016. 11 Packet Pg. 142 Agenda Item 11 Item # 11 Page 12 TRANSPORTATION FUND FC Moves 39. West Elizabeth Enhanced Travel Corridor Plan - $11,929 Purpose for funds: These funds provide for consulting services and other project expenses required for the development of the West Elizabeth Enhanced Travel Corridor Plan. The Plan will direct investment in multimodal infrastructure along and around West Elizabeth Street as a part of a larger network of corridors identified by the 2011 Transportation Master Plan. Reason funds not expensed in 2015: The majority of appropriated project funds have been encumbered for professional consulting services; however, the portion of the funds not encumbered have been intentionally set aside to provide for other project expenses. These include open houses, marketing materials, printing costs, and other expenses associated with development of the Plan. Reappropriation of these funds to 2016 is necessary because the planning process extends beyond the 2015 fiscal year. Streets 40. Harmony Park & Ride Regional Match - $72,280 Purpose for funds: The 2015-2016 funding received through the BFO process included increased maintenance of an expanded parking area as well as a restroom facility that the City of Fort Collins was to install either in 2015 or 2016. The Harmony Transfer Center Park & Ride is owned by CDOT and maintained by the City via an IGA. The Harmony Transfer Center serves a variety of travel modes: carpoolers, shuttle riders to and from Denver International Airport, as well as hikers and bicyclists. Working closely with CDOT, City Natural Areas and key stakeholders, staff will select a site at or near the Arapaho Bend trailhead area to install a restroom similar in nature to those at other natural areas in the City. Project construction is scheduled to be completed in 2016. Reason funds not expensed in 2015: Minimal project funds were expended in 2015 to determine feasibility of location, design, and construction. Remaining 2015 funds are requested in order to complete construction of the restroom facility. The restroom project was delayed due to negotiations with CDOT about use and future footprint of the Harmony Transfer Center Park and Ride area. These funds are necessary to complete construction in combination with available 2016 funds. UTILITIES CUSTOMER SERVICE & ADMINISTRATION (CS&A) FUND Utility CS&A 41. Utilities Cyber Security Assessments - $187,000 Purpose for funds: Funds will be used to provide 3rd party cyber security assessments of mission critical Utilities IT Application systems including electric SCADA, Utility Billing system and consulting on Cyber Security Governance. Reason funds not expensed in 2015: Both of the City staff members who were working on this effort became unexpectedly unavailable-one staff member was transferred to another unit and one staff member had an unexpected medical emergency. Plans are in place to ensure the work is completed in 2016. CITY FINANCIAL IMPACTS This Ordinance increases 2016 appropriations by $2,809,115. A total of $1,102,694 is requested for reappropriation in the General Fund, $1,027,535 from the Keep Fort Collins Great Fund and $678,886 is requested from various other City funds. Reappropriation requests represent amounts budgeted in 2015 that could not be encumbered at year-end. The appropriations are from 2015 prior year reserves. 11 Packet Pg. 143 Agenda Item 11 Item # 11 Page 13 BOARD / COMMISSION RECOMMENDATION At its February 22, 2016 meeting, the Council Finance Committee recommended City Council approve the requested reappropriations. ATTACHMENTS 1. Council Finance Committee minutes, February 22, 2016 (PDF) 11 Packet Pg. 144 Council Finance Committee – Excerpt of Minutes February 22, 2016 ANNUAL RE-APPROPRIATION ORDINANCE Jolene Buxman presented the Annual Re-appropriation Ordinance. What qualifies: funds that were originally appropriated in 2015, but were not fully expensed or encumbered by the end of the fiscal year. Monies re-appropriated for each City fund by this Ordinance are as follows: General Fund $ 1,102,694 Golf Fund 40,329 Keep Fort Collins Great Fund 1,027,535 Light & Power Fund 276,088 Recreation Fund 91,260 Transportation Fund 84,209 Utility CS&A Fund 187,000 $ 2,809,115 Mike Beckstead commented: these numbers are consistent with what has happened over the prior 5 years. The typical amount to be re-appropriated has been between $2.2 and $2.9 million. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance Committee support putting re-appropriation on the Consent Agenda of the March 15 th , 2016 City Council meeting? The Finance Committee concurred with the request. ATTACHMENT 1 11.1 Packet Pg. 145 Attachment: Council Finance Committee minutes, February 22, 2016 (4186 : 2016 Reappropriation) -1- ORDINANCE NO. 040, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2015 BUT NOT EXPENDED AND NOT ENCUMBERED IN 2015 WHEREAS, City Council authorized expenditures in 2015 for various purposes in the General Fund, Golf Fund, Keep Fort Collins Great Fund, Light and Power Fund, Recreation Fund, Transportation Fund and the Utility Customer Service and Administration Fund, portions of which were not spent or encumbered in 2015; and WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special fund, except that appropriations for capital projects and federal or state grants do not lapse until the completion of the capital project or until the expiration of the federal or state grant; 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, it is in the best interests of the City and its residents to re-appropriate funds for the expenditures below, in furtherance of these expenditures authorized in 2015 for which such appropriated funds were not expended and not encumbered during 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of ONE MILLION ONE HUNDRED TWO THOUSAND SIX HUNDRED NINETY FOUR DOLLARS ($1,102,694) for the following purposes: Community Garden $20,000 Air Quality and Greenhouse Gas Data 17,500 Air Quality Programs 25,536 Green Building - Implementation of the Roadmap 4,000 Green to Gold Bag Shredder 2,992 Healthy Sustainable Homes 1,337 Rivendell Recycling Center Pavement Repair 11,551 Waste Reduction & Recycling Programs 10,000 Lincoln Plan Neighborhood Projects 279,800 Human Recourses Software Migration 130,000 Court Appointed Counsel Expenses 10,262 Packet Pg. 146 -2- Instream Flow 88,200 Northern Integrated Supply Project Response 24,500 Remodel Creamery Laboratory Building 127,957 Median Renovations and Lifecycle 95,079 Parks Lifecycle Project 50,000 Special Event Permit Software 55,000 Affordable Housing 148,980 Total General Fund $1,102,694 Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Golf Fund the sum of FORTY THOUSAND DOLLARS ($40,329) for Golf Projects. Section 4. That there is hereby appropriated for expenditure from prior year reserves in the Keep Fort Collins Great Fund the sum of ONE MILLION TWENTY SEVEN THOUSAND FIVE HUNDRED THIRTY FIVE DOLLARS ($1,027,535) for the following purposes: Public Engagement Staff Training $10,000 Historic Survey Grant Request 39,710 Landmark Rehabilitation Loans 28,525 Environmental Services Innovation Fund 8,963 Montezuma Fuller Alley Shared Trash/Recycling Enclosure 17,277 Bicycle and Pedestrian Safety Town 26,395 Metropolitan Planning Organization Annual Local Match 27,551 Ecological Response Model 44,552 Land Improvement 225,492 Northern Integrated Supply Project Supplemental and Mitigation 73,000 Fossil Creek Park Lighting Retrofit 15,800 Parks Lifecycle Project 51,302 Southeast Community Park Equipment 116,000 Foothills Activity Center Security Cameras 16,096 College Avenue Concrete Work 326,872 Total Keep Fort Collins Great Fund $1,027,535 Section 5. That there is hereby appropriated for expenditure from prior year reserves in the Light and Power Fund the sum of TWO HUNDRED SEVENTY SIX THOUSAND EIGHTY EIGHT DOLLARS ($276,088) for the following purposes: Broadband Strategic Work $151,088 Low Income Solar 125,000 $276,088 Section 6. That there is hereby appropriated for expenditure from prior year reserves in the Recreation Fund the sum of NINETY ONE THOUSAND TWO HUNDRED SIXTY DOLLARS ($91,260) to be used for the following purposes: Packet Pg. 147 -3- Foothills Activity Center Information Technology $53,600 Senior Center Endowment Facility Improvements 37,660 $91,260 Section 7. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Fund the sum of EIGHTY FOUR THOUSAND TWO HUNDRED NINE DOLLARS ($84,209) to be used for the following purposes: West Elizabeth Enhanced Travel Corridor Plan $11,929 Harmony Park and Ride Regional Match 72,280 $84,209 Section 8. That there is hereby appropriated for expenditure from prior year reserves in the Utility Customer Service and Administration Fund the sum of ONE HUNDRED EIGHTY SEVEN THOUSAND DOLLARS ($187,000) to be used for Utilities Cyber Security Assessments. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 148 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Wendy Bricher, Financial Coordinator Amanda King, Communications/Public Involvement Director Loren Scheu, Financial Coordinator SUBJECT First Reading of Ordinance No. 041, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. EXECUTIVE SUMMARY The purpose of this item is to appropriate $378,605, of which $159,265 is proposed for 2016 Cultural Development and Programming Activities (Fort Fund), $19,868 is proposed for 2016 Tourism Programming (Fort Fund), and $199,472 is proposed for 2016 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism Programming activities. Between April 2011 and March 2016, based on the prior years’ actual collections, lodging tax revenues were paid to the Fort Collins Convention and Visitors Bureau (the “FCCVB”) under a contract for Cultural Development and Tourism Programming. Anticipated revenue has been projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging Tax revenues collected in 2015 equaled $1,450,960, which was $378,605 above projected collections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 25-44 of the City Code requires that 75% of the total lodging tax receipts be used for the promotion of convention and visitor activities in the City and 25% of receipts be used for cultural development and programming activities in the City. Actual revenue collected is appropriated based on this allocation formula and any excess revenue and budget savings are reserved for these activities in the General Fund. Pursuant to a contract with the Fort Collins Convention and Visitors Bureau (FCCVB), the City has paid a portion of lodging tax receipts to the FCCVB since 2011 for delivery of convention and visitors programming services in furtherance of the City Code requirement. The amount due for convention and visitors programming is appropriated based on prior year receipts and paid annually to FCCVB after the close of the prior tax year. When actual lodging tax receipts exceed the anticipated amount appropriated, the City has appropriated additional funds and adjusted the amount due to FCCVB. The contract with FCCVB expired in March 2016, and the City is now reviewing proposals for a new service agreement. When actual lodging tax receipts exceed the anticipated amount appropriated for cultural development and programming activities, the City also appropriates additional funds and adjusted the amount allocated for those 12 Packet Pg. 149 Agenda Item 12 Item # 12 Page 2 activities in the year following the year in which the tax is collected. Appropriated lodging tax revenues remaining unspent at the end of the tax year lapse into the General Fund, and may be appropriated the following year for the same purposes as they were originally appropriated. Lodging tax revenue anticipated and appropriated for expenditure in 2016 was $378,605 less than the actual tax revenue collected during the 2015 tax year, as determined in January 2016. Accordingly, upward adjustments to the 2016 appropriations under Section 25-44 of the City Code are required. In addition, Budget staff has recommended unspent appropriations for convention and visitor activities and cultural development and programming activities that lapsed into the General Fund in 2015 be re-appropriated in 2016 for the same purposes as originally appropriated. These appropriation adjustments are described below. CITY FINANCIAL IMPACTS 12 Packet Pg. 150 -1- ORDINANCE NO. 041, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN THE GENERAL FUND FOR CULTURAL DEVELOPMENT AND PROGRAMMING ACTIVITIES, TOURISM PROGRAMMING, AND CONVENTION AND VISITOR PROGRAM SERVICES WHEREAS, City Code Section 25-244 requires that City Lodging Tax revenue be allocated as follows: 75% to the promotion of convention and visitor activities and 25% to cultural development and programming activities; and WHEREAS, in 2011, the City entered into an agreement with the Fort Collins Convention and Visitors Bureau to provide convention and visitor program services, which agreement was subject to subsequent annual renewals through March 2016; and WHEREAS, the City is currently reviewing proposals for outside delivery of convention and visitor program services in anticipation of awarding a service contract in 2016; and WHEREAS, 2015 Lodging Tax revenue was estimated to be $1,215,000, and a total of $1,450,960 in Lodging Tax revenues was actually collected in 2015; and WHEREAS, staff has recommended that unanticipated 2015 Lodging Tax revenue in the amount of $235,960 held in the General Fund Reserves be appropriated in 2016 for Lodging Tax programs and activities as follows: Cultural Development and Programming $ 58,990 Tourism Programming $ 11,798 Convention and Visitor Program services $ 165,172; and WHEREAS, a portion of collected and unspent Lodging Tax revenue appropriated in 2015 lapsed into the General Fund Reserves at the end of 2015; and WHEREAS, staff has recommended that unexpended 2015 appropriations of Lodging Tax revenue, which have lapsed and were returned to the General Fund, be re-appropriated for Lodging Tax programs and activates in 2016, based on the use specified when they were first appropriated, as follows: Cultural Development and Programming $ 100,275 Tourism Programming $ 8,070 Convention and Visitor Program services $ 34,300; 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 Packet Pg. 151 -2- WHEREAS, Article V, Section 9 of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue 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; and WHEREAS, the City Council wishes to appropriate all lodging tax revenues to be allocated for Cultural Development and Programming, Tourism Programming consistent with the City Code, including funds to be paid to the Fort Collins Convention and Visitors Bureau or appropriate contracted service provider, and including unanticipated and lapsed lodging tax revenues from 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of ONE HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS ($159,265) for Cultural Development and Programming activities. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of NINETEEN THOUSAND EIGHT HUNDRED SIXTY- EIGHT DOLLARS ($19,868) for the Tourism Programming. Section 4. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of ONE HUNDRED NINETY-NINE THOUSAND FOUR HUNDRED SEVENTY-TWO DOLLARS ($199,472) for Convention and Visitors Program services. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 152 -3- Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 153 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Kelly Bernish, Director, Safety, Security & Risk Mgmt Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 042, 2016, Appropriating Prior Year Reserves in the General Fund for Pool Chlorination System Conversion at Three City of Fort Collins Pools. EXECUTIVE SUMMARY The purpose of this item is to appropriate $200,000 from prior year reserves in the General Fund to switch pool chlorination systems from chlorine gas to liquid chlorine. During a routine safety audit of the City pools, it was discovered that gaseous chlorine is being used to treat the pool water at all City pools except the Senior Center pool. As safety standards have evolved, best practice is to avoid gaseous chlorine due to the hazard posed to employees and citizens in the event of a failure incident. Conversion of the three City pools now using chlorine gas will enable the City to follow this updated best practice. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance of First Reading. BACKGROUND / DISCUSSION In the past year, the City has renewed its commitment to safety, part of which involved hiring a Safety Professional who coincidently is also an Aquatics Safety expert. As part of that renewed focus, regular safety audits are being conducted. During one of those audits, it was observed that the City is still using chlorine gas to treat the pool water at City recreation facilities, with the exception of the Senior Center (newer construction). As safety standards have evolved, technology at the City has not entirely kept pace. Currently, other local pools have changed to liquid or tabs and new construction of pools does not generally include the use of chlorine gas at all. From a safety and immediate financial perspective, it is more efficient to migrate the three City pools at EPIC, Mulberry and City Park to liquid chlorine than to stay with gaseous chlorine. During this process, staff has explored the options of liquid and tabs. Tabs generally were less efficient and more difficult from a maintenance perspective, as learned from CSU. Liquid chlorine appears to be the best option from an efficiency and transition perspective. The conversion from gas chlorination will entail a minimal cost increase from a day-to-day operations perspective, as chlorine gas is generally less expensive than liquid or tabs. CITY FINANCIAL IMPACTS The estimated cost of the three pool conversions is $200,000. BOARD / COMMISSION RECOMMENDATION This item was discussed at the February 22, 2016 Council Finance Committee meeting. It was recommended by the Committee to place the appropriation request on the City Council Consent Agenda. 13 Packet Pg. 154 Agenda Item 13 Item # 13 Page 2 ATTACHMENTS 1. Council Finance Committee minutes, February 22, 2016 (PDF) 13 Packet Pg. 155 Council Finance Committee – Excerpt of Minutes February 22, 2016 POOL SAFETY APPROPRIATION Kelly Bernish and Ken Mannon presented the Pool Safety Appropriation request to address safety concerns regarding the usage of gaseous chlorine to treat our City pools. Kelly Bernish presentation: Started with a complete overlook & overhaul of the way safety is handled across the City. A full Safety plan is in development. Currently gas is used at EPIC, City Park & Mulberry. The Senior Center doesn’t use gas. At the time the pools were built they used the correct current standards, but standards have changed. Chlorine gas is dangerous and is a potential hazard to the community. New construction has moved away from chlorine gas. There were three alternatives that were looked at: 1) stay with gas, 2) use chlorine tabs or 3) use liquid aka bleach. Liquid is considered the best option with the fewest hazards. Ken Mannon update: EPIC has a down-time coming due to construction starting in May. City park pool & Mulberry pool can have the new systems installed and then be down for only 1-2 days to switch over to the liquid. The request consists of asking the Council Finance Committee to consider a Mid-Cycle Appropriation of approximately $200k to change the three pools to liquid chlorine. Mike Beckstead update: The money being asked for will come out of general fund reserves. Ross Cunniff question #1: what are the additional operational costs? Kelly Bernish answered: slightly higher cost. Tracy Ochsner also responded: the cost will be roughly $12,000 per year for all of the pools. Ross Cunniff question #2: will additional training be needed to handle the chlorine liquid compared to the gas? Kelly Bernish answered: less training will be needed than what is currently given. Full hazmat suits and masks won’t be needed as they currently are for handling the gas. Ross Cunniff comment: it is important to note that approving this mid-budget cycle will save us money in the long run since EPIC will be down anyway. Council Finance Committee was unanimously supportive of bringing forward the appropriation to convert the City’s three pools to liquid chlorine. ATTACHMENT 1 13.1 Packet Pg. 156 Attachment: Council Finance Committee minutes, February 22, 2016 (4245 : Chlorine Gas-City Pools) -1- ORDINANCE NO. 042, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR POOL CHLORINATION SYSTEM CONVERSION AT THREE CITY OF FORT COLLINS POOLS WHEREAS, the City operates and maintains four public swimming pools; three of these pools are currently treated with chlorine gas; and WHEREAS, a safety best practice is to avoid gaseous chlorine, due to the hazards posed to employees and citizens in the event of a failure incident; and WHEREAS, the systems at the City pools using chlorine gas can be converted to use chlorine liquid or tabs for sanitation; and WHEREAS, the estimated cost for the conversion of all three pools is $200,000; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and unanticipated revenues to be received in that fund during any fiscal year; 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, the City Council finds that improving the safety of operating public City swimming pools by converting to non-gaseous chlorine sanitation systems is in the best interests of the City and the general public, including patrons of the City’s swimming pool facilities. 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. Packet Pg. 157 -2- Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) for expenditure in the General Fund for the City of Fort Collins conversion of three pool chlorination systems from chlorine gas to chlorine liquid. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 158 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Dean Klingner, Engineer & Capital Project Manager Dan Woodward, Civil Engineer I SUBJECT First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with 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 deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The authorization is only for the six commercial properties at this location. There are two residential properties at the east end of the project that are not included here since work is still underway to further define impacts. These properties will be brought to Council at a later date for authorization. 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 enhancements, utility improvements, and access control improvements. On the west leg of the intersection, these improvements are consistent with the recommendations in the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on property they own at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of road improvements adjacent to their development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way, permanent easements, and temporary easements from six property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends 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 the six commercial property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Prospect and College intersection was identified as a high priority for congestion and safety improvements in the City’s Arterial Intersection Study. The intersection has some of the highest traffic volumes in the entire City in addition to high numbers of crashes, significant congestion in peak travel times, substandard bicycle 14 Packet Pg. 159 Agenda Item 14 Item # 14 Page 2 and pedestrian facilities and insufficient turn lanes. Turn lane improvements and improved signal timing will be implemented to reduce congestion, while re-designed medians and bicycle and pedestrian facilities will update the look, feel and functionality of the intersection for all modes of transportation College Avenue is the eastern limit of the West Central Area Plan. This project will incorporate improvements for the intersection consistent with those recommended in the West Central Area Plan. The Prospect Corridor from Mason Street to Interstate 25 was designated as an Enhanced Travel Corridor (ETC) on the 2011 Master Street Plan and Transportation Master Plan. During the planning and public outreach process, ETC’s were identified as the most desired area of focus for the Transportation Master Plan and future transportation investments. ETC’s are designated as routes that provide connections between major activity centers such as downtown, CSU, Midtown, employment centers, shopping destinations and neighborhoods. Enhanced Travel Corridors are defined as uniquely designed corridors that are planned to incorporate high frequency transit, bicycling, and walking as part of the corridor. As part of the 2011 Transportation Master Plan the College and Prospect intersection was identified as a Gateway Intersection. Key elements of gateway intersections include extensive landscaping and urban design to highlight entryways into the city. Creating a unique and inviting look and feel for this intersection is a top priority for this project. The vision for the College and Prospect Improvements is to provide an attractive and functional, well-integrated, mixed-use intersection and corridor that serves the mobility needs of nearby neighborhoods, CSU, and the community. This vision would include: A safe and comfortable corridor for all modes of travel; Safe crossing; An attractive gateway to campus, downtown, and midtown; and A seamless connection to transit, including MAX. The Project is recognized as being in a constrained area where proposed improvements may have property impacts to adjacent businesses and residents. Designing in this area requires a context sensitive approach with potentially narrower roadway elements than are typically required, while still meeting minimum safety and operational considerations. The necessary property interests include right-of-way, as well as permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their properties. 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. At the meetings, property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to the first reading of this Ordinance. 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. The purchase of this right-of-way will allow staff to move forward with final design and construction. PUBLIC OUTREACH More information on the Transportation Master Plan can be found at http://www.fcgov.com/planfortcollins/ pdf/tmp.pdf. 14 Packet Pg. 160 Agenda Item 14 Item # 14 Page 3 ATTACHMENTS 1. Location map (PDF) 2. Sustainability Assessment Summary and Tool (PDF) 3. Draft Design Concept (PDF) 4. Proposed Maximum Right-of-Way (PDF) 14 Packet Pg. 161 E Prospect Rd W Prospect Rd Remington St S College Ave W Lake St ³I CSU Medical Center Project Location ± College Avenue and Prospect Road Intersection Improvement Project Location Map City Road Improvements Project Location ATTACHMENT 1 14.1 Packet Pg. 162 Attachment: Location map [Revision 1] (4265 : Prospect College ED Authorization) SUSTAINABILITY ASSESSMENT SUMMARY DATE: March 1, 2015 SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road Intersection Improvements Project Key issues identified: x Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians, and the environment. Suggested mitigation actions: • Detours, pedestrian and bicycle access, and other construction best practices will be used to maintain connectivity and access to local businesses. Economic , 1.0 Social , 2.0 Environmental 0 Rating Average, 1.0 1 2 0 1.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Average, Average 1.1 0 1.0 Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 2 14.2 Packet Pg. 163 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less This Council action item will authorize the use of eminent domain for Prospect Road and College Avenue Intersection Improvements Project. Staff lead(s): Please note staff name, position/division and phone number Dan Woodward, Civil Engineer, 970-416-4203 Lindsay Kuntz, Real Estate Specialist, 970-221-6275 14.2 Packet Pg. 164 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) 2 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. x Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description This Council action item will authorize the use of eminent domain for right-of- way acquisition at the College and Prospect Intersection Improvements project. 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion At the project location, gaps in pedestrian and bicycle connectivity currently exist. This project will eliminate existing gaps by constructing sidewalks and multi-use paths. All pedestrian improvements will comply with ADA requirements. This project will result in more efficient traffic flow due in large part to the installation of an additional westbound left turn lane and lengthening the east bound right turn lane. Less vehicle congestion will likely result in reduced frustration for commuters. There will be temporary negative impacts to local residents, businesses and the traveling public as a result of construction activities. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth Providing improved bicycle and pedestrian connectivity will likely result in improved quality of life, as well as access opportunities, for seniors, youth, people with disabilities, etc. The improved pedestrian infrastructure will result in better access to local businesses and public transportation including transit and MAX. This project will provide pedestrian refuge islands that don’t currently exist. The 14.2 Packet Pg. 165 3 and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) islands and wider walks will result in a more comfortable crossing for many pedestrians, as well as a likely safer crossing. This project will improve the access to the Remington Greenway and MAX, promoting bicycle use as well as pedestrian. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? Providing improved bicycle and pedestrian infrastructure will likely result in a safer environment for pedestrians and bicyclists. The shorter crossing distance provided by this project will likely result in safer crossing conditions for pedestrians. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? This project includes culturally-rich components, such as Art in Public Places, urban design elements, and landscaped medians/parkways. The design elements in this project match the brand and spirit of Fort Collins, provide a sense of place at the intersection, and will enhance the aesthetics of this gateway intersection. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? This project will have a positive impact on the access of local residents to nearby businesses, trails, and other destinations. With this intersection being a gateway to CSU, many of the local residents may not have access to vehicles and may rely heavily on walking or bicycling. Community outreach, open houses and other opportunities for public input are planned as part of the design phase of this project. During construction there will be negative impacts to the neighborhoods as well as right-of-way purchases to some residential properties. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? The project team will engage in property owner outreach through direct contact, open houses, and other outreach activities. Cooperation between various City departments (Engineering, Parks, Utilities, etc.) has and will be a key element in the development and execution of this project. Social Equity Summary Key issues: Positive impact on vehicular commuters, pedestrians, and bicyclists through improved infrastructure. 4 Develop a strong sense of place, community and culture through infrastructure and design elements. Temporary negative construction impacts. Potential mitigation strategies: Detour routes and other construction mitigation strategies for vehicles, bicycles and pedestrians. Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? Analysis/Discussion It is anticipated that construction activities and roadway widening will have negative impacts on the local ecosystems. Landscaped areas and trees will be added to the project location. 5 • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? to relocation to a landfill. Stormwater master plan improvements will be done as part of this project which will improve water quality and flooding issues associated with rainfall runoff events. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? Project improvements will support bicycle and pedestrian travel through infrastructure and safety improvements. As a result, it is anticipated that total vehicle miles traveled may reduce. Reduced idle time and improved traffic flow will likely reduce carbon and greenhouse gas emissions. Construction activities will temporarily increase emissions. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? Not Applicable 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? It is anticipated that a large portion of the construction materials generated as part of this project will be recycled at Hoffman Mill, diverting these materials from a landfill. 14.2 Packet Pg. 168 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) 6 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? It is anticipated that, as with other roadway improvement projects, the asphalt and concrete waste generated will be recycled. 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? The construction of this project will be awarded as part of a competitive bidding process. It is common for local contractors to bid on and be awarded similar construction contracts. Material for similar construction projects is generally locally sourced, and it is anticipated that this project will likely be locally sourced as well. Environmental Health Summary Key issues: Negative impacts on air quality as part of construction activities. Negative impacts on local ecosystems as part of construction activities and roadway widening. Positive impact on air quality as part of increased traffic efficiency and promotion of multi-modal transportation. Reuse and recycling of materials within the City. Potential mitigation strategies: Best practice measures will be taken during construction to mitigate environmental impacts. Trees and vegetation will be added to the project location to mitigate those removed as well as additional trees and vegetation. Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. 14.2 7 Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion Providing improved connectivity for bicycles and pedestrians will likely benefit the local businesses. It is anticipated that there will be economic benefits as a result of improved transportation infrastructure and improved commuting times. Project improvements will support the general attractiveness and appeal of the City, as well as specifically support the bicycle and pedestrian culture found in the City. Infrastructure improvements will directly improve access to local employers and businesses including CSU. There will be temporary negative impacts to local business access during construction. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? It is likely that there will be temporary work for local construction contractors during construction. 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? Project improvements will have direct positive impacts for businesses in the area as a result of reduced congestion and delays. Temporary negative impacts to local businesses as a result of construction are likely. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. It is typical for construction contractors and material suppliers to be local for this type of project. Many of the construction materials used in roadway projects are comprised of 14.2 8 • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? locally-sourced components. 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Key issues: Long-term benefits to local business access and connectivity. Improved aesthetics promotes general appeal of the City. Improvements to bicycle and pedestrian infrastructure promote the culture of the City. Construction activities will likely have a temporary negative impact on local businesses. Potential mitigation strategies: Connectivity to local businesses will be maintained for vehicles, pedestrians and bicycles during construction. Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X 14.2 Packet Pg. 171 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) PPRRROOOPPEERRTTYY NNOOTT IINNCCLLUUUUDDEEDD DEEEEDDDD PPRROOOOPPPPEEERRRRRTTYY PPR NNOOT INNNNCCCLLLLLUUUUUDDEEDD ATTACHMENT 3 14.3 Packet Pg. 172 Attachment: Draft Design Concept [Revision 1] (4265 : Prospect College ED Authorization) ATTACHMENT 4 14.4 Packet Pg. 173 Attachment: Proposed Maximum Right-of-Way [Revision 1] (4265 : Prospect College ED Authorization) -1- ORDINANCE NO. 043, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE 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 2016; 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, the City has identified certain property rights that it needs to acquire for the City Project, as described on Exhibits “A” through “L”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the Property Rights include tracts of land to be acquired in fee simple for right-of-way and temporary construction easements; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the City Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 174 -2- Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein 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 Rights for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights, any of them, or any portion of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 175 &YIJCJU" 1BHFPG 1 Packet Pg. 176 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU# 1BHFPG 1 Packet Pg. 177 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU$ 1BHFPG 1 Packet Pg. 178 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU% 1BHFPG 1 Packet Pg. 179 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU& 1BHFPG 1 Packet Pg. 180 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU' 1BHFPG 1 Packet Pg. 181 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU( 1BHFPG 1 Packet Pg. 182 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU) 1BHFPG 1 Packet Pg. 183 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU* 1BHFPG 1 Packet Pg. 184 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU+ 1BHFPG 1 Packet Pg. 185 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU, 1BHFPG 1 Packet Pg. 186 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) &YIJCJU- 1BHFPG 1 Packet Pg. 187 Attachment: Exhibits A through L (4296 : Prospect College ED ORD) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Mark Jackson, PDT Deputy Director SUBJECT Resolution 2016-035 Expressing the City Council's Support of Grant Applications for Certain Improvements to Interstate I-25. EXECUTIVE SUMMARY The purpose of this item is to provide a letter supporting two regional grant applications being submitted seeking improvements and repairs to Interstate 25 (I-25) in Northern Colorado. The grant applications will be submitted April 2016. Colorado Department of Transportation (CDOT) is preparing a Transportation Investment Generating Economic Recovery (TIGER) grant, while the North Front Range Metropolitan Planning Organizations (NFRMPO) is preparing a FASTLANE GRANT. Repairs and improvements sought are in accordance with the final adopted recommendations of the North I-25 Environmental Impact Study (2011). STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Numerous efforts, initiatives, and actions have been taken or are underway to accelerate improvements to Interstate 25 (I-25) in Northern Colorado. Plans for road capacity and transit improvements were identified in the North I-25 Environmental Impact Statement (EIS) (2011), but funds needed to make these changes are not identified by CDOT in the foreseeable future. I-25 is the key interstate linkage in northern Colorado, and serves as a major freight route as well as traveler connection between the Denver metro area to the south. Current infrastructure deficiencies, combined with increasing travel demand on the corridor, result in safety and congestion issues along the northern Colorado I-25 Corridor. Phase 1 of CDOT’s improvements to I-25 is estimated to cost $230 million. CDOT, in collaboration with regional, local, and county government agencies in Northern Colorado, continue to seek funding opportunities to accelerate needed improvements. They are currently preparing to submit a TIGER grant application in April 2016. They are seeking $25 million in TIGER grant funds. Regional communities are working to identify and commit financial resources to use as supporting local match. The NFRMPO is also preparing a federal FASTLANE grant application for funds to improve I-25 in Northern Colorado. FASTLANE is a new grant opportunity identified in the recently passed federal transportation legislation and is intended for improvements to highway freight projects. I-25 is a primary freight corridor along the front range of Colorado and beyond its borders north and south. CDOT and the NFRMPO are requesting a letter of support from the City of Fort Collins and other regional agencies to accompany their grant applications. (Attachment 1) CITY FINANCIAL IMPACTS The Resolution and letter of support have no direct financial impacts on the City of Fort Collins. Accelerating 15 Packet Pg. 188 Agenda Item 15 Item # 15 Page 2 improvements on the Northern I-25 Corridor may require some future financial contribution by Colorado citizens, cities and agencies. Failure to make improvements to the Northern I-25 Corridor may have an adverse economic impact on Northern Colorado. BOARD / COMMISSION RECOMMENDATION This item was not presented to boards or commissions. The City of Fort Collins is a member of the I-25 Coalition. The Transportation Board was heavily involved throughout the North I-25 Environmental Impact Statement Project (2011), which resulted in adoption of recommendations to add capacity and transit solutions to the northern I-25 Corridor. PUBLIC OUTREACH CDOT has conducted significant public outreach and presentations to Northern Colorado civic groups and agencies on needed I-25 improvements and funding strategies. In addition, significant public outreach was conducted throughout the multiple-year North I-25 Environmental Impact Statement Project (2011), resulting in adoption of recommendations to add capacity and transit solutions to the northern I-25 Corridor. ATTACHMENTS 1. Fort Collins Letter of Support (PDF) 15 Packet Pg. 189 Mayor City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.416.2154 970.224.6107 - fax fcgov.com April 5, 2016 TIGER and FASTLANE Selection Committee US Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Re: Colorado TIGER and FASTLANE Grant Applications Dear Selection Committee: The City of Fort Collins has been working with the Colorado Department of Transportation (CDOT), the North Front Range Metropolitan Planning Organization (NFRMPO), the North I-25 Coalition of Elected Officials, the Fix I-25 Business Alliance, and the North I-25 Funding Subcommittee to improve North I-25 from SH 14 to SH 66. In July 2013, CDOT hosted the first meeting on the future of North I-25 to discuss a variety of methods to address the corridor’s congestion in light of the projections estimating a doubling of the region’s population by 2040. Northern Colorado is one of the fastest growing areas in the nation and the fastest in Colorado. To continue the economic vitality of the region, accommodate the movement of freight commodities associated with the energy (oil and gas and wind components) and agriculture sectors, as well as the everyday travel of workers, residents, and visitors, something had to be done. The groups mentioned above were formed to address this need and have been working diligently to identify a funding mechanism for the improvements identified in the North I-25 Environmental Impact Statement (EIS), which received a Record of Decision (ROD) in December 2011. All of the agencies, coalitions, and communities working toward improving North I-25 have done so with limited funding. The congestion on this corridor increases crashes, increases emissions, and significantly slows the movement of freight within and through the region. Improvements to date include the addition of Bustang, a regional bus service launched in July 2015, which carries 143 riders per day and 209 Colorado State University (CSU) students per day/weekend (after less than a year of service). In spring 2016, a two mile truck climbing lane will be added to provide relief for southbound traffic near the Town of Berthoud. In the summer 2016, CDOT will initiate the replacement and widening of the I-25 Crossroads Bridge to accommodate the addition of a third lane in each direction because this bridge is a current corridor bottleneck. This bridge widening is anticipated to be completed in 2017. ATTACHMENT 1 15.1 Packet Pg. 190 Attachment: Fort Collins Letter of Support (4304 : I-25 Support) The City of Fort Collins fully supports the TIGER and FASTLANE applications to provide much needed congestion relief to a rapidly growing region. North I-25 is a major Freight Corridor on the National Freight System. Help Northern Colorado implement the National Freight Policy by improving the condition and performance of the national freight network. Sincerely, Wade Troxell Mayor 15.1 Packet Pg. 191 Attachment: Fort Collins Letter of Support (4304 : I-25 Support) -1- RESOLUTION 2016-035 OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL’S SUPPORT OF GRANT APPLICATIONS FOR CERTAIN IMPROVEMENTS TO INTERSTATE 25 WHEREAS, Interstate 25 (“I-25”) represents a vital connection for the communities of northern Colorado; and WHEREAS, I-25 is an essential commuter and freight corridor and the only Colorado highway on the national freight plan; and WHEREAS, the improvement of I-25 is essential for the economic health and wellbeing of the northern Colorado region; and WHEREAS, the communities of northern Colorado wish to communicate the formal request of their communities and citizens; and WHEREAS, the City of Fort Collins requests that the State of Colorado and the Federal Highway Administration consider any and all actions to expedite the improvement and expansion of north I-25. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby expresses its support of the Colorado Department of Transportation and the North Front Range Metropolitan Planning Organization’s TIGER and FASTLANE grant applications seeking funds to expedite the improvement and expansion of I-25 in Northern Colorado, and hereby authorizes the Mayor to complete and timely submit letters of support for such grant applications expressing the City Council’s support for the same. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 192 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Ellen Martin, Visual Arts Administrator SUBJECT Resolution 2016-030 Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission an Artist to Create an Art Project Pursuant to the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is it to approve expenditures from the Art in Public Places Electric, Water, Wastewater, and Stormwater Utility Funds to commission an artist to create art for the Utility Administration Building Project. The expenditures of $145,936 will be for design, materials, fabrication, electrical connections, installation, and contingency for Andy Dufford of Chevo Studios to create a carved sandstone entryway feature for the new Utility Administration Building. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 23-303 of the City 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. The Utilities Administration Building (UAB) is currently under construction on Block 32 on LaPorte Avenue in downtown Fort Collins. Artist Andy Dufford of Chevo Studios is one of the artists currently working with the Project Team to develop concepts for public art at the site. Andy Dufford was selected through an RFQ process. Artist Andy Dufford has multiple art projects at this site. This Art in Public Places project is being brought forward separately to support meeting the contractor’s schedule. This artist and another artist team will continue to develop indoor and outdoor art elements that will be presented to City Council at a later date. The art elements will speak to both water and energy elements as they relate to community services provided by Utilities. The Poudre watershed is a key source of water for Fort Collins. The proposed artwork in this Resolution highlights this educational message, by depicting the Poudre River and making connections between the uses of water in both the natural surroundings and built communities. Artist Andy Dufford has developed concepts for art that are integrated into the front entryway column of the UAB. A series of Colorado buff sandstone panels will wrap the column. The buff sandstone is used elsewhere 16 Packet Pg. 193 Agenda Item 16 Item # 16 Page 2 on the building facade and its presence on the column will complement the overall design and materials of the building. The stacked stone panels will be split vertically by the path and topography of the river design. The image represents a section of the Poudre River, just to the west of Fort Collins. The path of the river will create a dynamic line running from the top to bottom of the column and the topographical contours will create a carved relief in the stone. The water in the river will be created in bluestone, creating a rich color that runs the length of the stone. Narrative carvings will alternate up the panels on the east and west faces of the column. On the western face, the carvings will trace the journey of water from snowmelt to runoff and river. On the eastern face, patterns of land use will speak to the human uses of water and include imagery that represents the commercial, industrial, residential, and agricultural activities that all rely on this precious resource. At night, the thread of the river will be illuminated by LED lighting running along its length. This introduction of light will create an iconic feature for the building and visual interest from the street for both pedestrians and passing motorists. 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 Electric, Water, Wastewater, and Stormwater Utility Funds. The Art in Public Places program has a maintenance fund for the long-term care of the Art in Public Place art collection. The Utility Administration Project art budget is $145,936 to be used for design, materials, fabrication, electrical connections, installation, and contingency for this artwork. The APP funds are $37,363 from Electric, $58,965 Water, $24,804 Wastewater, and $24,804 Stormwater Utility funds. BOARD / COMMISSION RECOMMENDATION The design concept and budget for this project was reviewed and recommended for City Council approval by the Art in Public Place Board at its March 2, 2016 board meeting. PUBLIC OUTREACH General public communication regarding the art components of the Utility Administration Building Project was integrated into the overall scope of the Project outreach. Development of the art for the Project was specifically promoted in a national call to artists through a Request for Qualifications (RFQ) process. In the RFQ process, all submissions were reviewed and the artist selection was based on the artist’s portfolio of work (as opposed to an RFP process where artist proposals would be evaluated). Artist qualifications were reviewed by the APP Board, Purchasing representative, and representatives of the project team. The artist selected for the proposed aspect of the Project was selected from sixty artist submissions. The selected artist then collaborated with the project team and together they developed concepts for the artwork based on the goals of the Project and input from the team. The final design and budget was reviewed and approved by the project team, and submitted for approved at a regular public meeting of the APP Board on March 2, 2016. The Board at that meeting voted to recommend the project to City Council for approval as an integrated part of the Utilities Administration Building Project. ATTACHMENTS 1. APP Board minutes, March 2, 2016 (draft) (PDF) 2. Images of Proposed Artwork (PDF) 16 Packet Pg. 194 ART IN PUBLIC PLACES MINUTES Wednesday, March 2, 2016 Lincoln Center Columbine Room Council Liaison: Kristin Stephens Staff Liaison: Ellen Martin Chairperson: Jill Kreutzer Vice Chair: Renee Sherman Cultural Resource Board Liaison: Tedi Cox MEMBERS PRESENT: Miriam Chase, Gwen Hatchette, Jill Kreutzer, Renee Sherman, Shelby Sommer, and Sabrina Zimmerman MEMBERS ABSENT: Carol Ann Hixon STAFF PRESENT: Ellen Martin, Liz Good, Susie Gordon, John Phelan, Brian Hergott, MJ Upham; Lou Cordova; Jill Wilson CULTURAL RESOURCE BOARD LIAISON: Tedi Cox I. Call to order: 3:31 p.m. by Ms. Kreutzer II. Consideration of tonight’s agenda III. Citizen Participation IV. Community Recycling Center Design Review Artists Tim Upham and Todd Kundla and Susie Gordon from Environmental Services presented the proposed design to the board. Ms. Gordon gave an overview of the project and site. The project team requested that the art would serve as wayfinding piece, as the site is set back from the street. The design is for a large sculpture made from recycled light poles, and clear, blue, and green glass bottles to create shapes inspired by the recycling logo. The structure holding the beer bottles will have mesh over the top and prongs that will open once inside the bottles to hold them in place. Concerns were brought up concerning climbing, wind, and vandalism. The artists assured the board that the bottles will be securely attached and able to be replaced if they get broken. Ms. Sommer moved to approve. Ms. Hatchette seconded Unanimously approved V. Downtown Plan Ms. Martin reviewed the handout provided by City Planner Seth Lorson after his presentation at the January meeting. What needs to be included to be successful? Board members and staff shared discussions from the various open houses and workshops. VI. Utility Administration Building Design Review Artist Andy Dufford along with John Phelan from Utilities and Brian Hergott from Operation Services presented the design of the entryway column. The concept is to show the topography of a section of the Poudre River west of town. This will be created through stacked contours of sandstone in panels. The river will be bluestone with concealed LED lighting to illuminate the river at night. Carved along the river will be its natural cycle on the side that faces east and the human uses of the water on the side that faces west. The board discussed educational signage about the art and the relationships with the river it illustrates. ATTACHMENT 1 16.1 Packet Pg. 195 Attachment: APP Board minutes, March 2, 2016 (draft) (4247 : APP Utility Administration Building Project) Ms. Sommer moved to jump up and down and approve this one Ms. Sherman seconded Unanimously approved VII. Transformer Cabinet Submission Review Jill Wilson from Purchasing, Lou Cordova from Utilities, and Mary-Jo Upham Graffiti Abatement Office, joined to help with selection of artists. Ms. Martin reviewed the selection process. It was discussed to select artists that scored 70 and higher. After the vote, the board discussed ways to encourage new artists to submit. Ms. Sommer moved to accept 70 and above and 64 as alternates with the Center for Family Outreach as first Ms. Sherman seconded Unanimously approved VIII. 20th Anniversary Celebration Ms. Martin shared the materials, combined meeting notes and invite drafts. Suggestions were made to update the invitation design and contact information for past board members were reviewed. IX. Other business X. Adjournment at 5:53 p.m. by Ms. Kreutzer. Respectfully Submitted, Liz Good 16.1 Packet Pg. 196 Attachment: APP Board minutes, March 2, 2016 (draft) (4247 : APP Utility Administration Building Project) "SUJO1VCMJD1MBDFT1SPHSBN Utilities Administration Building "SUJTU"OEZ%VGGPSE $IFWP4UVEJPT 1 ATTACHMENT 2 16.2 Packet Pg. 197 Attachment: Images of Proposed Artwork (4247 : APP Utility Administration Building Project) 2 Utilities Administration Building EntryXBZ Column 16.2 Packet Pg. 198 Attachment: Images of Proposed Artwork (4247 : APP Utility Administration Building Project) Carving/Artwork on both sides Nighttime Illumination 3 Utilities Administration Building EntryXBZ Column 16.2 Packet Pg. 199 Attachment: Images of Proposed Artwork (4247 : APP Utility Administration Building Project) Ecosystems • Alpine • Sub Alpine •Montane •Foothills • Plains •Riparian Water & the Natural World: A web of interdependence from Alpine Tundra to Eastern Plains 4 Utilities Administration Building EntryXBZ Column (East face) 16.2 Packet Pg. 200 Attachment: Images of Proposed Artwork (4247 : APP Utility Administration Building Project) Human uses of water • Residential •Commercial •Industrial • Agricultural • Return to the river 5 Utilities Administration Building EntryXBZ Column (West face) 16.2 Packet Pg. 201 Attachment: Images of Proposed Artwork (4247 : APP Utility Administration Building Project) 6 • Stone veneer on concrete column • Concealed LED Lighting for river • Narrative carvings 6UJMJUJFTAdministration Building EntryXBZ Column 16.2 Packet Pg. 202 Attachment: Images of Proposed Artwork (4247 : APP Utility Administration Building Project) -1- RESOLUTION 2016-030 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ART PROJECT FOR THE UTILITIES ADMINISTRATION BUILDING AND APPROVING EXPENDITURES FROM THE UTILITY PROJECT ACCOUNT TO COMMISSION AN ARTIST TO CREATE THE ART PROJECT PURSUANT TO THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City is in the process of constructing the Utilities Administration Building Project on Block 32 of LaPorte Avenue in downtown Fort Collins (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 has been 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, the Art in Public Places Board (the “Board”) and members of the Project team selected artist Andy Dufford of Chevo Studios (the “Artist”) to develop design concepts appropriate to the Project site; and WHEREAS, the City entered into a design contract with the Artist dated October 25, 2015, to develop designs for art for the Project to be submitted for Board approval; and WHEREAS, based on recommendations by the Board at its regular meeting on November 18, 2015, City Council adopted Resolution 2015-111, approving expenditures from the Art in Public Places Electric Utility account for a portion of the Artist’s designs; and WHEREAS, it was anticipated when Resolution 2015-111 was adopted that additional expenditures for public art for the Project would be brought for City Council approval separate from the art described in that Resolution, including designs for indoor and outdoor art elements to be integrated into the Project later; and WHEREAS, the Board evaluated additional designs prepared by the Artist at its regular meeting on March 2, 2016, and made further recommendations; and WHEREAS, the Board has recommended approval of the use of project funds for additional artwork at the Project site consisting of carved sandstone panel reliefs depicting the Cache la Poudre River with elements in the progression from snowmelt-run off to human commercial, industrial, and residential application of water resources (the “Art Project”); and WHEREAS, the budget for the Art Project, including design, materials, fabrication, installation, and contingency, is $145,936, of which $37,363 is proposed to come from funds contributed by the Electric Utility, $58,965 contributed by the Water Utility, $24,804 contributed by the Wastewater Utility, and $24,804 contributed by the Stormwater Utility; and Packet Pg. 203 -2- WHEREAS, the Art Project funds will be drawn from the amount appropriated in Ordinance No. 137, 2014, and unencumbered funds appropriated in the Art in Public Places Electric, Water, Wastewater, and Stormwater Utility accounts transferred to the Project for the Artist’s design fees, materials, fabrication, installation and contingency; and WHEREAS, Section 23-308 of the City Code requires that the Board’s recommendation concerning the use of funds for the Art Project be presented for Council review and approval as the cost of the art exceeds $30,000; and WHEREAS, pursuant to the Guidelines, a priority in selecting works of art to be acquired with restricted Art in Public Places Utility account funds is that the art relate to and logically connect with the source of the funds used to acquire the artworks; and WHEREAS, the City Council finds that expending Art in Public Places Electric, Water, Wastewater, and Stormwater Utility account funds for the selected Art Project relates to, logically connects with, and benefits the utility rate payers by enhancing the administration facilities necessary to deliver electric, water, wastewater, and stormwater utility services. 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 above. Section 2. That the City Council hereby approves the use of previously appropriated funds in the amount not to exceed ONE HUNDRED FORTY FIVE THOUSAND NINE HUNDRED THIRTY SIX DOLLARS ($145,936) from the Art in Public Places Electric, Water, Wastewater, and Stormwater Utility accounts for the Art Project described herein for inclusion in the Utilities Administration Building Project, the conceptual design for which was reviewed and approved by the Art in Public Places Board on March 2, 2016. Section 3. That the sum approved in Section 2 shall be comprised of the following already appropriated Art in Public Places funds contributed by the respective Utilities: • $37,363 Electric Utility • $58,965 Water Utility • $24,804 Wastewater Utility • $24,804 Stormwater Utility Packet Pg. 204 -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 205 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Resolution 2016-031 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain's Edge Annexation. EXECUTIVE SUMMARY The purpose of this item is to annex the Mountain’s Edge First Annexation. The applicant, The Landhuis Company c/o Mr. Jeff Mark, has submitted a written petition requesting annexation of 18.516 acres located at 2430 South Overland Trail which presently contains one single family home. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by state law. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The subject property gains the required one-sixth (16.66%) contiguity to existing City limits from three sides. As a result, there is 84.30% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. Contiguity is gained in the following manner: East: Herring Annexation, 103 acres, (1977), now known as the Brown Farm Subdivision. South: Dixon Creek Annexation, 58.7 acres, (1980), now known as the Quail Hollow Subdivision. West: Pine Ridge Third Annexation, 102 acres, (1999), now part of the Pine Ridge Natural Area. 17 Packet Pg. 206 Agenda Item 17 Item # 17 Page 2 This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on April 7, 2016, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on May 17, 2016. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with State Statutes. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation Petition (PDF) 17 Packet Pg. 207 Site - Mountain's Edge Annexation & Zoning W S t u a r t S t H a m p s h i r e R d W S t u Y o r k s h i r e S t Hughes Stadium County Rd 42C S Taft Hill Rd W Elizabeth St W Prospect Rd W Drake Rd W Horsetooth Rd W County Ro a d 38E W H arm o ny Rd S Overland Trl Major Street Names Annexation City Limits Growth Management Area Mountains's Edge Annexation & Zoning ± Vicinity Map 1 inch = 2,000 feet ATTACHMENT 1 17.1 Packet Pg. 208 Site - Mountain's Edge Annexation W S t u a r t S t H a m p s h i r e R d W S t uart S t Y o r k s h i r e S t County Rd 42C W Elizabeth St S Taft Hill Rd W Prospect Rd W Horsetooth Rd W Drake Rd W Coun t y Road 38E W Harmo n y Rd S Overland Trl Mountain's Edge Annexation Structure Plan Boundaries Fort Collins GMA Potential GMA Expansion City Limits County Boundary Districts Neighborhood Commercial District Campus District Neighborhoods Site - Mountain's Edge Annexation & Zoning - L-M-N W S t u a r t S t H a m p s h i r e R d Y o r k s h i r e S t County Rd 42C W Horsetooth Rd W Drake Rd W Prospect Rd RF LMN MMN POL UE RL NC Growth Management Area City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Residential Foothills Low Density Residential Urban Estate (UE) Mountain's Edge Annexation ± Zoning 1 inch = 1,250 feet ATTACHMENT 3 17.3 Packet Pg. 210 Attachment: Zoning Map (4257 : Mountain's Edge Annexation and Zoning) ATTACHMENT 4 17.4 Packet Pg. 211 Attachment: Annexation Petition (4257 : Mountain's Edge Annexation and Zoning) 17.4 Packet Pg. 212 Attachment: Annexation Petition (4257 : Mountain's Edge Annexation and Zoning) 17.4 Packet Pg. 213 Attachment: Annexation Petition (4257 : Mountain's Edge Annexation and Zoning) 17.4 Packet Pg. 214 Attachment: Annexation Petition (4257 : Mountain's Edge Annexation and Zoning) 17.4 Packet Pg. 215 Attachment: Annexation Petition (4257 : Mountain's Edge Annexation and Zoning) -1- RESOLUTION 2016-031 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MOUNTAIN’S EDGE ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Mountain’s Edge Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Mountain Edge’s Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby accepts the annexation petition for the Mountain’s Edge Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES, MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the Mountain’s Edge Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; Packet Pg. 216 -2- (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Mountain’s Edge Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Packet Pg. 217 -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 218 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2016-031 initiating annexation proceedings for the Mountain’s Edge Annexation, consisting of approximately 18.5 acres and generally located at 2430 South Overland Trail, Fort Collins, Colorado, said Annexation being more particularly described in Resolution 2016-031. That, on May 17, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 5th day of April, A.D. 2016. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 219 Attachment: Exhibit A (4264 : Mountain's Edge Annexation RESO) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Clark Mapes, City Planner SUBJECT Resolution 2016-032 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Prospect at Boxelder Creek Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for a segment of East Prospect Road right-of- way, located east of Summitview Drive and west of the Interstate 25 frontage road. The segment consists of two sections of property for which the City accepted deeds of dedication of right-of-way on March 15, 2016, and two sections of Larimer County right-of-way that are located in the current alignment of East Prospect Road. The segment is 1,084 feet in length and totals 1.76 acres. The two owners of the property the City recently accepted as right-of-way, the Glanzs and K&M Company LLLP, have signed the annexation petition. Larimer County staff has stated that the County is amenable to the annexation of this County right-of-way. The annexation is related to a City utility and street project to construct improvements at the crossing over Boxelder Creek by East Prospect Road. Proposed zoning is a combination of U-E, Urban Estate, and E, Employment consistent with the City Structure Plan. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act; determines that a hearing should be established regarding the annexation; and directs that notice be given of the hearing for the First Reading of the annexation and zoning ordinances, which is scheduled for May 17, 2016. The property is located within the Fort Collins Growth Management Area and is eligible for annexation. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property in the GMA when the property is eligible according to State law. The subject property gains the required one-sixth (16.66%) contiguity to existing city limits from several abutting properties. 42% of the total perimeter is contiguous to the existing municipal boundary, which exceeds the required minimum. The property to be annexed is comprised of one section of property to the south of the current East Prospect Road alignment, one section of property to the north of the current East Prospect Road alignment, and two sections of Larimer County right-of-way located in the current East Prospect Road alignment. K & M Company LLLP (K & M) owns the property to the south of the current East Prospect Road alignment and the Glanzs own the property to the north. The City accepted right-of-way dedications for the K & M and Glanz properties on March 15, 2016. The K & M and Glanz properties total .975 acres and the owners have signed the annexation 18 Packet Pg. 220 Agenda Item 18 Item # 18 Page 2 petition. The Larimer County right-of-way totals .786 acres. Larimer County staff has stated that the County is amenable to the annexation of this County right-of-way but the County’s policy is to not sign annexation petitions. The annexation of the 1.76 acre parcel creates two small enclaves, one of 15.4 acres and the other of 1.8 acres. These enclaves contain undeveloped property, with the exception of one single family house. This annexation request is in conformance with Section 30, Article II of the Colorado State Constitution, the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request because no developed property is involved requiring City services; and this annexation of right-of-way only fills two small gaps in existing city limits along East Prospect Road, with no new costs due to the annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on April 7, 2016, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on May 17, 2016. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings that complies with state statutes. ATTACHMENTS 1. Vicinity map (PDF) 2. Structure Plan map (PDF) 3. Proposed zoning (PDF) 4. Annexation petition (PDF) 18 Packet Pg. 221 Lake Canal Boxelder Creek Cache la Poudre Res Inlet Boxelder Creek East Prospect at Boxelder Creek Annexation Legendfeet 1 inch = 500 ± City Limits - Area City Limits - Outline Annexation Area E Prospect Rd Greenbriar Dr Interstate 25 S Summitview Dr Annexation Area ATTACHMENT 1 18.1 Packet Pg. 222 Attachment: Vicinity map (4266 : East Prospect at Boxelder Creek Annexation) Boxelder Creek Lake Canal Legend City Limits - Area Fort Collins GMA Planning Area Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Open Lands, Parks and Water Corridors East Prospect at Boxelder Creek Annexation 1 inch = 500 feet ± Structure Plan Map Annexation Area Annexation Area E Prospect Rd S Summitview Dr Interstate 25 ATTACHMENT 2 18.2 Packet Pg. 223 Attachment: Structure Plan map (4266 : East Prospect at Boxelder Creek Annexation) E E POL CG LMN T UE CCR T E Lake Canal Boxelder Creek Cache la Poudre Res Inlet Boxelder Creek East Prospect at Boxelder Creek Annexation Zoning Legendfeet 1 inch = 500 ± City Limits - Outline Annexation Area E Prospect Rd Interstate 25 S Summitview Dr Proposed Zoning: E Proposed Zoning: UE Enclave created Enclave created Existing enclave ATTACHMENT 3 18.3 Packet Pg. 224 Attachment: Proposed zoning (4266 : East Prospect at Boxelder Creek Annexation) ATTACHMENT 4 18.4 Packet Pg. 225 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) 18.4 Packet Pg. 226 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) 18.4 Packet Pg. 227 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) 18.4 Packet Pg. 228 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) $ $ !$ "$ $ $ 18.4 Packet Pg. 230 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) _______________________________________________ ____________ ________ _____________________, ___. _________________________________________________________ _________________________________________________________ EAST PROSPECT AT BOXELDER CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16, AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; LARIMER COUNTY, COLORADO REVISIONS: DATE: OF APPROVED BY: SHEET SCALE: DATE: DATE: DESIGNED BY: DRAWN BY: ENGINEERING DIVISION CHECKED BY: CITY OF FORT COLLINS, COLORADO Engineering City of EAST PROSPECT AT BOXELDER CREEK ANNEXATION SITE 6 ?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?(QJLQHHULQJ?(DVW3URVSHFW5RDG$QQH[?'HVLJQ?(3UVSFW$Q[B&'?(3UVSFW$QQH[GZJ 3DJHRI Attachment "B" Page 2 of 2 18.4 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) 18.4 Packet Pg. 233 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) 18.4 Packet Pg. 234 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) -1- RESOLUTION 2016-032 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAST PROSPECT AT BOXELDER CREEK ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the East Prospect at Boxelder Creek Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the East Prospect at Boxelder Creek Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby accepts the annexation petition for the East Prospect at Boxelder Creek Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51 FEET; THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET; THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET; THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; Packet Pg. 235 -2- THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET; THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET; THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING THREE (3) COURSES: 1. S00°11'35"W, A DISTANCE OF 60.02 FEET; 2. S88°21'25"E, A DISTANCE OF 514.24 FEET; 3. N01°38'35"E, A DISTANCE OF 102.50 FEET; THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID INTERSTATE LANDS SECOND ANNEXATION; THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the East Prospect at Boxelder Creek Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Packet Pg. 236 -3- Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the East Prospect at Boxelder Creek Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 237 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2016-032 initiating annexation proceedings for the East Prospect at Boxelder Creek Annexation, consisting of approximately 1.76 acres and generally located east of Summitview Drive and west of the Interstate 25 frontage road, said Annexation being more particularly described in Resolution 2016-032. That, on May 17, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Urban Estate (“U-E”) Zone District and the Employment (“E”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 5th day of April, A.D. 2016. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 238 Attachment: Exhibit A (4267 : East Prospect at Boxelder Creek Annexation RESO) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-033 Making Appointments to the Economic Advisory Commission and Youth Advisory Board EXECUTIVE SUMMARY The purpose of this item is to appoint Craig Mueller to the Economic Advisory Commission, and Megan Ronquillo and Roshini Narayanan to the Youth Advisory Board to fill board vacancies. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 19 Packet Pg. 239 -1- RESOLUTION 2016-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE ECONOMIC ADVISORY COMMISSION AND THE YOUTH ADVISORY BOARD WHEREAS, vacancies currently exists on the Economic Advisory Commission and Youth Advisory Board, due to resignations and term expiration; and WHEREAS, Councilmembers interviewed applicants for appointments to existing vacancies to the Boards and Commissions on March 10, 2016; and WHEREAS, from the pool of applicants for these Boards, Craig Mueller has been recommended to fill the vacancy on the Economic Advisory Commission, and Megan Ronquillo and Roshini Narayanan have been recommended to fill vacancies on the Youth Advisory Board; and WHEREAS, the City Council desires to make appointments to fill the vacancies on the Economic Advisory Commission and the Youth Advisory 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 Craig Mueller is hereby appointed to fill the vacant position on the Economic Advisory Commission with a term to commence immediately and to expire on December 31, 2018. Section 3. That Megan Ronquillo is hereby appointed to fill the vacant position on the Youth Advisory Board with a term to commence immediately and to expire on May 31, 2019. Section 4. That Roshini Narayanan is hereby appointed to fill the vacant position on the Youth Advisory Board with a term to commence on June 1, 2016 and to expire on May 31, 2020. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 240 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Lucinda Smith, Environmental Sustainability Director Jackie Kozak-Thiel, Chief Sustainabillity Officer SUBJECT Items Relating to Dust Prevention and Control. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. First Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. The purpose of this item is to implement regulations and a set of consistent best practices (Dust Control Manual) for twelve specific activities that generate dust in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during the February 9 Work Session, staff has developed an exception for small residential projects (less than 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. In addition to the regulations and set of best practices outlined in the Dust Control Manual, staff has developed and is implementing a tracking system for fugitive dust complaints. In addition, per Council direction, the City has enacted an Administrative Policy applying the Dust Control Manual to all City projects, so that the City is leading by example. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION “Fugitive dust” consists primarily of soil particles in the air caused by wind and human activities such as excavating, demolition, abrasive blasting, and other activities. Dust causes health impacts; safety, visibility, and aesthetic issues; and is a nuisance that can cause expensive damage to property and machinery. While there are existing state and county regulations that address dust, these regulations are not sufficient at controlling dust emissions in many cases because: Some sources of dust emissions, e.g., street sweeping, saw cutting, development projects less than 5 acres in size, etc. that affect Fort Collins citizens are not covered by state or county regulations. State and county compliance and enforcement resources are limited. City code compliance officers cannot enforce state and county dust control requirements. 20 Packet Pg. 241 Agenda Item 20 Item # 20 Page 2 On February 9, 2016, City Council reviewed the potential approaches to preventing, minimizing, and controlling dust within Fort Collins. Council directed staff to address dust control in four main ways: 1. First, lead by example as a municipal organization in adopting the Manual (attached as Exhibit A to Ordinance No. 044, 2016) into the City’s Administrative Policy. 2. Second, to collect additional data on the implications (from a cost perspective) to applying the proposed dust prevention and control regulations on residential properties. Council noted the significant community discussion around housing affordability as a key concern. 3. Third, Council asked staff to begin tracking dust complaints immediately, so that they can better assess the extent of the problem and tailor potential solutions in the future. 4. Finally, Council directed staff to develop a hybrid approach to regulating fugitive dust by requiring all sites to prevent, minimize and control dust; but to only apply the Manual on sites over a certain size. Council directed staff to ascertain what the right threshold (size) is to apply the Manual based on a data-driven approach and through additional stakeholder outreach. As discussed with Council, once adopted, staff is proposing that enforcement of these regulations be delayed until November 1, 2016 in order to allow for training and outreach to occur prior to enforcement. 1. Lead by Example While City operations and capital projects have consistently addressed dust on individual project sites, based on feedback from City Council, the City Manager adopted the Manual into the City’s Administrative Policy on March 22, 2016. Staff met with fifteen City Departments and developed the following approach to leading by example: City operations - will use the Manual to implement dust prevention and control immediately upon adoption into City Administrative Policy City Contracts - o New bids and Requests for Proposals (RFPs) - The Manual will be incorporated into the specifications or supplemental terms on all new bids as of March 2016. o In-process bids and RFPs - An addendum will be initiated if timing allows, or it will be incorporated in conjunction with contract negotiations. o Existing contracts - City staff will begin working on a process to amend existing contracts, either at the time of renewal or via change order or amendment, to ensure that all existing contracts are in compliance with the Manual by November 1, 2016 (proposed date for when the private sector shall comply with the proposed regulations). 2. Collect additional data on the cost implications of implementing the regulations, especially from a housing affordability perspective As discussed during the February 9 Work Session, staff worked with consulting firm, AECOM, and members of the Fugitive Dust Working Group to determine the impact, from a cost perspective, of implementing the proposed regulations around dust prevention and control. Since the work session, the cost data have been broken out according to the required versus additional best management practices and an additional data point has been developed for the costs for single family homes, see the table below. 20 Packet Pg. 242 Agenda Item 20 Item # 20 Page 3 Project Dust Mitigation Cost Total Project Cost Dust Cost as % of Overall Cost Notes Required BMPs Additional BMPs Total Costs 1. Infill Single Family Home – estimate 1* $700 $0 $700 $353,620 0.2% (0.2% required) Estimated costs, minimal dust control 2. Infill Single Family Home – estimate 2* $6,090 $6,080 $7,355 $360,275 3.4% (1.7% required) Estimated costs, maximum dust control 3. Greenfield Single Family Home – estimate 1 $700 $0 $700 $587,530 0.1% (0.1% required) Estimated costs, minimal dust control 4. Greenfield Single Family Home – estimate 2 $6,090 $8,580 $14,670 $600,000 2.4% (1.0% required) Estimated costs, maximum dust control 5. Horsetooth and Timberline Intersection $32,420 $3,320 $35,740 $3,304,501 1.1% (1.0% Agenda Item 20 Item # 20 Page 4 Requiring all projects to cover loads and use the required saw cutting and grinding best management practices (BMPs): Staff recommends requiring all projects to adhere to these standards because these dust generating activities can have significant impacts on neighbors and have minimal costs to control via the dust mitigation techniques outlined in the Manual. o For example, not covering loads is one of the most frequent complaints staff receives related to fugitive dust, and both of the required BMPs result in negligible to no additional costs to the operator. o Saw cutting and grinding was one of the activities that, when BMPs were applied, dust generated was reduced between 95-99% in the controlled observations. In addition, utilizing water when cutting or grinding is a technique that extends the life of the saw and is recognized as a best practice in the industry. Exempting residential projects under 10,000 square feet from applying the BMPs outlined in the Manual upfront: o During the Council work session, Councilmembers reiterated the communitywide concerns related to housing affordability. Staff was directed to develop a data-driven approach to finding the right threshold for which the Manual would only apply if problems occurred. o Staff reviewed building permits from 2015 and found that 80% of single family detached permits were for lots under 10,000 square feet. (For reference, one acre equals 43,560 square feet.) In addition, this threshold is comparable to when erosion control planning requirements are applied to sites (though that threshold is based on disturbed area instead of lot size). o Based on these data, staff shared these proposed thresholds with the Fugitive Dust Working Group, the Planning and Zoning Board, the Air Quality Advisory Board, and City staff. All groups felt that exempting residential projects under 10,000 square feet addressed the concerns related to housing affordability and encompassed the majority of residential housing projects that do not tend to generate significant amounts of dust. o The one exception to this threshold is when builders are constructing contiguous lots that exceed the 10,000 square foot threshold. Staff proposes that if a builder is constructing multiple lots that are contiguous to each other, and the total area of these contiguous lots exceeds 10,000 square feet, then the Manual should apply. Delayed enforcement: As discussed at the Council Work Session, staff is still proposing that enforcement be delayed until November 1, 2016. If adopted by City Council, staff would propose the following timeline for training, outreach, and enforcement: o May-June Develop training and enforcement materials o June-August Conduct training sessions with City staff and the private sector o June-October Conduct outreach on the regulations and the Manual o November Official enforcement begins CITY FINANCIAL IMPACTS Enforcement of the proposed dust control ordinance is expected to be handled by existing City staff in multiple departments. As the activities that generate dust span all types of City inspections, e.g., rights-of-way, developments, building construction, etc., all City inspectors will be trained to assist with enforcement in the field. This includes Code Compliance, Erosion Control, R-of-Way (ROW) staff, and Building Inspectors, at a minimum. This decentralized approach for enforcement is intended to minimize the added workload for each group and leverage the fact staff are already out in the field. Enforcement will add to the workload of these staff and potentially for others involved in the enforcement process such as the City Attorney’s Office, but the need for new resources for enforcement is not anticipated at this time. There is expected to be very limited additional cost to the City organization to comply with the Dust Control Manual. Generally, City departments are already implementing the BMP’s contained in the Dust Control Manual. A few departments have indicated that there would be budgetary impacts if they had to implement an 20 Packet Pg. 244 Agenda Item 20 Item # 20 Page 5 additional BMP (only one of which is required if dust is being transported off-site). Funding for dust suppression equipment in these limited cases is being sought through alternative avenues such as the City’s Innovation Fund. In addition, there could be indirect costs associated with the extra staff time spent implementing some of the BMP’s. BOARD / COMMISSION RECOMMENDATION City staff has met with six City boards throughout the development of the dust control and prevention materials: Air Quality Advisory Board (Attachment 5) – the Air Quality Advisory Board unanimously passed the following motion at its March 21, 2016 meeting: o The Air Quality Advisory Board continues to recommend adoption of the Dust Prevention and Control Manual for all projects within the community. o However, if Council chooses to adopt a hybrid approach as proposed by City staff, then the Board recommends prompt adoption of such approach and encourages staff to initiate soft enforcement as quickly as possible to ensure that contractors and the general public are made aware of these standards during the 2016 construction season. Building Review Board – staff visited with the Building Review Board on two occasions in 2014 and in 2015 to review the proposal. A third visit with the BRB is scheduled for May 2016. Land Conservation and Stewardship Board (Attachment 6) – the Land Conservation and Stewardship Board recommended adoption during its February 11, 2015 Board Meeting. Natural Resources Advisory Board (Attachment 7) – the NRAB reviewed the proposed regulations twice and submitted a memo to city Council in December 2015 expressing their support. Parks and Recreation Board (Attachment 8) – the Board unanimously supported the proposed regulations and Manual. Planning and Zoning Board (P&Z) (Attachment 9) – staff met with P&Z during their March 4 Work Session. Planning and Zoning indicated support of the hybrid approach proposed by City staff. As refinements were still being made to the Ordinances, a formal recommendation is scheduled for the April 7 P&Z meeting. Staff will provide the formal recommendation from P&Z prior to Second Reading of the Ordinance on April 19, 2016. PUBLIC OUTREACH Staff has conducted extensive public engagement on this issue since its inception in 2014. Since the work session, staff has conducted the following: Fugitive Dust Working Group - staff met with the Fugitive Dust Working Group (FDWG) to review the options for addressing Council’s direction to balance dust prevention and control with concerns around housing affordability. All FDWG members were instrumental in developing the proposal outlined and expressed support for the thresholds. Departmental Outreach - City staff from numerous City departments including Operation Services, Streets, Parks, Natural Areas, Forestry, Stormwater, Engineering, Water Reclamation, Traffic Operations, Transfort, Environmental and Regulatory Affairs, Recreation, and Building Services, had an opportunity to provide feedback on the Dust Control Manual from an operational perspective. 20 Packet Pg. 245 Agenda Item 20 Item # 20 Page 6 ATTACHMENTS 1. Council Work Session Summary, February 9, 2016 (PDF) 2. Additional Data Regarding Cost Assumptions (PDF) 3. Public Engagement Summary (PDF) 4. Sustainability Assessment Summary and Tool (PDF) 5. Air Quality Advisory Board minutes, March 21, 2016 (draft) (PDF) 6. Land Conservation and Stewardship Board minutes, February 11, 2015 (PDF) 7. Natural Resources Advisory Board Memo, December 17, 2015 (PDF) 8. Parks and Recreation Board minutes, December 2, 2015 (PDF) 9. Planning and Zoning Board minutes, December 17, 2015 (PDF) 10. City Administrative Policy on Dust Prevention and Control (PDF) 11. Powerpoint presentation (PDF) 20 Packet Pg. 246 ATTACHMENT 1 20.1 Packet Pg. 247 Attachment: Council Work Session Summary, February 9, 2016 (4261 : Dust Prevention and Control) Fugitive Dust – Updated Summary of Cost Estimates This document is a summary of six estimates of the costs associated with dust control, prevention and mitigation at four project types. The data were compiled by AECOM, a private consulting firm in consultation with local contractors or City project managers. The overall costs are summarized below for each analysis, and then more detailed costs on each cost estimate, including assumptions, are provided on the following pages. Summary of Cost Estimates for the Various Project Types Project Dust Mitigation Cost Total Project Cost Dust Cost as % of Overall Cost Notes Required BMPs Additional BMPs Total Costs 1. Infill Single Family Home – estimate 1* $700 $0 $700 $353,620 0.2% (0.2% required) Estimated costs, minimal dust control 2. Infill Single Family Home – estimate 2* $6,090 $6,080 $7,355 $360,275 3.4% (1.7% required) Estimated costs, maximum dust control 3. Greenfield Single Family Home – estimate 1 $700 $0 $700 $587,530 0.1% (0.1% required) Estimated costs, minimal dust control 4. Greenfield Single Family Home – estimate 2 $6,090 $8,580 $14,670 $600,000 2.4% (1.0% required) Estimated costs, maximum dust 1. Infill Single Family Home – Estimate 1- 1500 square feet scrape and rebuild – Minimum Dust Control Activity Dust Activity Task Required BMPs Additional BMPs Notes Demolition Demolition Drop Height no additional cost N/A Minimizing drop heights will add minutes per labor shift to the operator’s time Site Work Earth Moving Drop Height no additional cost N/A see above Grading Reduce Vehicle Speed no additional cost N/A Low speeds are already practiced within construction areas Material Transport Drop Height no additional cost N/A see above Structural Cutting & Grinding Restrict Access no additional cost N/A Construction areas usually restrict access to the site. Additional signs, blockades or temporary fencing may be constructed to further restrict access Site/Street Cleanup Track-out/Carry- out Deposition Removal $700 N/A Manually removing deposition left on the site and in the street will be removed by push broom and water. Depending on the size of the site and frequency of cleanup this is estimated to be 0.2% of total project cost Project Total: $353,620 Mitigation Total: $700 $0 Required BMPs: 0.2% of Project Total Additional BMPs: 0% of Project Total 20.2 Packet Pg. 249 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) 2. Infill Single Family Home – Estimate 2- 1500 square feet scrape and rebuild – Maximum Dust Control Activity Dust Activity Task Required BMPs Additional BMPs Notes Demolition Demolition High Wind Restriction $2,050 N/A Assume stop work less than 0.5% (0.2 hours) of a 40 hour week for employees and equipment rentals. Assume 8 employees per site at an average rate of $28/hr and rental fees of $800/hr total for all equipment stopping work. Assume total demolition time of 1 week. Wet Suppression N/A $1500-$2000 This involves renting a meter, hose, and pressure nozzle and acquiring a permit to utilize a fire hydrant for water suppression. Site Work Earth Moving High Wind Restriction $1,650 N/A Assume stop work less than 0.5% (0.2 hours) of a 40 hour week for employees and equipment rentals. Assume 6 employees per site at an average rate of $28/hr and rental fees of $650/hr total for all equipment stopping work. Assume total earthmoving/grading time of 1 week. Wet Suppression N/A $1500-$2000 see above Grading High Wind Restriction $1,650 N/A Assume stop work less than 0.5% (0.2 hours) of a 40 hour week for employees and equipment rentals. Assume 6 employees per site at an average rate of $28/hr and rental fees of $650/hr total for all equipment stopping work. Assume total earthmoving/grading time of 1 week. Wet Suppression N/A $1500-$2000 see above Material Transport Load Cover N/A $80 Assume rental from truck service with load covers for extra $10/hr for 8 hours of hauling ($80) Structural Cutting & Grinding Slurry Cleanup/On tool exhaust $40 N/A On tool exhaust systems cost ~$160/ea. Assume 5 tools equipped with exhaust and 5% of total tool cost per project 3. Greenfield Single Family Home – Estimate 1- 3,000 square feet scrape and rebuild – Minimum Dust Control Activity Dust Activity Task Required Additional Notes Demolition Demolition Drop Height no additional cost N/A Minimizing drop heights will add minutes per labor shift to the operator’s time Site Work Earth Moving Drop Height no additional cost N/A see above Grading Reduce Vehicle Speed no additional cost N/A Low speeds are already practiced within construction areas Material Transport Drop Height no additional cost N/A see above Structural Cutting & Grinding Restrict Access no additional cost N/A Construction areas usually restrict access to the site. Additional signs, blockades or temporary fencing may be constructed to further restrict access Site/Street Cleanup Track-out/Carry-out Deposition Removal $700 N/A Manually removing deposition left on the site and in the street will be removed by push broom and water. Depending on the size of the site and frequency of cleanup this is estimated to be 0.2% of total project cost Project Total: $587,530 Mitigation Total: $700 $0 Required BMPs: 0.1% of Project Total Additional BMPs: 0% of Project Total 20.2 Packet Pg. 251 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) 4. Greenfield Single Family Home – Estimate 1- 3,000 square feet scrape and rebuild – Maximum Dust Control Activity Dust Activity Task Required BMPs Additional BMPs Notes Demolition Demolition Drop Height $2,050 N/A Minimizing drop heights will add minutes per labor shift to the operator’s time Wet Suppression Wet Suppression N/A $1500-$2000 This involves renting a meter, hose, and pressure nozzle and acquiring a permit to utilize a fire hydrant for water suppression. Site Work Earth Moving Drop Height $1,650 N/A Minimizing drop heights will add minutes per labor shift to the operator’s time Wet Suppression N/A $1500-$2000 see above Grading High Wind Restriction $1,650 N/A Assume stop work less than 0.5% (0.2 hours) of a 40 hour week for employees and equipment rentals. Assume 6 employees per site at an average rate of $28/hr and rental fees of $650/hr total for all equipment stopping work. Assume total earthmoving/grading time of 1 week. Wet Suppression N/A $1500-$2000 see above Material Transport Load Cover N/A $80 Assume rental from truck service with load covers for extra $10/hr for 8 hours of hauling ($80) Structural Cutting & Grinding Slurry Cleanup/On tool exhaust $40 N/A On tool exhaust systems cost ~$160/ea. Assume 5 tools equipped with exhaust and 5% of total tool cost per project ($40) Site/Street Cleanup Deposition Removal Deposition Removal $700 N/A Manually removing deposition left on the site and in the street will be removed by push broom and water. Depending on the size of the site and frequency of 5. Horsetooth and Timberline Intersection – Actual Costs Activity Dust Activity Task Required Additional Notes Demolition Stockpiles & Earthmoving Drop Height no additional cost N/A Minimizing drop heights will add minutes per labor shift to the operator’s time. Open Areas Synthetic Cover $23,220 N/A Purchase and application of synthetic or natural cover at $0.63/sy and labor costs. Costs associated with this mitigation measure will vary greatly depending on material costs and size of the area being covered. Site Work Track-out/Carry out Track out Pads $5,800 N/A This cost was pulled directly from the bid sheet for the project Track-out/Carry out Sweeping $3,100 N/A For this project a brush roller system could be operated to remove debris from the road Bulk Material Transport Load Cover N/A $3,320 Assume 4 tandem trucks operating to remove site debris including concrete. Each load cover is priced at $415. Cutting & Grinding On-tool Wet Suppression $300 N/A Tool attachments run between $150-300 per tool used. Project Total: $3,304,501 Mitigation Total: $32,420 $3,320 Required: 1.0% of Project Total Additional: 0.1% of Project Total 20.2 Packet Pg. 253 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) 6. Project: 222 Laporte City Building – Actual Costs Activity Dust Activity Task Required BMPs Additional BMPs Notes Demolition Demolition Enclosed Mortar Mixer, Building Permit N/A $10,000 Enclosed Mortar Mixer, Building Permit- As costed Stockpile Fencing and High Wind Restrictions (40mph) $5,000 N/A Fencing and High Wind Restrictions (40mph) – Stop work should occur when winds exceed 30mph Site Work Track-out/Carry out Track out Pads $15,000 N/A As costed Track-out/Carry out Wet Suppression $7,500 N/A Most companies will rent or sub this work activity out on an as-needed basis Cutting and Grinding On-tool wet Suppression $7,500 N/A Tool attachments run between $150-300 per tool used. Construction Drywall & Other $5,000 N/A Dust mitigation associated with construction and cutting activities Project Total: $10,000,000 Mitigation Total: $40,000 $10,000 Required: 0.4% of Project Total Additional: 0.1% of Project Total Overall Note: All costs were provided as lump sums from the project manager. 20.2 Packet Pg. 254 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE: Dust Control and Prevention OVERALL PUBLIC INVOLVEMENT LEVEL: Involve BOTTOM LINE QUESTION: Shall the Council adopt code amendments to control fugitive dust? KEY STAKEHOLDERS: Developer/contractor community, City Departments, residents TIMELINE: 2013-2016 PHASE 1: Internal stakeholder outreach Timeframe: April 2014 – September 2014 Key Messages: Help us define the problem and devise a solution Tools and Techniques: Meetings with affected staff groups Community Development & Neighborhood Services Engineering Streets Regulatory & Governmental Affairs Storm Water Water Engineering & Field Services City Attorney Larimer County Department of Health and Environment PHASE 2: External and internal stakeholder engagement Timeframe: June 2014 – February 2015 Key Messages: Staff is working on fugitive dust control. How can we improve our proposal? How will dust control requirements affect you? Tools and Techniques: Board/Commission meetings - Air Quality Advisory Board, Building Review Board, Planning and Zoning Board, Natural Resources Advisory Board, Parks and Recreation Board, Land Conservation and Stewardship Board Online Survey – 163 respondents Open House – February 2015 (14 attendees) Specific outreach to the business community, including the Chamber of Commerce, business meetings, and a stakeholder meeting with 23 attendees in December 2014 ATTACHMENT 3 20.3 Packet Pg. 255 Attachment: Public Engagement Summary (4261 : Dust Prevention and Control) PHASE 3: Pilot Project – Field Data Collection and Fugitive Dust Working Group Timeframe: June 2015 – February 2016 Key Messages: Now that draft Ordinances and a Draft Dust Prevention and Control Manual has been drafted, how can these products be improved? What are the cost, time to implement, water use, dust prevention, and other impacts of this proposal? Tools and Techniques: Monthly Fugitive Dust Working Group Meetings Data collection at construction sites (baseline data to understand current practices) and controlled observations (to test how applying the best management practices outlined in the manual reduces dust generation) PHASE 4: Additional Outreach Timeframe: September 2015 – February 2016 Key Messages: What remaining concerns do you have on this project? Tools and Techniques: Council Work Session (February 9) Additional outreach to the business community, e.g., the Northern Colorado Homebuilders Association, Chamber of Commerce Local Legislative Affairs Committee, etc. Recommendations from Boards and Commissions PHASE 4: (If Adopted) Training and Public Outreach Timeframe: April 2016 – December 2016 Key Messages: This is how to implement the Dust Prevention and Control Manual – from either an enforcement perspective or a contractor perspective Tools and Techniques: Training sessions will include presentations that include a general overview of the changes to the Code, the guidance manual, and requirements of individual parties. Training sessions will be conducted with a) all City staff, including front line building staff; b) City inspectors; c) Contractors, developers, etc. (including both City and private sector staff that generate dust). Enforcement materials will include draft enforcement worksheet that will be completed by inspectors in the field, the draft spreadsheet for tracking enforcement, and a Sharepoint site to manage the various inspection documents. Outreach is designed to inform the general public about the regulations that have been adopted. Staff intends to develop a communication plan that includes both traditional notifications, e.g., Utility mailer, as well as social media. Staff will work with the Communications and Public Involvement Office to craft these materials. 20.3 Packet Pg. 256 Attachment: Public Engagement Summary (4261 : Dust Prevention and Control) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 SUSTAINABILITY ASSESSMENT SUMMARY DATE: November 2015 SUBJECT: Sustainability Assessment (SA) Summary for Dust Prevention and Control Strategies Key issues identified: Dust control proposal will likely reduce fugitive dust, leading to improved human health for residents and workers at dust-generating sties, improved safety, and improved aesthetics such as visual air quality. Overall, proposal will have a positive impact on the environment by reducing particulate matter emission into the air and water. Proposal may result in more water use. Proposal may result in more waste generation from increased use of wind barriers. Although many companies already employ dust mitigations strategies, and mitigation strategies are required by county and state government for dust-generating sources greater than five acres, the cost associated with implementing control measures not previously required could negatively impact those businesses. Suggested mitigation actions: Dust control ordinance could be over-ridden by City Council at times where a drought conditions exist. At least some wind barrier materials could be recycled. Economic , -1.1 Social , 1.7 Environmental 1.8 Rating Average, 0.8 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 4 20.4 Packet Pg. 257 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 2 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (Completed November 2015) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less The City has developed a proposed ordinance to adopt municipal code language and a Dust Prevention and Control Manual that establishes minimum requirements consistent with nationally recognized practices for controlling fugitive dust emissions, and identifies additional dust control measures that could be used to prevent off-property transport or off-vehicle transport of fugitive dust emissions for 12 specific dust generating activities. The objective of the City’s fugitive dust control program is to prevent health and ecosystem impacts as well as nuisances from dust emissions through the application of readily available and generally accepted dust control measures. Staff lead(s): Please note staff name, position/division and phone number Lindsay Ex, Environmental Program Manager Environmental Services Department (970) 224-6143 20.4 Packet Pg. 258 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) 3 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion Increased dust control can improve the health of residents who otherwise would be subject to fugitive dust emissions, esp. keeping in mind ¼ of Fort Collins households have a member who has a respiratory illness. This could lead to decreased costs for doctor or hospital visits. Dust control can improve worker health or reduce risk of health problems at the site of the dust generating activity. Dust that contains silica or toxic materials can be especially harmful. Dust control can also improve indoor air quality and reduce the amount of particulates that are tracked in a home. Reducing or eliminating blowing dust in traffic areas and the improved visibility will improve safety for drivers, bicyclists, pedestrians, etc. The whole objective of the proposal is to prevent health and ecosystem impacts from fugitive dust. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? The proposal will provide increased relief to neighborhoods/residents who experience the impacts of fugitive dust while any additional costs for 20.4 Packet Pg. 259 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) 4 • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) implementation may be passed on to a larger group of customers. The EPA’s Web page on PM states ‘According to the American Academy of Pediatrics, children and infants are among the most susceptible to many air pollutants. Children have increased exposure compared with adults because of higher minute ventilation and higher levels of physical activity.” People with heart or lung diseases, children and older adults are the most likely to be affected by particle pollution exposure. However, even if you are healthy, you may experience temporary symptoms from exposure to elevated levels of particle pollution. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? The proposal will increase safety of everyone who otherwise would have been experiencing fugitive dust emission (work site employees, drivers and bicyclists, pedestrians and neighbors) 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? Citizen surveys have repeatedly shown that Fort Collins citizens value good visual air quality and mountain views. Controlling dust would reduce visual impairment and increase good visibility in Fort Collins. The proposal will not have a negative impact on minorities. Proposal may influence citizens’ perspective of the City government either favorably or negatively. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? Urban fugitive dust concerns are often localized in nature. Controlling dust will aid neighborhoods or individuals who have dust concerns. There has been significant outreach regarding this proposal include 2 open houses, an on-line survey, individual meetings with stakeholders, meetings with stakeholder groups, a Fugitive Dust Working group, and discussion with many staff departments. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? Staff will engage with the private sector dust-generating activities to 5 ESD staff will provide training on inspection and enforcement to City inspectors who are routinely in the field for other inspections, and will also provide info to Admin and other staff in departments who might encounter calls/questions about the dust control program. Social Equity Summary Key issues: Dust control proposal will likely reduce fugitive dust, leading to improved human health for residents and workers at dust-generating sties, improved safety, and improved aesthetics such as visual air quality. Potential mitigation strategies: Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +1.7 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. 20.4 Packet Pg. 261 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) 6 • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Analysis/Discussion Fugitive dust can harm ecosystems so controlling dust will reduce or minimize harmful ecosystem impacts (i.e. harm plant growth, water quality, air quality). Implementation of the proposal will raise awareness for dust-generating sources about pollution prevention and dust control best management practices. If mis-applied, chemical stabilization agents can harm ecosystem health. Controlling dust will improve the visual and aesthetic environment in Fort Collins, as well as air quality Implementation of the proposal will likely increase water use for wet suppression and therefore not support water conservation goals. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? The proposal may have very minor positive or negative impacts on GHG emissions. Would reduce GHG emissions: Reduced vehicle speeds might use less fuel per mile than higher speeds. If causes reduction in use of mechanical blowing Carbon sequestration would increase from revegetation efforts. Would increase GHG emissions: Increased water use and the GHG emissions associated with water treatment Increased driving if conducting more site inspection visits 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? 7 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? Use of chemical stabilization agents can have harmful environmental impacts. The Dust Manual prohibits the use of asphalt-based chemical stabilizers. 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? Proposal may result in increased slurry and associated clean up needs. Proposal may increase waste from disposal of used wind barrier material. NOTE: this could be mitigated through recycling of the material.) 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? Proposal may benefit those outside City limits (i.e. in the GMA) by preventing dust from being transported out of the city. Proposal could foster a tool-sharing opportunity for certain dust suppression tools. Environmental Health Summary Key issues: Overall, proposal will have a positive impact on the environment by reducing particulate matter emission into the air and water. Proposal may result in more water use. Proposal may result in more waste generation from increased use of wind barriers. Potential mitigation strategies: Dust control ordinance could be over-ridden by City Council at times where a drought conditions exist. At least some wind barrier materials could be recycled. Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +1.8 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately 8 Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion Proposal may harm local private sector who engages in dust generating activities if they have to implement controls that have added cost. Proposal may benefit companies who offer dust suppression services. Proposal does not introduce any new permits or fees. Proposal may decrease workers comp costs if employees are exposed to less dust pollution. Proposal is likely to increase the amount of staff times spent inspecting and enforcing dust control, but should result in better outcomes. may either add net add work load to existing staff for conducting inspections/do enforcement or reduce net time spent by multiple staff responding to dust complaints with no enforcement approach available. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? Likely minimal impact on job creation unless City inspection needs rise to level of needed new staff resources that are funded. Implementation of dust program could add an intern or graduate student job opportunities. Proposal will provide training to city staff and dust generators on dust control BMPs. 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? Proposal could support research into environmentally preferable chemical stabilizers or alternative methods for dust suppression from street sweeping. 20.4 Packet Pg. 264 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) 9 • How will the proposal impact start-up or existing businesses or development projects? 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? Proposal does enhance the tools available to local businesses by providing clarity about dust suppression BMP as discussed in the manual. Proposal could benefit local companies that provide dust suppression services. Businesses excelling at dust suppression could be showcased for their exemplary efforts. 5. Relevance to Local Economic Development Strategy Proposal could benefit local companies that provide dust suppression services. Economic Prosperity Summary Key issues: Although many companies already employ dust mitigations strategies, and mitigation strategies are required by county and state government for dust-generating sources greater than five acres, the cost associated with implementing control measures not previously required could negatively impact those businesses. Potential mitigation strategies: Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average -1.1 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected 20.4 Packet Pg. 265 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) Page 1 MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD Date: Monday, March 21, 2016 Location: Community Room, 215 N. Mason Street Time: 5:30–8:00pm For Reference John Shenot, Chair Ross Cunniff, Council Liaison 970-420-7398 Lucinda Smith, Interim Staff Liaison 970-224-6085 Board Members Present Board Members Absent Rich Fisher John Shenot, Chair +Gregory Miller Robert Kirkpatrick Jim Dennison +Vara Vissa (6:00) +Tom Griggs +Mark Houdashelt +Chris Wood Staff Present Lindsay Ex, Staff Liaison/Environmental Program Manager Dianne Tjalkens, Admin/Board Support Cassie Archuleta, Environmental Planner Councilmembers Present Guests None Call to order: 5:31pm … AGENDA ITEM 3: Fugitive Dust Ordinance Lindsay Ex updated the Board on the work done by staff and the Fugitive Dust Working Group since City Council’s February 9 work session. April 5 going to Council Work Session. 1. Leading by Example: the manual will be part of City project policy—will start immediately, except for existing contracts. 2. Data on Costs: determined minimum and maximum costs per single family home based on infill, greenfield, size, etc. 3. Monitoring/Tracking: have developed system to track and act on complaints. 4. Hybrid Approach: concerns for housing affordability, developed hybrids as result. a. Proposing all projects must prevent, minimize and control dust b. All projects must apply BMPs for materials transport and saw cutting. c. Manual is used for residential projects over 10Ksf. d. Manual applies to projects under 10Ksf if two written warnings per year. e. If not preventing off-property transport must apply at least one additional BMP. Going to Planning and Zoning Board for recommendation. DRAFT ATTACHMENT 5 20.5 Packet Pg. 266 Attachment: Air Quality Advisory Board minutes, March 21, 2016 (draft) (4261 : Dust Prevention and Control) Page 2 Comments/Q&A What accounts for range between minimum and maximum costs? o Maximum assumes that will have to use additional BMPs because minimum required dust suppression is not working. Can we accelerate implementation? Will miss this construction season. Can we have soft enforcement sooner with training and education? o Did previous recommendation support delayed enforcement? Supported December enforcement. Difficult to move soft enforcement into summer? Goes to Council in April. Could there be a notice that goes to all construction to read website and begin practicing? Need to determine what earliest date could be. Many teams involved in enforcement. Opportunity to be a good neighbor. Don’t want to push Council too much when finally starting to take action. o Proactively educate community. o Clarification: If builder with contiguous lots, become a site larger than 10Ksf. Know what is coming up because of building permits. o Over 70% of building permits were over 10Ksf. o Should be about dust generating potential, rather than arbitrary cut-off. By including saw cutting, covered loads, and two warnings, address the largest dust generating activities. o Includes renovations, road building, etc.? Would include checklist for smaller projects. Have email list for all contractors in community. What percentage of dust problem does this solve? o Never had a complaint on construction of a single family home site. o Applies to large residential and all commercial developments. o Ozone is regional problem; this is a problem of a small area. Good neighbor policy. What about properties that have both commercial and residential? o Will have to look at attorney’s language for mixed use sites. Some residential lots are larger than 10Ksf. Important to build awareness. Ex: reducing speeds on dirt roads, esp. on private properties. Community should be made aware. o 80% of all single family residential is under 10Ksf. o Council is okay with compromise because tracking system allows staff to determine where the problems are. Have never had complaints on single family homes. Costs are high to apply to single family homes. Rich moved and Tom seconded a motion to support the following recommendation to Council: The Air Quality Advisory Board continues to recommend adoption of the Dust Prevention and Control Manual for all projects within the community. However, if Council chooses to adopt a hybrid approach as proposed by City staff, then the Board recommends prompt adoption of such approach and encourages staff to initiate soft enforcement as quickly as possible to ensure that contractors and the general public are made aware of these standards during the 2016 construction season. Motion passed unanimously, 6-0-0. ACTION ITEMS: Lindsay will look more into when soft enforcement of ordinance could begin. 20.5 Packet Pg. 267 Attachment: Air Quality Advisory Board minutes, March 21, 2016 (draft) (4261 : Dust Prevention and Control) Land Conservation and Stewardship Board Page 2 Public Comments: None Action Items: Dust Control Manual – Melissa Hovey Due to an increase in development in the city and more and more complaints about dust City Council requested the City Environmental Services Division propose code changes to the current regulations to implement the best practices outlined in the Dust Prevention and Control Manual. Health and environmental impacts from particulate matter are causing this to be a priority for the department to close the gap in regulations and enforcement actions. Environmental Services is seeking LCSB support for the municipal code change, a Dust Guidance Manual and an internal policy and public outreach effort. No new fees would be implemented; this is using existing staff in the field to respond to complaints. This is less active than some of enforcement procedures so it’s mostly based on a complaint and enforcement actions. This does not require any new permits, additional inspections, extra requirements or additional fees. We are not expecting zero dust, but the enforcement would address whether or not you are following dust control guidelines. Applicable activities that would most affect the Natural Areas Department would be any and all earthmoving activities, track out/carry out activities, unpaved roads and haul roads. Melissa listed the site where a dust control survey can be taken by the general public http://www.fcgov.com/airquality/fugitive-dust.php . Kelly reported that this issue isn’t going before Council for a year and wanted to know why. Melissa – I don’t know why, but I did inquire as to whether or not that was accurate and was told yes. We are hoping that maybe after April that we can bring this issue back. Kelly proposed it might be brought back to the table after the election. Melissa reported that there has been much industry push back, specifically with the regulations because most industry has their own dust control management practices in place and feel the code to be duplicative of what they are currently doing. Kathryn – Would it be helpful to have the general public write in to Council supporting the issue? Melissa- We are directing the public to go to Fort Collins Access and make an initial record of it versus just writing a letter. Kathryn – At what level is dust classified as fugitive and how do you define the term fugitive and then how do you go about measuring this? Land Conservation & Stewardship Board February 11, 2015 ATTACHMENT 6 20.6 Packet Pg. 268 Attachment: Land Conservation and Stewardship Board minutes, February 11, 2015 (4261 : Dust Prevention and Control) Land Conservation and Stewardship Board Page 3 Melissa – The word fugitive means that it does not come from a stack chimney or vent, it’s just out blowing around. We use EPA guidelines to help us measure it. Trudy - Would it be helpful to submit a letter, from the board, to Council asking them to put the item back on the agenda? Kelly – It seems like there has to be a better way to get people to comply with the regulations and I understand the goal is compliance, but it’s not punitive. Melissa – The goal is to get someone from our staff, on the property to enforce the rules. Kathryn – How do you prove infraction? Melissa – Basically we are asking if you are doing this type of activity then are you using these management practices. There is an assumption that dust emissions transferred over the property line and if that’s the case then dust control measures must be in place. Kelly – I would really like the LCSB to support this in the strongest way possible. Where is the push back coming from? Melissa - The larger guys that have worked out of state understand the regulations, but the smaller size businesses that have only operated in northern Colorado are unfamiliar with this, they are fearful of it, it’s new and they are quickly reading a 40 page manual and simply can’t afford it. We’ve been very successful meeting with these smaller companies. It’s an education hurdle to overcome but after we talk with them and give them the information they become supportive of the idea. Kathryn - I support this because of the health implications, especially for children. The asthma rate is very high right now and seems to be getting worse. Edward – Would there be a need to put in the letter what the stakes are, in this, for the Natural Areas Department or are we just voicing an opinion on this. Mark – We have a huge stake in this issue. Rick Bachand and Justin Scharton reviewed this as well because we have some operations that this affects. We do a lot of earth moving projects and agricultural projects so we certainly have concerns. We didn’t think there was anything in the manual that we wouldn’t live up to. Those concerns are also listed in the Dust Control memorandum that was sent out. Trudy – Wasn’t it clear in the memo you sent out how this affect the Natural Areas Department? Mark –Yes. Trudy Haines made a motion to send a letter to City Council recommending the item be put back on the March agenda and that City Council approve the proposed Code changes to implement the best practices outline in the Dust Prevention and Control Manual developed by the Environmental Services Department.. Kathryn Grimes seconded the motion. The motion was unanimously approved. 20.6 Packet Pg. 269 Attachment: Land Conservation and Stewardship Board minutes, February 11, 2015 (4261 : Dust Prevention and Control) Land Conservation and Stewardship Board Page 4 Mark agreed to leave the memorandum as is and just add the language to encourage the item to be placed on the March City Council agenda. 20.6 Packet Pg. 270 Attachment: Land Conservation and Stewardship Board minutes, February 11, 2015 (4261 : Dust Prevention and Control) Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE: December 17, 2015 TO: Mayor and City Council Members FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB) SUBJECT: Recommendation on Fugitive Dust Control The NRAB has twice reviewed draft guidelines for controlling fugitive dust in Fort Collins prepared by the Environmental Services Department, a problem arising from citizen nuisance complaints and dutifully addressed by Staff. We are swayed by the need for, and the multiple benefits of, dust control, both for the health of our citizens and of our many wetlands and waterways, as well as supplementing ongoing efforts to darken our nighttime skies. The guidelines seem appropriate, not overly costly or invasive, and very much in line with similar nuisance dust guidelines in other areas of the arid west. We urge Council to put the Fugitive Dust Control elements in place by amending the Municipal and Land Use Codes, adopting the Dust Control Manual, and approving any other actions necessary to support this common sense dust control effort. Respectfully submitted, John Bartholow Chair, Natural Resources Advisory Board cc: Darin Atteberry, City Manager Susie Gordon, Sr. Environmental Planner ATTACHMENT 7 20.7 Packet Pg. 271 Attachment: Natural Resources Advisory Board Memo, December 17, 2015 (4261 : Dust Prevention and Control) Parks & Recreation Board Meeting – December 2, 2015 Page 1 of 5 Full Minutes AGENDA ITEMS: Fugitive Dust Presentation - Lindsay Ex, Environmental Program Manager Lindsay explained to the P&R Board that the reason for the presentation was because there are implementation implications for Parks with regards to the proposed Municipal and Land Use Code changes that acknowledge the fugitive dust manual and align existing requirement; but staff is seeking a recommendation from the P&R Board to adopt the proposed Fugitive Dust Standards. Fugitive dust is solid particles suspended in the air that don’t pass through any type of filter or vent. There are existing regulations in place at the State and County level, but existing Fort Collins regulations are difficult to enforce. The manual and proposed Municipal and Land Use Code changes are meant to help close the “gaps” and provide clear and upfront guidance on how to comply and alleviate the inconsistencies across the City. The regulation standards only apply if dust is transported off property. Through air monitoring and air emissions data we can show that there are air quality concerns. In addition, staff responds to 50-100 citizen concerns/complaints in a year. The City is proposing an approach to the fugitive dust issue by updating the Municipal & Land Use Codes to reflect the standards established by the fugitive dust manual, supporting the fugitive dust manual which addresses 12 dust generating activities and provides multiple options for compliance depending on the activity which can significantly reduce fugitive dust, providing training, and ensuring there is significant public outreach. Some implications to adopting the fugitive dust requirements are related the cost. There are low-cost solutions in some cases that could include wet suppression or minimizing drop heights on equipment. However, there are other solutions that have a much higher cost such as high wind restrictions or the need purchase different equipment to do a job that will reduce dust (i.e., a street sweeper with a vacuum). Discussion Board – Who is responsible for the compliance, a contractor or sub-contractor? Staff – We would be looking at who was most culpable, but it’s not so much about citations as it is about compliance. There will be a lot of teaching moments. Board – How does CSU fit into this? Staff – They are regulated and controlled by the State and Federal Government, so the City doesn’t have any enforcement abilities. Board – A good contact at CSU if the City wants to reach out to establish a fugitive dust partnership would be Steve Reynolds. He is a Professor and Associate Department Head for Environmental and Radiological Health at CSU and dust is his “gig”. He would be a great ambassador. Staff – Thank you for the information. Board – How are you measuring the success of this regulation? Staff – We will probably measure through compliance and complaints. Board – It would be a great project goal if you could find a way to measure the air quality long-term since the purpose is about better air quality. Staff – We could potentially take dust tracking and continue to measure site by site, but monitoring overall air quality is very difficult with the limited equipment we have. Board – It seems that measuring air quality would be a more proactive/positive approach. Board – Have there been any complaints on horse riding facilities? Staff – Not that I’m aware of, but they are covered in the manual. Board – What are the scope of complaints? Are they on homeowners or constructions sites? My concern would be if the measurement was complaint driven, it would adversely affect small businesses and homeowners. Staff – Most complaints are on large construction sites. I’m not aware of any complaints on homeowners, but we would be working with a homeowner by providing options, not typically citations. Board – What about tree removal? Parks and Recreation Board December 2, 2015 ATTACHMENT 8 20.8 Packet Pg. 272 Attachment: Parks and Recreation Board minutes, December 2, 2015 (4261 : Dust Prevention and Control) Parks & Recreation Board Meeting – December 2, 2015 Page 2 of 5 Staff – Yes, landscaping is a part of the manual and it could include something like covering a load. Board – What about chipping? Staff – Sawdust is typically due to a dull blade, and you have to remember fugitive dust is what leaves the property. It’s not an issue when it’s on the property. Staff – Using best practice intentions with options will help keep us in compliance. Board – Does Parks support with the Fugitive Dust Standards? Staff – Yes. Ragan Adams made a motion to approve support for the Fugitive Dust Standards proposal. Seconded by Bruce Henderson VOTE: 9:0 in favor to approve No further discussion 20.8 Packet Pg. 273 Attachment: Parks and Recreation Board minutes, December 2, 2015 (4261 : Dust Prevention and Control) Planning & Zoning Board December 17, 2015 Page1 Project: Fugitive Dust Regulation & Guidance Manual Project Description: This is a request for a Recommendation to City Council regarding various revisions to the Land Use Code related to a comprehensive approach to governing fugitive dust on a city- wide basis. The proposed revisions have been initiated by the Environmental Services Department and are intended to work in conjunction with a larger set of proposed revisions to City Code that will be considered by City Council on January 5, 2016. In addition, a Dust Prevention and Control Manual will be provided describing best practices for a variety of activities and industries and at various scales. Revisions to the Land Use Code must first be evaluated by the Planning and Zoning Board before City Council First Reading. These revisions are being brought to the Planning and Zoning Board outside the annual update process in order to ensure that complete package of all code revisions, including the Dust Prevention and Control Manual, are forwarded to City Council in a comprehensive manner. Recommendation: Approval Staff and Applicant Presentations Environmental Planner Ex gave a brief staff presentation of this project, highlighting the prior concerns and what changes were developed. She recapped some statistics of the dust-generating activities and referenced the proposed guidance manual, which will provide a guideline for compliance with City standards. She stated that the proposed manual also includes "best management practices". Public Input: Jim Dennison, Liaison to the Air Quality Advisory Board, attended the hearing with the purpose of sharing the Board's recommendations. He reviewed the history of the City Council request for staff to put together a guidance manual for this. This has been a collaborative effort because it involves several City departments; a draft manual was prepared and adoption has been recommended. Board Questions and Staff Response Member Hart asked for clarification of the P&Z's role in this project, and Planner Ex stated that Staff is seeking a recommendation from the P&Z Board to adopt the proposed changes to the Land Use Code (LUC). Member Schneider asked if a final draft of the manual has been prepared at this time, and Assistant City Attorney Yatabe stated that the preliminary draft has been reviewed by the Legal Department, although future changes are still possible. Planner Ex indicated that the training and enforcement materials would be developed first of 2016, training would begin around March-April2016, and there would be a "soft roll-out" over the summer 2016 with firm enforcement beginning in late ATTACHMENT 9 20.9 Packet Pg. 274 Attachment: Planning and Zoning Board minutes, December 17, 2015 (4261 : Dust Prevention and Control) Planning & Zoning Board December 17, 2015 Page2 2016- early 2017. Assuming that approximately 60% of dust complaints come from construction activity, Planner Ex also explained that regulations will remain in effect no matter the development scale, meaning it will apply to both improvement and development activity. Member Hart asked about the input obtained from the development community; Planner Ex stated that concerns arise primarily from a cost perspective. Member Heinz asked if the state or county may also benefit from these regulations, and Planner Ex reported that these groups are happy to utilize this plan. Member Hobbs asked to reiterate the enforcement of this process, even though it appears to be an ongoing process over time. Planner Ex stated that compliance is the goal with minimal citations being issued. Board Deliberation Vice Chair Kirkpatrick stated her appreciation of the development of this policy. Member Hart and Schneider both stated their concern with adopting a manual without having the benefit of its completion. There was some Board discussion about the lack of a manual at present, even though the Board members support the clean air initiatives overall. Member Hart made a motion that the Planning and Zoning Board recommend to City Council adoption of the land use changes listed on page 1 of the staff report. Member Hobbs seconded the motion. Vote: 5:1, with Member Schneider dissenting. 20.9 Packet Pg. 275 Attachment: Planning and Zoning Board minutes, December 17, 2015 (4261 : Dust Prevention and Control) City of Fort Collins Administrative Policies 3.6 Air Quality C. Dust Control Purpose: “Fugitivedust”consistsprimarilyofsoilparticlesintheaircausedbywindandhumanactivitiessuchas excavating,demolition,abrasiveblasting,andotheractivities.Dustcauseshealthimpacts;safety, visibility,andaestheticissues;andisanuisancethatcancauseexpensivedamagetopropertyand machinery. TheCityconductsmanyactivitiesthatregularlyproducefugitivedust,orhavethepotentialtoproduce fugitivedust,suchasconstruction,demolition,earthmoving,stockpiling,orstreetsweeping. TheCityofFortCollinswishestoleadbyexamplebyadoptingtheDustPreventionandControlManual (March2016),the“DustControlManual”,intoCityAdministrativePoliciesinordertopreventor minimizenegativeimpactsfromfugitivedustfromCityactivities.AcopyoftheDustControlManualis availableathttp://citynet.fcgov.com/environmentalservices/ AlthoughtheDustControlManualhasbeendraftedtoapplytoanypersonwhoconducts,orisan owneroroperatorof,adustgeneratingactivitywithintheCityofFortCollinsandnotjusttheCity,ithas notyetbeenadoptedbyCouncilbyordinance.Accordingly,theDustControlManualasadoptedherein shallapplytotheCityofFortCollinswhenitisengaginginthespecificdustgeneratingactivities identifiedbeloworwithrespecttoitsownership,operation,orcontroloveralisteddustgenerating activityorsource.ExistingCitycontractswiththirdpartyvendorsthataredustͲgeneratingactivities shallbeconvertedasexpeditiouslyaspractical.UponadoptionoftheDustControlManualbyCouncil, theManualintheformadoptedbyordinanceshallapplytotheCity. A. CityDustͲGeneratingActivities DepartmentsshallplanforandimplementthebestmanagementpracticescontainedintheDustControl ManualwhentheyareinvolvedinactivitiesormanagingCityfacilitiesthatmaygeneratefugitivedustas describedintheManual,including: ¾ constructionactivities, ¾ earthmovingactivities, ¾ demolitionandrenovation, ¾ stockpiles,streetsweeping, ¾ trackͲout/carryoutactivities, ¾ bulkmaterialstransport, ¾ useormaintenanceofunpavedroadsandhaulroads, ¾ Cityparkinglots, ATTACHMENT 10 20.10 Packet Pg. 276 Attachment: City Administrative Policy on Dust Prevention and Control (4261 : Dust Prevention and Control) ¾ Cityopenareasandvacantlots, ¾ sawcuttingandgrinding, ¾ abrasiveblastingand ¾ mechanicalblowing, Citydepartmentsareresponsibleformakingchangesintheirdepartmentalpoliciesandprocedureto implementthebestmanagementpracticescalledforintheManual. Adustcontrolplanshallbedevelopedformajorcapitalimprovementordevelopmentprojectsoverfive acresinsizeandformajoroperationsoractivitiesthathavethepotentialtogeneratefugitivedust emissionsandexposethepublictoparticulatematterorcreateanairpollutionnuisance. B. CityStandardsandContracts Citydepartmentsthatdevelopconstructionstandardsorcontractspecificationsshallincorporate requirementsforcompliancewiththeDustPreventionandControlManualinthesedocuments.AllCity departmentsshalltakepromptandreasonablestepstoincorporatecompliancewiththeDust PreventionandControlManualintoallRFPs,bidsandcontractswithoutsidevendorsthatincludethe dustgeneratingactivitiesdescribedinSubsectionA.above. 20.10 Packet Pg. 277 Attachment: City Administrative Policy on Dust Prevention and Control (4261 : Dust Prevention and Control) April 5, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex ATTACHMENT 11 20.11 Packet Pg. 278 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) Purpose 2 • Update from the February 9, 2016 Work Session 1. Leading by Example 2. Additional data on costs for Single-family Homes 3. Monitoring/tracking system for complaints 4. Developing a hybrid approach (combine Options 1 and 3) • First Reading of Municipal and Land Use Code Changes 20.11 Packet Pg. 279 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) What is the problem? 333 Over ¼ of Fort Collins’ households have a member with respiratory ailments • Impacts to the Public • Impacts to the City • Gaps in existing regulations 20.11 Packet Pg. 280 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 1. Leading by Example 4 • Council Direction: – Take action now regardless of Council adoption • Action Taken: – Adopted into Administrative Policy on March 22, 2016 20.11 Packet Pg. 281 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 2. Additional Data on Costs 5 • Council Direction: Obtain more data and clarify costs Project Dust Mitigation Cost Total Costs Dust Cost % of Overall Cost Required BMPs Additional BMPs Total Dust Costs Infill Single Family Home (SFH) – minimum $700 $0 $700 $353,620 0.2% Infill SFH – maximum $1,275 $6,080 $7,355 $360,275 3.4% Greenfield SFH – minimum $700 $0 $700 $587,530 0.1% Greenfield SFH – maximum $6,090 $8,580 $14,670 $600,000 2.4% Horsetooth and Timberline $32,420 $3,320 $35,740 $3,304,501 1.1% 222 Laporte $40,000 $10,000 $50,000 $10,000,000 0.5% 20.11 Packet Pg. 282 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 3. Monitoring/Tracking System 6 • Council Direction: – Ensure staff can track the overall # and discrete # of complaints – Use to assess if the approach adopted is working • Action taken – Tracking System Developed and Online 20.11 Packet Pg. 283 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 4. Hybrid Approach 7 • The Options: 1. Adopt Code Changes and Manual, delay enforcement 2. Adopt Code Changes and Manual, begin enforcement immediately 3. Adopt Code Changes only, use Manual as guidance if problems occur 4. Status Quo • Similarities of the First Three Options – All three options create an enforceable Ordinance – All three options apply to all scales of activities – All three options require covered loads 20.11 Packet Pg. 284 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 4. Hybrid Approach 8 • Council Direction: – Concerns with impacts on housing affordability – Explore what is the right threshold for applying Option 1 (the Manual is required) versus Option 3 (Clear Ordinance) • Action taken: – Staff explored four approaches to develop a “hybrid” – Reviewed these approaches with the Air Quality Advisory Board, Fugitive Dust Working Group, and the Planning and Zoning Board 20.11 Packet Pg. 285 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 4. Hybrid Approach 9 All Projects Must Prevent, Minimize and Control Dust All Projects Must Apply Bulk Materials Transport and Saw Cutting BMPs Manual is used as the standard for residential projects > 10,000 square feet Manual only required for residential projects <10,000 square feet if two written warnings issued within one year Required BMPs do not prevent off-property dust transport? Apply at least one additional BMP. 20.11 Packet Pg. 286 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) 4. Hybrid Approach 10 • Proposed Enforcement Timeline: – May-June Develop training and enforcement materials – June-Aug Conduct training sessions – June-Oct Conduct public outreach – June/July-Oct Soft enforcement (no fines) – November 1 Official enforcement begins 20.11 Packet Pg. 287 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) Feedback 11 • Air Quality Advisory Board – Continues to recommend adoption of the Manual for all projects – If Council proceeds with the hybrid, the Board recommends prompt adoption and to initiate soft enforcement as quickly as possible • Planning and Zoning Board – April 7 Hearing – Support for the hybrid approach during the March Work Session 20.11 Packet Pg. 288 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) April 5, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex 20.11 Packet Pg. 289 Attachment: Powerpoint presentation (4261 : Dust Prevention and Control) -1- ORDINANCE NO. 044, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO PARTICULATE MATTER EMISSIONS WHEREAS, on February 15, 2011, City Council approved Resolution 2011-015 adopting the City Plan, including the Environmental Health Vision that sets forth an aspirational goal of continuous improvements in air quality; and WHEREAS, City Plan also contains numerous policies supporting air quality, including Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the highest priority approach in reducing air pollution emissions; and WHEREAS, in furtherance of the Air Quality Advisory Board’s 2015 Work Program, which calls for addressing fugitive dust as a priority air quality initiative, City staff has proposed amendment of Chapter 12 of the Fort Collins City Code to protect air quality by adopting dust control and prevention standards by adopting a “Dust Prevention and Control Manual”; and WHEREAS, in addition to preventing, mitigating, and minimizing dust, the City desires to create minimal impact to the Fort Collins housing market; and WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust Working Group composed of contractors, interested stakeholders, and City staff, as well as through numerous public events and a project website; and WHEREAS, City staff a presented the proposed changes set forth in the Dust Prevention and Control Manual to the Parks and Recreation Board (December 2, 2015), Natural Resources Advisory Board (December 16, 2015), the Air Quality Advisory Board (December 21, 2015) and the Planning and Zoning Board (December 17, 2015) and all four Boards have recommended to the City Council that the standards set forth in the Dust Prevention and Control Manual be adopted; and WHEREAS, City Council has determined that the adoption of the best management practices and standards set forth in the Dust Prevention and Control Manual attached hereto as Exhibit “A” and incorporated herein by reference, is in the best interest of the City and its citizens and is necessary to protect the health, safety, and welfare of the public, including prevention of adverse impacts of fugitive dust to human health, property, natural areas and waters of the state, and other adverse environmental impacts. 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. Packet Pg. 290 -2- Section 2. That Chapter 12 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article X which reads in its entirety as follows: ARTICLE X. PARTICULATE MATTER EMISSIONS 12-150. Purpose and Applicability. (a) The purpose of this Article is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. (b) The provisions of this Article shall: (1) Apply to any person who conducts or is an owner or operator of, a dust generating activity or source within the City limits. (2) Apply to City activities that constitute a dust generating activity or source, except as set forth in subsection (b)(3) below. (3) Not apply to operations conducted by: (i) any state or federal agency; or (ii) the City, or any county, state, or federal agency in response to a local emergency as defined in Code §2-666. 12-151. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section. Words, terms and phrases defined in the Dust Prevention and Control Manual shall have the meaning set forth therein. Dust Prevention and Control Manual or dust control manual shall mean the Dust Prevention and Control Manual that describes applicable dust control measures as adopted by City Council in Ordinance No. 044, 2016, and any subsequent revisions. Dust control measures shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to, the best management practices as identified in the Dust Prevention and Control Manual. Dust generating activity or source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off-property or off-vehicle transport, all as more fully set forth in the Dust Prevention and Control Manual. Residential source shall mean a dust generating activity or source occurring on real property within the City that is (1) used or being developed for one or more dwelling units, (2) consists of a single lot or parcel containing not more than 10,000 square feet, Packet Pg. 291 -3- and (3) is not contiguous with any other real property which is a dust generating source and owned by the same person or entity. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent. Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. Owner or operator shall mean any person who owns or has control over a dust generating activity source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material which is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols, and mists. 12-152. Adoption of Dust Prevention and Control Manual. (a) There is hereby adopted the Dust Prevention and Control Manual on file in the office of the City Clerk, which shall have the same force and effect as though set forth herein and shall be referred to as the dust control manual, for the purposes of protecting the health, safety, and general welfare of the public as set forth in Section 12-150(a) above. (b) A copy of the dust control manual adopted under this Section 12-152 shall be kept on file in the City Clerk’s office. (c) The City Manager may adopt such minor conditions, revisions, and corrections to the dust control manual as may, in his or her judgment, be necessary to better conform to and maintain consistency with nationally recognized practices for controlling fugitive dust emissions (referred to herein as “technical revisions”). The City Manager shall approve only those technical revisions that: (1) are consistent with all existing policies relevant to the revisions; (2) do not result in significant additional cost to the persons affected by the revisions; and (3) do not materially alter the standards with which persons must comply. Packet Pg. 292 -4- Upon adoption of any such technical revisions pursuant to the authority of this subsection, the City Manager shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and available for public inspection. 12-153. Prevention of fugitive dust emissions. (a) Bulk Materials Transport: Any person who is an owner or lessee of property within the City on which a dust generating activity or source is located and for which vehicles are used to transport bulk materials to or from the property on a public or private road or on a public right-of-way shall comply with and expressly require all contractors and subcontractors to comply with the required best management practices and, to the extent set forth therein, the additional best management practices in Section 3.6 of the dust control manual. (b) Saw Cutting or Grinding: Any person, owner or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall comply with and expressly require all contractors and subcontractors to comply with the required best management practices and, to the extent set forth therein, the additional best management practices in Section 3.10 of the dust control manual. (c) Other Dust Generating Activities or Sources: Any person who conducts, or is an owner or operator of, a dust generating activity or source shall comply with the provisions of the dust control manual. (d) It shall not be considered a violation of this section if off-property transport of fugitive dust emissions occurs while dust control measures are being implemented to the extent required by the dust control manual. Sec. 12-154. Access to Private Property. Officers of the City enforcing the provisions of this Article are hereby authorized to enter upon any premises, excluding a dwelling unit or any structure, in the City for the purpose of inspection of any dust generating activity or source or for any purpose authorized by this Article or the dust control manual. Section 12-155 – 12-158. Reserved Sec. 12-159. Violations and penalties. Any person who violates §12-153 of this Article, commits a civil infraction and is subject to the penalty provisions of Subsection 1-15(f) of the Code. Packet Pg. 293 -5- Sec. 12-160 Limitations on violations and penalties-residential source. No owner or operator of a residential source is required to comply with the provisions of 12-153(c) or is subject to prosecution under that provision, unless, within one year immediately preceding the date of the alleged violation: (1) such owner or operator has been issued and served by personal service, served to the registered agent, or by certified mail, a written warning and notice stating that the subject property has yielded off-property transport of fugitive dust and that he or she must prevent, mitigate, and minimize fugitive dust; and (2) such owner or operator, after having been issued and served with the written warning in 12-160(1), is issued and has been served by personal service, served to the registered agent, or by certified mail, an additional written warning and notice that the subject property has after the service of such prior warning and notice yielded off-property transport of fugitive dust and that he or she must immediately comply with the provisions of 12-153(c). Section 3. The foregoing provisions enacted by this ordinance shall be effective on and shall and apply to all dust generating activities or sources on and after November 1, 2016. Notwithstanding the foregoing, the requirements set forth herein and in the dust control manual shall not be applied so as to impair any contracts in existence as of the date on which this ordinance becomes effective. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 294 -6- Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 295 March 2016 Dust Prevention and Control Manual EXHIBIT A 1 Packet Pg. 296 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page i CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out / Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 20 3.9 Open Areas and Vacant Lots 22 3.10 Saw Cutting and Grinding 24 3.11 Abrasive Blasting 26 3.12 Mechanical Blowing 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres 30 5.0 Resources 34 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34 5.2 City of Fort Collins Manuals and Policies 37 5.3 References for Dust Control 37 1 Packet Pg. 297 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 1 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual (“the Manual”). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off-property transport or off-vehicle transport of fugitive dust emissions pursuant to Article X of the Fort Collins City Code (§12-150 et. seq) for specific dust generating activities and sources. The purpose of Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability As set forth in Code §12-150, this Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-15-(b)(3). 1 Packet Pg. 298 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 2 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off-property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Chemical stabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant- based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Code shall mean the Fort Collins City Code, as amended from time to time. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dust generating activity or source shall mean a process, operation, action, or land use DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 3 processes or natural forces but is not emitted through a stack, chimney, or vent Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University’s Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Maximum speed limit shall mean the speed limit on public rights-of-way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off-site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric-powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk-behind units, as well as blower- vacuum units. Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On-tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On-tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi-use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 4 exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Synthetic or natural cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Track-out shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro-seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 5 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. “Fugitive” dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Article X of Chapter 12 of the Code (§§12- 150-12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. 1 Packet Pg. 302 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 6 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks •Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The “brown cloud”, often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. 1 Packet Pg. 303 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 7 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: Prevent – avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize – reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices – this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices – this section includes additional measures if the required best management practices are ineffective at preventing off-property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. 1 Packet Pg. 304 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 8 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: x Site preparation (clearing, grubbing, scraping) x Road construction x Grading and overlot grading x Excavating, trenching, backfilling and compacting x Loading and unloading dirt, soil, gravel, or other earth materials x Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles x Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off-property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. 1 Packet Pg. 305 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 9 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. 1 Packet Pg. 306 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. 1 Packet Pg. 307 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 11 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre-wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. 1 Packet Pg. 308 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 12 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practice for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. 1 Packet Pg. 309 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 13 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three-sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 “Fort Collins Storm Criteria”; specifically, Volume 3 Chapter 7 “Construction BMPs”. The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles – to use a synthetic cover. 1 Packet Pg. 310 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 14 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights-of-way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement markings are excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. 1 Packet Pg. 311 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 15 3.5 Track-out / Carry-out Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment’s wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track-out of dirt, dust, or debris on public roads and rights-of-way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Contracts and standards: comply with track-out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights- of-way as a result of the owner’s or operator’s operations. Avoid over-watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track-out control device. (ii) Install a gravel bed track-out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track-out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on-site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. 1 Packet Pg. 312 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 16 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off-vehicle transport of fugitive dust emissions. To prevent off-vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures: (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. 1 Packet Pg. 313 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 17 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off- vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off-vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. 1 Packet Pg. 314 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 18 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. 1 Packet Pg. 315 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 19 (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved and haul roads. 1 Packet Pg. 316 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 20 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. 1 Packet Pg. 317 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 21 (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. 1 Packet Pg. 318 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 22 3.9 Open Areas and Vacant Lots Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off-highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off- property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. 1 Packet Pg. 319 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 23 (vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Above: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. 1 Packet Pg. 320 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 24 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City’s Fort Collins Stormwater Criteria Manual or contract documents and specifications. 1 Packet Pg. 321 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 25 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On-tool local exhaust ventilation: use a tool-mounted dust capture and collection system. (ii) On-tool wet suppression: use a tool-mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on-tool wet suppression, an additional best management practice associated with saw cutting and grinding. 1 Packet Pg. 322 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 26 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. 1 Packet Pg. 323 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 27 (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air-based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust-generating blasting media. * Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. 1 Packet Pg. 324 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 28 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery-powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off-property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off-property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. 1 Packet Pg. 325 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 29 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. 1 Packet Pg. 326 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 30 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: x Project name and location. x Name and contact information of property owner. x Project start and completion dates. x Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. x Total size of the development project or construction site in acres. x A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. x A list of each dust generating activity or source associated with the project. x A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. x A list of additional best management practices that will be implemented if initial controls are ineffective. x A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. 1 Packet Pg. 327 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 31 DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. 1 Packet Pg. 328 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 32 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: ________________________________________________________________________________ Title: ___________________________________ Role on project: ________________________________ Address: ________________________________________________ Phone: __________________________ Signature: ___________________________________________________ Date: ____________________ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * List of Subcontractors: Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ 1 Packet Pg. 329 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 33 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity Ö /Best Management Practice Ø Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out /Carry- out Bulk Materials Transport Unpaved Roads and Haul Roads Parking Lot Open Area Saw Cutting or Grinding Abrasive Blasting Leaf Blowing . Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On-tool local exhaust ventilation On-tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: 1 Packet Pg. 330 DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 34 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. 1 Packet Pg. 331 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 35 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 – Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 1 Packet Pg. 332 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 36 Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. 1 Packet Pg. 333 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 37 Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-12 Paving and Grinding Operations. Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air-based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. 1 Packet Pg. 334 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 38 California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf State of New Jersey – Dry Cutting and Grinding Fact Sheet http://www.state.nj.us/health/surv/documents/dry_cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155 HSE, On-Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry – A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458–467 http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.pdf 1 Packet Pg. 335 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 39 Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airquality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caaqes.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-requirements-for-dust-control-on-feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ 1 Packet Pg. 336 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 40 U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide_v7_201_.pdf Demolition and Renovation CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455 .aspx EPA – Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA – Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA – Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment – Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter - Policy. 2013 http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%20Handbook.pdf 1 Packet Pg. 337 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) DRAFT Dust Prevention and Control Manual Do not cite or quote – Legal Review Pending Page 41 Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust_large.pdf WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ 1 Packet Pg. 338 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) -1- ORDINANCE NO. 045, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE CODE BY THE ADDITION OF PROVISIONS PERTAINING TO DUST PREVENTION AND CONTROL WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, since the time of adoption, the Land Use Code has been regularly amended not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, on February 15, 2011, the City Council approved Resolution 2011-015 adopting the City Plan, including the Environmental Health Vision that sets forth an aspirational goal of continuous improvements in air quality; and WHEREAS, City Plan also contains numerous policies supporting air quality, including Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the highest priority approach in reducing air pollution emissions; and WHEREAS, in furtherance of the Air Quality Advisory Board’s 2015 Work Program, which identifies regulation of fugitive dust as a priority air quality initiative, City staff has proposed amendment of Chapter 12 of the Fort Collins City Code to protect air quality by adopting dust control and prevention standards set forth in the “Dust Prevention and Control Manual”; and WHEREAS, in addition to amendment of the City Code, City staff has proposed Land Use Code changes to align with such City Code amendments adopting the Dust Prevention and Control Manual; and WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust Working Group composed of contractors, interested stakeholders, and City staff, as well as through numerous public events and a project website; and WHEREAS, the Planning and Zoning Board reviewed the proposed Land Use Code changes regarding fugitive dust at its November 12, 2015, meeting and voted to recommend to the City Council that they be adopted; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 339 -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 2.6.3(H) of the Land Use Code is hereby amended to read as follows: . . . 2.6.3 Stockpiling Permit and Development Construction Permit Review Procedures . . . (H) Step 8 (Standards – Stockpiling Permit): Not applicable, and in substitution therefor, an application for a Stockpiling Permit shall be reviewed for compliance with the City Code and all regulations related to such permit adopted by the city by reference or otherwise, as amended, including, without limitation, the erosion control standards as contained in the Stormwater Design Criteria and Construction Standards Manual stormwater criteria manual and the dust control measures contained in the dust control manual to the extent required therein. Step 8 (Standards – Development Construction Permit): Not applicable, and in substitution therefor, an application for a Development Construction Permit shall be reviewed for compliance with the Site Specific Development Plan, the City Code and all regulations related to such permit adopted by the city by reference or otherwise as amended, including, without limitation, the erosion control standards as contained in the stormwater criterial manual and the dust control measures contained in the dust control manual to the extent required therein. . . . Section 3. That Section 2.7.3(G) and 2.7.3(H) of the Land Use Code is hereby amended to read as follows: 2.7.3 Building Permit Review Procedures . . . (G) Step 7 (Public Hearing): Not applicable, and in substitution therefor, an application for a Building Permit shall be processed, reviewed, considered and approved, approved with modifications, or denied by the Building and Zoning Director based on its compliance with the site specific development plan, the City Code and all building regulations related to such permit adopted by the city by reference or otherwise, as amended. Packet Pg. 340 -3- (H) Step 8 (Standards): Not applicable, and in substitution therefor, an application for a Building Permit shall be reviewed for compliance with the site specific development plan, the City Code and all building regulations related to such permit adopted by the city by reference or otherwise, as amended; and if the Building Permit is for the enlargement of a building and/or for the expansion of facilities, equipment or structures regulated under the provisions of Division 1.6, such application shall also comply with Division 1.6. . . . Section 4. That Section 3.4.2(A) of the Land Use Code is hereby amended to read as follows: 3.4.2 Air Quality (A) General Standard. The project shall conform to all applicable local, state and federal air quality regulations and standards, including, but not limited to, those regulating odor, dust, fumes or gases which are noxious, toxic or corrosive, and suspended solid or liquid particles. The project shall be designed and constructed to comply with the dust control measures contained in the dust control manual to the extent required therein. . . . Section 5. That the definition “Fugitive Dust” contained in Section 5.1.2 of the Land Use Code is hereby deleted in its entirety as follows: Fugitive dust shall mean solid airborne particulate matter emitted from any source other than an opening which channels the flow of air contaminants and then exhausts the contaminants directly into the atmosphere. Fugitive dust also includes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drilling, demolishing, pulverizing, shoveling, conveying, covering, bagging or sweeping. Section 6. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the following definitions, to be inserted in the listing set forth therein in alphabetical order; Dust control manual shall mean the dust control and prevention standards enacted to protect air quality adopted under the Chapter 12 of the Fort Collins City Code. Stormwater criteria manual shall mean the standards for design, planning, and implementation of practices and improvements to manage stormwater adopted under Chapter 26 of the Fort Collins City Code. Section 7. That the standards set forth herein shall be effective for applications on or after November 1, 2016. Packet Pg. 341 -4- Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 342 Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Jeff Mihelich, Deputy City Manager Jackie Kozak-Thiel, Chief Sustainabillity Officer Mike Beckstead, Chief Financial Officer Kevin Gertig, Utilities Executive Director Lucinda Smith, Environmental Sustainability Director SUBJECT First Reading of Ordinance No, 046, 2016, Appropriating Prior Year Reserves in the General Fund and the Light and Power Fund and Transferring Appropriations from the Light and Power Fund to the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. EXECUTIVE SUMMARY The purpose of this item is to appropriate $230,510 from the General Fund and $245,483 from the Light and Power Fund to initiate four projects in the CAP that have been identified for immediate action and investment based on guidance provided by the City Council. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2015, City Council adopted updated community greenhouse gas goals: 20% below 2005 levels by 2020, 80% below 2005 by 2030, and Carbon neutrality by the year 2050 Staff has developed an implementation plan to include an internal CAP Executive Team, Core Team, and Strategic Initiative Teams as well as an external Community Advisory Committee, based on the accelerated goals of the CAP. During the March 10, 2016 Council Work Session, staff identified seven initiatives that could be invested in immediately; four of these seven are included within this agenda item. The remaining three are currently being vetted further and will be brought forward to Council within the next two months. Item Initiative ($,000) 2016 Capital & O&M Ongoing Annual Capital & O&M General Fund Light and Power Total 1 Building Energy Disclosure and Scoring $51,388 $51,388 $89,066 2 CAP Program Support $55,510 $129,095 $184,605 $333,153 3 CAP Pilot Projects/ Innovation Fund $125,000 $65,000 $190,000 N/A 4 Biomass Feasibility Study $50,000 $50,000 N/A Totals $230,510 $245,483 $475,993 $422,219 21 Packet Pg. 343 Agenda Item 21 Item # 21 Page 2 Below is a summary of the four projects that were prioritized to receive funding in 2016 (see Attachment 2 for full project descriptions): 1. Building Energy Disclosure and Scoring: $51K ($89K Ongoing) 2020 Impact: 2,000 CO2e Tons (0.4%) This initiative provides one staff position to lead the development of a building energy disclosure and scoring program for Fort Collins. Similar to the purchase of a new car and taking into account the miles per gallon (mpg) that a car is rated for, this initiative is designed to make energy efficiency part of the decision-making process in the purchase, rental, or lease of homes and commercial buildings. Benchmarking also helps building owners to monitor the performance of building systems over time and make prudent investment decisions in ongoing maintenance and upgrades. The program will entail energy benchmarking and disclosure for commercial buildings and energy scoring for homes. Though this initiative represents a small portion of the necessary impact toward the CAP 2020 goal (0.4%), it will be an important driver for significant emissions reductions by 2030. This position will create a pathway to the long-term impacts that building energy disclosure and scoring will have on Fort Collins’ greenhouse gas (GHG) emissions. The initiative is especially impactful because it will eventually include most of the existing and future building stock due to the normal turnover in ownership. In addition, Fort Collins has been invited to apply to be one of the next 10 cities funded by the City Energy Project (www.cityenergyproject.org <http://www.cityenergyproject.org>), which is a privately-funded initiative that, if selected, would match the City’s investment in this initiative by up to 2:1. 2. CAP Program Support: $185K ($333K Ongoing) 2020 Impact: Enabling Initiatives This package includes three positions critical to the success of the City’s ability to achieve its Climate Action Plan goals. Each of these positions has been vetted by the CAP Executive Team (Deputy City Manager, Chief Financial Officer, Utilities Executive Director, Chief Sustainability Officer, and Planning, Development, and Transportation Director) and has been determined to be high priority. The three positions are as follows: CAP Program Manager - Provides the long term planning and implementation of CAP, the accelerated pace to meet goals, and level of depth and breadth of technical information and public and private sector engagement demands a dedicated resource to coordinate. Coordination includes 70 staff members and 30 citizens engaged to achieve the near-term and long-range Climate Action Plan goals. Support of CAP Executive Team ensures high level engagement in the organization as well as vertical integration. Builds bridges with internal and community partners, raising awareness and increasing involvement in climate action, and proactively collaborates with the Community Advisory Committee and regional, state, and federal organizations to advance climate action. Sustainability Services Financial Analyst - Provides necessary skills to fully vet CAP and all SSA initiatives from a business planning perspective, including annual cash flow assumptions, levels of investments required from public and private sectors, ongoing costs, savings associated with the initiatives, and marketing plans. Key outcomes that will also take place as a result of this position will be the performance analysis of current and future programs and financial vetting of all initiatives. This position fills an important skills gap in Sustainability and in support of CAP. Smart Grid and Systems Operation Manager - The prime outcome is the integration of the renewable and distributed supply resources into the electric delivery system in a way that is both safe and reliable. This initiative positions the Utilities to operate a distribution system with large amounts of Distributed Energy Resources (DERs) such as solar PV. In addition, it provides strategic and tactical leadership will be achieved for the Fort Collins Energy’s Smart Grid and System Operations to ensure the delivery system operates safely and reliably. 21 Packet Pg. 344 Agenda Item 21 Item # 21 Page 3 Finally, the initiative provides for the identification and evaluation of existing and emerging technologies in the areas of advanced metering, distribution automation, grid communication networks, and advanced control center functions. 3. CAP Pilot Projects/Innovation Fund $190K (Ongoing funding will be vetted through the 2017- 2018 BFO Cycle) 2020 Impact: Enabling Initiatives The purpose of the Climate Action Plan Innovation/Pilot Projects Fund is to foster locally innovative and relevant approaches to objectives outlined in the City’s CAP goals. The aim of the program is to lower barriers to funding important projects not accounted for in a department’s annual budget, to allow the City to act nimbly when presented with CAP-related opportunities (i.e., cash match for grants), and to test focused concepts in the community that might later be replicated throughout the city. Initially, this fund would be open to projects developed within City departments and through collaborations with other agencies. In the future, it could be extended to projects from residents and the local business community. In 2016, four initiatives have been prioritized to date to be included within the Pilot Projects/Innovation Fund: HEAL ($60K): A 2016 pilot of the HEAL (Home Energy Affordability Loan) program initiated by the Clinton Climate Initiative and Vermont Energy Investment Corporation, in advance of a full launch in 2017-2018. Carbon Sequestration Analysis ($75K): An analysis to better understand the impact that sequestering carbon on a local basis can have on the City’s greenhouse gas emission reduction goals. Land and urban forest management can offset GHG emissions by increasing capacity for carbon uptake and storage in biomass, wood products, and soils. This plan would entail an interdisciplinary feasibility study, in conjunction with CSU, to set goals around carbon sequestration within the current GMA boundary of the City of Fort Collins. It could be expanded in the future to study the Fort Collins watershed and collaborate with regional partners. CAP Innovation Summit ($25K): A summit that will target technical experts and engage other jurisdictions to identify private sector and partnership innovation opportunities for CAP and exchange municipal best practices on reaching shared goals. Funding could also be used to design a competition to incent the private sector to develop solutions to the outcomes we want to achieve, as discussed during the Council Work Session. Electrify Commercial Lawn and Garden Equipment ($30K): This seed funding will accelerate the purchase and use of alternative fuel (i.e., electric or propane) commercial lawn and garden equipment by the City (e.g., Parks, Forestry, and Cemetery) to determine which are the best products to incorporate into the City’s fleet in advance of a full budget offer in the 2017-2018 budget process. This funding will also lay the groundwork for adding requirements or incentives for the use of alternative fuel commercial lawn and garden equipment for work contracted by the City. This initiative has significant co-benefits, e.g., ozone reduction potential. 4. Biomass Burner Feasibility Study: $50K (One-time funding) 2020 Impact: Enabling Initiative for Biomass Burner - 2,000 CO2e Tons (0.4%) Biomass burners provide both energy from a renewable source (wood) and a means for disposing of a high-volume, organic material that should be diverted from landfills to reduce greenhouse gas emissions associated with these materials. Being a relatively simple and proven waste-to-energy technology, several biomass burners are currently producing energy around our region and, on average, have an ROI (return on investment) of approximately 10 years. This study sets the stage to determine if a biomass burner is appropriate for our community, where it would be most useful, and at what scale. The project is a collaboration between Sustainability 21 Packet Pg. 345 Agenda Item 21 Item # 21 Page 4 Services, Parks, and Operation Services, with the assistance of the US Forest Service and Colorado State Forest Service. The Forest Service will very likely be able to provide matching or grant funding for a portion of the study costs, which would lower this request, which also includes the cost of an engineering, design, and operations plan for a resulting facility. Opportunities to partner with a nearby business or institution in need of steady heat or hot water will be pursued. A key driver of this study is the recognition that the inevitable Emerald Ash Borer (EAB) beetle infestation will likely lead to the death of the vast majority of Fort Collins’ 70,000+ ash trees which may end up flooding landfills without a strategic disposal management plan, and if determined to be feasible, this technology could also be utilized after the EAB die-off for much of the urban wood debris in the community. If deemed feasible, a biomass burner could reduce up to 2,000 tons of greenhouse gas emissions in 2020. CITY FINANCIAL IMPACTS Investing in these initiatives has a bottom line impact of $475,993 in 2016, with an ongoing commitment of $422,219 to the City budget. $245,483 of this increase is funded through the Light and Power Fund, whereas $230,510 is funded through the General Fund. Note that $77,210 of the Light and Power Fund appropriation will be transferred to the General Fund, as indicated in Section 4 of the Ordinance, for those projects that will be administered from the General Fund, i.e., CAP Program Manager, SSA Financial Analyst, and the CAP Pilot Projects/Innovation Fund. General Fund. The General Fund on-going expenses can be covered through additional revenue in 2017, while the current estimate of unassigned Fund Balance in the General Fund can support the one-time requests in 2016. Light and Power Fund. This Ordinance appropriates $245,483 from the Light & Power Enterprise Fund reserves. This reserve had an unappropriated balance of $18.4M as stated in the last published Comprehensive Annual Financial Report for 2014. It is anticipated that this amount will increase in 2015 as operating income was positive for this Enterprise Fund. The ongoing annual costs for these initiatives of $324,222 per year represents less than 0.25% of this fund’s 2015 operating revenue. The projects funded through Light and Power Funding (Building Energy Disclosure and Scoring, CAP Program Support, and the CAP Pilot Projects/Innovation Fund) are all intended to manage or reduce, at least in part, peak demand and overall electric energy use through the implementation of the Climate Action Plan and supporting policies, e.g., the Energy Policy. Funding of a portion of the total cost of these initiatives with Light and Power Fund Reserves serves electric utility purposes and reflects a proportionate benefit expected to accrue to Light and Power ratepayers through the acquisition of cost effective demand side resources and by seeking to manage and minimize overall future capital needs, and resulting rate impacts, that would otherwise be required to support increasing peak demand and overall electric service loads. BOARD / COMMISSION RECOMMENDATION Staff will present this appropriation request to the Energy Board at the next Board meeting on April 7, 2016. Based on the feedback from the discussion with this Board at the March 3, 2016 Board meeting, staff anticipates that the Board will be supportive of this request. The Board will be informed of the City Council’s action on this request and will have an opportunity to communicate any concerns to City Council before Second Reading of these Ordinances. In addition to specific outreach with the Energy Board, staff has also reached out to the following Boards on the Climate Action Plan more generally: Energy Board, Natural Resources Advisory Board, and the Air Quality Advisory Board. 21 Packet Pg. 346 Agenda Item 21 Item # 21 Page 5 PUBLIC OUTREACH Staff has reviewed all of the initiatives associated with the 2020 CAP Strategic Plan with the Climate Action Plan’s Community Advisory Committee. Ongoing public engagement related to the 31 initiatives currently being evaluated is planned, including a spring open house and workshop with the business community. ATTACHMENTS 1. Work Session Summary, March 10, 2016 (PDF) 2. Initiative and Project Descriptions (DOCX) 3. Powerpoint presentation (PPTX) 21 Packet Pg. 347 ATTACHMENT 1 21.1 Packet Pg. 348 Attachment: Work Session Summary, March 10, 2016 (4258 : CAP - Immediate Initiatives 1) 21.1 Packet Pg. 349 Attachment: Work Session Summary, March 10, 2016 (4258 : CAP - Immediate Initiatives 1) 1 2016 CLIMATE ACTION PLAN INITIATIVES Title: Building Energy Disclosure and Scoring 2020 Impact: 2,000 CO2e Tons (0.4%) Fund: 501 – Light and Power Fund Total Amount (2016): $51,388 Total Amount (Ongoing ): $89,066 Outcome: Environmental Health Contact: John Phelan Tony Raeker FTE Requested: 1.0 FTE Description: This request is among four offers responding to City Council and City Manager requests for Climate Action Plan (CAP) initiatives that could be funded in the immediate term. This initiative is in response to the significance of energy efficiency to meet CAP Goals and direction from Council. Key Outcomes: 1. Development of short, medium, and long term plans for a building energy disclosure and scoring program. This initiative entails the development of a building energy scoring and disclosure program. Similar to the purchase of a new car and taking into account the miles per gallon that a car is rated for, this initiative will be designed to make energy efficiency part of the decision-making process in the purchase, rental, or lease of homes and commercial buildings. Benchmarking helps building owners to monitor the performance of building systems over time and make prudent investment decisions in ongoing maintenance and upgrades. The program will provide the tools, structure and process for collecting and disseminating energy performance scores for different building types. The scores will be based on utility usage data and/or building energy audits or assessments. Audits will be coordinated with those provided by Utilities and improvements in building scores will be supported by Utilities efficiency programs. An interdepartmental team will be convened for program design, implementation, and stakeholder engagement. In addition, active research will be conducted to stay on top of best practices in this rapidly evolving field. 2. Laying the groundwork for key emissions reductions needed to meet the 2030 target. Though this initiative represents a small portion of the necessary impact toward the CAP 2020 goal (0.4%), it will be an important driver for significant emissions reductions by 2030 and 2050. A pathway will be developed to reach the long-term impacts that building energy disclosure and scoring will have on Fort Collins’ greenhouse gas (GHG) emissions. The initiative is especially impactful because it will include most of the existing and future building stock due to the normal turnover in ownership. Over a time of years to decades, the building energy disclosure and scoring practices would proceed from voluntary to mandatory, depending on stakeholder and community engagement on this issue. Incentives for improvements to energy efficiency and education about it are essential elements to success. The anticipated public benefits are to provide information to incentivize customers to strive for a higher score that results in efficiency and demand improvements and to document the value of high performing buildings in the marketplace. In addition, investing in building energy disclosure supports the City Energy Project, a privately-funded initiative for which Fort Collins is in the running to be selected. If selected, this initiative would match the City’s investments up to 2:1 in 2017-2018. Impact if Position Not Funded: The strategy would be delayed until resources become available, or Delay the implementation of the Green Building Roadmap (funded in the 2015-2016 BFO process) to shift those resources to this initiative, including delay of green building incentive programs and resource website, as well as strategies for low carbon/green neighborhoods. Utilities would scale back existing efficiency programs and the development of new programs, such as the post pilot implementation of Efficiency Works Neighborhoods. This would reduce key initiatives essential to achieve savings in the residential sector for the 2020 CAP goals. 21.2 Packet Pg. 350 Attachment: Initiative and Project Descriptions (4258 : CAP - Immediate Initiatives 1) 2 2016 CLIMATE ACTION PLAN INITIATIVES Title: CAP Program Support 2020 Impact: Enabling Initiatives Fund: 100 – General Fund 501 – Light and Power Fund Total Amount (2016): $184,605 Total Amount (Ongoing): $333,153 Outcome: Environmental Health Contact: Lindsay Ex Andres Gavaldon Tim McCollough FTE Requested: 3.0 FTE Description: This request is among four offers responding to City Council and City Manager requests for Climate Action Plan (CAP) initiatives that could be funded in the immediate term. In response to the significance that Fort Collins and City Council has placed on the CAP and the amount of time and resources needed to accomplish the City’s greenhouse gas (GHG) emissions reduction goals, this offer includes funding for three support positions for the Climate Action Plan. 1. CAP Program Manager. Key Outcomes: The long term planning and implementation of CAP, the accelerated pace to meet goals, and level of depth and breadth of technical information and public and private sector engagement demands a dedicated resource to coordinate. Coordination includes bringing together and directing 70 staff members and 30 citizens engaged on the Strategic Initiative Teams to achieve the near-term and long-range Climate Action Plan goals. Support of CAP Executive Team ensures high level engagement in the organization as well as vertical integration. Supports deeper integration of climate mitigation and adaptation, and municipal and community climate action planning. Builds bridges with internal and community partners, raising awareness and increasing involvement in climate action, and proactively collaborates with the Community Advisory Committee and regional, state, and federal organizations to advance climate action. Allows the Environmental Services Department to have a dedicated division for Climate Action and for Air Quality. Currently, the Environmental Program Manager splits her time 50/50 between air quality and climate action initiatives. This funding provides resources to allow dedicated staff leadership for both divisions. Impact if Position is Not Funded: Delayed pace/progress of CAP planning and implementation (scale back community engagement, expand timeline for modeling and vetting initiatives, push back creation and implementation of a 2020 CAP Strategic Plan initiatives); overall reduced focus on CAP progress and coordination support for internal and external participation. Reduced time spent on Air Quality programs (fugitive dust, systematically addressing critical air quality issues including radon, ozone, oil and gas, etc.), and delayed work on policy issues such as woodsmoke and Air Quality Plan update. 21.2 Packet Pg. 351 Attachment: Initiative and Project Descriptions (4258 : CAP - Immediate Initiatives 1) 3 2. SSA Financial Analyst. Key Outcomes: Full vetting of CAP initiatives from a business planning perspective, including annual cash flow assumptions, level of investments required from public and private sectors, ongoing costs, savings associated with the initiatives, and marketing plans. Performance analysis of current and future programs. Fills an important skills gap in Sustainability Services Area and in support of CAP. Impact if Position is Not Funded: In-depth (Higher level) financial analysis is already limited due to lack of bandwidth. Without a dedicated analyst capable of higher level analysis, CAP and SSA projects must rely on the limited extra capacity available from organizational wide resources. Higher level financial analysis for CAP and SSA is currently being filled in by Financial Services and has been limited due to other organizational priorities More comprehensive understanding and transparency of triple bottom line impacts will not occur. 3. Smart Grid and System Operation Manager. Key Outcomes: Positions the Utilities to operate a distribution system with large amounts of Distributed Energy Resources (DERs) such as solar PV. Strategic and tactical leadership will be achieved for the Fort Collins Energy’s Smart Grid and System Operations to ensure the delivery system operates safely and reliably. Identification and evaluation of existing and emerging technologies in the areas of advanced metering, distribution automation, grid communication networks, and advanced control center functions. Impact if Position is Not Funded: A significant portion of our anticipated CO2e reductions come from clean energy connected at the distribution level. Light & Power is not resourced to plan for that level of distribution level connected solar PV generation. Without such planning and operational oversight we run the risk of having load imbalances and overloads throughout the distribution system. Utilities could outsource this evaluation to outside consultants at a cost factor of 2-4x the FTE resource requested. However, this position represents a long-term need that will be ongoing over the next 35 years as the City continually adapts and manages the increased load of DERs. 21.2 Packet Pg. 352 Attachment: Initiative and Project Descriptions (4258 : CAP - Immediate Initiatives 1) 4 2016 CLIMATE ACTION PLAN INITIATIVES Title: CAP Pilot Program and Innovation Fund 2020 Impact: Enabling Initiatives Fund: 100 – General Fund 501 – Light and Power Fund Total Amount (2016): $190,000 Total Amount (Ongoing ): N/A Outcome: Environmental Health Contact: Lindsay Ex Josh Weinberg FTE Requested: N/A Description: The purpose of the Climate Action Plan Innovation/Pilot Projects Fund is to foster locally innovative and relevant approaches to objectives outlined in the City’s CAP goals. The aim of the program is to lower barriers to funding important projects not accounted for in a department’s annual budget, to allow the City to act nimbly when presented with CAP-related opportunities (i.e., cash match for grants), and to test focused concepts in the community that might later be replicated throughout the city. Initially, this fund would be open to projects developed within City departments and through collaborations with other agencies. In the future, it could be extended to projects from residents and the local business community. Examples of projects the fund could support include: HEAL ($60K): A 2016 pilot of the HEAL (Home Energy Affordability Loan) program initiated by the Clinton Climate Initiative and Vermont Energy Investment Corporation, in advance of a full launch in 2017-2018 (if funded in the BFO process). Carbon Sequestration Analysis ($75K): An analysis to better understand the impact that sequestering carbon on a local basis can have on the City’s greenhouse gas emission reduction goals. Land and urban forest management can offset GHG emissions by increasing capacity for carbon uptake and storage in biomass, wood products, and soils. This plan would entail an interdisciplinary feasibility study, in conjunction with CSU, to set goals around carbon sequestration within the current GMA boundary of the City of Fort Collins. It could be expanded in the future to study the Fort Collins watershed and collaborate with regional partners. CAP Innovation Summit ($25K): A summit that will target technical experts and engage other jurisdictions to identify private sector and partnership innovation opportunities for CAP and exchange municipal best practices on reaching shared goals. Electrify Commercial Lawn and Garden Equipment ($30K): This seed funding will accelerate the purchase and use of alternative fuel (i.e., electric or propane) commercial lawn and garden equipment by the City (e.g., Parks, Forestry, and Cemetery) to determine which are the best products to incorporate into the City’s fleet in advance of a full budget offer in the 2017-2018 budget process. This funding will also lay the groundwork for adding requirements or incentives for the use of alternative fuel commercial lawn and garden equipment for work contracted by the City. This initiative has significant co-benefits, e.g., ozone reduction potential. Other cities have incorporated similar funding tools into their Climate Action Plans. Portland, OR, for example, uses a Clean Energy Fund focused on making GHG-reducing efforts accessible to households and building owners throughout the community. Additionally, Minneapolis, MN offers a Community Innovation Fund available to neighborhood organizations for innovative and scalable projects. 21.2 Packet Pg. 353 Attachment: Initiative and Project Descriptions (4258 : CAP - Immediate Initiatives 1) 5 2016 CLIMATE ACTION PLAN INITIATIVES Title: Biomass Burner Feasibility Study 2020 Impact: Enabling Initiative for Biomass Burner - 2,000 CO2e Tons (0.4%) Fund: 100 – General Fund Total Amount (2016): $50,000 Total Amount (Ongoing ): N/A Outcome: Environmental Health Contact: Honore Depew Delbert Bernhardt FTE Requested: N/A Description: Biomass burners provide both energy from a renewable source (wood) and a means for disposing of a high-volume, organic material that should be diverted from landfills. Being a relatively simple and proven waste-to-energy technology, several biomass burners are currently producing energy around our region and even in the city. The costs of capital construction and ongoing O & M are knowable with a payback rate relative to savings from offset fuel costs. For example, Boulder County has realized $20,000 per year in savings from each of its systems, with an ROI of ten years. This study sets the stage to determine if a biomass burner is appropriate for our community, where it would be most useful, and at what scale. The project is a collaboration between Sustainability Services, Parks, and Operation Services, with the assistance of the US Forest Service and Colorado State Forest Service. The Forest Service will very likely be able to provide matching or grant funding for a portion of the study costs, which would lower this request, which also includes the cost of an engineering, design, and operations plan for a resulting facility. Opportunities to partner with a nearby business or institution in need of steady heat or hot water will be pursued. A key driver of this study is the recognition that the inevitable Emerald Ash Borer (EAB) beetle infestation will likely lead to the death of the vast majority of Fort Collins’ 70,000+ ash trees which may end up flooding landfills without a strategic disposal management plan, and if determined to be feasible, this technology could also be utilized after the EAB die-off for much of the urban wood debris in the community. Therefore the primary desired result of this project is to conduct feasibility research that will lead to a recommendation for or against pursuing biomass conversion technology as a means for EAB wood disposal, long-term wood waste management, and renewable energy generation. If deemed feasible, a biomass burner could reduce up to 2,000 tons of greenhouse gas emissions in 2020. 21.2 Packet Pg. 354 Attachment: Initiative and Project Descriptions (4258 : CAP - Immediate Initiatives 1) 1 CAP – Appropriation for Immediate Actions Jeff Mihelich, Kevin Gertig, Jackie Kozak Thiel, Mike Beckstead, Lucinda Smith, Lindsay Ex April 5, 2016 21.3 Packet Pg. 355 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) Purpose: Follow up from 3/10 Work Session 2 WHAT: Appropriate $230,510 – General Fund Appropriate $245,483 – Light and Power Fund WHY: Four projects for the Climate Action Plan: • Building and Energy Disclosure and Scoring • CAP Program Support • CAP Pilot Projects/Innovation Fund • Biomass Feasibility Study 21.3 Packet Pg. 356 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 CAP Journey: Progress 3 20% Reduction 80% Reduction Carbon Neutral Inventory Results Forecast 2015 Inventory: Emissions Goal 9% below 2005 (preliminary data) CO2 Tons 21.3 Packet Pg. 357 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) CAP Journey: Investments & Savings 4 • Short-term investments yield significant long-term savings • Paybacks vary – short to long • Overall benefit/cost = 2.5 § For every $1 invested, the community saves $2.50 LED LIGHT BULB: Investment: $6 Annual Savings: $5 Impact: 58 kWh 0.05 tons SOLAR PANELS: Investment: $8400 Annual Savings: $500 Impact: 5500 kWh 4.47 tons 21.3 Packet Pg. 358 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) Initiatives Summary & 2016 Appropriation Request 5 Item Initiative ($,000) 2016 Capital & O&M Ongoing Annual Capital & O&M General Fund Light and Power Total 1 Building Energy Disclosure and Scoring $51,388 $51,388 $89,066 2 CAP Program Support $55,510 $129,095 $184,605 $333,153 3 CAP Pilot Projects/ Innovation Fund $125,000 $65,000 $190,000 N/A 4 Biomass Feasibility Study $50,000 $50,000 N/A Totals $230,510 $245,483 $475,993 $422,219 *2016 General Fund ($256,204) - covered by current estimate of unassigned fund balance **2016 Light and Power Enterprise Fund ($219,789) - covered from fund reserves 21.3 Packet Pg. 359 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) Building Energy Disclosure and Scoring 6 $51,388 ($89,066 Ongoing) 2020 Impact: 2,000 CO2e Tons (0.4%) • Energy efficiency as part of the decision-making process • Purchase, rental, or lease of homes and commercial buildings • Significant reductions by 2030 • City Energy Project 21.3 Packet Pg. 360 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) CAP Program Support 7 $184,605 ($333,153 Ongoing) 2020 Impact: Enabling Initiative CAP Program Manager • Oversee, coordinate, and manage CAP implementation Sustainability Services Area (SSA) Financial Analyst • Enable SSA to develop business plans and financial analyses around CAP and SSA strategies Smart Grid and Systems Operation Manager • Integrate renewable and distributed supply resources into the electric delivery system in a way that is both safe and reliable 21.3 Packet Pg. 361 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) CAP Pilot Projects/ Innovation Fund 8 $190,000 (Ongoing funding vetted thru BFO) 2020 Impact: Varies • Foster innovative approaches to CAP goals • Test and learn from scalable concepts • Prioritized Initiatives: • HEAL ($60K) • Carbon Sequestration Analysis ($75K) • CAP Innovation Summit ($25K) • Electrify Commercial Lawn & Garden Equipment ($30K) 21.3 Packet Pg. 362 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) Biomass Burner Feasibility Study 9 $50,000 (One-time funding) 2020 Impact: 2,000 CO2e Tons (0.4%) • Explore logistics and opportunities surrounding a biomass burner in Fort Collins • Source of renewable energy and means for reducing methane emissions from organic material • Preparation and mitigation for Emerald Ash Borer beetle infestation and other urban wood debris 21.3 Packet Pg. 363 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) Next Steps 10 • Vet 3 initiatives to bring to Council in the 1-2 months • Continue vetting and prioritizing all 31 initiatives • Prepare offers for the ‘17-18 BFO • Continue to work with CAC and the community • Refine messaging 21.3 Packet Pg. 364 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) 11 CAP – Appropriation for Immediate Actions Jeff Mihelich, Kevin Gertig, Jackie Kozak Thiel, Mike Beckstead, Lucinda Smith, Lindsay Ex April 5, 2016 21.3 Packet Pg. 365 Attachment: Powerpoint presentation (4258 : CAP - Immediate Initiatives 1) -1- ORDINANCE NO. 046, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND THE LIGHT AND POWER FUND AND TRANSFERRING APPROPRIATIONS FROM THE LIGHT AND POWER FUND TO THE GENERAL FUND FOR 2016 PROJECTS ASSOCIATED WITH THE 2020 CLIMATE ACTION PLAN (CAP) STRATEGIC PLAN WHEREAS, in 2015, City Council adopted updated community greenhouse gas goals and targets to be achieved by 2020; and WHEREAS, staff has developed an implementation plan based on the accelerated goals of the Climate Action Plan (CAP) and has identified several initiatives for immediate action and investment based on guidance provided by the City Council; and WHEREAS, four projects have been identified for immediate action and investment: (1) Building Energy Disclosure and Scoring, (2) CAP Program Support, (3) CAP Pilot Projects/Innovation Fund, and (4) Biomass Burner Feasibility Study (collectively, the “Projects”); and WHEREAS, staff is requesting $230,510 from General Fund Reserves and $245,483 from Light and Power Fund Reserves to fund these four Projects in 2016; and WHEREAS, investing in these Projects has a total budget impact of $475,993 in 2016, with an ongoing commitment of $422,219; and WHEREAS, the Building Energy Disclosure and Scoring, CAP Program Support and Projects/Innovation Fund projects are intended to manage or reduce, at least in part, peak demand and overall electric service loads; and WHEREAS, consistent with Article XII, Section 6 of the Fort Collins City Charter, funding of a portion of the total cost of these initiatives with Light and Power Fund Reserves serves electric utility purposes and reflects a proportionate benefit expected to accrue to Light and Power ratepayers by seeking to manage and minimize overall future capital needs, and resulting rate impacts, that would otherwise be required to support increasing peak demand and overall electric service loads; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 366 -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 prior year reserves in the General Fund the sum of TWO HUNDRED THIRTY THOUSAND FIVE HUNDRED TEN DOLLARS ($230,510) for expenditure in the General Fund for the City of Fort Collins for the four Projects. Section 3. That there is hereby appropriated from prior year reserves in the Light and Power Fund the sum of TWO HUNDRED FORTY-FIVE THOUSAND FOUR HUNDRED EIGHTY-THREE DOLLARS ($245,483) for expenditure in the Light and Power Fund for the City of Fort Collins for the four Projects. Section 4. That the unexpended appropriated amount of SEVENTY-SEVEN THOUSAND TWO HUNRED AND TEN DOLLARS ($77,210) in the Light and Power Fund is authorized for transfer to the General Fund and appropriated therein for the City of Fort Collins for the four Projects. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 367 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Delynn Coldiron, Neighborhood Services Manager Jeremy Yonce, Police Lieutenant SUBJECT Items Relating to the Social Host Civil Citation. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 047, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Prohibit a Social Host from Allowing the Possession or Consumption of Ethyl Alcohol or Marijuana by Persons Under Twenty-One Years of Age. B. First Reading of Ordinance No. 048, 2016, Amending Chapter 19 of the Code of the City of Fort Collins to Modify the Rules for Civil Infractions Related to Immediate Service of a Social Host Civil Citation. The purpose of these items is to consider implementing a Social Host Ordinance to prohibit a person from allowing the possession or consumption of ethyl alcohol or marijuana by persons under the age of twenty-one, and to allow for the immediate service of a civil citation in the event of a violation of such Ordinance. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. BACKGROUND / DISCUSSION Based on guidance received at the May 12, 2015 Council work session, City staff spent several months engaging with students, rental property managers/owners, Team Fort Collins, and community members to explore whether there was sufficient reason to recommend adoption of a social host ordinance. Staff also conducted additional research on ways other communities have addressed this issue, as well as the effectiveness of existing social host ordinances. Recommendation Staff recommends implementation of a new Social Host Ordinance that is a civil infraction and not tied to the Public Nuisance Ordinance. It would hold hosts responsible when: 1. They have legal control of and access to a private place; and 2. They are present at the time the underage possession or consumption of alcohol or marijuana is occurring. It would not apply when: 1. A person under twenty-one (21) had his or her parent’s consent; 2. A person under twenty-one (21) had a valid medical marijuana registry card; 3. A person under twenty-one (21) was under the supervision of an instructor; 22 Packet Pg. 368 Agenda Item 22 Item # 22 Page 2 4. The consumption took place for religious purposes; or 5. The consumption took place as part of a supervised and bona fide investigation. **Such instances are similar to state law exceptions to violations for underage possession and consumption of marijuana and alcohol. Staff further recommends modifying the rules for civil infractions to allow for immediate service of a social host citation in the event of a violation. If approved, the City of Fort Collins would have a comprehensive set of tools to address most, if not all, scenarios associated with underage possession or consumption of alcohol and/or marijuana that will assist in deterring these activities and work to improve the health and safety of the Community. These tools include: Civil Offense Social Host Municipal Criminal Offenses: - Minor in Possession (MIP) which was recently adopted by Council; - Unreasonable Noise (tied to the Public Nuisance Ordinance); - Nuisance Gathering (tied to the Public Nuisance Ordinance) which was recently amended by Council to include on premise behaviors; and State Criminal Offense - Contributing to the Delinquency of a Minor. Public Engagement Initial engagement efforts were with Associated Students of Colorado State University (ASCSU) and the Northern Colorado Rental Housing Association (NoCORHA), two key stakeholder groups. Members from both groups were added to the stakeholder committee and were invited to participate throughout the remainder of the process. They were instrumental in providing feedback as staff developed options and outreach materials and in helping inform and engage others in the process. Additional efforts included community outreach through public meetings, written articles, social media, a poster run, and a community questionnaire. More detail on staff’s engagement efforts, including questionnaire responses, Team Fort Collins’ recommendation, and community member comments are included in Attachment 1. Research - Existing Tools Based on feedback received, staff took a more in-depth look at existing ordinances, most notably the Nuisance Gathering Ordinance, to determine whether this was sufficient to address the underage possession and consumption issue. As written, it did include a provision for the unlawful sale, furnishing, possession or consumption of alcohol. The Ordinance only applied if the behavior was being conducted on neighboring public or private property. It also had no provision for the unlawful possession or consumption of marijuana. This limited the effectiveness of utilizing this Ordinance as a solution for social host since the host could not be cited for underage consumption that was occurring on the premises. However, Council recently approved minor modifications to the Ordinance that fixed these issues, making this a viable option when a nuisance exists. Staff also took a more in-depth look at the existing Public Nuisance Ordinance to determine whether this could or should be tied to a social host ordinance. Because there are scenarios where underage consumption of alcohol or marijuana could be occurring where there is no nuisance to neighboring properties, as defined by City ordinance, staff is not recommending that the social host provision be tied to the Public Nuisance 22 Packet Pg. 369 Agenda Item 22 Item # 22 Page 3 Ordinance, at least in these cases. To avoid confusion as to when the Public Nuisance Ordinance would be applicable, it was suggested that it not be tied to the social host ordinance. Although changes to the Minor in Possession and Nuisance Gathering ordinances were considered as part of this project, it was determined that the changes were essentially clean-up or minor adjustments that were needed whether or not a new social host ordinance was adopted. So, although these items are related to this item and are part of the comprehensive approach to address underage possession or consumption, they were separated from this process. Research - Other Communities Staff research found that 42 states across the nation have adopted some form of social host legislation. Staff looked more closely at 22 communities that had some similarity to the City of Fort Collins, most generally due to the fact that they had a university or similar institution, as well as some sort of ordinance enacted to address underage consumption of alcohol or parties and their related impacts (Attachment 2). Communities have employed a variety of approaches, some criminal and some civil in nature; sometimes both. The level of knowledge or active participation by the “host” or owner varies widely from jurisdiction to jurisdiction. Some of the ordinances combined the concepts of social host with ordinances on social gatherings or noise as well. Proponents of social host ordinances seek to hold property owners, occupants, and tenants or others having possessory control of any premises where a person under the age of twenty-one obtains, possesses or consumes an alcoholic beverage or marijuana strictly liable. Strict liability means absolute legal responsibility without proof of intent, knowledge, carelessness or fault. This would be in the form of a civil infraction violation rather than a criminal violation. Communities have found that criminal laws designed to target those that provide liquor to underage drinkers are hard to prove and therefore difficult to enforce. A host will usually claim that they had no actual knowledge of underage drinking; relieving him or her of legal accountability even though they were aware that underage consumption was likely occurring. Unless it can be shown that they personally provided alcohol to an underage drinker, it is hard to enforce. Fort Collins faces a similar challenge with the use of the state charge of “Contributing to the Delinquency of a Minor.” Many communities also include the homeowners or landlords for potential enforcement of a social host ordinance. The idea is that a homeowner (possibly a parent) who knowingly allows underage consumption to occur at his/her home, even if not present, should have some accountability for such a decision. A parent might decide to allow his or her underage child to drink in his or her home, but should not be able to make that decision for other parents. Conversely, a landlord that is made aware that such parties are occurring at a rental property, who takes no action to impact such parties, could be held responsible in some fashion. Some communities only take action against property owners after sufficient notice and education has been provided and the property owners failed to act or continued to allow such gatherings to occur. Although the proposed social host ordinance does not include these provisions, it is recommended that the City’s internal process include notification to property owners and/or property managers when social host violations occur to inform them of the issue and to give them opportunity to provide education or take other action as they deem appropriate. Lastly, outreach to several communities who had adopted some sort of social host ordinance was done to determine the perceived effectiveness of social host ordinances as it relates to reducing underage consumption of alcohol and/or marijuana. The results ranged from enthusiastic support to having never written a citation under the ordinance. However, available data suggests that there is a link between adoption of social host ordinances and a reduction in underage consumption especially when a social host ordinance is one of many tools that address the issue through education and enforcement. The City of Tempe, Arizona, implemented “Operation Safe & Sober” that used several strategies directed toward underage drinking. Subsequently, law enforcement calls for service related to underage drinking were reduced an average of 34% depending on the month. Data from the City of Reno, Nevada, shows that after the implementation of the social host ordinance, there was a decline in Minor in Possession citations from 136 in 2013 to 66 in 2015. 22 Packet Pg. 370 Agenda Item 22 Item # 22 Page 4 Additional information related to this outreach is attached (Attachment 3). Although the data on effectiveness continues to be mixed, staff believes that implementation of the proposed social host ordinance would still benefit the community through providing a civil response option and by providing a tool that covers non-nuisance underage consumption situations. Additional detail on staff’s research efforts pertaining specifically to Fort Collins and Colorado related to alcohol and marijuana consumption by under-aged youth is included in Attachment 4. CITY FINANCIAL IMPACTS There may be minor financial impacts to the Municipal Court and to the City Attorney’s Office regarding prosecution staffing due to any increases in the number of social host citations being written by police officers. The level of impact will depend upon the level of enforcement activity. BOARD / COMMISSION RECOMMENDATION This item was presented at the Boards and Commissions Super Issue meeting on February 18, 2016. There was a glitch with the survey technology that did not enable staff to save the results of all of the questions asked, but staff was able to note the results for the question to whether the City should move forward with a social host ordinance. 78% of the respondents were in favor of adopting a new social host ordinance. 22% of the respondents were opposed. An excerpt from the meeting summary is attached (Attachment 5). PUBLIC OUTREACH The most directly impacted stakeholders were a vital part of the outreach process undertaken these past ten months. The stakeholder group included staff from the City, staff from CSU, members from Team Fort Collins, and representatives from ASCSU and NoCORHA. Staff considered their comments and concerns when choosing what provisions would be included in the proposed ordinance. We met as needed throughout the process. Dialogue occurred with ASCSU on: September 30, 2015 October 14, 2015 Dialogue occurred with NoCORHA on: September 29, 2015 January 26, 2016 Public meetings were held on: February 8, 2016 - 1 participant February 15, 2016 - 0 participants March 1, 2016 - 0 participants March 9, 2016 - 1 participant Community Questionnaire - 67 respondents 22 Packet Pg. 371 Agenda Item 22 Item # 22 Page 5 ATTACHMENTS 1. Additional Details on Public Engagement Efforts (PDF) 2. Survey of Other Jurisdictions-Methods (PDF) 3. Survey of Other Jurisdictions-Effectiveness (PDF) 4. Additional Information on Fort Collins and Coloado Research (PDF) 5. Board/Commission Super Issue Meeting Excerpt, February 18, 2016 (PDF) 6. Work Session Summary, May 12, 2015 (PDF) 7. Powerpoint presentation (PDF) 22 Packet Pg. 372 Additional Detail on Public Engagement Efforts Related to Social Host Staff asked community members five questions in our public meetings, as well as on our questionnaire. These included: 1) How important do you believe the issue of underage drinking or consumption of marijuana is in Fort Collins? 2) Do you believe that Fort Collins should have a new law under which an individual could receive a citation for providing a location where underage consumption of alcohol or marijuana is occurring? 3) Do you believe that Fort Collins should keep things as they are or adopt a new social host ordinance)? 4) Demographics: What Category Best Describes You (Community member, parent, etc.)? 5) Demographics: What is Your Age Group? One area of agreement for a majority of the respondents is that underage consumption of alcohol and marijuana is an issue in Fort Collins. According to the community questionnaire, 84% of the respondents thought this issue was “Very Important” or “Important.” The results for the questions on whether there should be a new law where an individual could receive a citation for providing a location where underage consumption was occurring and on the option preferred were interesting. For those staff spoke to in person and who had the opportunity to get specific questions answered, the majority of the respondents agreed that an individual should be held accountable for providing a location where underage consumption was occurring and appreciated that the violation was a civil versus criminal offense. The majority of respondents also agreed that Fort Collins should implement a new social host ordinance. For those who just responded to the community questionnaire, 58% “Disagreed” or “Strongly Disagreed” that an individual should receive a citation for providing a location where underage consumption was occurring. 7% of the respondents were “Unsure.” 58% also felt that the City should continue “As Is” and not adopt a new social host ordinance. On this question, 19% were unsure. Staff did have some reservation in providing this type of questionnaire without having direct dialogue with individuals to ensure respondents had some level of understanding about the issues prior to responding. Although background information was included on the web page to help build understanding in this regard, based on the disparate outcomes between those staff spoke to in person and those who responded online, it is uncertain whether the information was reviewed or understood. A copy of the questionnaire, including results, is included at the end of this attachment. Those expressing concern about implementing a social host ordinance wanted more information about the problem that Fort Collins was trying to solve and believed that an additional ordinance would be duplicative since there are other laws that address house parties and underage drinking and marijuana use, including: Unreasonable Noise, Nuisance Gatherings, Contributing to the Delinquency of a Minor, etc. There was some concern that an added ordinance would increase the chance of multiple violations being received for the same incident, and there was extreme reservation by some if the ordinance were to be tied to the Public Nuisance Ordinance (PNO). Opponents believe that a social host ordinance overreaches its bounds when it goes so far as to hold owners, landlords, and property managers responsible for the unknown actions of others and, therefore, brings into question the need for a social host ordinance, especially one tied to PNO, in relation to community needs and eventual impact. They also believe that this may serve to increase their liability and housing costs. Other opponents feel strongly that this is not something the City should be involved with and is a waste of resources. There was also concern that the data related to social host ordinance effectiveness is limited and mixed. Others, such as Team Fort Collins (TFC), are in full support of this effort and have provided their recommendation and supporting information. This has also been included at the end of this document. TFC has been providing alcohol and drug prevention services to the Fort Collins community since 1989. $WWDFKPHQW 22.1 Packet Pg. 373 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) TFC is dedicated to promoting healthy lifestyles through the prevention of substance abuse and believes that enacting a social host ordinance will be a step in that direction for Fort Collins. TFC was instrumental in helping the City interface with junior high and high schools, as well as parent groups, within the community to inform them of upcoming public meetings and to encourage them to engage in the process. They have also been distributing materials and providing community education on the need for such an ordinance. A full list of all comments received through Facebook and Nextdoor is also included at the end of this attachment. 22.1 Packet Pg. 374 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Social Host Questionnaire (67 Respondents) 1) How important do you believe the issue of underage drinking or consumption of marijuana is in Fort Collins? a. Very Important – 18 84% or Respondents believe this issue is Very b. Important – 38 Important or Important c. Not Important – 11 16% of Respondents believe this issue is Not d. No Opinion – 0 Important 2) I believe that Fort Collins should have a new law under which an individual could receive a citation for providing a location where underage consumption of alcohol or marijuana is occurring? a. Strongly Agree – 15 34% of Respondents Strongly Agree or Agree b. Agree – 8 with this c. Undecided – 5 8% of Respondents are Undecided d. Disagree – 16 58% of Respondents Disagree or Strongly e. Strongly Disagree – 23 Disagree with this 3) Which option to you prefer? a. Keep things as they are – 39 58% of Respondents prefer no new SHO b. Adopt a new Social Host Ordinance – 15 22% of Respondents prefer a new SHO c. Not Sure – 13 20% of Respondents are unsure 4) Which of the following best describes you (choose all that apply)? a. Community member - 46 b. College student under age 21 - 3 c. Middle or high school student - 0 d. College student over age 21 - 6 e. Parent of a minor - 19 f. Rental property owner - 10 g. Rental property manager - 13 h. Health care worker - 2 i. Teacher/school administrator - 4 j. Business owner - 9 k. Other - 4 5) What is your age category? a. 12-17 years old - 0 b. 18-21 years old - 5 c. 22-34 years old - 18 d. 35-44 years old - 18 e. 45-54 years old - 10 f. 55-64 years old - 10 g. 65-74 years old - 5 h. 75 or older - 1 Planning, Development & Transportation Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.224.6046 970.224.6050- fax fcgov.com 22.1 Packet Pg. 375 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) March 10, 2016 Dear City Council TEAM Wellness & Prevention, formerly Team Fort Collins, has been actively working on a Social Host Ordinance initiative in the City of Fort Collins over the course of the past several years. As a youth substance abuse prevention organization, TEAM advocates for public policies that reduce risk and harm to the youth in our community that are caused by the abuse of substances. Through TEAM’s research we know that 70% of Fort Collins high school students (Team Fort Collins 2013) and 76% of Colorado State University students (AlcoholEDU Student Survey, Fall 2012) report home parties as the location where they most often consume alcohol and other substances. A 2005 study of teenagers between 13 and 18, conducted by the American Medical Association (AMA) showed that: x 2 out of 3 teens said it was easy to get alcohol x 1 in 3 said it was easy to get alcohol from their own consenting parents x 2 out of 5 said it was easy to get alcohol from a friend’s parents x 1 in 4 said they’d attended a party where under 21s were drinking in front of parents Overall, nearly half the teens surveyed reported having somehow obtained alcohol. In 2013 the Fort Collins Police Department received over 3,000 calls to respond to parties. A social host ordinance would provide the police with an additional tool that could significantly reduce at least those calls for service to homes where underage drinking is occurring. Most teens say that teens who drink alcohol, drink in their own homes or at a friend’s home. If adults could be fined for underage drinking parties that they reasonably should have known about, more would refuse to ignore, condone or otherwise allow drinking parties. Such a tool would give police more options when they do respond, avoiding what can and does happen – a call to return to the same location either that night or another night soon again. With fewer calls for service to such parties, police would be more available to respond to other important community safety needs. In addition to a tool for the police, an ordinance would also serve as a tool for parents. What right does any parent have to allow another person’s child to consume alcohol? Well-meaning parents often host drinking parties on behalf of their children, either in the belief they can control the amount of alcohol a teen consumes or because they consider teen drinking inevitable and that their supervision can ensure the safety of the children involved. Truth is, once revelers start drinking and the party begins to grow in size, it can quickly spiral out of control and lead to devastating consequences. Not only is underage drinking illegal, alcohol is often a factor in violence including rape, fights, bullying and other forms of victimization and intimidation. It can be a factor in suicides, vandalism and other property destruction. And it figures in poor academic performance and social problems. Serious alcohol consumption such as the heavy teen drinking not uncommon today can disrupt normal teen brain development, and it can lead to alcoholism, even in teens and young adults. Most tragically, alcohol poisoning can result in death, as it did in the 2004 death of CSU Student Samantha Spady. 22.1 Packet Pg. 376 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) TEAM Wellness & Prevention PO Box 1808 Fort Collins, CO 80522 970-224-9931 Social host ordinances give communities a practical tool for holding adults accountable. When law enforcement officials arrive on the scene of an underage drinking party, it’s often difficult to determine who provided the alcohol. Therefore, laws that prohibit furnishing alcohol to youth under 21 can be hard to enforce. With social host liability, the focus is on where the drinking takes place, rather than who provided the alcohol. The prospect of being held liable for underage drinking parties can: x Act as an effective deterrent x Provide incentive for hosts to be vigilant x Encourage parents to prevent parties while away x Hold underage youth partially accountable We believe that a social host ordinance is good policy for the community as a whole and more importantly, it is a good prevention strategy for the youth of Fort Collins. We ask that you kindly consider passing a social host ordinance in the City of Fort Collins. Sincerely, Gordon Coombes Executive Director TEAM Wellness & Prevention 22.1 Packet Pg. 377 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) YOUR ROLE IN MAKING A DIFFERENCE... Social Host Educational Initiative @<06.9 5<@A 22.1 Packet Pg. 378 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) ...IN PREVENTING UNDERAGE DRINKING. 22.1 Packet Pg. 379 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Plenty. Every day, studies reveal alarming evidence and long-term consequences of underage drinking. This is why it’s important to address how and where youth get alcohol and what we, as parents and concerned citizens can do to avert tragedy. This brochure approaches the role of adults in preventing underage drinking —especially parties—and addresses the responsibilities of the host, the homeowner, the landlord or other accountable individuals. HOW THIS BROCHURE IS ORGANIZED Because any meaningful discussion needs context, we’ll begin with a look at how underage drinking impacts youth safety. We’ll explore how young people gain access to alcohol—and why they drink. The issue is so important, nearly half the states in the U.S. have seen fit to enact some form of Social Host law. We’ll look at the intent of such legislation, its benefits and limitations, and how to learn more about what’s happening in your community. Finally, we’ll present some ideas and resources you can use to raise awareness of this critical issue, including a number of free tools available through Mothers Against Drunk Driving. The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. Since traffic crashes are the number one killer of teens (15-20 years old) and 31% of teen traffic deaths are alcohol-related, MADD is committed to the third prong of our mission to prevent underage drinking and saving lives. ¾8VQ` dVYY OR XVQ` DUNaÁ` aUR UN_Z V[ N SRd dVYQ \Na`,¿ $60.3 billion – the cost to Americans for underage drinking in 2005 2,035 – number of youth (aged 15-20) killed in alcohol-related traffic crashes in 2005, accounting for 33 percent of all traffic deaths for that age group. SAFETY AND HEALTH CONSEQUENCES 22.1 Packet Pg. 380 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) What do you suppose is the most common setting for drinking among high school seniors? It’s a private home. All too often, home is also a teen’s source for alcohol. A 2005 study of teenagers between 13 and 18, conducted by the American Medical Association (AMA) showed that: U ÛÑ ÞÓÑ wÑÕÑÓiiÈÑÈ>`ÑÓÑå>ÈÑi>ÈçÑÓ ÑiÓÑ>V U §ÑÑÕÑÈ>`ÑÓÑå>ÈÑi>ÈçÑÓ ÑiÓÑ>V ÑwÅ ÑÓiÅÑ åÑV ÈiÓÑ°>ÅiÓÈ U ÛÑ ÞÓÑ wÑyÑÈ>`ÑÓÑå>ÈÑi>ÈçÑÓ ÑiÓÑ>V ÑwÅ Ñ>ÑwÅi`ÂÈÑ°>ÅiÓÈ U §ÑÑ}ÑÈ>`ÑÓiçÂ`Ñ>ÓÓi`i`Ñ>Ñ°>ÅÓçÑåiÅiÑÞ`iÅÑÛ§ÈÑåiÅiÑ`ÅÑÑwÅ ÓÑ wÑ°>ÅiÓÈ Overall, nearly half the teens surveyed reported having somehow obtained alcohol. THE FALLACY OF A CONTROLLED RITE OF PASSAGE Well-meaning parents often host drinking parties on behalf of their children, either in the belief they can control the amount of alcohol a teen consumes or because they consider teen drinking inevitable and that their supervision can ensure the safety of the children involved. Truth is, once revelers start drinking and the party begins to grow in size, it can quickly spiral out of control and lead to devastat- ing consequences. ¾5RNYaUf `\PVNY YVSR¿ \_ ¾V[cVaNaV\[ a\ QV`N`aR_,¿ 2x – Rate at which drinking drivers under age 21 are involved in fatal crashes vs the rate of adult drivers SAFETY AND HEALTH CONSEQUENCES 22.1 Packet Pg. 381 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) BIOLOGICAL CONSEQUENCES: U >V ° È È U LÅ> `>>i U VÅ V >V >``VÓ BEHAVIORAL CONSEQUENCES: U ÓÅ>wxV VÅ>ÈiÈ U °Å °iÅÓç `>>i U V ÞÓç `ÈÓÞÅL>Vi U ÅÈç ÈiæÞ> Li>ä Å >` ÈiæÞ> >ÈÈ>ÞÓ U xÓ U >VV`iÓ> ÞÅiÈ `Þi Ó w>È Å ° Å Þ`iÓ / VÓi ÞÈÓ i ÓÅ>V iæ>°i] > § çi>Å ` LÅ i È iV åi åÅiÈÓ >Ó > >w Å> °>ÅÓç where the homeowner was present—though claiming to be asleep—in 2006. The young man remains paralyzed from the neck down. Hosting at home doesn’t change the facts or lessen the dangers. Underage drinking is a major public health issue and cause for concern. ½ – Amount of alcohol needed to damage the brain in adolescence vs adulthood /<AA<: 996;2' /<AA<: 22.1 Packet Pg. 382 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) The earlier drinking starts, the more danger it poses. People reporting first use of alcohol before age 15 were more than five times more likely to have past year alcohol dependence or abuse compared with people who first used alcohol at age 21 or older. On the other hand, research shows that a child who gets through age 21 without smoking, abusing alcohol or using illegal drugs is virtually certain never to do so. 6aÁ` aUR YNd S\_ N _RN`\[ 5,000 – 2007 estimate, from the U.S. Surgeon General, of persons under the age of 21 to die from alcohol-related injuries 40% – People will develop alcohol abuse or dependency at some point in their lives after starting to drink before the age of 13 22.1 Packet Pg. 383 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) ¾6 XRR] aUR YV^b\_ Y\PXRQ b] 6 PN[Áa URY] Va VS aURf TRa Va `\ZRdUR_R RY`R¿ Where a personal sense of responsibility fails, legal accountability can step in. Through social host liability laws, adults can be held responsible for underage drinking parties, regardless of who furnishes the alcohol. THE “SOCIAL HOST” IN SOCIAL HOST LIABILITY LAWS Specifically, “social host” refers to adults who knowingly or unknowingly host underage drinking parties on property that they own, lease or otherwise control. This includes: U *>ÅiÓÈÑ>å>çÑwÅ Ñ iÑåiÑÓiÅÑÓiiÈÑ ÈÓÑ>Ñ°>ÅÓç U *>ÅiÓÈÑå Ñ>ÅiÑ°ÅiÈiÓÑLÞÓÑ`içÑ åi`iÑ wÑ`ÅÑ ÑÓiÅÑ°Å °iÅÓç U "åiÅÈÑ>`Ð ÅÑÓi>ÓÈÑ wÑÅÞÅ>Ñ°Å °iÅÓç U "åiÅÈÑ wÑä>V>ÓÑ°Å °iÅÓç HOLDING HOSTS RESPONSIBLE 46% - Parents of high school students don’t know what their liability would be if someone else’s child were found drinking in their home 80% - Support for increased penalties for adults who illegally provide alcohol to minors 22.1 Packet Pg. 384 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Social host ordinances give communities a practical tool for holding adults accountable. When law enforcement officials arrive on the scene of an underage drinking party, it’s often difficult to determine who provided the alcohol. Therefore, laws that prohibit furnishing alcohol to youth under 21 can be hard to enforce. With social host liability, the focus is on where the drinking takes place, rather than who provided the alcohol. The prospect of being held liable for underage drinking parties can: U VÓÑ>ÈÑ>ÑiwwiVÓäiÑ`iÓiÅÅiÓ U *Å ä`iÑViÓäiÑw ÅÑ ÈÓÈÑÓ ÑLiÑä>Ó U V ÞÅ>iÑ°>ÅiÓÈÑÓ Ñ°ÅiäiÓÑ°>ÅÓiÈÑåiÑ>å>ç U `ÑÞ`iÅ>iÑç ÞÓÑ°>ÅÓ>çÑ>VV ÞÓ>Li U ,iV äiÅÑV ÈÓÈÑ wÑ>åÑiw ÅViiÓÂÈÑii`ÑÓ ÑÅi°i>Ói`ç respond to the same party site U "wxV>çÑiÈÓ>LÈÑÓiÑVÓçÂÈÑëiÅ Ó iÅ>ViÑ° Vç 1\R` f\b_ N_RN UNcR N `\PVNY U\`a YNd, Uaa]' ddd ZNQQ\_T `\PVNYU\`a V[QReN`]e 6[ \aUR_ d\_Q` VS VaÁ` f\b_ ]_\]R_af VaÁ` f\b_ ]_\OYRZ 22.1 Packet Pg. 385 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Social host ordinances give communities a practical tool for holding adults accountable for underage drinking. These laws allow law enforcement to cite the individual who hosted an underage drinking party on their property. ENFORCING LIABILITY AT THE STATE LEVEL Social host liability can be defined as a criminal act, or in terms of civil liability. CRIMINAL ACTS: U w ÅVi`ÑÓÅ ÞÑVÅ>Ñ°Å ÈiVÞÓ U *ÞÈ>LiÑLçÑxiÈ]Ñ°ÅÈ iÓÑ ÅÑL Ó CIVIL LIABILITY: U ÞÅi`Ñ°>ÅÓiÈÑÈiiÑ iÓ>ÅçÑ`>>iÈÑwÅ Ñ ÈÓ U -iÓÓi`ÑÓÅ ÞÑÓ>Ó ÑLÅ ÞÓÑ>>ÈÓÑ ÈÓÑLçÑÞÅi`Ñ°>ÅÓiÈ Additionally, more than 150 cities or counties use social liability ordinances to address the specific needs and challenges faced in their communities. ¾DUNa ReNPaYf Q\ f\b ZRN[ Of _R`]\[`VOYR,¿ 24 - Number of states in which social hosting is a crime CIVIL VS CRIMINAL PENALTIES 22.1 Packet Pg. 386 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) LIABILITY ORDINANCES AT THE CITY OR COUNTY LEVEL In many cities and counties, social host liability ordinances provide a combination of criminal and civil °i>ÓiÈ]ÑÅ>ÑwÅ ÑxiÈ]Ñ>ÑÓi]Ñ>`ÈÓÅ>ÓäiÑwiiÈÑ>`ÑÅiÈ° ÈiÑV ÈÓ鵄 UNDER FEE RECOVERY PROVISIONS: U ÑÞ`iÅ>iÑ`ÅÑ°>ÅÓçÑ Ñ°Åä>ÓiÑ°Å °iÅÓçÑÈÑV È`iÅi`Ñ>ÑVäÑ°ÞLVÑÞÈ>Vi and threat to public welfare U 7 iäiÅÑV ÓÅ ÈÑÓiÑ°Å °iÅÓçÑåiÅiÑÓiÑ°>ÅÓçÑå>ÈÑi`ÑÈÑi`ÑVäçÑÅiÈ° ÈLi for associated costs of: I * Vi]ÑxÅiÑ ÅÑ ÓiÅÑiiÅiVçÑÅiÈ° ÈiÑÈiÅäViÈÑ`È°>ÓVi`ÑÓ Ñ°>ÅÓç I * ViÑ wxViÅÑ>`ÑV ÞÅÓÑÓiÑiViÈÈ>ÅçÑÓ ÑÈiÓÓiÑÓiÑV °>Ó 22.1 Packet Pg. 387 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Q&A Q. My state has an active social host policy. Why does my community need one? A. State statutes sometimes don’t address the particular situation confronting a local community or provide a remedy that is tailored to the community needs. For example, a community could choose to enact an ordinance as a means of recovering local law enforcement expenses for repeatedly responding to calls to the same party site. Q. Is there evidence showing the effectiveness of social host ordinances? A. They’re still fairly new, but the first national study of civil social host law found that social host liability laws reduced binge drinking and drinking and driving among drinkers generally. If we look at the impact of similar laws on servers and sellers in bars and restaurants, the likely effect of social host liability appears strong. For example, states with the strongest server liability laws are more likely than other states to see reductions in drunk driving and mortality rates. Q. How do I find out whether there are active social host ordinances in my community? A. The MADD.org site maintains a searchable list. You can also download a more comprehensive `ÈVÞÈÈ Ñ wÑÈ V>Ñ ÈÓÑ Å`>Vi鵄 ÑÓ Ñ>``µ ÅÐÈ V> ÈÓµ Q. It’s already illegal to sell or serve alcohol to minors. Why do we need social host laws? A. In a party setting, it is often difficult or impossible to identify who provided the alcohol, and it makes more sense to assign responsibility to those who knew or should have known a drinking party was occurring on their property. Social host ordinances also have a deterrent effect, encouraging property owners to prevent such parties. ¾6ÁcR T\a N SRd ^bR`aV\[`¿ 22.1 Packet Pg. 388 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) MADD offers a wealth of online resources, all free and made to be shared. For example: U ÑÈ>°iÑÈ V>Ñ ÈÓÑ Å`>Vi U *ÅiÈiÓ>Ó Ñ>ÓiÅ>È U *,ÑÓÈ U ÞÈÓ ë>LiÑ>`È U ÅiÑ`i>ÈÑw ÅÑiÓÓÑä äi`µ Go to madd.org/socialhost or send email to social.host@madd.org And please, if you’re a parent, talk to your children early and often. At MADD.org you’ll find plenty of encouragement, including surprising insights into why teens drink, and tips for making your conversations both natural and effective. Your voice matters more than you know. ¾6ÁZ _RNQf S\_ NPaV\[ DUNa PN[ 6 Q\,¿ 22.1 Packet Pg. 389 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) @<06.9 5<@ A 21B0 .A6<;.9 6 ; 6 A 6 .A6 C 2 ©2008 MADD All Rights Reserved. This project was supported by Grant No. 2007-DD-BX-K079 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the U.S. Department of Justice. 22.1 Packet Pg. 390 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Fort Collins Social Host Ordinance What is it? t"MPDBMPSEJOBODFUIBUJNQPTFTBODUJPOTPOUIPTFXIPBMMPXVOEFSBHFESJOLJOHQBSUJFT UPPDDVSPOUIFJSQSPQFSUZ t5IFZBSFEJTUJODUGSPNMBXTQSPIJCJUJOHUIFGVSOJTIJOHPGBMDPIPMUPNJOPST t5IFTPDJBMIPTUPSEJOBODFEPFTOPUNBLFJUBHBJOTUUIFMBXUPGVSOJTIBMDPIPMUPJOEJWJEVBMT VOEFSUIFBHFPG5)"54"-3&"%:*--&("- t5IFPSEJOBODFNBLFTJUJMMFHBMUPQSPWJEFBOFOWJSPONFOUXIFSFVOEFSBHFESJOLJOHUBLFTQMBDF SFHBSEMFTTPGXIPQSPWJEFTUIFBMDPIPM Why do we need it? 6OEFSBHFESJOLJOHBOENBSJKVBOBVTFJTBTFSJPVTQSPCMFNJO'PSU$PMMJOTBOEIPVTFQBSUJFTBSFUIF /PQMBDFVOEFSBHFBOECJOHFESJOLJOHPDDVST #ZBEESFTTJOHUIFTPVSDFPGUIFQSPCMFN BOEOPUPOMZUIFTZNQUPNTUIBUOVJTBODFBOEOPJTF PSEJOBODFTEP 'PSU$PMMJOT4PDJBM)PTU0SEJOBODFDBOCFFGGFDUJWFJOQSPUFDUJOHMPDBMZPVUIGSPN VOEFSBHFBOECJOHFESJOLJOH BOEVOEFSBHFNBSJKVBOBVTF Is it proven to be effective? :FT4PDJBM)PTU0SEJOBODFTXFSFmSTUEFWJTFEBOEJNQMFNFOUFEJODJUJFTBOETUBUFTZFBSTBHP 1SFMJNJOBSZmOEJOHTIBWFCFFOQSPNJTJOH XJUIMBXFOGPSDFNFOUSFQPSUJOH4)0UPCFBOFGGFDUJWFUPPM GPSSFEVDJOHUIFOVNCFSBOETJ[FPGVOEFSBHFESJOLJOHQBSUJFTBOEOPOFJOEJDBUJOHOFHBUJWFJNQBDUT 'PSFYBNQMF 4BO%JFHP $"EFNPOTUSBUFEBOFJHIUQFSDFOUSFEVDUJPOJOEJTUVSCBODFSFMBUFEDBMMT UIFZFBSGPMMPXJOHJUTJNQMFNFOUBUJPOPGB4)01FUBMVNB $"IBEGFXFSDBMMTGPSTFSWJDFSFMBUFE EJTUVSCBODFTJOUIFTFDPOEZFBSBGUFSQBTTBHF *OBEEJUJPO 5IF6OJUFE4UBUFT0GmDFPG+VWFOJMF+VTUJDFBOE%FMJORVFODZ1SFWFOUJPOJEFOUJmFTTPDJBM IPTUMBXTBTBCFTUQSBDUJDF States With Social Host Ordinances Alaska, 4UBUF-BX Alabama, 4UBUF-BX Arizona, 4UBUF-BX California, $JUJFTBOE$PVOUJFT Colorado, 4UFBNCPBU4QSJOHT (VOOJTPO Connecticut, 4UBUF-BX Florida, 4UBUF-BX Hawaii, 4UBUF-BX Illinois, 4UBUF-BX Kansas, 4UBUF-BX Kentucky, $JUJFTBOE$PVOUJFT Maine, 4UBUF-BX Maryland, 4UBUF-BX Massachusetts, 4UBUF-BX Michigan, 4UBUF-BX Missouri, 4UBUF-BX Nevada, 3FOP New Hampshire, 4UBUF-BX Texas, 4UBUF-BX Oklahoma, 4UBUF-BX Ohio, 4UBUF-BX Oregon, 4UBUF-BX Pennsylvania, 4UBUF-BX South Carolina, 4UBUF-BX Seven Key Variables of a Social Host Ordinance 1: Civil and/or Criminal t $SJNJOBM0SEJOBODFTSFRVJSFBSFMBUJWFMZIJHIEFHSFFPGIPTUDVMQBCJMJUZBOEJOWPMWFBOJODSFBTFECVSEFOPGQSPPG BOEUZQJDBMMZJNQPTFNPSFTFWFSFQFOBMUJFT$SJNJOBMKVTUJDFQSPDFEVSFTBSFUZQJDBMMZMFOHUIJFSBOENPSF DPNQMJDBUFEBOEVTVBMMZSFTVMUJOIBSTIFSQFOBMUJFT t $JWJM0SEJOBODFTBSFQSPTFDVUFEUISPVHIBOBENJOJTUSBUJWFBHFODZ XIJDIBSFUZQJDBMMZFBTJFSUPQSPTFDVUF BMUIPVHIQFOBMUJFTBSFMJNJUFEUPmOFTBOEDPTUSFDPWFSZ5IFQSPDFEVSFDBONJNJDUIBUVTFEGPSQBSLJOH WJPMBUJPOTPSPUIFSNJOPSJOGSBDUJPOToBDJUBUJPODBOCFJTTVFEBUUIFTDFOFPGUIFWJPMBUJPOBOEUIFWJPMBUPSIBT UIFCVSEFOPGDIBMMFOHJOHJUTWBMJEJUZ 2: Number of and Action by Underage Guests t 4)0TJOWPMWFQBSUJFTXIFSFCPUIVOEFSBHFQFSTPOTBOEBMDPIPMBSFQSFTFOU t 5IJTWBSJBCMFTQFDJmFTUIFOVNCFSPGVOEFSBHFHVFTUTUIBUNVTUCFBUUIFQBSUZBOEUIFBDUJPOTUIBU UIFZFOHBHFJOUPUSJHHFSBWJPMBUJPO"DUJPOTDBOJODMVEF B QPTTFTTJPO C DPOTVNQUJPO D JOUFOUJPOUPDPOTVNF E QSFTFODF JF OPTQFDJBMFWJEFOUJBSZSFRVJSFNFOU G 4)0TNBZBMTPSFRVJSFFJUIFSBTBOBMUFSOBUJWFPSJOBEEJUJPOUIBUUIFQBSUZHPFSTFOHBHFEJOVOSVMZCFIBWJPS TVDIBTFYDFTTJWFOPJTF mHIUT WBOEBMJTNBOEMJUUFS 3: Property Type 4)0TXJMMWBSZJOUFSNTPGUIFUZQFPGQSPQFSUZUIBUDBOUSJHHFSBWJPMBUJPO1SJWBUFSFTJEFODFT JODMVEJOH BQBSUNFOUT BSFUZQJDBMMZJODMVEFEBTUIFQSJNBSZMPDBMFPGVOEFSBHFESJOLJOHQBSUJFT5IFPSEJOBODFTNBZBMTP JODMVEFPUIFSUZQFTPGQSPQFSUZ JODMVEJOH B PVUEPPSQSPQFSUZ C PVUCVJMEJOHT FH TUVEJPT HBSBHFT CBSOT D DPNNVOJUZIBMMTBOEPUIFSNFFUJOHTQBDFT 4: Types of Hosts 5ZQJDBMMZ 4)0TJODMVEFBOZPOFJODPOUSPMPGUIFQSPQFSUZXIFSFUIFQBSUZPDDVSSFEBTQPUFOUJBMWJPMBUPST FH PXOFS SFOUFS BOEMFTTFF BOEUIFQFSTPOXIPPSHBOJ[FE TVQFSWJTFE PSDPOUSPMMFEUIFQBSUZ4PNF PSEJOBODFTIBWFTQFDJBMQSPWJTJPOTBQQMJDBCMFUPMBOEMPSETBOEPQFSBUPSTPGIPUFMTBOENPUFMT4PNFSFRVJSF UIBUUIFIPTUCFBUMFBTUZFBSTPGBHF 5: Knowledge Standard 4)0TFTUBCMJTIWBSZJOHSFRVJSFNFOUTSFMBUFEUPUIFBDUJPOTBOELOPXMFEHFPGUIFIPTU 5IFZJODMVEF GSPNUIFNPTUUPUIFMFBTUTUSJOHFOU Overt Act: 5IFIPTUNVTUIBWFBDUVBMLOPXMFEHFPGUIFQBSUZBOEDPNNJUBOBDUUIBUDPOUSJCVUFTUPJUT UBLJOHQMBDF Knowledge: 5IFIPTUNVTUIBWFBDUVBMLOPXMFEHF OPBDUJPOJTSFRVJSFE Recklessness:5IFIPTUNBZOPUIBWFBDUFEXJUIBDUVBMLOPXMFEHFCVUNVTUBDUXJUIJOUFOUJPOBMEJTSFHBSE PGGBDUTPSDJSDVNTUBODFTUIBUXPVMEIBWFBMFSUFEIJNIFSUPUIFQBSUZTPDDVSSFODF Negligence:5IFIPTULOFXPSTIPVMEIBWFLOPXOPGUIFFWFOUTPDDVSSFODF Strict Liability:/PSFRVJSFNFOUPGLOPXMFEHFPSDVMQBCJMJUZ5IFGBDUUIBUUIFQBSUZUPPLQMBDFPOUIFIPTUT 1 Comments Received from Nextdoor Public Meetings to Discuss Potential Social Host Ordinance3d ago Amy Resseguie from City of Fort Collins The City of Fort Collins will host three public meetings to discuss options to address underage consumption of alcohol and/or marijuana at parties. • Feb. 8, 6-7:30 p.m., Twinberry Auditorium, Fort Collins Senior Center, 1200 Raintree Dr. • Feb. 15, 6-7:30 p.m., Community Room, Harmony Library, 4616 S. Shields St. • March 1, 6-7:30 p.m., Room #386, Lory Student Center, CSU A growing number of communities are adopting policies, commonly referred to as social host ordinances, that hold a party host responsible when underage drinking occurs at their gathering. Neighborhood Services staff have researched the numerous ways other communities have chosen to address underage drinking and drug use. The public meetings will be an opportunity for staff to share this information and for residents to provide feedback on whether the City should pursue a new social host ordinance. For more information, visit www.fcgov.com/neighborhoodservices/socia.... Shared with City of Fort Collins in General REPLY 14 Meg, Georgie and Van, Karen, and 8 others thanked you Kelly M. from Trail Head3d ago Its already against the law for underage kids to consume alcohol. This is just more socialist douchebaggery in the never ending quest for total people control. We don't need more laws/ordinances. Enforce what's already law and call it a day. Thank Remove Taylor, Debby, Jamie, and 21 others thanked Kelly Ray D. from Bucking Horse3d ago My sentiments exactly. 3 public gatherings, wow. Let's support local law enforcement to help them do their job. Thank Remove Lisa, Jessica, Michelle & John, and 10 others thanked Ray 22.1 Packet Pg. 393 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 2 Valerie H. from Avery Park Neighborhood Association3d ago And the Party Registration allows them to hold party after party without any penalty. I'm sick of the party host getting a free pass to wake us up! Thank Remove Michael S. from Fox Stone English Ranch3d ago Just stay out of people's business. Let parents do the parenting. Keep your bureaucratic policies for elected officials. We don't need no Granny state here. Believe me I just came from California. Nextdoor should not be for prying into peoples business or their entertainment options. Thank Remove Betsey, Jessica, Lisa, and 7 others thanked Michael Cosmo A. from Richard's Lake3d ago More waste of my money ! I would rather see party lists so I can be invited! Thank Remove Jessica, Lisa, Michelle & John, and 3 others thanked Cosmo Michelle & John M. from Fossil Lake3d ago This sounds ugly. I'm going to one of the meetings just to say, 'no'. Parents should parent, parties of under age kids should be chaperoned, and I don't want to 'police' my neighbors or their children. Thank Remove Wendy, Jessica, Lisa, and 5 others thanked Michelle & John Heidi N. from Fossil Lake3d ago Parents shouldn't promote underage drinking. Thank Remove Lisa and Lisa thanked Heidi 22.1 Packet Pg. 394 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 3 Tom F. from Quail Hollow3d ago Networks like this one merely announce what's going on in the neighborhood. Don't shoot the messenger! The announcement talks about how different communities have CHOSEN to manage. A good approach might be to go to the meeting and vocalize support for the option of 'do nothing - NOTHING is a viable option; parents are already responsible for what goes on in their homes!' If those voices are not there, whose voices will be heard? That's how the city gets a feel for how its citizens would like support from the city government... sometimes, not at all! So, if that's how you feel, let your voices be heard! That's what public gatherings are for! Thank Remove Taylor, Brian, Wendy, and 21 others thanked Tom Meg D. from Old Town West Neighborhood2d ago Thanks for being a voice of reason here, Tom. I appreciate that the City takes time to periodically review the Code and make sure that it still reflects what we, as a community, want it to be saying. Sometimes a review means that we leave things just as they are and we're satisfied that what we have is exactly what we want. And other times we look at the Code, slap our hands to our foreheads, and exclaim, "What the heck were we thinking?!" I think this is a good exercise to be going through to help make sure our community is headed in a direction that we want it to go. And it makes sense to have multiple meetings to make sure there's a variety of options for people to attend based on their schedule. Thanks Amy! Thank Remove Cynthia, Andi, Diana, and 3 others thanked Meg Kate F. from Sheely Addition2d ago We don't hear partying at our house but I completely feel hosts should be responsible. We give a large 4th of July party each year and keep an eye on younger attendees to make sure they don't have access to liquor. Thank Remove Cynthia and Mary thanked Kate 22.1 Packet Pg. 395 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 4 Brian P. from Lake Sherwood2d ago To Michael Smith: Nextdoor has nothing to do with this. It's a post from the City of Fort Collins. Do you blame the Coloradoan newspaper when they have an article or notice about something you don't agree with? Nextdoor is just a medium for sharing information. Thank Remove Diana, Scott, Cadie, and 1 other thanked Brian Kevin C. from Capitol Hill2d ago I think the city should keep their nose out of this. Let parents parent. I don't need the city to help me parent. Look at how they run this city. Now that's impressive! Thank Remove Scott and Ken thanked Kevin Janine B. from Timber Creek1d ago I would think that this has more to do with addressing underage consumption amongst college students who don't live with their parents. Thank Remove Shannon & Steve, Mark, Dian, and 1 other thanked Janine Amber E. from Edora Acres5h ago I think it's a great idea. Those meetings are bringing parents together and exposing them to lots of community resources. No one can know everything so it's good to get together sometimes. Inbox / Social Host ordinance Conversation between you and Debora Busse. 22.1 Packet Pg. 396 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 5 x Debora B.Hello, Having lived in a community (in California) with a social host ordinance, I wanted to give some feedback, based on personal experience. My work involved travel and I often left my two sons (aged 16 & 19) "unattended". I had never had any issues, until one occasion where my older son was at work and my younger son invited a friend over (which was against my rules...). His friend arrived with a 3rd boy, who was not expected. Apparently the 3rd boy made a few calls to others, and within a short time my home (most were outside in the yard) was mobbed with about 50 kids from all over the county. My son tried to get kids to leave, but when they threatened to break windows and kick in the front door, he backed down. He later told me he was afraid to call the police, for fear of repercussions at school. When my older son arrived home, he had no qualms about calling the police and the place emptied out once the police arrived. I was not cited, because the ordinance wasn't adopted until a few years later, but I found it worrisome that I could be held responsible for teenage drinking at my home without my knowledge, especially since the kids who were drinking were trespassing. I fully understand the need for an ordinance such as this, as I have heard of parties where adults are present and alcohol is being consumed...with the attitude "better they drink here and be safe than drink elsewhere". Since this is no longer an issue for me (my sons are in their 30's now), I will not be attending any hearings. I just wanted to share my experience to make sure the ordinance is reasonably written. x Jim O. from Fox Stone English Ranch 5d ago x While our little ones are far from this age, it's an issue we will obviously need to address and is important for the overall safety of the community. That's the witching hour for us so won't be able to attend. Would certainly be interested in any info that results from the meeting. Thanks. Thank Remove Terry thanked Jim x Jennifer R. from South College Heights 5d ago x As a property manager for several homes that have student tenants, I am also very interested in info from the meeting. Unfortunately, I have other plans already for this evening, and won't be able to make the meeting. A little more notice next time would be helpful. Thank Remove 22.1 Packet Pg. 397 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 6 Terry, Roger, and Becky thanked Jennifer x Roger A. from Mulberry Hill 5d ago x I think the meeting needs to be video taped/recorded and then put up on the city's website for viewing later on for those that cannot attend. Then this way, if others have concerns, questions or comments, they can do so, and then a follow up meeting or at least comments left addressing those issue's that were brought forward post meeting. Thank Remove Heidi, Christina, Terry, and 5 others thanked Roger x Becky R. from Westchase 4d ago x I agree that more notice would be helpful. Thank Remove x Rich and karen B. from Waterglen 4d ago x Not only this issue but why are my middle schoolers waiting for the school bus across the street from the high schoolers that are smoking cigs and weed? Where are these parents in guiding their children? Pathetic! Thank Remove 22.1 Packet Pg. 398 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 7 x Patrick C. from University Acres 4d ago x final public meeting? I assume with no way to submit comments after this meeting, because thats how cities like to operate? When will the council (or is it an unelected committee) going to vote on the issue? Thank Remove x Amanda M. from Observatory Village 4d ago x I went to this meeting tonight and it was very informative. From what I gathered under current laws there is no way to hold a host responsible for the underage drinking unless there is proof they provided the alcohol. Under the proposed host ordinance the host of the party would be held civilly liable not criminally if there were underage drinkers present. Owners of the property will not be held liable if they are not present this goes for parents too if their child throws a party while they are away. This ordinance will give police another tool to help detour underage drinking in our community. After the 3rd offense of violating the host ordinance the individual that keeps hosting the parties can be charged with a criminal offense that will then go on their record. There is a survey at www.fcgov.com/neighborhoodservices/socia... also you can email questions or comments to decoldiron@fcgov.com. Thank Remove Heidi, Bill, Jolynn, and 7 others thanked Amanda 22.1 Packet Pg. 399 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 1 Comments Received from Facebook 22.1 Packet Pg. 400 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 2 22.1 Packet Pg. 401 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 3 22.1 Packet Pg. 402 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 4 22.1 Packet Pg. 403 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 5 22.1 Packet Pg. 404 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 6 22.1 Packet Pg. 405 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) 7 22.1 Packet Pg. 406 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Page 1 of 2 Social Host Ordinance Survey - Methods City Population School Student Population Social Host - Local Social Host - State Noise Nuisance Gathering or Party PNO or Nuisance Premises Nuisance Gathering or Party + Social Host Other Comment Albuquerque, NM 556,495 U of New Mexico 27,353 9 Noise Billings, MT 166,855 Montana State U 15,421 9 Boulder, CO 97,385 U of Colorado 29,325 9 Nuisance Party College Station, TX 228,660 Texas A & M 55,809 9 Party Host (parking, litter, noise) Coronado, CA 24,697 North Island Naval Air Base 9 9 9 Disturbance of peace Dekalb, IL 43,862 Northern Illinois U 22,000 9 9 Disorderly House East Lansing, MI 48,579 Michigan State U 50,085 9 9 9 9 Noise; Nuisance Parties Eugene, OR 160,552 U of Oregon 24,181 9 9 9 9 Noise Disturbance; Unruly Gatherings Eureka, CA 26,913 Colllege of the Redwoods 5,784 9 9 9 Nuisance Property Fargo, ND 228,291 North Dakota State U 14,516 9 Noisy Party or Gathering Grand Forks, ND 52,838 U of North Dakota 15,000 9 Noisy Gatherings Greeley, CO 96,539 U of Northern Colorado 15,000 Gunnison, CO 5,873 Western State U 2,539 9 9 Honolulu, HI 390,738 U of Hawaii 19,507 $WWDFKPHQW 22.2 Attachment: Survey of Other Jurisdictions-Methods (4269 : Social Host) Page 2 of 2 Social Host Ordinance Survey - Methods City Population School Student Population Social Host - Local Social Host - State Noise Nuisance Gathering or Party PNO or Nuisance Premises Nuisance Gathering or Party + Social Host Other Comment Kenosha, WI 99,899 9 9 9 Noise Madison, WI 243,344 U of Wisconsin 43,193 9 9 9 9 Noise; Chronic Nuisance Premises; Nuisance Party (includes social host) Reno, NV 233,294 U of Nevada Reno 18,227 9 St. Paul, MN 297,640 St. Catherine U; Concordia U 5,100 2,800 9 9 Very general public nuisance ordinance that does not specify nuisance behavior. Santa Barbara, CA 90,412 UC Santa Barbara 23,051 9 9 Steamboat Springs, CO 12,088 Colorado Mountain College 2,500 9 9 Disturbing Quiet Enjoyment of Home Tempe, AZ 161,719 Arizona State U 83,000 9 9 9 Unlawful Gatherings Tucson, AZ 980,263 U of Arizona 42,236 9 9 Unruly Gatherings (includes social host) 22.2 Attachment: Survey of Other Jurisdictions-Methods (4269 : Social Host) Page 1 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of Responsibility Defenses Penalty Other Effectiveness Billings, MT 9 2009 Criminal Owner, tenant, anyone in control or organizer of event. Does not have to be present. Knows or reasonably should know Parent or guardian, medicinal purpose, religious observance provided by minister or priest Not more than $500 and/or six months in prison Can include reimbursement to city for response costs No hard data. Anecdotally, not much impact. Lots of MIP tickets Coronado, CA Responsible Host 2003 Criminal Person having immediate control, any adult having immediate control and present Knows or reasonably should know Not more than $1,000 and/or six months in prison No hard data. 2/2 Spoke to to Cpt. Jesus Ocholla. Good to have on the books. Use for chronic cases. Good in that it's easier to use as a civil infraction. Most issues are at HS level so use as educational tool with parents East Lansing, MI Page 2 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Eureka, CA Responsible Person and Unruly gathering 2014 Civil Person who owns, rents, leases or has control; person responsible for the gathering. Does not have to be present. If it is a juvenile, the parents and/or guardians are liable Knows or reasonably should know Parent or guardian, religious observance, or course and scope of employment First offense is given a warning. 1st violation is $250; 2nd is $500; 3rd is $1,000. (All within 12 mo period.) Upon second violation will include reimbursement to city for response costs Per CA Cyndy Day-Wilson - Was enacted a few years ago at the request of a citizens group. Stipulated that a warning be given first. Have never used the ordinance even to give a warning. Not sure there was a big issue from the outset. Gunnison, CO 9 2010 Criminal Person in possession or control of private property Page 3 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Kenosha, WI 9 ? Civil Person in control of the property who hosts or allows the event or gathering. Does not have to be present to be responsible. Fails to take reasonable steps to prevent possession or consumption Parent or guardian, religious observance, or course and scope of employment At least $1,000 but less than $5,000 plus court costs. No response to calls or email. Reno, NV Social Host Disruptive Gathering 2007 Criminal Owner, occupant, lessee or holder or possessory interest. 1st - $100; 2nd - $250; 3rd $500 Per Officer Tim Broadway, have seen a decrease in MIP citations since implementation of SHO: 2013>136; 2014 >116; 2015 >66 St. Paul, MN 9 2009 Criminal Person who hosts or allows the event or gathering. Does not have to be present to be responsible. Knows or reasonably should know Parent or guardian, Page 4 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Santa Barbara, CA 9 2008 Civil Person who owns, rents leases or has control, or organized the party, event or gathering. If it is a juvenile, the parents and/or guardians are liable. Tenant is presumed responsible, not landlord. Does not have to know or intend that alcohol would be possessed or consumed by minors. 1st - $1,000 or participation in alcohol counseling program; 2nd - $2,000 or $1,000 and participation in alcohol rehab; 3rd - $2,000 Sgt. Riley Hartwood called. On the books since 2008 and has never been used so can't comment on effectiveness. Steamboat Springs, CO 9 2009 Criminal Person who owns, rents, leases or controls private property Knowingly allow Parent or guardian or good samaritan 1st - $500; 2nd - $750; 3rd $999. All require minimum of 24 Page 5 of 5 Social Host - Local Year Enacted Type of Offense Responsible Party Test of CityEffectiveness Responsibility Defenses Penalty Other Social Host Ordinance Survey- Effectiveness Tempe, AZ Social Host/ Nuisance Party 2013 Civil Person who permits, allows, or hosts at private property under his or her ownership or control. Includes parents or guardians if it is a juvenile. Can apply to any person in attendance. 1st - $250, 2nd - $1,000; 3rd - $1,500 Will include a police service fee of $250 to $1,500 Received a report of Operation Safe & Sober from ACA Andrew Davidson. SHO was enacted as part of a campaign in 2014 to reduce calls for service especially with regard to nuisance gatherings primarily concentrated in areas around ASU. Nuisance gathering calls reduced 33% from 2013 to 2014. 22.3 Packet Pg. 413 Attachment: Survey of Other Jurisdictions-Effectiveness (4269 : Social Host) Additional Detail on Research Collected Specific to Fort Collins and Colorado Related to Social Host Efforts Research – Fort Collins: Illegal possession and consumption of alcohol and marijuana by persons under twenty-one (21) years of age is a problem across the nation, as well as in the City of Fort Collins. Staff considered the following data when preparing our options and recommendation: 1) According to the Center for Disease Control, a survey of high school students found that 34.9% drank at least one day during the 30 days prior to the survey given. 41.8% of these youth had been given the drink by someone else; 2) According to the Office of Juvenile Justice and Delinquency Prevention, people aged 12 to 20 years drink 11% of all alcohol consumed in the United States. More than 90% of this alcohol is consumed in the form of binge drinks; 3) According to a Colorado Department of Public Health and Environment Survey, teens across Colorado are no different than those across the United States. 81% of Colorado’s youth state that they have tried alcohol at some point in their life by the 12th grade. Almost 19% had their first drink prior to age 13. 56.5% had used some form of illegal drug by the 12th grade. Almost 7% used an illegal drug prior to age 13. 4) According to the Substance Abuse and Mental Health Services Administration (SAMHSA), based on a National Survey of Drug Use and Health they conducted in 2013-2014, Colorado was identified as one of the states having the highest percentage of youths aged 12 to 17 who had used alcohol and/or marijuana within a month of taking the survey. Maps depicting this information are included at the end of this document. Colorado sits well above the national average when it comes to marijuana usage within this same age group. These numbers have continued to increase attributed, in part, to the legalization of marijuana within the state. A table showing this is also included at the end of this document. Additionally, Fort Collins police have experiential knowledge from what they see on a regular basis as part of their enforcement efforts. Issues that they see repeatedly include: 1) Disruptive behaviors such as noise, roaming through neighborhoods, entering wrong houses, and vandalism; 2) Urinating in public; 3) Medical conditions; and 4) Violent crimes, including rape and altercations. Many of the youth they deal with fall within eighteen (18) to twenty (20) years of age $WWDFKPHQW 22.4 Packet Pg. 414 Attachment: Additional Information on Fort Collins and Coloado Research (4269 : Social Host) Figure 9b. Alcohol Use in the Past Month among Youths Aged 12 to 17, by State: Percentages, Annual Averages Based on 2013 and 2014 NSDUHs Source: SAMHSA, Center for Behavioral Health Statisics and Quality, NSDUH, 2013 and 2014 22.4 Packet Pg. 415 Attachment: Additional Information on Fort Collins and Coloado Research (4269 : Social Host) Figure 3b. Marijuana Use in the Past Month among Youths Aged 12 to 17, by State: Percentages, Annual Averages Based on 2013 and 2014 NSDUHs Source: SAMHSA, Center for Behavioral Health Statisics and Quality, NSDUH, 2013 and 2014 22.4 Packet Pg. 416 Attachment: Additional Information on Fort Collins and Coloado Research (4269 : Social Host) Source: SAMHSA, Center for Behavioral Health Statisics and Quality, NSDUH, 2013 and 2014 22.4 Packet Pg. 417 Attachment: Additional Information on Fort Collins and Coloado Research (4269 : Social Host) Excerpt from the Board and Commission Super Issue Meeting Summary February 18, 2016 Social Host - Delynn Coldiron, Neighborhood Services Manager Andy Leslie, Police Services x TEAM Fort Collins approached City with concerns about underage drinking, and an inter-agency committee was formed x Enforcement would not be tied to the City’s Public Nuisance Ordinance x Colorado is a high risk state (12-17 year old; alcohol consumption, binge drinking, marijuana use) x Creating Social Host Ordinance would o Hold party host responsible o Look to provide wider choices of enforcement (softer response; civil vs criminal) o Address gaps that currently exist $WWDFKPHQW 22.5 Packet Pg. 418 Attachment: Board/Commission Super Issue Meeting Excerpt, February 18, 2016 (4269 : Social Host) $WWDFKPHQW 22.6 Packet Pg. 419 Attachment: Work Session Summary, May 12, 2015 (4269 : Social Host) 1 Social Host Ordinance Delynn Coldiron, Neighborhood Services Manager Jeremy Yonce, Fort Collins Police Lieutenant ATTACHMENT 7 22.7 Packet Pg. 420 Attachment: Powerpoint presentation (4269 : Social Host) Recommendation Staff recommends adopting the proposed Social Host ordinance to: • Help deter underage consumption of alcohol and marijuana • Enhance enforcement options • Facilitate enforcement in non-nuisance settings • Improve health and safety of the Community 2 Photo source: loonylabs.org 22.7 Packet Pg. 421 Attachment: Powerpoint presentation (4269 : Social Host) Proposed Ordinance 3 • Person liable for social host if: • They have legal control of and access to a private place; and • They are present while underage consumption is occurring • Civil Infraction • Penalties are limited • No jail time or criminal record • Not tied to the Public Nuisance Ordinance 22.7 Packet Pg. 422 Attachment: Powerpoint presentation (4269 : Social Host) Proposed Ordinance 4 • Does not apply when there is: • A parent’s consent • A valid medical marijuana registry card • Supervision under an instructor • A religious purpose • A supervised and valid investigation 22.7 Packet Pg. 423 Attachment: Powerpoint presentation (4269 : Social Host) Enhances Tools Available 5 • Existing Tools: • Minor in Possession • Unreasonable Noise • Nuisance Gathering • Public Nuisance Ordinance • Contributing to the Delinquency of a Minor • No Civil Options 22.7 Packet Pg. 424 Attachment: Powerpoint presentation (4269 : Social Host) Public Engagement 6 22.7 Packet Pg. 425 Attachment: Powerpoint presentation (4269 : Social Host) Initial Discussions • Problem? • Sufficient tools exist • Multiple Violations • Increased risky behavior • Question on effectiveness • Enforcement Student Voice 7 22.7 Packet Pg. 426 Attachment: Powerpoint presentation (4269 : Social Host) Initial Discussions • Problem? • Public Nuisance Ordinance • Increased liability • Higher chance for PNO action • Increased costs • Unfair to hold them responsible • Question on effectiveness • No issue if not tied to PNO Property Owner/Manager Voice 8 22.7 Packet Pg. 427 Attachment: Powerpoint presentation (4269 : Social Host) Development of Options •MIP • Nuisance Gathering • Public Nuisance Ordinance • Multiple Violations • Fort Collins 9 22.7 Packet Pg. 428 Attachment: Powerpoint presentation (4269 : Social Host) 10 Alcohol Use in Past Month – Youths Aged 12-17 Source: SAMHSA, Center for Behavioral Health Statistics and Quality 22.7 Packet Pg. 429 Attachment: Powerpoint presentation (4269 : Social Host) 11 Alcohol Use in Past Month – Youths Aged 12-17 Source: SAMHSA, Center for Behavioral Health Statistics and Quality 22.7 Packet Pg. 430 Attachment: Powerpoint presentation (4269 : Social Host) Experience • Disruptive Behaviors •Noise • Roaming crowds • Vandalism • Underage Drinking • Urinating in Public • Medical Conditions • Violent Crimes • Sex Assaults • Fights 12 Photo Source: Collegian.com 22.7 Packet Pg. 431 Attachment: Powerpoint presentation (4269 : Social Host) Final Outcome 13 • No Ordinance • Existing tools • Education and outreach Keep things the same •New Ordinance • Civil Infraction • No tie to PNO Social Host Photo Source: straightuppvc.org Photo Source: thecollaborative.us 22.7 Packet Pg. 432 Attachment: Powerpoint presentation (4269 : Social Host) Public Engagement • Public Meetings – 4 • Boards & Commissions • Newspaper article • Social Media • Facebook • Nextdoor • Poster run • Webpage • Questionnaire 14 22.7 Packet Pg. 433 Attachment: Powerpoint presentation (4269 : Social Host) Research 15 States: • 42 – some type of social host statute • Violations: Civil, Criminal or Both • States: • 42 have social host statute • Violations – civil, criminal or both • Cities: • More than 150 have social host ordinance • Variety of options 22.7 Packet Pg. 434 Attachment: Powerpoint presentation (4269 : Social Host) Colorado Research 16 22.7 Packet Pg. 435 Attachment: Powerpoint presentation (4269 : Social Host) Recommendation Staff recommends adopting the proposed Social Host ordinance to: • Help deter underage consumption of alcohol and marijuana • Enhance enforcement options • Facilitate enforcement in non-nuisance settings • Improve health and safety of the Community 17 Photo Source: loonylabs.org 22.7 Packet Pg. 436 Attachment: Powerpoint presentation (4269 : Social Host) Questions? 18 22.7 Packet Pg. 437 Attachment: Powerpoint presentation (4269 : Social Host) -1- ORDINANCE NO. 047, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT A SOCIAL HOST FROM ALLOWING THE POSSESSION OR CONSUMPTION OF ETHYL ALCOHOL OR MARIJUANA BY PERSONS UNDER TWENTY-ONE YEARS OF AGE WHEREAS, persons under the age of twenty-one at times obtain, possess or consume alcoholic beverages and marijuana at private residences or other property under the control of a person who knows or should know of such conduct; and WHEREAS, underage consumption of both alcoholic beverages and marijuana poses an immediate threat to the public health, safety and welfare in that it leads to increased unlawful behavior, physical altercations and an overall increase in rate of crime, which often requires intervention by local law enforcement; and WHEREAS, the City Code currently addresses, through the City’s unreasonable noise and nuisance gathering provisions, large social gatherings that become noisy or unruly where underage consumption of both alcohol and marijuana occurs, however, the Code does not have a specific provision to address a person who acts as a social host at a private residence or other property where underage possession or consumption of both alcohol and marijuana occurs; and WHEREAS, the imposition of strict liability on a person who is aware of, or should be aware of the prohibition of, and need to prevent, the underage possession or consumption of alcohol and marijuana is necessary to deter and prevent such occurrences; and WHEREAS, the prohibitions found in this Section are reasonable and expected to prevent underage persons from obtaining, possessing and consuming alcohol and marijuana; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. 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 17-161 of the Code of the City of Fort Collins is hereby amended by the addition of new definitions of the terms “Ethyl alcohol”, “Marijuana” and “Private place,” which read in their entirety as follows: Ethyl alcohol shall mean any substance which is or contains ethyl alcohol and includes fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the Colorado Beer Code and the Colorado Liquor Code. Packet Pg. 438 -2- Marijuana shall have the same definition as in Section 17-190 of this Code. Private place shall have the same definition as in Section 17-130 of this Code. Section 3. That Article IX of Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-168 which reads in its entirety as follows: Sec. 17- 168. Social host for ethyl alcohol or marijuana possession or consumption by persons under twenty-one years of age. (a) A person shall be liable as a social host if: (1) such person had control of the access to or use of a private place; and (2) such person was present at such private place while the possession or consumption of either ethyl alcohol or marijuana by an individual under twenty- one (21) years of age occurred. (b) A violation of subsection (a) of this Section is a strict liability offense. (c) The prohibition set forth in subsection (a), of this Section does not apply to situations in which: (1) A person under twenty-one (21) years of age was legally at a private place with the knowledge and consent of a person who had control of the access to or use of such private place and possessed or consumed ethyl alcohol with the consent of the individual’s parent or legal guardian who was present during such possession or consumption; (2) A person under twenty-one (21) years of age possessed or consumed medical marijuana pursuant to Article XVIII, Section 14 of the Colorado Constitution, and possessed a valid registry identification card; (3) A person who consumed ethyl alcohol was a student who tasted but did not imbibe an alcohol beverage only while under the direct supervision of an instructor. Such instructor must have been at least twenty-one (21) years of age and employed by a post-secondary school. Such student shall have been enrolled in a university or a post-secondary school accredited or certified by an agency recognized by the United States department of education, or a nationally recognized accrediting agency or association, or the "Private Occupational Education Act of 1981", article 59 of title 12, C.R.S. Such student must have participated in a culinary arts, food service, or restaurant management degree program, and must have tasted but not imbibed the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage, except the portion the student tasted, remained under the control of the instructor; Packet Pg. 439 -3- (4) The possession or consumption took place for religious purposes protected by the First Amendment of the United States Constitution; or (5) The possession or consumption took place during the course of a supervised and bona fide investigation conducted by a law enforcement agency. (d) Any person found liable for violating this Section commits a civil infraction and is subject to penalty provisions of Subsection 1-15(f) of the Code. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 440 -1- ORDINANCE NO. 048, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS TO MODIFY THE RULES FOR CIVIL INFRACTIONS RELATED TO IMMEDIATE SERVICE OF A SOCIAL HOST CIVIL CITATION WHEREAS, City Council is concurrently considering Ordinance No. 047, 2016, that would impose a strict liability standard on a person who is responsible for allowing the underage possession or consumption of alcohol or marijuana to occur; and WHEREAS, if such ordinance is adopted, any person found liable for violating it would commit a civil infraction violation; and WHEREAS, the current process for civil infraction violations is to give a notice of violation to the responsible party prior to a citation being issued unless there is an exception to allow for immediate service of a citation; and WHEREAS, City staff recommends immediate service of a civil citation in the event of a social host violation; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. 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 19-65(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-65. - Commencement of action; citation procedure. (a) Officers shall have the authority to initiate enforcement proceedings as provided below. (1) An officer who has reasonable grounds to believe that a responsible party has committed a civil infraction under this Code is authorized to serve a notice of violation to the responsible party. Except as otherwise provided in this Code, the officer shall set a reasonable time period within which the responsible party must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, the nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. An officer may immediately Packet Pg. 441 -2- serve a civil citation to a responsible party, without prior notice, for a civil infraction in the following casesviolation ofcircumstances: a. the violation of City Code Sections 4-7-, 4-74, 4-95, 4-96, 4-97, 4- 119, 4-157, or 4-177Chapter 4, Article II of this Code, ; b. the violation of City Code Section 17-168, c. if there is reason to believe that the violation presents a threat to the public health, safety or welfare or the damage done by the violation is irreparable or irreversible,; or d. if the violation is a second or subsequent violation by the responsible party that occurred within the twelve (12) months immediately following a previous violation,; or e. the violation of Land Use Code Section 3.8.16 pertaining to occupancy limits. . . . Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 442 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Resolution 2016-034 Appointing a Councilmember as a Representative to the Boxelder Basin Regional Stormwater Authority Board of Directors. EXECUTIVE SUMMARY The purpose of this item is to appoint a representative from the City of Fort Collins to the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors. Ken Sampley has served as the City representative since June 17, 2010. The City Council has expressed a desire to appoint one of its members to the Board of Directors. Mr. Sampley will remain involved as a subject matter expert supporting the Board representative. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The BBRSA Intergovernmental Agreement specifies that its Board of Directors shall consist of five (5) Directors-one each appointed by the City of Fort Collins, the Town of Wellington and Larimer County, one jointly appointed by the City of Fort Collins and Larimer County, and another jointly appointed by the Town of Wellington and Larimer County. Directors are appointed for a 3-year term. The original terms were staggered so not all Directors are up for appointment at the same time. Ken Sampley was appointed administratively on June 17, 2010 and reappointed in 2013. His current term expires on April 1, 2016. Mr. Sampley has performed exceptionally as the City representative and President of the BBRSA Board to move these projects forward. His leadership was crucial to the successful navigation through the engineering, legal, and political issues leading up to the execution of contracts for construction of the Master Planned improvements that will improve flood protection in many areas along the Boxelder Creek, as well as areas downstream. Construction activities are planned to be complete in the summer of 2016. It is in the best interest of the City and the BBRSA for Mr. Sampley to remain involved and supporting the new Boardmember through the completion of construction and transition to use. BOARD / COMMISSION RECOMMENDATION At its March 17, 2016 meeting, the Water Board voted unanimously to 23 Packet Pg. 443 Agenda Item 23 Item # 23 Page 2 ATTACHMENTS 1. Water Board minutes, March 17, 2016 (draft) (PDF) 2. Powerpoint presentation (PDF) 23 Packet Pg. 444 Excerpt from Unapproved Minutes – March 17, 2016 Water Board Boxelder Basin Regional Stormwater Authority (BBRSA): Board Recommendation (Attachments available upon request) Water Engineering Field Operations Manager Jon Haukaas and Water Utilities Engineering Manager Ken Sampley presented background information on the establishment of the BBRSA and the structure of its Board of Directors. Flooding in the Boxelder and Cooper Slough drainage basins has been a regional concern since 2005. Mr. Sampley has served as Fort Collins’ appointed Board Director since joining the City staff in June 2010 and as President of the Board of Directors since mid-2011. City Councilmembers feel a political presence on the board will help the City connect on a Council level and help Council stay better informed of activities. Mr. Sampley will serve as technical advisor and continue to attend meetings, but a Councilmember would serve as Fort Collins’ appointed BBRSA Board Director. Staff and Council feel the timing is right for this transition because the construction phase will be completed in the next three months and the BBRSA will transition into the maintenance phase. Staff is requesting Water Board comments and feedback. Discussion Highlights A board member inquired about the benefits of having a City Councilmember on the BBRSA board. Mr. Haukaas replied that it provides more direct oversight by an elected official and a more direct connection to other City Councilmembers. Another board member inquired who the other BBRSA Directors are. Staff noted the current BBRSA Board Directors are: DIRECTOR OFFICE HELD TERM EXPIRES APPOINTED BY Ken Sampley President April 2016 City of Fort Collins Richard Seaworth Director April 2018 Town of Wellington Vic Meline Treasurer April 2017 City of Fort Collins/Larimer County George Reed Secretary April 2017 Larimer County Bill Schneider Director April 2019 Town of Wellington/Larimer County A board member supported the idea of a staff member continuing in the position for another year and questioned why a Councilmember, who is busy with so many other projects, would want to serve as a director if all the controversial issues have passed. What is the value? It was noted the BBRSA Board of Directors has been meeting approximately twice per month over the past two years, however the number of meetings is expected to decrease to monthly or possibly bi- monthly now that construction is almost complete. Mr. Haukaas stated Councilmember Gerry Horak has expressed interest and City Council has the power to appoint the representative for this three-year term. A board member commented that as long as the Council appoints someone who is passionate and interested in the topic, they are ATTACHMENT 1 23.1 Packet Pg. 445 Attachment: Water Board minutes, March 17, 2016 (draft) (4219 : Boxelder Board of Directors) supportive of the idea. Staff noted that several of the BBRSA Directors are expected to resign before their terms are finished since they have served on the Board for multiple terms. Mr. Haukaas stated that long-term issues are (1) the sunset date, (2) who will own and maintain the BBRSA regional stormwater facilities, and (3) terms for repayment of the Colorado Water Conservation Board (CWCB) loan. The BBRSA could be disbanded, for example, if each municipality agrees to take on maintenance of specific facilities. BBRSA Board of Directors’ meetings are open to the public. 23.1 Packet Pg. 446 Attachment: Water Board minutes, March 17, 2016 (draft) (4219 : Boxelder Board of Directors) 1 Boxelder Basin Regional Stormwater Authority Jon Haukaas 23.2 Packet Pg. 447 Attachment: Powerpoint presentation (4219 : Boxelder Board of Directors) Appointment of City Representative 2 23.2 Packet Pg. 448 Attachment: Powerpoint presentation (4219 : Boxelder Board of Directors) History and Purpose The Boxelder Basin Regional Stormwater Authority (BBRSA) was formed by Intergovernmental Agreement (IGA) in 2008 with the purpose of funding and implementing regional stormwater improvements. Membership: – Fort Collins – Larimer County – Wellington. Timnath is a financial partner by separate IGA. 3 23.2 Packet Pg. 449 Attachment: Powerpoint presentation (4219 : Boxelder Board of Directors) Representation The BBRSA Governance per Article II of the IGA. Five (5) member Board of Directors: • Fort Collins representative • Larimer County representative • Wellington representative • Fort Collins/Larimer County Joint representative • Wellington/Larimer County Joint Representative Each serving staggered three (3) year terms 4 23.2 Packet Pg. 450 Attachment: Powerpoint presentation (4219 : Boxelder Board of Directors) City Representative Mr. Ken Sampley, PE » City representative since 2010 » Board President since 2011 » Current term expires April 2016 Mr. Sampley has been instrumental in moving the projects forward to the benefit of the member entities. He is willing to continue in his present role or otherwise continue to support the Authority in a supporting role as a Subject Matter Expert. 5 23.2 Packet Pg. 451 Attachment: Powerpoint presentation (4219 : Boxelder Board of Directors) City Representative Council has expressed the desire to take a more active role in the BBRSA and the selection of our representative. This action is to appoint a City Representative to BBRSA Board of Directors. 6 23.2 Packet Pg. 452 Attachment: Powerpoint presentation (4219 : Boxelder Board of Directors) -1- RESOLUTION 2016-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING A COUNCILMEMBER AS A REPRESENTATIVE TO THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Fort Collins (“City”), Board of Commissioners of Larimer County, Colorado and Town of Wellington, Colorado are parties to that certain Intergovernmental Agreement for Stormwater Cooperation and Management dated August 20, 2008, and First Amendment to Intergovernmental Agreement for Stormwater Cooperation and Management dated June 16, 2014 (collectively, the “IGA”) for the purpose of creating the Boxelder Basin Regional Stormwater Authority (the “Authority”); and WHEREAS, Ken Sampley, Water Systems Engineering Manager, was appointed by the City Manager administratively on June 17, 2010, and reappointed in 2013 to serve three year terms as the City-appointed Director on the Authority Board of Directors (the “Board”) pursuant to Section 2.03 of the IGA; and WHEREAS, Sampley has performed exceptionally as the City-appointed Director, and as President of the Authority Board, for two terms; and WHEREAS, Sampley’s current term will expire on April 1, 2016, or as soon thereafter as a successor director is approved; and WHEREAS, in July 2015, the City Council adopted Resolution 2015-066 approving Council retreat priorities, including the appointment of a Councilmember to the Board of the Authority; and WHEREAS, the City Council desires to appoint a Councilmember to serve as the City selected Director of the Authority 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 any and all determinations and findings contained in the recitals set forth above. Section 2. That Councilmember ________________ is hereby appointed to serve as the City selected Director on the Authority Board until April 1, 2019, or until a replacement representative is designated by the Council. Packet Pg. 453 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 454 hours of public service and completion of an alcohol class. Can also receive jail sentence < 180 days. Per Chief Cory Christensen, cannot make absolute correlation between social host ordinance enforcement and reduction in MIP citation but here are the numbers: 2013 Citations: SHO = 5; MIP = 77 2014 Citations: SHO = 3; MIP = 71 2015 Citations: SHO = 2; MIP = 58 22.3 Packet Pg. 412 Attachment: Survey of Other Jurisdictions-Effectiveness (4269 : Social Host) religious observance, course and scope of employment, law enforcement activities, 3.2 malt liquor, landlord who did not host or participate in event. $1,000 plus court costs of $412 and/or 90 days in jail Diversion for 1st offenders. $150 fine. Required to attend meeting with neighbors and perform 16 hours of community service. Per ACA Ivars Krievans the prosecutor. Procedures are what make it effective. Zero adult providers is the goal. College age offenders are the target population. Schools take lead in giving the word to students. Engage students in resolving the issue. Started in 2010. Not trying to stop underage consumption of alcohol - irresponsible underage consumption of alcohol. No hard data. 22.3 Packet Pg. 411 Attachment: Survey of Other Jurisdictions-Effectiveness (4269 : Social Host) Must make reasonable effort to comtrol by: limiting amount of alcohol available,limiting size of gathering, restricting access to those under 21, checking valid state IDs. Parent or guardian, legal confectionary, or religious purpose. Not more than $1,000 and/or 90 days in jail. Per Municipal Court Clerk: only 21 citations to date. Alcohol citations have decreased from about 50 per year to 30 per year. Cannot attest to direct correlation. Usually associated with disturbing the peace. Officer has discretion as to which to charge. 22.3 Packet Pg. 410 Attachment: Survey of Other Jurisdictions-Effectiveness (4269 : Social Host) Alcoholic Beverages and controlled substances at social gatherings. 1994 Criminal Owner, tenant, anyone in control of property. Has control, knows and fails to take corrective action. Lawful prescription or religious purpose 1st -Not more than $500 and/or 30 days in prison. 2nd - not more than $500 and/or 90 days in prison. Criminal penalty can be imposed in addition Cpt. Diane Shafer. Used primarily to encourage party registration. No hard data. Anecdotally, no impact on underage drinking. Eugene, OR 9 2002 Civil Anyone who exercises control over the private real property and who is present. Does not apply to owners or agents of rental property. May knowingly allow. Parent or guardian in home or other private place. $1,000 and community service Three calls and one email to the City prosecutor with no response. City Social Host Ordinance Survey- Effectiveness $WWDFKPHQW 22.3 Packet Pg. 409 Attachment: Survey of Other Jurisdictions-Effectiveness (4269 : Social Host) QSPQFSUZJTTVGmDJFOU 6: Preventive Action Negates Violation 4PNF4)0TFYFNQUIPTUTXIPUBLFQSFWFOUJWFBDUJPOPODFUIFZCFDPNFBXBSFPGUIFQBSUZ FH DBMMMBX FOGPSDFNFOUPSBDUJOHPPEGBJUIUPFOEUIFQBSUZ5IFQSFWFOUJWFBDUJPODBOCFQBSUPGUIFEFmOJUJPOPGUIF WJPMBUJPO JF UIFQSPTFDVUPSNVTUTIPXUIBUUIFIPTUEJEOPUUBLFQSFWFOUJWFBDUJPO PSCFBOBGmSNBUJWF EFGFOTF JF UIFIPTUNVTUTIPXIFTIFUPPLUIFQSFWFOUJWFBDUJPOUPBWPJEMJBCJMJUZ 1SFWFOUJWFBDUJPO SFRVJSFNFOUTNBLFJUNPSFEJGmDVMUUPQSPTFDVUF4)0WJPMBUJPOTUIFSFCZSFEVDJOHUIFDFSUBJOUZBOE TXJGUOFTTPGUIFQFOBMUZ 7: Penalties 1FOBMUJFTDBOJODMVEFJNQSJTPONFOU mOFT BOEDPTUSFDPWFSZ$PTUSFDPWFSZSFRVJSFTUIFIPTUUPQBZUIF DPTUTPGMBXFOGPSDFNFOU mSF NFEJDBMBOEPUIFSFNFSHFODZSFTQPOTFQSPWJEFSTBTBSFTVMUPGUIFQBSUZ$JWJM PSEJOBODFTDBOOPUJODMVEFJNQSJTPONFOU*OHFOFSBM TVCTFRVFOUPGGFOTFTXJUIJOBTFUQFSJPEPGUJNFTIPVME CFTVCKFDUUPNPSFTFWFSFQFOBMUJFT1FOBMUJFTWBSZCZUIFTFWFSJUZUIFPGGFOTF GPSFYBNQMF QBSUJFTUIBUSFTVMU JOCPEJMZIBSNNBZJOWPMWFTUSJDUFSQFOBMUJFT PSUZQFPGIPTU MBOEMPSETNBZIBWFMJHIUFSmOFTBOEPOMZSFDFJWF OPUJDFBOEXBSOJOHGPSmSTUPGGFOTF Team Fort Collins Recommendations for a Social Host Ordinance in Fort Collins 1:Civil Ordinance 2:Possession, Consumption or Unruly Behavior of t "MDPIPMBOEPSNBSJKVBOB t 5XPQFSTPOTPSNPSF t 0OFNJOPS VOEFS 3: All Property Types t 1SJWBUFSFTJEFODFTJODMVEJOHBQBSUNFOUT t 0VUEPPSQSPQFSUZ t 0VUCVJMEJOHT FH TUVEJPT HBSBHFT CBSOT t $PNNVOJUZIBMMTBOEPUIFSNFFUJOHTQBDFT 4: Occupant t 0DDVQBOUJTQSJNBSZ t 0XOFSOPUJmFEPGWJPMBUJPOBOESFTQPOTJCMFJGOPUDVSFECZUIFPDDVQBOU 5: Strict Liability 6: Preventative Action t 3FQPSUJOHBCTPMWFTUIFPDDVQBOUBOEPSPXOFSPGDJWJMSFTQPOTJCJMJUZ 7: Fine Structure t 6UJMJ[FFYJTUJOHDJWJMmOFTUSVDUVSFGPS0DDVQBODZBOE1SPQFSUZ.BJOUFOBODF7JPMBUJPOT TUJOGSBDUJPOXJUIJONPOUIQFSJPE OEJOGSBDUJPOXJUIJONPOUIQFSJPE 22.1 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Washington, ,JOH$PVOUZ Wisconsin, 4UBUF-BX Wyoming, 4UBUF-BX How You Can Support the Ordinance 1.$POUBDUZPVSDJUZDPVODJMNFNCFSUPMFU UIFNLOPXIPXZPVGFFMPSIBWFCFFO BGGFDUFECZVOEFSBHFESJOLJOHBOEIPVTF QBSUJFT BOEUIFTPMVUJPOPGB4PDJBM)PTU 0SEJOBODF 2.%JTDVTTVOEFSBHFESJOLJOH NBSJKVBOBVTF BOEIPVTFQBSUJFTXJUIZPVSGSJFOETBOE OFJHICPST 3.$POUBDU5FBN'PSU$PMMJOTUPHFUNPSF JOGPSNBUJPOBOEHFUJOWPMWFE 4.8SJUFMFUUFSTUPUIF$PMPSBEPBOBOEUBML BCPVUUIJTJTTVFPOTPDJBMNFEJBBOECMPHT About Team Fort Collins 0VSNJTTJPOJTUPQSPNPUFIFBMUIZMJGFTUZMFTUISPVHIUIF QSFWFOUJPOPGTVCTUBODFBCVTF 0VSGPDVTJTPOi&OWJSPONFOUBM4USBUFHJFTPG1SFWFOUJPOw 5IFTFBSFTUSBUFHJFTUIBUBEESFTTQPMJDJFT OPSNT FYQFDUBUJPOT SFHVMBUJPOTBOEFOGPSDFNFOUXJUIJOBTIBSFE FOWJSPONFOUXJUIPUIFSTJOBDPNNVOJUZ4VDITUSBUFHJFT MJLF4PDJBM)PTU0SEJOBODFT IBWFHSFBUFSSFBDI BSF MPOHFSJOEVSBUJPO BOETIPXNPSFSBQJESFTVMUTUIBO EJSFDUTUSBUFHJFTUIBUEPOPUJODMVEFUIFMBSHFSDPNNVOJUZ Team Fort Collins 4$PMMFHF"WF 'PSU$PMMJOT $0 1IPOF 5PMFBSONPSFWJTJUfort-collins-sho.squarespace.com 22.1 Attachment: Additional Details on Public Engagement Efforts (4269 : Social Host) Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) fugitive dust. 1 Packet Pg. 301 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain 1 Packet Pg. 300 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) that creates emissions of fugitive dust or causes off-property or off-vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical 1 Packet Pg. 299 Attachment: Exhibit A (4290 : Dust Prevention and Control - City Code ORD) negative, impact likely Very negative, impact expected 20.4 Packet Pg. 263 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) Proposal supports the policy to continually improve air quality Proposal supports the policy to strive to protect human health Proposal supports water quality and stormwater management requirements Proposal does not support water conservation policy Fast-growing cover crops used for re-seeding may be very water intensive. 20.4 Packet Pg. 262 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) provide training and support in preparation for implementation. Staff will develop a Public Engagement Plan to provide clear messaging about the ordinance and that compliance will not always result in zero dust being transported off site. If the ordinance passes, staff will actively engage with the public and conduct outreach to reach a range of demographics. 20.4 Packet Pg. 260 Attachment: Sustainability Assessment Summary and Tool (4261 : Dust Prevention and Control) cleanup this is estimated to be 0.2% of total project cost Vacuum System Deposition Removal N/A $2,500 Removing deposition left on the site and in the street will be removed by Vacuum system water. Project Total: $600,000 Mitigation Total: $6,090 $7080-$8580 Required: 1.0% of Project Total Additional: 1.2% - 1.4% of Project Total 20.2 Packet Pg. 252 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) ($40) Site/Street Cleanup Track- out/Carry- out Deposition Removal $700 N/A Manually removing deposition left on the site and in the street will be removed by push broom and water. Depending on the size of the site and frequency of cleanup this is estimated to be 0.2% of total project cost Project Total: $365,090 Mitigation Total: $6,090 $4580-$6080 Required BMPs: 1.7% of Project Total Additional BMPs: 1.3% - 1.7% of Project Total 20.2 Packet Pg. 250 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) control 5. Horsetooth and Timberline Intersection $32,420 $3,320 $35,740 $3,304,501 1.1% (1.0% required) Actual costs 6. 222 Laporte City Building $40,000 $10,000 $50,000 $10,000,000 0.5% (0.4% required) Actual costs ATTACHMENT 2 20.2 Packet Pg. 248 Attachment: Additional Data Regarding Cost Assumptions (4261 : Dust Prevention and Control) required) Actual costs 6. 222 Laporte City Building $40,000 $10,000 $50,000 $10,000,000 0.5% (0.4% required) Actual costs 3. Tracking of dust complaints To begin to track the overall number and type of complaints associated with dust generating activities, staff has developed a tracking spreadsheet that is available on a SharePoint site, where all City staff can access, enter, and track complaints. Two complaints in 2016 have been entered thus far. The spreadsheet has been shared with the Air Quality Advisory Board and Fugitive Dust Working Group and amended based on their feedback. 4. The Hybrid Approach to Preventing, Minimizing, and Controlling Dust Based on feedback from Council, staff has developed the following hybrid approach for preventing, minimizing, and controlling fugitive dust: 1. All projects must cover loads of aggregate material (Section 3.6 of the Manual) and implement the required saw cutting and grinding best management practices (Section 3.10 of the Manual). 2. All projects must comply with the provisions outlined in the Dust Control Manual, except that residential projects under 10,000 square feet (measured by lot size) are exempt from this requirement (though they are still required to prevent and control dust, but they do not have to use the best management practices outlined in the Manual). o There are two exceptions to this rule: First, if a builder is constructing multiple lots that are contiguous to each other, and the total area of these contiguous lots exceeds 10,000 square feet, then the Manual applies. Second, if a builder or operator receives two written warnings within a one year period, then the builder or operator has to utilize the Dust Control Manual to address fugitive dust on their site. 3. Staff is proposing that enforcement of these regulations be delayed until November 1, 2016, in order to allow for training and outreach to occur prior to enforcement. These requirements are further described below: 20 Packet Pg. 243 DESCRIPTION OF A TRACT OF LAND TO BE ANNEXED TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51 FEET; THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET; THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET; THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET; THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET; THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING THREE (3) COURSES: 1. S00°11'35"W, A DISTANCE OF 60.02 FEET; 2. S88°21'25"E, A DISTANCE OF 514.24 FEET; 3. N01°38'35"E, A DISTANCE OF 102.50 FEET; THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID INTERSTATE LANDS SECOND ANNEXATION; THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. _____________________________________________________________________ I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Engineering\ East Prospect Road Annex 2015\Legals\E Prospct Rd Annex.doc 3DJHRI Legal Description of the Annexation Attachment "B" Page 1 of 2 18.4 Packet Pg. 231 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) $ #$$ $ $ $ $ $ $ 18.4 Packet Pg. 229 Attachment: Annexation petition (4266 : East Prospect at Boxelder Creek Annexation) Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Foothills Corridors Open Lands, Parks and Water Corridors Enhanced Travel Corridor (Transit) © 1 in = 0.4 miles ATTACHMENT 2 17.2 Packet Pg. 209 Attachment: Structure Plan Map (4257 : Mountain's Edge Annexation and Zoning) Attachment: Vicinity Map (4257 : Mountain's Edge Annexation and Zoning) Packet Pg. 170 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) Packet Pg. 169 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) There will be existing trees that are taken down as part of this project that will be mitigated. The improvement of traffic flow will likely result in reduced air pollution. Staff anticipates recycling of construction materials at Hoffman Mill as opposed 14.2 Packet Pg. 167 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) 14.2 Packet Pg. 166 Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization) Attachment: Sustainability Assessment Summary and Tool (4265 : Prospect College ED Authorization)