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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 03/07/2017 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting March 7, 2017 Amended 3/6/2017 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring March 2017, as Developmental Disability Awareness Month. B. Proclamation Recognizes and Thanking Front Range Community College for 30 Years of Larimer Small Business Development Center Sponsorship. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER City of Fort Collins Page 2  City Manager Review of Agenda.  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. Second Reading of Ordinance No. 027, 2017, 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. This Ordinance, unanimously adopted on First Reading on February 21, 2017, appropriates $355,985, from a combination of unanticipated revenue (Lodging Tax) and prior year reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. $221,578 will be used for 2017 Cultural Development and Programming Activities (Fort Fund); $14,560 will be used for 2017 Tourism Programming (Fort Fund); and $119,847 will be used for 2017 Convention and Visitors Program activities. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2016 was $355,985 above projected collections. 2. Second Reading of Ordinance No. 028, 2017, Amending the Fort Collins Traffic Code Restricting Parking in Bicycle Lanes. This Ordinance, unanimously adopted on First Reading on February 21, 2017 amends sections of the Fort Collins Traffic Code to clarify regulations relating to bike lanes. The amendment to Section 1013 clarified that bicycle lanes can be identified by signs or pavement markings and that parking in bike lanes is prohibited. The amendment to Section 1204 included bike lanes in the list of locations where parking is prohibited. 3. Postponement of Second Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand Property to April 18, 2017. Staff requests postponement of Second Reading of this Ordinance to April 18, 2017, to allow time for additional research to address possible impacts to current businesses in town, including cell phone kiosks, cell phone stores, electronic stores and jewelers and the need to outreach to impacted parties. 4. Second Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on February 21, 2017, annexes 43.698 acres, consisting of 11 parcels located in the southeast quadrant into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the eastern edge of South Timberline Road and bisected by Kechter Road. A related item to zone the annexed properties is presented as the next item on this Agenda. 5. Second Reading of Ordinance No. 031, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map. 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 2017-017. This Ordinance, unanimously adopted on First Reading on February 21, 2017, zones 43.698 acre, 11-parcel enclave into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the east edge of South Timberline Road and are bisected by Kechter Road. City of Fort Collins Page 4 6. Second Reading of Ordnance No. 032, 2017, Annexing Property Known as the Lehman-Timberline Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on February 21, 2017, annexes 5.684 acres, located at 5830 South Timberline Road, between Mail Creek Ditch and Bacon Elementary School. The initiating resolution was adopted on January 17, 2017. A related item to zone the proposed annexation is presented as the next item on this Agenda. 7. Second Reading of Ordinance No. 033, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lehman-Timberline Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map. 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 2017-017. This Ordinance, unanimously adopted on First Reading on February 21, 2017, zones the Lehman- Timberline annexation into the Low Density Mixed-Use Neighborhood (LMN), zone district. 8. Second Reading of Ordinance No. 034, 2017, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. This Ordinance, unanimously adopted on First Reading on February 21, 2017, amends the boundaries of the Fort Collins Downtown Development Authority (DDA) and amends the DDA’s Plan of Development to include the property at 221 East Oak Street and adjacent rights-of-way (ROW) on East Oak Street and Mathews Street. The property is a commercially zoned vacant lot at the southwest corner of East Oak Street and Mathews Street. The ROW is being added as a housekeeping step to more efficiently describe the overall DDA boundary. There is no impact to the City from the inclusion of this ROW. 9. Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in Community Solar Projects. This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and “program-managed” community solar projects, and to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-managed community solar project. In addition, this item provides background on the income qualified SAP which will provide participating Fort Collins electric customers with direct bill credits for a one year period. During that time, SAP households will participate in efficiency and conservation installations customized to each household, drawing on resources from Utility Services, Larimer County and the State of Colorado. Program households will also participate in energy saving education and complete efficiency upgrades. Combined, the efficiency and education opportunities will enable program households to permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of qualifying households will benefit from a reduced energy burden as individual participants in the program, and the benefits of additional renewable energy generation will be realized across the residential rate class. The proposed credit rate for SAP and other dedicated program-managed community solar project customers is the same rate as that currently available to customers of subscriber-owned community solar projects, like the Riverside Community Solar project. 10. Second Reading of Ordinance No. 036, 2017, Repealing Ordinance No. 013, 1996, Regarding Adoption of the Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins. This Ordinance, unanimously adopted on First Reading on February 21, 2017, repeals the 1986 East Side Neighborhood Plan and the 1989 West Side Neighborhood Plan. The Old Town Neighborhoods Plan, adopted on February 21, 2017, represents a combined update of the original East Side and City of Fort Collins Page 5 West Side Neighborhood Plans developed in the 1980s. The Old Town Neighborhoods generally encompass the predominantly residential neighborhoods to the west and southeast of Downtown. The Plan provides a renewed vision and policy guidance for the two neighborhoods, and incorporates details on programs, strategies, and actions to support and implement the neighborhood vision. 11. Second Reading of Ordinance No. 037, 2017, Amending Section 2-568 of the Code of the City of Fort Collins Proscribing Certain Actions in the Event a City Board or Commission Member has Declared a Conflict of Interest and Establishing a Related Variance Procedure. This Ordinance, unanimously adopted on First Reading on February 21, 2017, amends Section 2- 568(a) and 2-568 (c) of the City Code to clarify certain actions in the event a City board or commission member has declared a conflict of interest and establish a related variance procedure. 12. First Reading of Ordinance No. 046, 2017, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund for the Police Campus West Substation Build-out. The purpose of this item is to authorize and appropriate funding for the Campus West Substation build-out from the KFCG Police Reserves account. Funding for ongoing lease payments and associated O&M expenses was approved in the 2017-2018 budget; however, at inception it was anticipated that market timing would dictate that a lease would be signed before the end of the 2016 fiscal year, with lease payments beginning in 2017 and initial build-out costs paid in 2016 via off- cycle funding. The costs for initial build-out of the substation include demolition/renovation, IT infrastructure, electrical work, furnishing, etc. Delays during the budget process and higher than anticipated build estimates did not allow this money to be appropriated in 2016, as a lease agreement was not yet reached. An agreement has been finalized in principle for build-out costs, requiring an appropriation of $218,750 from the KFCG Police Reserves account. 13. First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements. The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of an annual regional contribution of local matching funds for the Colorado Department of Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA) with Larimer County and participating local agencies, including the City, to contribute local matching funds for this purpose. This is the first of five annual installments of these payments to Larimer County under the IGA. Local matching fund commitments accelerate the improvements to I-25 in Northern Colorado. 14. Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the City's Contribution of Funds for the North Interstate 25 Improvements. The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit $2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local matching funds for the North I-25 Improvements project. Local match funding contributions from Fort Collins and other regional agencies allow the I-25 improvements to be accelerated by as many as fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget. 15. First Reading of Ordinance No. 041, 2017, Establishing Rental Rates and Delivery Charges for Use of the City's Raw Water for 2017. The purpose of this item is to obtain City Council approval of rates and charges for the rental and delivery of Utilities’ raw water supplies for 2017. These rates are used to invoice agricultural, contractual, and other raw water users. Similar to the past two years, the rates and charges for water from ditch and reservoir companies and the Colorado-Big Thompson Water Project are calculated using formulas that are based on the cost to the Water Utility. These rates and charges City of Fort Collins Page 6 are generally slightly higher than last year due to increased annual assessments and other related fees imposed by the companies and the Northern Colorado Water Conservancy District. The rates and charges for the City’s reusable and other “fully consumable” supplies are the same as last year. 16. Items Relating to the Resolution of Issues Concerning Josh Ames Water Certificates. POSTPONED TO MARCH 21, 2017 A. Resolution 2017-028 Authorizing the City Manager to Execute Agreements with the Holders of Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971. B. First Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971, to Meet Raw Water Requirements. The purpose of this item is to comprehensively address issues concerning water certificates the City issued under a May 10, 1971, agreement with The Josh Ames Ditch Company (Josh Ames Certificates), which have and will otherwise continue to raise disputes with the holders of such certificates. As set forth in this item, these issues and disputes are to be addressed through two related proposals. The first proposal is a resolution authorizing the City Manager to enter into agreements with the holders of water certificates created under a May 10, 1971, agreement between the City and The Josh Ames Ditch Company in order to convert those certificates to City water certificates at an “exchange rate” of three acre-feet rights per Josh Ames Certificate. The second proposal is an ordinance amending certain sections of Chapter 26 of the City Code to clarify how Josh Ames Certificates are used to meet the City Code raw water requirements for treated water service. 17. Resolution 2017-029 Approving the Charter of the Regional Water Collaboration Steering Committee. The purpose of this item is to seek City Council approval of the Charter of the Regional Water Collaboration Steering Committee (Steering Committee). The Steering Committee is composed of members of governing boards and staff of Fort Collins Utilities, East Larimer County Water District (ELCO), and Fort Collins-Loveland Water District (FCLWD). The proposed Steering Committee Charter articulates key regional water issues identified by the Steering Committee and the purpose and intended outcomes of regional water collaboration. The Charter outlines the Steering Committee’s purpose, goals, membership, governance structure, and expected deliverables. The Charter formalizes a commitment from each water provider to investigate and pursue collaborative opportunities where it makes sense and where customers and residents within the Growth Management Area (GMA) will realize a benefit. All future meetings of the Steering Committee will be open to the public. 18. Resolution 2017-030 Approving the Boxelder Basin Stormwater Authority's Multiple Fiscal Year Payment Obligation to the John W. Day Family Partnership Settling Claims Related to Condemnation of Property for the Eastside Detention Facility. WITHDRAWN FROM AGENDA The purpose of this item is to approve the Authority's multiple fiscal year payment obligation of $1,675,000 over a four year period to settle an eminent domain lawsuit with the John W. Day Family Partnership, finalizing acquisition of land and associated rights for property on which the Eastside Detention Facility (Facility) has been constructed. The approval of all members (Fort Collins, Wellington, and Larimer County) is required for any borrowing or multiple fiscal year financial obligation by the Authority under the 2008 Intergovernmental agreement (IGA) forming the Boxelder Basin Regional Stormwater Authority (BBRSA). City of Fort Collins Page 7 This item also authorizes the Mayor to approve and execute a memorandum of understanding or other agreement approving Authority's multiple fiscal year payment obligation described above and committing to negotiate with the members in good faith to agree upon a timeline for identifying, evaluating the impact of, and seeking agreement on a potential maximum amount of future obligations to be borne by the Town of Wellington under the IGA and other related matters. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 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. 19. First Reading of Ordinance No. 038, 2017, Appropriating Prior Year Reserves in the Neighborhood Parkland Fund for Neighborhood Park Site Development and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (staff: Kurt Friesen; 3 minute staff presentation; 5 minute discussion) The purpose of this item is to request appropriation of Neighborhood Parkland Funds for the 2017- 2018 budget cycle. During the regular 2017-18 budget appropriation process, Councilmember Campana recused himself from the appropriation of funds for Sidehill Park, resulting in a neighborhood park offer that was only partially funded. This appropriation will complete the neighborhood park offer, providing funding in the New Park Site Development business unit for Sidehill Park and other neighborhood park projects. City of Fort Collins Page 8 20. First Reading of Ordinance No. 043, 2017, Amending Article III of Chapter 17 of the Code of the City of Fort Collins by Adding a New Section 17-46 Regulating Use of Public Facilities on Sidewalks, Plazas, Public Restrooms and Transit Facilities. (staff: Jeff Mihelich; 10 minute staff presentation; 2 hour discussion) The purpose of this item is to provide a set of regulations for shared public spaces in the pedestrian- friendly downtown area. 21. Items Relating to Short Term Rental Land Use Code and City Code Ordinances. (staff: Ginny Sawyer; 10 minute staff presentation; 90 minute discussion) A. First Reading of Ordinance No. 044, 2017, Amending the City of Fort Collins Land Use Code Regarding Short Term Rentals. B. First Reading of Ordinance No. 045, 2017, Amending Chapter 15 of the Code of the City of Fort Collins to Add Short Term Rental Licensing Regulations. The purpose of this item is to bring forward a licensing structure and the associated Land Use Code (LUC) changes to regulate short term rental (STR) activity in the City of Fort Collins. These Ordinances together provide regulations that address:  Allowable zones for both primary and non-primary STRs  Grandfathering of existing lawful STRs as nonconforming uses  Parking requirements for STRs  STR safety inspections  Limiting STR licenses to property owners  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, our community believes people with intellectual and developmental disabilities belong in the community and have fundamental moral, civil and constitutional rights to be fully included and actively participate in all aspects of society; and WHEREAS, Fort Collins recognizes people with intellectual and developmental disabilities are defined by their own strengths, abilities, and inherent value, not by their disability; and WHEREAS, we recognize that people with intellectual and developmental disabilities, with appropriate resources and supports, can make decisions about their own lives and must be heard on issues affecting their lives; and WHEREAS, the City of Fort Collins is interested in the welfare of, and improving the quality of life for citizens with intellectual and developmental disabilities; and WHEREAS, the City wants to encourage businesses, individual citizens and the community-at-large to promote full inclusion for citizens with disabilities in work and recreation in the community. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of March 2017 as DEVELOPMENTAL DISABILITY AWARENESS MONTH in the city of Fort Collins and ask the citizens to recognize and include in all activities, all citizens with developmental disabilities. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, Fort Collins is an innovative community with an entrepreneurial workforce, strong business centers and a supportive business community; and WHEREAS, Front Range Community College has contributed significantly to the academic development of the local workforce; and WHEREAS, Front Range Community College has been responsive to local business needs, preparing students for in-demand vocations that support the local economy and sustain the student; and WHEREAS, the Larimer Small Business Development Center supports our community by helping entrepreneurs and small businesses start and prosper through free one-on-one business consulting, a variety of classes and access to resources; and WHEREAS, Front Range Community College has hosted and financially sponsored the Larimer SBDC since 1987, making 2017 the 30-year anniversary of this partnership; and WHEREAS, the City appreciates this collaboration for the community’s benefit. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby recognize and extend thanks to FRONT RANGE COMMUNITY COLLEGE for 30 years of Larimer Small Business Development Center sponsorship. The assistance, support, and education that both organizations provide to the economic and educational vitality of Fort Collins have been a valuable resource for our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Wendy Bricher, Financial Coordinator Amanda King, Communications/Public Involvement Director Loren Scheu, Financial Coordinator SUBJECT Second Reading of Ordinance No. 027, 2017, 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 This Ordinance, unanimously adopted on First Reading on February 21, 2017, appropriates $355,985, from a combination of unanticipated revenue (Lodging Tax) and prior year reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. $221,578 will be used for 2017 Cultural Development and Programming Activities (Fort Fund); $14,560 will be used for 2017 Tourism Programming (Fort Fund); and $119,847 will be used for 2017 Convention and Visitors Program activities. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2016 was $355,985 above projected collections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 027, 2017 (PDF) 1 Packet Pg. 11 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Wendy Bricher, Financial Coordinator Amanda King, Communications/Public Involvement Director Loren Scheu, Financial Coordinator SUBJECT First Reading of Ordinance No. 027, 2017, 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 $355,985, of which $221,578 is proposed for 2017 Cultural Development and Programming Activities (Fort Fund), $14,560 is proposed for 2017 Tourism Programming (Fort Fund), and $119,847 is proposed for 2017 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. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2016 was $355,985 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 for cultural development and programming activities, the City also appropriates additional funds and adjusts the amount allocated for those 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. ATTACHMENT 1 1.1 Packet Pg. 12 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5357 : SR 027 Lodging Tax) Agenda Item 7 Item # 7 Page 2 The actual tax revenue collected during the 2016 tax year, as determined in January 2017, was $171,209 more than the Lodging tax revenue anticipated and appropriated for expenditure in 2017. Accordingly, upward adjustments to the 2017 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 2016 be re-appropriated in 2017 for the same purposes as originally appropriated. These appropriation adjustments are described below. CITY FINANCIAL IMPACTS 25% Promote Cultural Development & Programming (CDP) Lodging Tax Convention & Visitors Bureau Fort Fund (Tourism Programming) Fort Fund (Cultural Development & Programming) Percent 70% 5% 25% Total Unanticipated Lodging Tax 119,847 8,560 42,802 171,209 Unspent Appropriations 0 6,000 178,776 184,776 Increased 2016 Appropriation for 2016 Payment 119,847 14,560 221,578 355,985 Promote Convention & Visitor Activities 75% 1.1 Packet Pg. 13 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5357 : SR 027 Lodging Tax) -1- ORDINANCE NO. 027, 2017 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% for the promotion of convention and visitor activities and 25% for cultural development and programming activities; and WHEREAS, the 2016 Lodging Tax revenue was estimated to be $1,166,000, and a total of $1,453,809 in Lodging Tax revenues was actually collected; and WHEREAS, staff has recommended that unanticipated 2016 Lodging Tax revenue in the amount of $171,209 held in the General Fund Reserves be appropriated in 2017 for Lodging Tax programs and activities as follows:  Cultural Development and Programming $42,802  Tourism Programming $8,560  Convention and Visitors Program Services $119,847; and WHEREAS, staff has further recommended that unexpended 2016 appropriations of Lodging Tax revenue in the amount of $184,776, which have lapsed and were returned to the General Fund be appropriated for Lodging Tax programs and activities in 2017, based on the use specified when they were first appropriated, as follows:  Cultural Development and Programming $178,776  Tourism Programming $6,000; and WHEREAS, the total additional 2017 appropriations are $355,985 to make the full payment to the Fort Collins Convention and Visitors Bureau under the agreement between the City and the Bureau, and the Fort Fund Cultural Development and Programming account; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 9, of the City Charter further permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and 1.2 Packet Pg. 14 Attachment: Ordinance No. 027, 2017 (5357 : SR 027 Lodging Tax) -2- 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 under the City Code for Cultural Development and Programming, Tourism Programming, including funds to be paid to the Fort Collins Convention and Visitors Bureau and unanticipated and lapsed Lodging Tax revenues from 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of TWO HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED SEVENTY EIGHT DOLLARS ($221,578) 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 FOURTEEN THOUSAND FIVE HUNDRED SIXTY DOLLARS ($14,560) for 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 NINETEEN THOUSAND EIGHT HUNDRED FORTY SEVEN DOLLARS ($119,847) for Convention and Visitors Program Services. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 15 Attachment: Ordinance No. 027, 2017 (5357 : SR 027 Lodging Tax) -3- Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 16 Attachment: Ordinance No. 027, 2017 (5357 : SR 027 Lodging Tax) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Paul Sizemore, FC Moves Program Manager Joe Olson, City Traffic Engineer Craig Horton, Police Lieutenant SUBJECT Second Reading of Ordinance No. 028, 2017, Amending the Fort Collins Traffic Code Restricting Parking in Bicycle Lanes. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017 amends sections of the Fort Collins Traffic Code to clarify regulations relating to bike lanes. The amendment to Section 1013 clarified that bicycle lanes can be identified by signs or pavement markings and that parking in bike lanes is prohibited. The amendment to Section 1204 included bike lanes in the list of locations where parking is prohibited. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 028, 2017 (PDF) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Paul Sizemore, FC Moves Program Manager Joe Olson, City Traffic Engineer Craig Horton, Police Lieutenant SUBJECT First Reading of Ordinance No. 028, 2017, Amending the Fort Collins Traffic Code Restricting Parking in Bicycle Lanes. EXECUTIVE SUMMARY The purpose of this item is to amend sections of the Fort Collins Traffic Code to clarify regulations relating to bike lanes. The amendment to Section 1013 clarifies that bicycle lanes can be identified by signs or pavement markings and that parking in bike lanes is prohibited. The amendment to Section 1204 includes bike lanes in the list of locations where parking is prohibited. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Fort Collins Traffic Code is largely based upon the Model Traffic Code for the State of Colorado. The Code includes a section that enumerates various places where parking is prohibited without the need for traffic signs or pavement markings. Currently the Code does not specifically identify bike lanes as one of these locations and there are differences of interpretation among City staff whether such a prohibition is implied. This lack of clarity results in difficulty enforcing the Code and keeping bike lanes clear for cyclists. In order to address this problem, staff from FC Moves, Traffic Operations, Police Services, and the City Attorney’s Office worked together to clarify the Code. Other Colorado cities, including Denver, have already adopted amendments to the model code language to specifically include bike lanes as one of those locations where parking is prohibited. The proposed Ordinance follows a similar formula to the one used by these other cities, and will provide clarity allowing more effective enforcement. The Ordinance includes amendments to two sections of the Traffic Code applicable to this issue. The first amendment is to Section 1013, which establishes regulations for driving on roadways with designated bicycle lanes. The amendment clarifies that bike lanes can be identified by either signage or pavement markings, or that parking in bike lanes is prohibited. For internal consistency, the Ordinance also amends Section 1204 to include bike lanes in a list of locations where parking is prohibited. CITY FINANCIAL IMPACTS The proposed changes to the Traffic Code are not anticipated to have a financial impact on the City. ATTACHMENT 1 2.1 Packet Pg. 18 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5368 : SR 028 Bike Lanes) Agenda Item 8 Item # 8 Page 2 BOARD / COMMISSION RECOMMENDATION Staff presented the concept of the proposed changes to the three City boards and committees with a direct interest in parking and bicycling issues. On November 28, 2016, staff discussed the changes with the Bicycle Advisory Committee. The Committee was supportive of the proposal, but a formal endorsement was not requested. On December 21, 2016, the Transportation Board voted unanimously in support of the proposal. On January 9, 2017, the Parking Advisory Board voted unanimously in support of the proposal. PUBLIC OUTREACH Public engagement around this proposal consisted of discussion and input from the three City boards and committees described above. These are citizen boards with an interest in bicycling and parking issues. Any new projects that involve the installation of bike lanes will include public outreach specific to the project type. ATTACHMENTS 1. Transportation Board Memo, December 21, 2016 (PDF) 2. Parking Advisory Board Memo, February 3, 2017 (PDF) 3. Bicycle Advisory Committee minutes, November 28, 2016 (PDF) 2.1 Packet Pg. 19 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5368 : SR 028 Bike Lanes) -1- ORDINANCE NO. 028, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE RESTRICTING PARKING IN BICYCLE LANES WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council adopted the Fort Collins Traffic Code (the “Traffic Code”); and WHEREAS, due to an ambiguity in the current Traffic Code, there is often confusion for citizens and City staff whether vehicles may park in bicycle lanes; and WHEREAS, bicyclists are often placed in difficult and unsafe positions when vehicles park in designated bicycle lanes; and WHEREAS, after a robust outreach to the citizens of the City, staff recommends the Traffic Code be amended to state without ambiguity that parking in bicycle lanes is not permitted; and WHEREAS, the City Council believes it is necessary for the preservation of the health, safety, and welfare of the City’s citizens to amend the Traffic Code to reflect that vehicles may not park in bicycle lanes. 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 1013 of the Traffic Code is hereby amended to read as follows: Sec. 1013. Driving on roadways with designated bicycle lanes. Whenever a lane has been established on a roadway as a bicycle lane, any person operating a motor vehicle on such roadway shall not park in such bicycle lane and shall not move into or out of such bicycle lane except to enter or leave the highway, enter or leave a parking space, or to prepare for a turn. Any person operating a motor vehicle shall not enter a bicycle lane as provided by this subsection until yielding the right-of-way to all bicycles lawfully within the bicycle lane. For purposes of this subsection and subsection 1204, at least three signs or pavement stencils per mile designating a lane as a bicycle lane, together with a white line parallel to the roadway, shall constitute prima facie evidence that a bicycle lane has been established on such roadway. 2.2 Packet Pg. 20 Attachment: Ordinance No. 028, 2017 (5368 : SR 028 Bike Lanes) -2- Section 3. That Section 1204(3) of the Traffic Code is hereby amended to read as follows: Sec. 1204. Stopping, standing or parking prohibited in specified places. . . . (3) In addition to the restrictions specified in Subsections (1) and (2) of this Section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places: (a) Within fifty (50) feet of the nearest rail of a railroad crossing. (b) At any other place where official signs prohibit parking. (c) To park any vehicle other than an authorized vehicle in any area designated for such use. (d) Where a lane has been established on a roadway as a bicycle lane pursuant to subsection 1013. . . . Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 21 Attachment: Ordinance No. 028, 2017 (5368 : SR 028 Bike Lanes) -3- Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 22 Attachment: Ordinance No. 028, 2017 (5368 : SR 028 Bike Lanes) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Russell Reed, Police Lieutenant SUBJECT Postponement of Second Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand Property to April 18, 2017. EXECUTIVE SUMMARY Staff requests postponement of Second Reading of this Ordinance to April 18, 2017, to allow time for additional research to address possible impacts to current businesses in town, including cell phone kiosks, cell phone stores, electronic stores and jewelers and the need to outreach to impacted parties. STAFF RECOMMENDATION Staff recommends postponement of the Second Reading of the Ordinance to April 18, 2017. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Ordinance No., 029, 2017 (PDF) 3 Packet Pg. 23 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Russell Reed, Police Lieutenant SUBJECT First Reading of Ordinance No. 029, 2017, Amending Chapter 15, Article XI of the Code of the City of Fort Collins Related to the Regulation and Licensure of Dealers in Secondhand Property. EXECUTIVE SUMMARY The purpose of this item is to update and revise Article XI of Chapter 15 of the Fort Collins City Code. Article XI addresses the regulation and licensure of dealers in secondhand property within the City of Fort Collins. The proposed changes will update the outdated provisions to comply with current state law, local practice and procedure, and fill in any gaps in the existing provisions. Such changes include modifying the definition of a secondhand dealer to include a person who buys secondhand property and eliminating the restriction on issuance or renewal of a license because of any felony by the licensee, to be consistent with state law. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION A loophole in the current ordinance has allowed various entities to visit Fort Collins for short periods of time such as a weekend, to purchase coins, valuable metals or other secondhand property, and to leave town, all without adhering to the regulations and standards that apply to permanent secondhand property businesses. The proposed addition of buyers to the definition of secondhand dealer will close this loophole. The changes to definitions and restrictions on applicants bring the City Code into line with recent changes in Colorado law. The change requiring electronic record keeping eliminates the currently required antiquated system in which police employees have to pick up paper slips from secondhand dealers and enter them by hand into the system. All pawn stores currently use electronic reporting, and the majority of secondhand dealers do so voluntarily. The service is free to businesses and provides real time entry of sold property which can be matched to property reported stolen to detect potential criminal transactions. CITY FINANCIAL IMPACTS These proposed changes will reduce cost to the City by eliminating the need for employees to drive to locations and pick up pawn slips for entry by hand into the tracking software. PUBLIC OUTREACH Detective Dave Grant personally contacted all of the permanent second hand dealers in the City and explained the proposed changes and how electronic reporting works. He explained the current loophole that benefits out of town “gold buyers” and how FCPS is trying to level the playing field for local businesses as well as update the ordinance regarding law and technology. He also contacted every hotel that hosts out-of-town property ATTACHMENT 1 3.1 Packet Pg. 24 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5369 : SR 029 Secondhand Dealer Postponement) Agenda Item 9 Item # 9 Page 2 “buyers” to explain the proposed changes and what will need to be done for compliance to those changes. Leadsonline is a current service that provides real-time entry of sold property which can be matched to property reported stolen and only takes an internet connection to use and is free to businesses. Thus, the impact on businesses is negligible while the benefits for local business and law enforcement alike are significant. 3.1 Packet Pg. 25 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5369 : SR 029 Secondhand Dealer Postponement) -1- ORDINANCE NO. 029, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XI OF THE CITY CODE RELATED TO THE REGULATION AND LICENSURE OF DEALERS IN SECONDHAND PROPERTY WHEREAS, Chapter 15, Article XI of the City Code addresses the regulation and licensure of dealers in secondhand property within the City; and WHEREAS, Fort Collins Police Services (“FCPS”) noticed a loophole in the current Code provisions that excludes businesses that only bought secondhand property but did not sell it from the definition of “secondhand dealer,” and therefore allows that activity without a license or compliance with the City’s regulations; and WHEREAS, FCPS recommends modifying the definition of secondhand dealer in Section 15-316 of the City Code to include any person who operates any portion of his or her business to buy secondhand property; and WHEREAS, in order to be consistent with state law, FCPS also recommends eliminating the prohibition in Section 15-318 of the City Code on issuing or renewing a license to a person who has been convicted of any felony; and WHEREAS, in order to eliminate the use of outdated reporting methods, FCPS also recommends amending Section 15-321 of the City Code to require secondhand dealers to electronically transmit to FCPS reports of sold property that can be matched to records of stolen property to detect criminal transactions; and WHEREAS, the City Council believes that such amendments are in the best interest 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 15-316 of the Code of the City of Fort Collins is hereby amended to read as follow: Sec. 15-316. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Barter shall mean to trade goods or services without the exchange of money. Barterer shall mean a trader who exchanges goods and not money. 3.2 Packet Pg. 26 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -2- . . . Flea market shall mean a temporary or permanent market place, indoors or outdoors, wherein a booth or other space is provided by an owner or operator for a fee or compensation, to a vendor to exhibit and offer secondhand goods for sale or barter to the general public. . . . Secondhand dealer shall mean any person who operates any portion of his or her business to buy, accepts on consignment, sell or barter secondhand property; and any owner or operator of a flea market, provided, however, that this definition and the terms of this Article shall not apply to the following: (1) A person or organization selling or bartering secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of product, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows and recreational vehicle shows; (2) A person or organization that is charitable, nonprofit, recreational, fraternal or political in nature or that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986; (3) A person buying, selling or bartering firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, or livestock; (4) A person buying, selling or bartering arts and crafts, but only if the arts and crafts are jewelry or items crafted of gold, silver, or other precious metals, and are sold or bartered by the artist or craftsman who created them, or his or her immediate family, or his or her regular employees; (5) A person accepting on consignment, selling or bartering secondhand property that was not originally purchased by such person for resale, so long as such person does not accept on consignment, sell or barter secondhand property more than five (5) weekend periods in one (1) calendar year as verified by a declaration to be prepared by the seller. For purposes of this Subsection, weekend period means during the period beginning Friday through the immediately following Monday; (6) An individual vendor renting a booth or space in a flea market, except that each individual vendor shall be subject to the requirements in § 15-327. Secondhand property shall mean the following items of previously-owned, tangible personal property; 3.2 Packet Pg. 27 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -3- (1) Camera equipment, including, but not limited to: cameras, camera lenses, slide or movie projectors, projector screens, flashguns, light meters, enlargers, tripods, binoculars, telescopes, microscopes and video recording cameras and their components; (2) Entertainment equipment, including, but not limited to: televisions, phonographs, tape recorders, video recorders/players, radios, tuners, speakers, turntables, amplifiers, musical instruments, record changers, citizens' band broadcasting units and receivers, video game systems, video games, and compact disc players; (3) Sporting goods and jewelry, including, but not limited to: skis, ski poles, ski boots, ski bindings, in-line skates, snowboards, skateboards, golf clubs, guns, jewelry, precious or semi-precious metals or stones, coins, luggage, boots and furs; . . . Section 3. That Section 15-318(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-318. Application for secondhand dealer license; renewal; limitation on use; appeals. . . . (b) No license shall be renewed or issued to the following persons under the provisions of this Article: (1) Subject to the provisions contained in Section 24-5-101, C.R.S., a person who has been convicted of: any crime of which fraud or intent to defraud was an element, whether in this State or elsewhere; any crime of embezzlement or larceny against an employer or business; or any criminal conviction or civil violation related to any law or ordinance pertaining to the secondhand dealer or pawn industry; . . . Section 4. That Section 15-320 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-320. Keeping of records required. Every dealer licensed under this Article shall keep at his or her place of business an accurate, detailed record of every article of secondhand property acquired by purchase, consignment or barter. Such record shall include, and the seller, consignor or barterer transacting with the dealer must provide at the time of the sale, consignment or barter, the following: 3.2 Packet Pg. 28 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -4- (1) The name and date of birth of the consignor, seller or barterer; (2) The current street address of the consignor's, seller's or barterer's residence; (3) The date, time and place of the consignment, sale or barter, and the purchase price or other monetary amount of the transaction; (4) An accurate and detailed account and description of the item consigned, sold or bartered, including, but not limited to, any and all trademarks, identification numbers, serial numbers, owner-applied numbers, model numbers, brand names or other identifying marks on such item; (5) The identification number from any of the following forms of identification of the consignor, seller or barterer: a. An identification card issued in accordance with Section 42-2-302, C.R.S.; b. A valid state driver's license; c. A valid driver's license containing a picture issued by another state; d. A military identification card; e. A valid passport; f. An alien registration card; or g. A non-picture identification document issued by a state or federal government entity, if in addition to the document, the secondhand dealer also obtains a clear imprint of the consignor's, seller's or barterer's right index finger (or in the event the right index finger is missing, then the customer's left index finger). (6) A written declaration of ownership obtained from and signed by the seller, consignor or barterer in the presence of the secondhand dealer stating: a. Whether the property that is the subject of the transaction is solely owned by the consignor, seller or barterer and if not solely owned, attaching a power of attorney from all co-owners of the property authorizing the seller, consignor or barterer to sell or otherwise dispose of such property; b. How long the seller, consignor or barterer has owned the property; 3.2 Packet Pg. 29 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -5- c. Whether the consignor, seller or barterer or someone else found the property; and d. If the property was found, a detailed description of the circumstances under which the property was found. (7) A declaration by the secondhand dealer that the secondhand dealer is the rightful owner of the secondhand property and a description of how the secondhand dealer obtained the property, including the serial number of such property, if available, or a copy of the bill of sale of such property; and (8) A declaration by the secondhand dealer that the secondhand dealer has knowledge of the requirement that a record of the sale or barter be transmitted electronically to the local law enforcement agency in a manner as determined by the Chief of Police, as required by § 15-321 and by Section 18-13-114(1), C.R.S. Section 5. That Section 15-321(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-321. Records to be sent to police and open to inspection. (a) Every secondhand dealer shall make such record as required by § 15-320 upon forms to be delivered to such dealer by Police Services or upon a reasonable facsimile thereof, having been approved by the Chief of Police. A secondhand dealer shall transmit electronically in a manner established by the Chief of Police the record of the consignment, sale or barter to Police Services within three (3) days of the date of such consignment, sale or barter and shall keep a paper copy of such record for at least three (3) years after the date of the consignment, sale or barter. . . . Section 6. That Section 15-322 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-322. Records for sales tax collection for flea market sales. (a) Every secondhand dealer or any person who is a dealer of new goods who is a retailer and sells such goods at a flea market or similar facility or any nonpermanent location shall keep and preserve suitable records of consignments, barters or sales made and such other books or accounts as may be necessary to determine the amount of tax for the collection of which the dealer is liable under Title 39, Article 26, Part 1, C.R.S. (b) It is the duty of every such person to keep and preserve for a period of three (3) years all invoices of goods and merchandise purchased for resale. All such books, invoices and other records shall be open for examination at any time by the Executive 3.2 Packet Pg. 30 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -6- Director of the State Department of Revenue, said Director's duly authorized agents or any peace officer. (c) In the case of flea markets and similar facilities in which secondhand property is offered for sale, on consignment or barter, the operator thereof shall inform each secondhand dealer of the requirements of this Article and shall provide the form for recording the information required by § 15-320. (d) In the case of flea markets and similar facilities in which secondhand property is offered for sale, consignment or barter, the operator thereof shall record the name and address of each secondhand dealer offering secondhand property for sale, consignment or barter at the flea market or similar facility, and the identification number of such dealer as obtained from any of the forms of identification enumerated in Paragraph 15-320(5). Such record shall be mailed or delivered by the operator to Police Services within three (3) days of the date the secondhand dealer offered secondhand property for sale, consignment or barter at the flea market or similar facility. A copy of such record shall be retained by each secondhand dealer offering secondhand property for sale, consignment or barter at the flea market or similar facility. Section 7. That Section 15-323 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-323. Notice; penalties. Except in the case of flea markets and similar facilities as provided in this Article, every secondhand dealer shall conspicuously post a notice to be provided by Police Services in a place clearly visible to all buyers and barterers which sets forth the provisions of this Article and of Sections 18-13-114 through 18-13-116, C.R.S., and which sets forth the penalties for violating such sections and for violating Section 18-4-410, C.R.S., concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. Said notice may also include information regarding any reimbursement policy of the dealer. In the case of flea markets and similar facilities, the operator shall post the notice required by this Section in such a manner as to be obvious to all persons who enter the flea market or similar facility. Section 8. That Section 15-324(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-324. Certain property to be held and inspection of premises. (a) Every secondhand dealer shall keep all secondhand property acquired by purchase or barter for a period of thirty (30) days before it is sold and, during such period of time, such property shall not be changed in form or packaging or altered in any other way; provided, however, that serialized property, and stamped and assayed gold and silver 3.2 Packet Pg. 31 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -7- bullion and gold coins, may be sold or transferred after ten (10) days, so long as the secondhand dealer records: (1) The identity and residential address of any person to whom the secondhand dealer sells or transfers such property by any means provided for in Paragraph 15-320(6), and (2) The date, time and place of such sale or transfer. . . . Section 9. That Section 15-325 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-325. Purchase from minors prohibited. No secondhand dealer shall acquire by purchase or barter any secondhand personal property from any person under the age of eighteen (18) without the written consent of their parent or legal guardian. Section 10. That Section 15-328 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-328. Violations and penalties. In addition to the revocation, denial or suspension of any license issued, any person who shall violate any of the provisions of this Article, and any person who barters with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by § 15-320 shall be guilty of a misdemeanor, punishable in accordance with § 1-15. 3.2 Packet Pg. 32 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) -8- Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 33 Attachment: Ordinance No., 029, 2017 (5369 : SR 029 Secondhand Dealer Postponement) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, annexes 43.698 acres, consisting of 11 parcels located in the southeast quadrant into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the eastern edge of South Timberline Road and bisected by Kechter Road. A related item to zone the annexed properties 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, February 21, 2017 (w/o attachments) (PDF) 2. Vicinity Map (PDF) 3. Ordinance No. 030, 2017 (PDF) 4 Packet Pg. 34 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to is to annex 43.698 acres, consisting of 11 parcels located in the southeast quadrant into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the eastern edge of South Timberline Road and bisected by Kechter Road. A related item to zone the annexed properties 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. BACKGROUND / DISCUSSION Enclave The Mail Creek Crossing Second property is an 11-parcel annexation that was enclaved upon the annexation of the Mail Creek Crossing Annexation on January 17, 2014. The remaining surrounding incorporated land consists of seven previous annexations. 1. South Harmony Annexation, 1986 2. Willow Springs Annexation, 1994 3. Liebl Annexation, 2004 4. Thorland Annexation No. 1, 2008 5. Thorland Annexation No. 2, 2008 6. Kechter Annexation No. 3, 2012 7. Kechter Crossing Annexation. 2012 Below is a list of the 11 parcels contained within the enclaved area. Property Owner(s) Property Address Acres Eklund, Allen, Lisa 5318 S Timberline Road 3.01 Reynolds, Jeffrey C., Catherina N. 5332 S Timberline Road 2.29 Fischer, Shelly Ann 5408 S Timberline Road 2.29 HPA Borrower 2016-2 LLC 5416 S Timberline Road 2.26 ATTACHMENT 1 4.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5360 : SR 030 Mail Creek Crossing Second Agenda Item 11 Item # 11 Page 2 Metcalf, Charlotte M., Olson Erik 5428 S Timberline Road 3.00 Cook, Helen L. 2124 Kechter Road 1.53 Behrendt, Judith A 2200 Kechter Road 2.46 Delgrande, Kenneth J. Delgrande, Stephanie A. 2205 Kechter Road 9.26 Delgrande, Kenneth J. 2217 Kechter Road 5.94 Pulse, Eugene B., Eileen D. 5708 S Timberline Road 8.03 Klammer, Troy L., Tracey L. 5716 S Timberline Road 2.30 Total 42.37 Fossil Creek Reservoir Area Plan The enclaved portion south of Kechter Road is located in the receiving area of the County’s 1999 Transfer of Density Units (TDU) program. The program is a land management strategy that established “receiving” and “sending” areas in the Fossil Creek Reservoir, planning area. The TDU Program allowed developers to purchase density credits from strategic sending areas and encourage reduced density within the Fort Collins- Loveland Community Separator area and important natural resource lands surrounding the Fossil Creek Reservoir area. Presently, the TDU Receiving Area is mostly built out, with only a few small parcels remaining, including Homestead Estates, which is an existing platted subdivision. Because of this, the City of Fort Collins has formally requested the conclusion of this program for the affected parcels (Attachment 5) and is waiting for future response from Larimer County. Due to its location, staff recommends placement into the Residential Neighborhood Sign District. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on February 16, 2017. The Board’s recommendation will be provided in the Read-Before packet on February 21, 2017. PUBLIC OUTREACH An outreach process is not required by the Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on November 15, 2016, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from being annexed into the City. Representatives from the Planning and Light and Power departments were present to explain any potential difference in electrical rates, services, zoning and various issues related to future public improvements associated with land development. Attachment 3 is a summary of the questions and answers provided to residents who attended the meeting. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Neighborhood Meeting Notes (PDF) 4. Structure Plan Map (PDF) 4.1 Packet Pg. 36 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5360 : SR 030 Mail Creek Crossing Second SANDBAR CT P A C I FIC CT COASTAL CT R E D WIL L O W CT OLD FARM LN SPRUCE CREEK DR GLOBE CT KADE N W O O D D R KIOWA CREEKD R W ILLOW SP R INGS WAY C ROSS C R EEK D R CAN O P Y CT C OPPERVEI N ST W H ITE WI L L O -1- ORDINANCE NO. 030, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE MAIL CREEK CROSSING SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-007 stating the intent of the City to annex and initiating annexation proceedings for the Mail Creek Crossing Second Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 8, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR S00°00'47"E, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE WILLOW SPRfNGS ANNEXATION TO THE CITY OF FORT COLLINS (ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5), N00°12'29"W, A DISTANCE OF 1,308.79 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 696.69 FEET TO THE NORTHWEST CORNER OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST LINES OF THORLAND ANNEXATION NO. 1 AND 4.3 Packet Pg. 38 Attachment: Ordinance No. 030, 2017 (5360 : SR 030 Mail Creek Crossing Second Annexation) -2- THORLAND ANNEXATION NO. 2, S00°13'11 "E, A DISTANCE OF 1,334.56 FEET TO THE SOUTHWEST CORNER OF SAID THORLAND ANNEXATION NO. 2; THENCE ALONG THE SOUTH LINES THORLAND ANNEXATION NO. 2 AND KECHTER ANNEXATION NO. 3, N89°29'46"E, A DISTANCE OF 291.72 FEET; THENCE ALONG THE WEST LINES OF KECHTER ANNEXATION NO. 3 AND THE KECHTER CROSSING ANNEXATION, S00°02'21"E, A DISTANCE OF 1,280.47 FEET TO A POINT ON THE NORTH LINE OF THE MAIL CREEK CROSSING ANNEXATION; THENCE ALONG SAID NORTH LINE, S89°38'35"W, A DISTANCE OF 501.01 FEET TO THE SOUTHEAST CORNER OF THE LIEBL ANNEXATION; THENCE ALONG THE EAST AND NORTH BOUNDARIES OF SAID LIEBL ANNEXATION THE FOLLOWING EIGHT (8) COURSES: 1) N00°00'47"W, A DISTANCE OF 240.81 FEET; 2) S89°40'43"W, A DISTANCE OF 242.34 FEET; 3) 104.72 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 150°00'00", AND A CHORD WHICH BEARS N75°19'17"W A DISTANCE OF 77.27 FEET; 4) S89°40'43"W, A DISTANCE OF 121.25 FEET; 5) N00°00'47"W, A DISTANCE OF 185.16 FEET; 6) S89°40'43"W, A DISTANCE OF 20.00 FEET; 7) S00°00'47"E, A DISTANCE OF 278.90 FEET; 8) S89°40'43"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE WILLOW SPRINGS ANNEXATION TO THE CITY OF FORT COLLINS (ALSO BEING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8); THENCE ALONG THE EAST LINE OF SAID WILLOW SPRINGS ANNEXATION, N00°00'47"W, A DISTANCE OF 1,140.57 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL OF THAT TRACT OF LAND DESCRIBED IN THE KINGDOM HALL ANNEXATION TO THE CITY OF FORT COLLINS; ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE S45°21'22"E, A DISTANCE OF 42.32 FEET TO THE POINT OF BEGINNING; THENCE N00°12'29"W, A DISTANCE OF 530.00 FEET; THENCE N89°29'46"E, A DISTANCE OF 318.48 FEET; THENCE S00°10'32"E, A DISTANCE OF 530.00 FEET; THENCE S89°29'46"W, A DISTANCE OF 318.18 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,903,475 SQUARE FEET (43.698 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 Mail Creek Crossing Second Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. 4.3 Packet Pg. 39 Attachment: Ordinance No. 030, 2017 (5360 : SR 030 Mail Creek Crossing Second Annexation) -3- Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.3 Packet Pg. 40 Attachment: Ordinance No. 030, 2017 (5360 : SR 030 Mail Creek Crossing Second Annexation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 031, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on February 21, 2017, zones 43.698 acre, 11-parcel enclave into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the east edge of South Timberline Road and are bisected by Kechter Road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 031, 2017 (PDF) 5 Packet Pg. 41 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 031, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone 43.698 acre, 11-parcel enclave into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the east edge of South Timberline Road and are bisected by Kechter Road. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is Urban Estate (UE), which is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: Direction one District Existing Land Use North Low Density Residential (RL) Single-Family Residential South Urban Estate (UE), Low Density Mixed-Use Neighborhood (LMN) Single-Family Residential East Urban Estate (UE), Low Density Mixed-Use Neighborhood (LMN) Single Family Residential West Low Density Residential (RL), Low Density Mixed- Use Neighborhood (LMN) Agriculture, Single Family Residential Fossil Creek Reservoir Plan The parcels are located within the Fossil Creek Reservoir Area Plan, a joint plan between the City of Fort Collins and Larimer County and adopted in 1998. The planning area covers 5,062 acres of the southeast region of Fort Collins within the GMA. The objectives of the Plan are to: ATTACHMENT 1 5.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5362 : SR 031 Mail Creek Crossing Second Zoning) Agenda Item 12 Item # 12 Page 2 1. Build a self-supporting group of neighborhoods with a full complement of parks, schools and community facilities linked by open space systems and consistent with the County’s Master Plan and Fort Collins’ City Plan, Principles and Policies. 2. Provide for protection of sensitive wildlife habitat around the Reservoir as well as provide standards for such habitat conservation. 3. Provide neighborhood centers as a focal point for neighborhood activity. Provide a Neighborhood Commercial Center to serve surrounding neighborhoods including a grocery store or supermarket and other neighborhood oriented retail services. 4. Link the area to other districts and neighborhoods, encourage walking and bicycling, and accommodate transit service to the Neighborhood Commercial Center and other neighborhood centers. 5. Complement, but not compete with, development in the Harmony Corridor. 6. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan. 7. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. Zoning The proposed zoning for the subject annexation is Urban Estate (UE). The district allows for a limited number of uses when compared to the adjacent Low Density Mixed-Use Neighborhood district. Uses permitted in the UE district are intended to be low-density and large-lot housing that acknowledge the existing subdivisions which have been already been developed. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on February 16, 2017. The Board’s recommendation will be provided to Council in the Read-Before packet on February 21, 2017. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on November 15, 2016, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from being annexed into the City. Representatives from Planning and Light and Power were present to explain any potential difference in electrical rates, services, zoning and future public improvements. ATTACHMENTS 1. Zoning Map (PDF) 5.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5362 : SR 031 Mail Creek Crossing Second Zoning) -1- ORDINANCE NO. 031, 2017 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 MAIL CREEK CROSSING SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP 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 Mail Creek Crossing Second Annexation property as described below 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 applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 8, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR 5.2 Packet Pg. 44 Attachment: Ordinance No. 031, 2017 (5362 : SR 031 Mail Creek Crossing Second Zoning) -2- S00°00'47"E, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE WILLOW SPRfNGS ANNEXATION TO THE CITY OF FORT COLLINS (ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5), N00°12'29"W, A DISTANCE OF 1,308.79 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 696.69 FEET TO THE NORTHWEST CORNER OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST LINES OF THORLAND ANNEXATION NO. 1 AND THORLAND ANNEXATION NO. 2, S00°13'11 "E, A DISTANCE OF 1,334.56 FEET TO THE SOUTHWEST CORNER OF SAID THORLAND ANNEXATION NO. 2; THENCE ALONG THE SOUTH LINES THORLAND ANNEXATION NO. 2 AND KECHTER ANNEXATION NO. 3, N89°29'46"E, A DISTANCE OF 291.72 FEET; THENCE ALONG THE WEST LINES OF KECHTER ANNEXATION NO. 3 AND THE KECHTER CROSSING ANNEXATION, S00°02'21"E, A DISTANCE OF 1,280.47 FEET TO A POINT ON THE NORTH LINE OF THE MAIL CREEK CROSSING ANNEXATION; THENCE ALONG SAID NORTH LINE, S89°38'35"W, A DISTANCE OF 501.01 FEET TO THE SOUTHEAST CORNER OF THE LIEBL ANNEXATION; THENCE ALONG THE EAST AND NORTH BOUNDARIES OF SAID LIEBL ANNEXATION THE FOLLOWING EIGHT (8) COURSES: 1) N00°00'47"W, A DISTANCE OF 240.81 FEET; 2) S89°40'43"W, A DISTANCE OF 242.34 FEET; 3) 104.72 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 150°00'00", AND A CHORD WHICH BEARS N75°19'17"W A DISTANCE OF 77.27 FEET; 4) S89°40'43"W, A DISTANCE OF 121.25 FEET; 5) N00°00'47"W, A DISTANCE OF 185.16 FEET; 6) S89°40'43"W, A DISTANCE OF 20.00 FEET; 7) S00°00'47"E, A DISTANCE OF 278.90 FEET; 8) S89°40'43"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE WILLOW SPRINGS ANNEXATION TO THE CITY OF FORT COLLINS (ALSO BEING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8); THENCE ALONG THE EAST LINE OF SAID WILLOW SPRINGS ANNEXATION, N00°00'47"W, A DISTANCE OF 1,140.57 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL OF THAT TRACT OF LAND DESCRIBED IN THE KINGDOM HALL ANNEXATION TO THE CITY OF FORT COLLINS; ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE S45°21'22"E, A DISTANCE OF 42.32 FEET TO THE POINT OF BEGINNING; THENCE N00°12'29"W, A DISTANCE OF 530.00 FEET; THENCE N89°29'46"E, A DISTANCE OF 318.48 FEET; THENCE S00°10'32"E, A DISTANCE OF 530.00 FEET; THENCE S89°29'46"W, A DISTANCE OF 318.18 FEET TO THE POINT OF BEGINNING. 5.2 Packet Pg. 45 Attachment: Ordinance No. 031, 2017 (5362 : SR 031 Mail Creek Crossing Second Zoning) -3- CONTAINING A TOTAL OF 1,903,475 SQUARE FEET (43.698 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 known as the Mail Creek Crossing Second Annexation and described herein is 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 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 46 Attachment: Ordinance No. 031, 2017 (5362 : SR 031 Mail Creek Crossing Second Zoning) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT Second Reading of Ordnance No. 032, 2017, Annexing Property Known as the Lehman-Timberline Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, annexes 5.684 acres, located at 5830 South Timberline Road, between Mail Creek Ditch and Bacon Elementary School. The initiating resolution was adopted on January 17, 2017. A related item to zone the proposed annexation 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, February 21, 2017 (w/o attachments) (PDF) 2. Vicinity Map (PDF) 3. Ordinance No. 032, 2017 (PDF) 6 Packet Pg. 47 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT First Reading of Ordnance No. 032, 2017, Annexing Property Known as the Lehman-Timberline Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex 5.684 acres, parcel located at 5830 South Timberline Road, between Mail Creek Ditch and Bacon Elementary School. The initiating resolution was adopted on January 17, 2017. A related item to zone the proposed annexation 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. BACKGROUND / DISCUSSION Enclave The Lehman-Timberline property is a City-owned, single parcel annexation that was enclaved upon the annexation of the Mail Creek Crossing Annexation on January 17, 2014. As of January 17, 2017, the property met the requirements of CRS 31-12-106 to be annexed as an enclave. The surrounding incorporated land consists of three previous annexations. 1. Hansen Farm Annexation, 2013 2. Liebl Annexation, 2004 3. Poudre School District and Timbers P.U.D. Annexation, 2002 Due to its location, staff recommends placement into the Residential Neighborhood Sign District. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. ATTACHMENT 1 6.1 Packet Pg. 48 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5363 : SR 032 Lehman-Timberline Annexation) Agenda Item 13 Item # 13 Page 2 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on February 16, 2017. The Board’s recommendation will be provided to Council in the Read-Before packet on February 21, 2017. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on November 15, 2016, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from being annexed into the City. Representatives from Planning and Light and Power were present to explain any potential difference in electrical rates, services, zoning and future public improvements. Attachment 4 is a summary of the questions and answers provided to residents who attended the meeting. ATTACHMENTS 1. Vicinity map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Neighborhood Meeting Notes (PDF) 6.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5363 : SR 032 Lehman-Timberline Annexation) SP R U C E C RE E K D R SANDBAR CT P A C IFIC CT W EEPING WAY DOLAN CT CARMIC H A EL S T COASTAL CT R E D WIL L O W CT OLD FARM LN TILDE N S T REGAL RD WHITE WILLOW DR N IM M IE D R DOLAN ST KADE N W O O D D -1- ORDINANCE NO. 032, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE LEHMAN-TIMBERLINE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-006 stating the intent of the City to annex and initiating annexation proceedings for the Lehman-Timberline Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING LOT 1 AND THE EAST 20 FEET OF THE DEDICATED RIGHT OF WAY AS SHOWN ON THE PLAT OF THE LEHMAN-TIMBERLINE MINOR LAND DIVISION; ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR N00°00'47"W, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3- 1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, N00°00'47"W, A DISTANCE OF 771.58 FEET; THENCE N89°43'26"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF THE HANSEN FARM ANNEXATION TO THE CITY OF FORT COLLINS, N00°00'47"W, A DISTANCE OF 535.89 FEET TO A POINT ON THE SOUTH LINE OF THE LIEBL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°38'33"E, A DISTANCE OF 174.81 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF THE MAIL CREEK CROSSING ANNEXATION TO THE CITY OF FORT COLLINS; 6.3 Packet Pg. 51 Attachment: Ordinance No. 032, 2017 (5363 : SR 032 Lehman-Timberline Annexation) -2- THENCE ALONG SAID SOUTHWESTERLY BOUNDARY, THE FOLLOWING TEN (10) COURSES: 1. S45°24'45"E, A DISTANCE OF 62.50 FEET; 2. S36°47'24"E, A DISTANCE OF 104.00 FEET; 3. 42°23'13"E, A DISTANCE OF 223.00 FEET; 4. S63°30'42"E, A DISTANCE OF 82.00 FEET; 5. S56°16'37"E, A DISTANCE OF 80.00 FEET; 6. S57°29'07"E, A DISTANCE OF 104.00 FEET; 7. S67°14'33"E, A DISTANCE OF 70.00 FEET; 8. S70°55'03"E, A DISTANCE OF 143.00 FEET; 9. S48°02'50"E, A DISTANCE OF 34.00 FEET; 10. S41°57'10"W, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF THE POUDRE SCHOOL DISTRICT & TIMBERS P.U.D. ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, S89°43'26"W, A DISTANCE OF 877.74 FEET TO THE POINT OF BEGINNING. CONTAINING 247,593 SQUARE FEET (5.684 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 Lehman-Timberline Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.3 Packet Pg. 52 Attachment: Ordinance No. 032, 2017 (5363 : SR 032 Lehman-Timberline Annexation) -3- Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.3 Packet Pg. 53 Attachment: Ordinance No. 032, 2017 (5363 : SR 032 Lehman-Timberline Annexation) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 033, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lehman-Timberline Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on February 21, 2017, zones the Lehman-Timberline annexation into the Low Density Mixed-Use Neighborhood (LMN), zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 033, 2017 (PDF) 7 Packet Pg. 54 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 033, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lehman-Timberline Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to place the property included in the Lehman-Timberline annexation into the Low Density Mixed-Use Neighborhood (LMN), zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Proposed Zoning The requested zoning for the subject annexation is 5.684 acres of Low Density Mixed-Use Neighborhood (LMN), which conforms to the City’s Structure Plan and Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: Zoning Use North Urban Estate (UE) Single-Family Residential East Low Density Mixed-Use Neighborhood (LMN) Elementary School, Residential Condominium South Low Density Mixed-Use Neighborhood (LMN) Single Family Residential West Medium Density Mixed-Use Neighborhood (MMN) Agriculture, Single Family Residential Fossil Creek Reservoir Area Plan The parcel is located within the Fossil Creek Reservoir Area Plan, a joint plan between the City of Fort Collins and Larimer County and adopted in 1998. The planning area covers 5,062 acres of the southeast region of ATTACHMENT 1 7.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5364 : SR 033 Lehman Timberline Zoning) Agenda Item 14 Item # 14 Page 2 Fort Collins within the GMA. The objectives of the Plan are to: 1. Build a self-supporting group of neighborhoods with a full complement of parks, schools and community facilities linked by open space systems and consistent with the County’s Master Plan and Fort Collins’ City Plan, Principles and Policies. 2. Provide for protection of sensitive wildlife habitat around the Reservoir as well as provide standards for such habitat conservation. 3. Provide neighborhood centers as a focal point for neighborhood activity. Provide a Neighborhood Commercial Center to serve surrounding neighborhoods including a grocery store or supermarket and other neighborhood oriented retail services. 4. Link the area to other districts and neighborhoods, encourage walking and bicycling, and accommodate transit service to the Neighborhood Commercial Center and other neighborhood centers. 5. Complement, but not compete with, development in the Harmony Corridor. 6. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan. 7. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. Zoning The proposed zoning for the subject annexation is Low Density Mixed-Use Neighborhood (LMN). This district is intended to be a setting for development with a wide range of community uses subject to Basic Development Review (BDR), Administrative review, or Planning and Zoning Board review. The zone district accommodates a wide range of housing types. The existing use of the site is single-family detached residential which is managed by the City of Fort Collins. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on February 16, 2017. The Board’s recommendation will be provided to Council in the Read Before packet on February 21, 2017. PUBLIC OUTREACH An outreach process is not required by the Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on November 15, 2016, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from being annexed into the City. Representatives from Planning and Light and Power were present to explain any potential difference in electrical rates, services, zoning and various issues related to future public improvements associated with land development. ATTACHMENTS 1. Zoning Map (PDF) 7.1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5364 : SR 033 Lehman Timberline Zoning) -1- ORDINANCE NO. 033, 2017 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 LEHMAN-TIMBERLINE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP 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 Lehman- Timberline Annexation property as described below 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 applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Lehman-Timberline Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING LOT 1 AND THE EAST 20 FEET OF THE DEDICATED RIGHT OF WAY AS SHOWN ON THE PLAT OF THE LEHMAN-TIMBERLINE MINOR LAND DIVISION; ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR N00°00'47"W, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3- 7.2 Packet Pg. 57 Attachment: Ordinance No. 033, 2017 (5364 : SR 033 Lehman Timberline Zoning) -2- 1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, N00°00'47"W, A DISTANCE OF 771.58 FEET; THENCE N89°43'26"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF THE HANSEN FARM ANNEXATION TO THE CITY OF FORT COLLINS, N00°00'47"W, A DISTANCE OF 535.89 FEET TO A POINT ON THE SOUTH LINE OF THE LIEBL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°38'33"E, A DISTANCE OF 174.81 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF THE MAIL CREEK CROSSING ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY, THE FOLLOWING TEN (10) COURSES: 1. S45°24'45"E, A DISTANCE OF 62.50 FEET; 2. S36°47'24"E, A DISTANCE OF 104.00 FEET; 3. 42°23'13"E, A DISTANCE OF 223.00 FEET; 4. S63°30'42"E, A DISTANCE OF 82.00 FEET; 5. S56°16'37"E, A DISTANCE OF 80.00 FEET; 6. S57°29'07"E, A DISTANCE OF 104.00 FEET; 7. S67°14'33"E, A DISTANCE OF 70.00 FEET; 8. S70°55'03"E, A DISTANCE OF 143.00 FEET; 9. S48°02'50"E, A DISTANCE OF 34.00 FEET; 10. S41°57'10"W, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF THE POUDRE SCHOOL DISTRICT & TIMBERS P.U.D. ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, S89°43'26"W, A DISTANCE OF 877.74 FEET TO THE POINT OF BEGINNING. CONTAINING 247,593 SQUARE FEET (5.684 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 known as the Lehman-Timberline Annexation and described herein is 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. 7.2 Packet Pg. 58 Attachment: Ordinance No. 033, 2017 (5364 : SR 033 Lehman Timberline Zoning) -3- Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.2 Packet Pg. 59 Attachment: Ordinance No. 033, 2017 (5364 : SR 033 Lehman Timberline Zoning) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Matt Robenalt, Executive Director Todd Dangerfield, Project Manager SUBJECT Second Reading of Ordinance No. 034, 2017, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, amends the boundaries of the Fort Collins Downtown Development Authority (DDA) and amends the DDA’s Plan of Development to include the property at 221 East Oak Street and adjacent rights-of-way (ROW) on East Oak Street and Mathews Street. The property is a commercially zoned vacant lot at the southwest corner of East Oak Street and Mathews Street. The ROW is being added as a housekeeping step to more efficiently describe the overall DDA boundary. There is no impact to the City from the inclusion of this ROW. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. DDA map (PDF) 3. Ordinance No. 034, 2017 (PDF) 8 Packet Pg. 60 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Matt Robenalt, Executive Director Todd Dangerfield, Project Manager SUBJECT First Reading of Ordinance No. 034, 2017, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. EXECUTIVE SUMMARY The purpose of this item is to request an expansion of the boundaries of the Fort Collins Downtown Development Authority (DDA) and amend the DDA’s Plan of Development to include the property at 221 East Oak Street and adjacent rights-of-way (ROW) on East Oak Street and Mathews Street. The property is a commercially zoned vacant lot at the southwest corner of East Oak Street and Mathews Street. The ROW is being added as a housekeeping step to more efficiently describe the overall DDA boundary. There is no impact to the City from the inclusion of this ROW. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Currently the DDA boundary includes several properties on the northern half of this block of East Oak Street, as well as one private property on the 200 block of Mathews Street (215 Mathews), and the Library Park parcel on the eastern side. The 221 East Oak Street parcel is commercially zoned and eligible for inclusion according to state statute and DDA policy. The parcel is located at the southwest corner of East Oak and Mathews Streets adjacent to the DDA boundary on both the north and east sides. The location is less than a block from two recent DDA project investments located at 148 Remington (Poudre Garage) and 215 Mathews Street. Along with the private parcel, inclusion of the remaining ROW on East Oak Street through the intersection of East Oak and Mathews Streets as well as the Mathews Street ROW south to the Olive Street intersection will be added to the DDA boundary. The ROW is being added as a housekeeping step to more efficiently describe the overall DDA boundary. There is no impact to the City from the inclusion of this ROW. The DDA has received a formal petition (Attachment 3) from property owners Robert Davis and Laurie Davis (“Petitioners”) seeking inclusion of their property at 221 East Oak Street (to also include adjacent right-of-way on East Oak Street and Mathews Street). The Petitioners voluntarily submitted a Petition for Inclusion of Properties (Petition Exhibit A) requesting that land be placed in the DDA district boundary. The criteria for inclusion of additional property into the DDA boundary area pursuant to CRS Section 31-25-822 have been reviewed by DDA legal counsel and adjacency to the existing DDA boundary and evidence of ownership of the property have been documented. In 2009, the DDA Board established a policy to guide requests for future inclusions of property into the district. A thorough examination of land adjacent to the DDA boundary was evaluated for compatibility with the DDA’s mission and vision, and the property associated with the Petitioners’ request is considered acceptable because ATTACHMENT 1 8.1 Packet Pg. 61 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5365 : SR 034 DDA Boundaries) Agenda Item 15 Item # 15 Page 2 of the redevelopment and infill potential and underlying neighborhood conservation buffer (NCB) zoning. The property is in a transitional area between residential neighborhoods and more intensive commercial use. This location is zoned to allow residential, civic/institutional and commercial/retail uses. There are public benefits associated with the proposed inclusion of this property. Inclusion will enable a future DDA investment in both private building façade enhancements and public improvements in the ROW. This inclusion of property resulting in a boundary line adjustment will effectively amend the DDA’s Plan of Development. CITY FINANCIAL IMPACTS There is no negative or positive fiscal impact to the City resulting from specific action to include this property and right-of-way into the DDA boundary. The Petition submitted by Robert and Laurie Davis is a voluntary request, and these Petitioners understand that upon inclusion into the DDA boundary of the Petitioners’ property will be subject to an increase of 5 mils to the current area mil rate of 96.215 mils, for a total of 101.215 mils. The annual net fiscal impact to the DDA is positive from the inclusion of this parcel and is estimated to result in approximately $334.00 in new operating revenue based on the current value of the property. This net fiscal impact estimate does not include future tax increment revenues that could be realized when the property redevelops. The effective date of the tax liability increase resulting from the DDA mil levy will be Tax Year 2017 payable in 2018. BOARD / COMMISSION RECOMMENDATION On February 9, 2017, the DDA Board of Directors voted unanimously to recommend City Council inclusion of the property, as requested by the Petitioners, which is located at 221 East Oak Street and adjacent right-of- way on East Oak Street and Mathews Street into the DDA boundary area. PUBLIC OUTREACH While no outreach was required or conducted for this item specifically, a DDA Board of Directors meeting was publically advertised prior to and conducted on February 9, 2017, where the Board of Directors adopted a resolution recommending the Council amend the Plan of Development boundary area in accordance with DDA statute. ATTACHMENTS 1. Boundary Map with proposed expansion (PDF) 2. Proposed 221 East Oak Street inclusion map (PDF) 3. DDA Resolution 2017-01, with petition (PDF) 8.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5365 : SR 034 DDA Boundaries) Cajet a n St Isotope Dr In t er n ational B lvd W Plum St N Whitcomb St P ascal St Mathews St E Laurel St Coulter St 12th St Sycamore St Cherry St Clark S t Osian d er St Lopez Ct Lupine Dr Blondel St Blue Spruce Dr Locust St Old Main Dr Muddler Ct E Myrtle St Matuka Ct Sugarpine S t E Plum St Endicott St E Elizabeth St 10th St Mo n terey Dr Kenroy Ct A s pen H e ights W ay Trujillo St Renegade Ct Gold D -1- ORDINANCE NO. 034, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPANDING THE BOUNDARIES OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY WHEREAS, on April 21, 1981, City Council adopted Ordinance No. 046, 1981, creating the Fort Collins, Colorado Downtown Development Authority (the “Authority”) and establishing the boundaries of the Authority; and WHEREAS, on September 8, 1981, by Resolution 1981-129, the City Council approved the Authority’s plan of development (the “Plan of Development”), which also describes the boundaries of the Authority; and WHEREAS, pursuant to Section 31-25-822, Colorado Revised Statutes (“C.R.S.”), subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority, pursuant to a petition signed by the owner or owners in fee of each parcel of land sought to the included; and WHEREAS, if the Board of Directors of the Authority (the “Board”) approves said application, the Board is to then submit the application to the City Council and, if the City Council also approves the application, it is to amend the ordinance creating the Authority so as to include the additional property as described in the petition; and WHEREAS, the City Council has, on sixteen previous occasions, amended Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002, 1982; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000; Ordinance No. 038, 2004; Ordinance No. 067, 2004; Ordinance No. 099, 2005; Ordinance No. 035, 2008; Ordinance No. 067, 2008; Ordinance No. 080, 2009; Ordinance No. 022, 2010; Ordinance No. 045, 2013; Ordinance No. 049, 2013; Ordinance No. 104, 2013; and Ordinance No. 123, 2013 (collectively, the “Amending Ordinances”); and WHEREAS, the Board has received a petition for the inclusion of a parcel of property into the boundaries of the Authority from the fee owners thereof; WHEREAS, the legal description of the property, which is the subject of the petition for inclusion, (the “Property”) and the names of fee owners of the Property are set forth on Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the addition of the Property and the addition of portions of East Oak Street and Mathews Street right-of-way as depicted on Exhibit “B” attached hereto and incorporated herein by reference (the “Proposed Inclusion Area”) into the Authority boundaries would further the objectives and purposes of the Authority as contained in the Plan of Development and has, by Resolution 2017-01, recommended approval of the inclusion of such property by the City Council. 8.3 Packet Pg. 64 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -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. The Council hereby further finds and determines that the new boundaries of the Authority, as legally described in Section 3 below, constitute the “downtown” of the City of Fort Collins, being a part of the City’s “central business district,” as these terms are defined in Section 31-25-802, C.R.S. Section 2. That the City Council hereby approves the inclusion of the Proposed Inclusion Area, including the following described Property, into the boundaries of the Authority and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: The East 92.16 Feet of Lot 8, Block 132, City of Fort Collins, County of Larimer, State of Colorado. Also described in the records of the Assessor of Larimer County, Colorado as a portion of Parcel No. 97123-20-020. Section 3. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) be, and hereby is, further amended by deleting the legal description contained therein, which description establishes the boundaries of the Authority, and by substituting the following therefor: BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE OF SOUTH MASON STREET, TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 60 FEET OF LOT 13, BLOCK 116; THENCE EASTERLY TO THE SOUTHWEST CORNER OF THE NORTH 60 FEET OF SAID LOT 13; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF MASON STREET, 10 FEET; THENCE EASTERLY PARALLEL WITH LAUREL STREET, 50.0 FEET; THENCE SOUTHERLY PARALLEL WITH MASON STREET, 140.0 FEET TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET; THENCE EASTERLY ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN THE SAID BLOCK 116; THENCE NORTHERLY ALONG THE SAID RIGHT OF WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE 60.00 FEET; THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN BLOCK 116; THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK 116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS 8.3 Packet Pg. 65 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -3- WESTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST LINE OF THE WEST 60 FEET OF LOT 6 BLOCK 106; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 90 FEET OF THE SAID LOT 5 BLOCK 106; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116 HARRISON’S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN BLOCK 116; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK 116; THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH BLOCK 115 HARRISON’S ADDITION, TO THE CENTER 0F MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT OF WAY OF MASON STREET; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 1, BLOCK 105, HARRISON’S ADDITION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID LOT 1; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 1, AND ITS EXTENSION, AND ALONG THE WEST LINE OF LOT 3, BLOCK 105 HARRISON’S ADDITION AND ITS EXTENSION TO THE CENTER LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK 96 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96 HARRISON’S ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY; THENCE 8.3 Packet Pg. 66 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -4- NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING S8958'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S0007'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N8818'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, N0116'55"W 208.11 FEET, AND AGAIN S8523'42"W 65.98 FEET, AND AGAIN N5534'00"W 253.90 FEET, AND AGAIN N1851'00"E 34.17 FEET, AND AGAIN N7333'44"E 105.85 FEET, AND AGAIN N1250'18"E 71.56 FEET, AND AGAIN N1020'00"W 42.66 FEET, AND AGAIN N4150'00"W 84.01 FEET, AND AGAIN N5115'00"W 193.28 FEET, AND AGAIN N6726'23"W 74.87 FEET; THENCE N1850'30"E 108.60 FEET; THENCE N8959'13"E 1484.20 FEET TO A POINT ON THE WEST LINE OF 8.3 Packet Pg. 67 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -5- ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S0000'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N8647'41"E 140.22 FEET, AND AGAIN N8004'26"E 40.61 FEET, AND AGAIN N8742'34"E 125.10 FEET, AND AGAIN N7002'35"E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT- OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S6739'55"E 180.15 FEET, AND AGAIN S0001'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N8818'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, S0001'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S8818'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING; THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S0001'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO. 20080043084 LARIMER COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION, TO THE NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1; THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY TO THE SOUTHEAST CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID 8.3 Packet Pg. 68 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -6- WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES OO SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET, AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 94091198; THENCE (CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 AS BEARING NORTH 89°29'04" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO) ALONG THE WEST AND SOUTHERLY LINES OF SAID RECEPTION NO. 94091198 THE FOLLOWING 3 COURSES AND DISTANCES: 1) SOUTH 10° 44' 56" WEST, 314.08 FEET; 2) SOUTH 71° 25' 09" EAST, 198.03 FEET; 3) NORTH 87° 59' 46" EAST, 138.53 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 25° 27' 37", A RADIUS OF 930.93 FEET, AN ARC LENGTH OF 413.68 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 56' 48" 8.3 Packet Pg. 69 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -7- EAST, 410.28 FEET; 2) SOUTH 01° 47' 03" WEST, 1519.07 FEET TO A POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20050097395; 3) ALONG THE WEST LINE OF SAID TRACT, SOUTH 05° 25' 37" WEST, 59.94 FEET; 4) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 02° 03' 31" WEST, 64.95 FEET; 5) CONTINUING ALONG THE WEST LINE OF SAID TRACT, ALONG A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 17° 18' 36", A RADIUS OF 299.50 FEET, AN ARC LENGTH OF 90.48 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 42' 48" WEST, 90.14 FEET; 6) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 19° 22' 04" WEST, 13.69 FEET TO THE NORTH LINE OF EAST MULBERRY STREET; THENCE ALONG SAID NORTH LINE THE FOLLOWING 2 COURSES AND DISTANCES: 1) NORTH 89° 47' 09" WEST, 205.09 FEET; 2) NORTH 89° 38' 44" WEST, 127.10 FEET TO THE SOUTHEAST CORNER OF LOT 2, SPRINGER THIRD SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2 THE FOLLOWING 4 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 30° 50' 23", A RADIUS OF 1013.60 FEET, AN ARC LENGTH OF 545.58 FEET, AND THE CHORD OF WHICH BEARS NORTH 19° 18' 37" WEST, 539.01 FEET; 2) ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 04° 42' 22", A RADIUS OF 487.50 FEET, AN ARC LENGTH OF 40.04 FEET, AND THE CHORD OF WHICH BEARS NORTH 32° 23' 02" WEST, 40.03 FEET; 3) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 13° 56' 38", A RADIUS OF 512.50 FEET, AN ARC LENGTH OF 124.73 FEET, AND THE CHORD OF WHICH BEARS NORTH 36° 59' 47" WEST, 124.42 FEET; 4) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 00° 36' 28", A RADIUS OF 1023.60 FEET, AN ARC LENGTH OF 10.86 FEET, AND THE CHORD OF WHICH BEARS NORTH 44° 16' 20" WEST, 10.86 FEET TO THE NORTH CORNER OF SAID LOT 2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SOUTH 22° 29' 42" WEST, 24.98 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318; THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 2 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 14° 52' 11", A RADIUS OF 998.60 FEET, AN ARC LENGTH OF 259.16 FEET, AND THE CHORD OF WHICH BEARS NORTH 51° 43' 42" WEST, 258.43 FEET; 2) NORTH 59° 09' 48" WEST, 276.50 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318; THENCE ALONG THE WEST LINE OF SAID TRACT OF LAND, SOUTH 00° 20' 12" WEST, 239.20 FEET TO A POINT ON THE NORTH LINE OF THE WASTEWATER TREATMENT PLANT NO.1 SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING 4 COURSES AND DISTANCES: 1) NORTH 53° 16' 04" WEST, 5.70 FEET; 2) NORTH 79° 09' 04" WEST, 251.50 FEET; 3) NORTH 88° 17' 04" WEST, 452.30 FEET; 4) SOUTH 41° 12' 56" WEST, 89.29 FEET; THENCE, NORTH 79° 27' 04" WEST, 590.41 FEET; THENCE, NORTH 09° 34' 10" EAST, 985.84 FEET TO THE SOUTHEAST CORNER OF BALDWIN MINOR SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID BALDWIN MINOR SUBDIVISION, NORTH 09° 34' 10" EAST, 773.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF THE SAID IN-SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE 8.3 Packet Pg. 70 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -8- OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF- WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, AND ITS SOUTHERLY EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE CENTERLINE OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE OF MATHEWS STREET TO THE POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 10 FEET OF LOT 2, BLOCK 132; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION TO THE SOUTHEAST CORNER OF THE NORTH 10 FEET OF SAID LOT 2 AND THE WEST RIGHT-OF-WAY LINE OF MATHEWS STREET; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE, TO THE SOUTHEAST CORNER OF LOT 8, BLOCK 132; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 8 TO THE SOUTHWEST CORNER OF THE EAST 92.16 FEET OF LOT 8; THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST 92.16 FEET OF SAID LOT 8 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF EAST OAK STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF INTERSECTION WITH THE CENTERLINEOF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD; THENCE EASTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE SOUTH LINE OF THE SAID TRACT TWO OAKPARK PUD; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY T0 A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET; THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143; THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO 8.3 Packet Pg. 71 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) -9- THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. Section 4. That the Plan of Development is hereby amended by the City Council so as to delete the legal description of the boundaries of the Authority, and to substitute therefor the legal description contained in Section 3 of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 8.3 Packet Pg. 72 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) Page 1 of 1 Exhibit “A” Legal Description and Fee Owners of Property To be included in District Legal Description: The East 92.16 Feet of Lot 8, Block 132, City of Fort Collins, County of Larimer, State of Colorado. Also described in the records of the Assessor of Larimer County, Colorado as a portion of Parcel No. 97123-20-020. Fee Owners: Robert Davis and Laurie Davis 8.3 Packet Pg. 73 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) Mathews St Wal n ut St Peterson St E Magnolia St E Olive St E Oak St N College Ave Remington St S College Ave E Mountain Ave ³I Downtown Development Authority Proposed Inclusion Area Parcels Proposed Inclusion DDA Boundary 0100200 Feet Scale 1:2,400 © Printed: February 02, 2017 Amended: September 17, 2013 EXHIBIT B 8.3 Packet Pg. 74 Attachment: Ordinance No. 034, 2017 (5365 : SR 034 DDA Boundaries) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF John Phelan, Energy Services Manager SUBJECT Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in Community Solar Projects. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and “program- managed” community solar projects, and to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-managed community solar project. In addition, this item provides background on the income qualified SAP which will provide participating Fort Collins electric customers with direct bill credits for a one year period. During that time, SAP households will participate in efficiency and conservation installations customized to each household, drawing on resources from Utility Services, Larimer County and the State of Colorado. Program households will also participate in energy saving education and complete efficiency upgrades. Combined, the efficiency and education opportunities will enable program households to permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of qualifying households will benefit from a reduced energy burden as individual participants in the program, and the benefits of additional renewable energy generation will be realized across the residential rate class. The proposed credit rate for SAP and other dedicated program-managed community solar project customers is the same rate as that currently available to customers of subscriber-owned community solar projects, like the Riverside Community Solar project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION During discussion on First Reading, Councilmember Stephens noted that this project only serves a handful of families, and that she would like to reach more families and find other ways to make a difference for those paying a lot for electricity bills. The Solar Affordability Program (SAP) will serve a different set of 20 to 30 Fort Collins electric customers annually. Over the life of the solar system hundreds of qualifying households should benefit from a reduced energy burden as participants in this income-qualified program combining efficiency, conservation and solar benefits, i.e., approximately 100-150 different households over five years, and 200-300 households over 10 years. An essential component of the SAP is to demonstrate that the customers participating are able to consistently reduce their energy use and energy cost burden for an extended period of time. Upon demonstration of this impact, Utilities can look towards expanding and replicating the models for engaging low income customers with both solar and efficiency. Fort Collins Utilities has several other projects in development to continue expansion of services which can reduce energy burdens for income qualified customers: 9 Packet Pg. 75 Agenda Item 9 Item # 9 Page 2  Supporting the installation of over 40 kilowatts of solar in 2017 for CARE Housing and Habitat for Humanity.  Fort Collins Utilities and Platte River Power Authority are formalizing an agreement with Energy Outreach Colorado, a non-profit energy efficiency agency, to provide additional income qualified services for multi- family, single family and non-profit buildings. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Utilities Afffordability Portfolio (PDF) 3. Ordinance No. 035, 2017 (PDF) 9 Packet Pg. 76 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in Community Solar Projects. EXECUTIVE SUMMARY The purpose of this item is to expand the definition of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and “program-managed” community solar projects, and to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-managed community solar project. The SAP will rely on energy generated by the 64 kilowatt photovoltaic system installed at 518 N. Loomis Street (the “Loomis Project”) to serve income qualified customers and be administered according to program objectives established by the Utilities Executive Director pursuant to City Code Sections 26-464(h) and 26-465(h). In addition, this item provides background on the income qualified SAP which will provide participating Fort Collins electric customers with direct bill credits for a one year period. During that time, SAP households will participate in efficiency and conservation installations customized to each household, drawing on resources from Utility Services, Larimer County and the State of Colorado. Program households will also participate in energy saving education and complete efficiency upgrades. Combined, the efficiency and education opportunities will enable program households to permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of qualifying households will benefit from a reduced energy burden as individual participants in the program, and the benefits of additional renewable energy generation will be realized across the residential rate class. The proposed credit rate for SAP and other dedicated program-managed community solar project customers is the same rate as that currently available to customers of subscriber-owned community solar projects, like the Riverside Community Solar project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Solar Affordability Program (SAP) is designed to draw on a City managed community solar array to annually provide 20 to 30 income and heating payment assistance qualified electric utility customers with direct bill reduction for one year. In addition to a financial benefit, SAP households will receive customized efficiency and conservation installations from a range of regional providers. Program households will also participate in energy saving education and complete low or no cost efficiency upgrades. Combined, the efficiency and education opportunities will enable these households to permanently reduce their electric expenses and usage, and over the life of the solar system benefit hundreds of qualifying homes through reduced energy burden and improved conservation behaviors across the City’s distribution system. ATTACHMENT 1 9.1 Packet Pg. 77 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5358 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 2 Solar Project Details The SAP leverages the production of the community solar array located on the City warehouse at 518 N Loomis Ave. (the “Loomis Project”). The Loomis Project was jointly funded through Utility Services (Budget offer 59.2 for 2015-2016), the Colorado Energy Office via a demonstration program managed by GRID Alternatives, and in-kind contributions from GRID Alternatives and community volunteers. The system, designed to support an income-qualified program, deploys approximately 260 solar modules for an estimated total capacity of 64 kilowatts. Staff developed the SAP to manage the distribution of solar energy benefits form the Loomis Project consistent with financial and incentive program objectives approved by the Utilities Executive Director under City Code Sections 26-464(h) and 26-465(h). Project highlights:  Colorado’s first rooftop community solar project dedicated to serving income-qualified residents  First Colorado municipal utility to partner with GRID Alternatives to adopt an income-qualified community solar model.  GRID Alternatives hosted a “Solarthon” event October 21-23, 2016. On Friday the 21st, the Governor, the Director of the Colorado Energy Office, the Mayor, and the Utilities Executive Director spoke to an estimated 170 visitors and volunteers.  Volunteers assembled a substantial portion of the array over the three days of the event. Program Justification The SAP delivers a solar financial benefit to customers, while being simultaneously designed to set income- qualified customers interested in improving efficiency and conservation on an intentional and accessible path to reduced energy use. During customers’ year in the program, they will be engaged in conservation education and efficiency opportunities practical for their respective households. The SAP is strategically aligned with the objectives of the Energy Policy, Road to 2020 Plan and the Affordable Housing Plan. Proposed Code Amendments City Code Sections 26-391, 26-464 and 26-465 were amended in 2014 to apply electric service rates to residential customers participating in the subscriber-owned community solar array located at 500 Riverside Avenue (the “Riverside Project”). The Loomis Project provides customers with a different interest in the solar energy generated by the facility than the interest held by customers at the Riverside Project. In order to distinguish the “subscriber-owned” Riverside Project model from the “program-managed” Loomis Project model, the community solar project definition needs to be expanded and new definitions for “dedicated program-managed facility” and “subscriber-owned facility” are necessary. In addition, the proposed Code amendments refer to the authority of the Utilities Executive Director to adopt financial and incentive program objectives to further City goals, and to clarify the uniform application of community solar project service rates to “dedicated program-managed” and “subscriber-owned” facilities. Satisfying a Utility Purpose under City Charter/Code The SAP is a unique solar program that addresses regulatory and community-interest requirements in several ways:  The City utilized an approved Purchasing Code sole source exception process to contract with GRID Alternatives-- the Colorado Energy Office’s preferred renewable energy system installer. As such, the project was able to take advantage of external funding from the Colorado Energy Office, via GRID Alternatives, conditioned on use of the funding to serve income-qualified customers.  The City owns the Loomis Project solar photovoltaic system, which is connected to the electric distribution grid as a generating asset for all ratepayers.  Leveraging the renewable energy generated through the Loomis Project and SAP allows a greater benefit 9.1 Packet Pg. 78 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5358 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 3 for the City’s distribution system than would be possible by restricting beneficial use of the energy to a “subscriber” group alone. The greater aggregate outcome is accomplished by improving the physical efficiency of SAP participants’ homes while they are in the program, and adjusting their conservation and consumption behaviors beyond the time customers are in the program.  The proposed income qualified SAP harmonizes competing regulatory and community-interest requirements that (1) the Loomis Project be operated to benefit income-qualified customers, under requirements tied to the funding sources; and (2) allocating benefits derived from Utility Service investments to a subset of ratepayers must serve a broader “utility purpose” under the City Charter and Code.  To address item (1) Utilities has developed a customer eligibility process in collaboration with Larimer County’s administration of the Low-Income Energy Assistance Program (LEAP). The LEAP process will provide an annual list of customers who are both income-qualified and are eligible to receive heating bill financial assistance. These customers of electric heating premises served by Utility Services, will be invited to participate in the SAP. Applying customers who are accepted into SAP will receive a credit on their electric bill tied to the Loomis Project energy output. This process has been reviewed and accepted by the Colorado Energy Office and GRID Alternatives.  To address item (2) By applying for and being selected for the SAP, customers commit to completing energy efficiency upgrades and education. The efficiency process will engage the occupant and building owner in programs and services available through Utility Services and other agency energy education classes, Larimer County Conservation Corp Energy and Water Program, Colorado Weatherization Program (administered by Long’s Peak Energy Conservation), Efficiency Works Home, Consumer Products rebates and Energy Outreach Colorado efficiency program (pending agreement). Over the course of the SAP, Utility Services will support each selected household to navigate an optimal path through these offerings. Each household’s custom efficiency plan will include quarterly milestones, and continued receipt of the solar credit will be conditioned on continuous compliance with the program and completion of milestones. SAP customers structured participation in resource conservation education and physical upgrades fulfills a recognized Utility Services purpose to reduce electricity use and peak electrical demands. Utility Services Budget Offer Funding In addition to Colorado Energy Office funding, the Loomis Project was built through funds in the Utility Service budget. The following language describes the 2015/2016 budget offer adopted by Council in November 2014 which provided the Utility Services portion of the project funding:  Establishing a new program offering to install solar PV systems for income-qualified families at no cost ($125,000 annually). These local families can most benefit from the monthly utility cost savings, while at the same time giving job trainees and community volunteers hands-on installation experience. The model is solar program analogous to how Habitat for Humanity provides income-qualified homes. The model has been demonstrated in other states and includes collaborative funding to cover the majority of project costs with the help of local jurisdictions, utility companies, private donors, foundation grants and corporate sponsors. Program Management Plan This section describes the primary steps to move the SAP forward. The program design processes have been mapped out in the following areas: 9.1 Packet Pg. 79 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5358 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 4  Eligibility, selection of customers and amount of benefit - Program Eligibility: LEAP will be used to determine eligibility for both income and heating financial assistance. The SAP will be aligned with the LEAP program cycle which ends April 30th. At the end of the LEAP cycle, Utilities will manage a process to identify and recruit participating households for the following SAP program cycle. - Utilities customers who received LEAP will be notified and given the opportunity to apply. The application will be a simple form where the customer indicates their interest in the program and participation in the education, efficiency and conservation requirements. Agreeing to participate in the education and direct installation engagement program is a prerequisite for eligibility. If Utilities receives more applications than program spots are available, staff will prioritize the applications based upon all available information or conduct a lottery to choose participants among the applicants. - Number of households served and the amount of benefit: The Colorado Energy Office has identified 4% of income as an appropriate threshold for annual energy burden. The bill credit will vary each month based on the electricity output of the solar array and is expected to average $25 per month. The objective is to bring the energy burden for a typical all electric household down to near 4%. At this level, we expect the solar array to benefit approximately 20 households annually.  Administration of solar array production and benefits - The solar array output is metered independently of the building on which it is located. The monthly output of the system will be converted to a dollar value based on the credit rate noted in this ordinance. Utilities billing will apply the credit in equal portions to the list of participating customers on a monthly basis. - The solar system is scheduled to be energized by the end of February, while the Solar Affordability Program will launch in May. The energy produced during this interim period will be tracked and applied to the SAP in the first year. - The proposed virtual net metering credit is the same as that for the Riverside Community Solar Project, comprised of the combination of the Summer Tier 1 rate (currently $0.0634 per kWh) and one half the distribution facilities rate (currently $0.0128 kWh).  Structured efficiency and conservation actions - The SAP includes quarterly milestones for customers to complete to remain eligible for the solar bill credits. These milestones include educational opportunities, no-cost efficiency programs (such as the Larimer County Conservation Corp Energy and Water Program and the Weatherization Assistance Program), and Utility Services efficiency programs. Reporting on Energy Benefits and Savings An essential component of the SAP is to demonstrate participating customers are able to consistently reduce their energy use and energy cost burden for an extended period of time. Staff expects:  The eligibility requirement to engage in structured education, efficiency and conservation actions will result in improvements and behavioral changes to permanently reduce use, and  The solar bill credit will facilitate increased participation in other regional efficiency programs. The SAP administration process is designed to quantitatively address these questions through deep engagement with participating households. Once the first 12 months of participant data is compiled, a quantitative and qualitative evaluation of overall program success will be conducted to understand the following, with the results provided to City Council: 1. What is working and should continue; 2. What could improve; 3. What is not working and should stop. CITY FINANCIAL IMPACTS The financial impact of this Ordinance is related to the differential between the value of avoided wholesale electricity purchases from this Utilities owned asset and the value of the credit applied to customer’s bills. 9.1 Packet Pg. 80 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5358 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 5 Given current wholesale rates and the values of electricity at the time of this Ordinance, this differential is expected to be less than $4,000 on an annual basis. BOARD / COMMISSION RECOMMENDATION At its February 9, 2017 meeting, the Energy Board recommended adoption of the Ordinance by Council. PUBLIC OUTREACH Utilities coordinated with the City Attorney's and Clerk's offices to complete the normal notification processes for out-of-City customers regarding revisions to the rates in City Code. ATTACHMENTS 1. Solarthon Summary City Council Memo, October 2016 (PDF) 2. Grid Alternatives Sole Source Memo, July 2016 (PDF) 3. Energy Board Minutes, February 9, 2017 (draft) (PDF) 9.1 Packet Pg. 81 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5358 : SR 035 Solar Affordability) UTILITIES AFFORDABILITY PORTFOLIO Fort Collins Utilities collaborates at state and local levels to offer the most comprehensive portfolio of affordability programs to customers. Through direct and indirect partnerships, Utilities maximizes funding, outreach and participation for available assistance programs. PAYMENT ASSISTANCE FUND Households with a current past due notice may receive financial assistance once per 12-month cycle. fcgov.com/paf 1-800-HEAT-HELP (1-866-432-8435) MEDICAL ASSISTANCE PROGRAM Qualifying households requiring medically necessary electrical equipment or air conditioning may be eligible to receive an electric utility bill discount. fcgov.com/medical-assistance 970-212-2900, V/TDD 711 UTILITIES REBATE A utilities rebate is available to people who meet the income requirements that are either aged 65 years or older or who are disabled. fcgov.com/rebate 970-416-2304, V/TDD 711 SOLAR AFFORDABILITY PROGRAM Qualifying customers may be entered into a lottery to receive a varying solar electric bill credit for 12 months. fcgov.com/solar-affordability WATER AND ENERGY PROGRAM Free home efficiency assessments are available to help reduce utility costs. larimerworkforce.org 970-498-6600 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) LEAP helps with wintertime heating costs to income qualified households between November 1 and April 30. larimer.org 970-498-7730 WEATHERIZATION PROGRAM Free weatherization improvements are available to qualifying households. bouldercounty.org 720-864-6401 LARIMER HOME IMPROVEMENT PROGRAM (LHIP) LHIP offers low- to no-interest rate loans to income qualified families to repair or improve their homes. lovelandhousing.org 970-667-3232 CRISIS INTERVENTION PROGRAM Emergency home furnace repair is available for qualifying Coloradans. energyoutreach.org -1- ORDINANCE NO. 035, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES AND CHARGES FOR CUSTOMERS PARTICIPATING IN COMMUNITY SOLAR PROJECTS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the Article XII, Section 6, of the City Charter further conditions the use of electric utility net operating revenues to specified utility purposes and other purposes determined by the City Council to be beneficial to electric utility ratepayers; and WHEREAS, on September 2, 2014, City Council adopted Ordinance No. 108, 2014, amending Chapter 26, Article VI of the City Code to apply net metering electric service rates to community solar project customers and to accommodate the subscription-based community solar project located at 500 Riverside Avenue (the “Riverside Project”); and WHEREAS, on November 18, 2014, City Council adopted Ordinance No. 153, 2014, approving the biennial budget for fiscal years 2015-2016, including Budget Offer 59.2 which allocated funding to develop an income qualified community solar project; and WHEREAS, in October 2016, the City became the first Colorado municipality to partner with the Colorado Energy Office to build a municipal-operated community solar project designed to serve income qualified residents (the “Loomis Project”); and WHEREAS, the Loomis Project, located at 518 N. Loomis Avenue, was jointly funded through the City’s 2015-2016 appropriations, the Colorado Energy Office, in-kind contributions from Grid Alternatives, who managed construction, and community volunteers who assembled portions of the solar array on October 21 and 22, 2016; and WHEREAS, the Loomis Project consists of approximately 260 solar modules with an estimated total generation capacity of 64 kilowatts, representing a capacity sufficient to provide electric bill benefits to approximately 15 to 30 households; and WHEREAS, Sections 26-464(h) and 26-465(h) of the City Code authorize the electric utility to establish programs to provide financial or technical assistance and incentives to customers in order to reduce energy consumption or system peak demands, consistent with Council policies and program objectives approved by the Utilities Executive Director; and WHEREAS, the Utilities Executive Director has approved program objectives for a City community solar program targeting reduced energy consumption and peak demands by granting income qualified residential electric service customers beneficial use of energy generated by the Loomis Project, entitled the “Solar Affordability Program”; and 9.3 Packet Pg. 83 Attachment: Ordinance No. 035, 2017 (5358 : SR 035 Solar Affordability) -2- WHEREAS, the Solar Affordability Program delivers income qualified customers bill credits linked to energy generation by the Loomis Project, while simultaneously improving efficiency and conservation behavior by such customers through a required year-long series of conservation education and efficiency improvements tailored to each household, reducing overall electric system consumption and peak demands; and WHEREAS, Utility staff recommends the rates, fees and charges applicable to community solar projects under Chapter 26, Article VI of the City Code be extended to customers in the Solar Affordability Program, as well as other City program-managed community solar projects and qualifying subscriber-owned community solar projects, like the Riverside Project; and WHEREAS, staff has identified portions of Chapter 26, of the City Code which require amendment to accommodate use of net metering rates for the Solar Affordability Program and other program-managed community solar projects; and WHEREAS, extending net metering service rates to income qualified customers through the Solar Affordability Program, and other dedicated program-managed community solar projects, serves a utility purpose of applying new renewable electricity generation to reduce wholesale power purchase needs and increasing ratepayer participation in energy efficiency and conservation actions; and WHEREAS, the proposed net metering service rates for dedicated program-managed community solar project customers, including the Solar Affordability Program, are reasonable, fair and non-discriminatory because they balance receipt by individual ratepayers of the energy values produced by a specific solar array with the system-wide benefits realized across the rate class through the addition of new solar generation; and WHEREAS, the Energy Board considered the proposed electric rates, fees and charges, and language additions for community solar projects at its February 9, 2017 regular meeting and provided its recommendation of approval to City Council; and WHEREAS, the City Manager and staff have recommended to City Council the following electric rate adjustments and City Code rate language additions applicable to community solar projects; and WHEREAS, based on the foregoing, the City Council finds offering net metering service rates to customers participating in dedicated program-managed community solar projects serves a utility purpose beneficial to all residential electric service customers and such rates are reasonable, fair and non-discriminatory in relation to benefits realized across the electric distribution system; and WHEREAS, accordingly, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the electric rates, fees and charges to accommodate such rates. 9.3 Packet Pg. 84 Attachment: Ordinance No. 035, 2017 (5358 : SR 035 Solar Affordability) -3- 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 definitions of “Community solar project,” “Net metering service” and "Qualifying facility" contained in Section 26-391 of the Code of the City of Fort Collins are hereby amended to read as follows: Community solar project shall mean a photovoltaic electric generating installation that meets all of the following criteria: (i) is a qualifying facility; (ii) uses a qualifying renewable technology; (iii) is operated by Fort Collins Utilities or Platte River Power Authority directly or by any party pursuant to an “Interconnection Agreement” and/or “Power Purchase Agreement” with Fort Collins Utilities; (iv) is located within the Platte River Power Authority electric service territory; and (v) all electric power it produces is consumed within such territory. Net metering service shall mean that service available to a customer operating or with beneficial use of a qualifying facility using a qualifying renewable technology that is interconnected to the electric utility so that any electric energy generated by the qualifying facility in excess of that used by the qualifying facility is delivered to the electric utility system and used to offset metered energy received by the customer during the billing period. Qualifying facility shall mean an electric-generating facility operated in parallel with the City of Fort Collins or Platte River Power Authority electric distribution system that has been inspected for compliance with the applicable Interconnection Standards for Generating Facilities, has been issued a "Permit to Operate" by the City or Platte River Power Authority and is operated by Platte River Power Authority or Fort Collins directly or under a valid "Interconnection Agreement" or "Parallel Generation Agreement" executed on behalf of the City of Fort Collins by the Utilities Executive Director. Section 3. That Section 26-391 of the Code of the City of Fort Collins is hereby further amended to add the following new definitions which read in their entirety as follows: Dedicated program-managed facility shall mean a community solar project owned and operated by Fort Collins Utilities or Platte River Power Authority, offering Fort Collins 9.3 Packet Pg. 85 Attachment: Ordinance No. 035, 2017 (5358 : SR 035 Solar Affordability) -4- Utilities electric service customers credit for the value of project-generated electricity, subject to customer compliance with all requirements of an associated City program, including applicable income qualification requirements, approved by the Utilities Executive Director under Sections 26-464(h) or 26-465(h). Subscriber-owned facility" shall mean a community solar project owned and/or operated by Fort Collins Utilities, Platte River Power Authority or a third-party pursuant to an "Interconnection Agreement" and/or "Power Purchase Agreement" with Fort Collins Utilities, offering Fort Collins Utilities electric service customers shared or beneficial ownership of project-generated electricity on a subscription basis. Section 4. That Section 26-464(r) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential service, schedule R. … (r) Net metering-community solar projects. (1) Net metering service rates are also available to a residential customer with physical or beneficial ownership of a subscriber-owned facility or dedicated program-managed facility provided: a. the customer: 1. maintains continuous compliance with all applicable dedicated program-managed facility program conditions and objectives adopted by the Utilities Executive Director under Subsection (h) of this Section; or 2. holds evidence of a subscription or other agreement entitling the customer to ownership or beneficial use of electricity generated by an associated subscriber-owned facility; and b. the generating capacity of the customer's interest in a subscriber- owned facility is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort 9.3 Packet Pg. 86 Attachment: Ordinance No. 035, 2017 (5358 : SR 035 Solar Affordability) -5- Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0128 2. Energy and demand credit Per kWh $0.0634 Section 5. That Section 26-465 (r) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (r) Net metering-community solar projects. (1) Net metering service rates are also available to a residential customer with physical or beneficial ownership of a subscriber-owned facility or dedicated program-managed facility provided: a. the customer: 1. maintains continuous compliance with all applicable dedicated program-managed facility program conditions and objectives adopted by the Utilities Executive Director under Subsection (h) of this Section; or 2. holds evidence of a subscription or other agreement entitling the customer to ownership or beneficial use of electricity generated by an associated subscriber-owned facility; and b. the generating capacity of the customer's interest in a subscriber-owned facility is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. 9.3 Packet Pg. 87 Attachment: Ordinance No. 035, 2017 (5358 : SR 035 Solar Affordability) -6- (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0128 2. Energy and demand credit Per kWh $0.0634 Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 9.3 Packet Pg. 88 Attachment: Ordinance No. 035, 2017 (5358 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Pete Wray, Senior City Planner SUBJECT Second Reading of Ordinance No. 036, 2017, Repealing Ordinance No. 013, 1996, Regarding Adoption of the Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, repeals the 1986 East Side Neighborhood Plan and the 1989 West Side Neighborhood Plan. The Old Town Neighborhoods Plan, adopted on February 21, 2017, represents a combined update of the original East Side and West Side Neighborhood Plans developed in the 1980s. The Old Town Neighborhoods generally encompass the predominantly residential neighborhoods to the west and southeast of Downtown. The Plan provides a renewed vision and policy guidance for the two neighborhoods, and incorporates details on programs, strategies, and actions to support and implement the neighborhood vision. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (PDF) 2. Ordinance No. 036, 2017 (PDF) 10 Packet Pg. 89 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Pete Wray, Senior City Planner SUBJECT Items Relating to the Old Town Neighborhoods Plan. EXECUTIVE SUMMARY A. Resolution 2017-022 Adopting the Old Town Neighborhoods Plan as an Element of the Comprehensive Plan (City Plan), and Repealing the 1986 East Side Neighborhood Plan, and the 1989 West Side Neighborhood Plan. B. Resolution 2017-023 Adopting the Old Town Neighborhoods Design Guidelines, Representing an Implementation Action of the Old Town Neighborhoods Plan. C. First Reading of Ordinance No. 036, 2017, Repealing Ordinance No. 013, 1996, Regarding Adoption of the Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins. The purpose of this item is to adopt the Old Town Neighborhoods Plan (Plan) and the Old Town Neighborhoods Design Guidelines (Guidelines). The Old Town Neighborhoods Plan represents a combined update of the original East Side and West Side Neighborhood Plans developed in the 1980s. The Old Town Neighborhoods generally encompass the predominantly residential neighborhoods to the west and southeast of Downtown. The Plan provides a renewed vision and policy guidance for the two neighborhoods, and incorporates details on programs, strategies, and actions to support and implement the neighborhood vision. Extensive public engagement was conducted over the course of the planning process beginning in 2015. The process involved continuous feedback from residents in the neighborhoods, stakeholder groups, community organizations, and City leadership. The Old Town Neighborhoods Design Guidelines represent a follow-up implementation item from both the 2013 Eastside Westside Character Study, and the Old Town Neighborhoods Plan. The Guidelines provide illustrations, ideas, and guidance on compatible design for historic resources, new construction, and home additions in the Neighborhood Conservation Low Density (NCL) and Neighborhood Conservation Medium Density (NCM) zone districts of the Old Town Neighborhoods. The application of the Design Guidelines is voluntary and advisory, not regulatory. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION I. The Old Town Neighborhoods Plan The Old Town Neighborhoods Plan will become an element of City Plan, and is an important policy road map that provides a clear but flexible framework to guide positive neighborhood enhancements over the next 20 years. The Plan is an update and builds upon the original 1986 East Side Neighborhood Plan and the 1989 West Side Neighborhood Plan, which represented the first sub-area plans implemented by the City. The ATTACHMENT 1 10.1 Packet Pg. 90 Attachment: First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (5366 : SR 036 Old Town Neighborhoods Plan) Agenda Item 20 Item # 20 Page 2 adoption of the Old Town Neighborhoods Plan will repeal and replace the original East Side and West Side Neighborhood Plans. Relationship to City Plan and Other Plans City Plan, last updated in 2011, provides the citywide policy direction for specific neighborhoods, with key policies highlighted below that are pertinent to the Old Town Neighborhoods: Principle LIV 20: Subarea and corridor planning efforts will be developed and updated as needed, tailoring City Plan's citywide perspective to a more focused area of the community, such as individual neighborhoods, districts, corridors and edges." Policy LIV 6.1 - Types of Infill and Redevelopment in Residential Areas: Infill and redevelopment in residential areas may occur through: a. The addition of new dwellings on vacant lots and other undeveloped parcels surrounded by existing residential development b. Dwelling units added to existing houses (e.g., basement or upstairs apartments) c. Small, detached dwellings added to lots of sufficient size with existing houses (e.g., “alley houses or “granny flats”) d. Expansion or redevelopment of properties e. Neighborhood-related, non-residential development Policy LIV 6.2 - Seek Compatibility with Neighborhoods: Encourage design that complements and extends the positive qualities of surrounding development and adjacent buildings. Policy LIV 17.1 - Preserve Historic Buildings: Preserve historically significant buildings, sites and structures throughout Downtown and the community. Ensure that new building design respects the existing historic and architectural character of the surrounding district by using compatible building materials, colors, scale, mass, and design detailing of structures. Principle LIV 26: Neighborhood stability should be maintained and enhanced. Most existing residential developments will remain largely unaffected by these City Plan Principles and Policies. Policy LIV 26.3 - Promote Compatibility of Uses: Encourage low intensity residential uses within predominantly residential neighborhoods, including but not limited to single-family, low density multi-family, and group homes. Allow other compatible uses to the extent that they reinforce and do not detract from the primary low density, residential function of the neighborhoods. Other related plans that contributed to the Old Town Neighborhoods Plan include the Bicycle Master Plan (2014), Pedestrian Plan (2011), Climate Action Plan (2015), and the update to the Downtown Plan (2017 adoption pending). The intent of this Plan is to build on the recommendations from the previously adopted plans to further support enhanced livability in the Old Town Neighborhoods. The Old Town Neighborhoods Plan is consistent and aligned with the City Plan Policies listed above. The Plan is somewhat unusual compared to other subarea plans in that there isn’t a lot of vacant land or the potential for large redevelopment areas. The Old Town Neighborhoods are unique, representing the community’s original residential tracts and gridded street blocks. As a result, the Plan reinforces existing neighborhood character, supports compatible future changes and ways to enhance livability. Main Components of the Plan The plan document is organized by each phase of the planning process using four topic areas for consistency and more user-friendly formatting. The primary topic sections include Neighborhood Character and Compatibility, Land Use and Transitions, Circulation and Mobility, and Sustainability. 10.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (5366 : SR 036 Old Town Neighborhoods Plan) Agenda Item 20 Item # 20 Page 3 1. Overview  Background  Assessment of existing conditions, trends, related planning efforts  Key issues and opportunities  Summary of public outreach 2. Neighborhood Vision  Overview and structure  Vision/values by topic area 3. Plan Framework  Framework Map  Opportunities for change by topic area 4. Implementation  Policies, strategies and implementation by topic area  Action item summary tables 5. Appendix  Summary information  Technical data The Plan document containing the appendix is available at the following link: http://www.fcgov.com/planning/otnp/index.php> Implementation Recommendations The Implementation chapter outlines the key policies, implementation strategies and action items to support achieving the neighborhood vision. The Old Town Neighborhoods Plan identifies action items for four time horizons: immediate, short term, midterm, and ongoing. Immediate actions will take place within 120 days of plan adoption. Short term actions target a completion date of 2018. Midterm actions have a target completion date of 2019-2026. Ongoing actions consist of items already in progress or actions that have no specified timeframe for completion that require ongoing coordination to implement. Some of the immediate action items stemming from this plan include:  Coordinating the restriping of Shields Street, north of Laporte Avenue in conjunction with the repaving project to accommodate buffered bike lanes.  Initiation of a further outreach and re-zoning process for select pockets of Low Density Mixed-Use Neighborhood (LMN), Downtown (D), and Limited Commercial (CL) zoning within the neighborhoods to one of the Neighborhood Conservations zones to better match the existing and desired land use patterns.  Examination of signal timing at existing intersections in the neighborhoods to reduce excessive waiting and ensure adequate and safe crossing times.  Identification of additional locations for new or enhanced crossings along the Mulberry Street and Shields Street corridors.  Further outreach to explore Land Use Code options for allowing greater flexibility for Accessory Dwelling Units (ADUs) in the neighborhoods.  Implementation of an update to design guidelines for the Neighborhood Conservation, Low Density (NCL) and Neighborhood Conservation, Medium Density (NCM) zone districts. Of this list of key Plan implementation actions, the Design Guidelines are the only action being considered for approval concurrent with the Old Town Neighborhoods Plan item. Additional follow up implementation action recommendations (2017-2018) in the Plan include: 10.1 Packet Pg. 92 Attachment: First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (5366 : SR 036 Old Town Neighborhoods Plan) Agenda Item 20 Item # 20 Page 4  Develop new design guidelines and standards for compatible design and transitions for the areas near the Downtown and Neighborhood buffer areas.  Install new pedestrian push-button signal (or other appropriate crossing treatment) at Shields Street and Magnolia Street.  Complete additional outreach to review new standards for Carriage Houses or other Accessory Dwelling Units in the NCB, NCM, and NCL zone districts to support opportunities for additional housing options while maintaining neighborhood character. II. Old Town Neighborhoods Design Guidelines The Old Town Neighborhoods Design Guidelines (Guidelines) provide updated voluntary guidance for compatible rehabilitation, additions, and new construction projects in the Eastside and Westside Neighborhoods. The effort to update the Guidelines began in January 2015. The Guidelines represent an implementation action included both the Old Town Neighborhoods Plan and the 2013 Eastside Westside Character Study. The project was managed by Planning Services alongside consultants from Winter & Company. The Design Guidelines will replace the 1996 Neighborhood Character Design Guidelines and reflect conclusions from the 2013 Character Area Study. Because the 1996 Neighborhood Character Design Guidelines were adopted by ordinance, their repeal is by ordinance. Outreach for the Design Guidelines was integrated with the public engagement process for the Old Town Neighborhoods Plan. In each phase of the planning process, residents and stakeholders provided feedback and input about the Design Guidelines. The Design Guidelines are an implementation action of the Old Town Neighborhoods Plan. In particular, the Design Guidelines help implement the vision for neighborhood character and compatibility: “Celebrating and enhancing the qualities that make the neighborhoods unique and which foster ‘Old Town Charm.’” Policy NCC3 in the Old Town Neighborhoods Plan sets policy guidance to “support compatible building design for new construction and remodels” and contains three action items specific to the development and implementation of the Design Guidelines. The overarching goal of the Design Guidelines is to encourage and support both the rehabilitation of historic structures and the compatible design and construction of new homes and additions in the Neighborhood Conservation, Low Density (NCL) and Neighborhood Conservation, Medium Density (NCM) zone districts. The Design Guidelines are a voluntary and advisory document, and are intended to be a user-friendly resource for neighborhood residents, design and building professionals, realtors, boards and commissions, City staff, and others. The guidelines supplement, but do not replace, the existing Land Use Code design standards that were adopted in 2013. To ensure that the Design Guidelines are a useful resource to the community, staff plans to promote and publicize the document following its adoption. City departments including Zoning, Building, and Historic Preservation will distribute the Design Guidelines in electronic and print formats. The Design Guidelines will also be shared with realtors, design professionals, building professionals who work in the Old Town Neighborhoods and with neighborhood leaders and the stakeholder group for the Old Town Neighborhoods Plan. Staff will broadcast promotion on Next Door, fcgov.com, with the Design Assistance Program, and to the Old Town Neighborhoods Plan email list. Copies of the guidelines will be made available to the development community during the early stages of the development review process so that the recommendations can readily be incorporated into building and site designs. CITY FINANCIAL IMPACTS Most of the action items identified in the Old Town Neighborhoods Plan Implementation Summary can be accommodated within the existing budgetary framework for the various departments and service areas. Action items are spread out into a variety of timeframes (immediate, short-term, mid-term, and ongoing), so there remains flexibility on the funding sources. 10.1 Packet Pg. 93 Attachment: First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (5366 : SR 036 Old Town Neighborhoods Plan) Agenda Item 20 Item # 20 Page 5 Smaller capital projects may seek to leverage opportunities afforded by grants from a variety of state and federal sources or from existing programs such as the Street Maintenance Program, Pavement Management Program, and annual Pedestrian Plan implementation. Additional funding could also be pursued as upcoming Budgeting for Outcomes (BFO) offers, or from existing funded capital projects wherever a rational nexus allows. No direct financial impacts are associated with the voluntary Design Guidelines. BOARD / COMMISSION RECOMMENDATION The Plan has been presented to the City Council at two work sessions in conjunction with the Downtown Plan and the Design Guidelines items in August, 2015 and March, 2016. Summaries of these two work sessions are included in the list of attachments. The Transportation Board and the Landmark Preservation Commission have taken formal actions to support the Plan. (Attachments 3 and 4) On February 16, 2017, the Planning and Zoning Board will meet to make a recommendation to City Council. Results of the Board's decision will be provided to the Council prior to the Council meeting. On December 1, 2016, the Affordable Housing Board met to discuss this project. Results of the Board’s decision will be provided to the Council prior to the Council meeting. PUBLIC OUTREACH The Old Town Neighborhoods Plan effort began in early 2015. The project was managed collaboratively between Planning Services and a consultant team led by MIG, Inc. The planning process included the continuous involvement of representatives of numerous City departments and outside agencies in the form of a Technical Advisory Committee, as well neighborhood representatives forming a dedicated Neighborhood Stakeholder Group. Outreach activities were varied, from traditional open houses and workshops, listening sessions and surveys, to more interactive events like neighborhood walking and bike tours, online wiki- mapping, and events at festivals. In total, outreach for the Old Town Neighborhoods Plan included 21 workshops, open houses, or general events, 10 stakeholder meetings, 4 technical advisory committee meetings, 6 coffee chat get-togethers, and thousands of individual interactions, survey responses, and comments. The Plan’s Neighborhood Stakeholder Group was comprised of neighborhood residents, property owners, renters, landlords, design professionals, and employees from both the Eastside and Westside Neighborhoods. The group met on a regular basis to help review and guide the renewed neighborhood vision, policies, strategies, and implementation actions. Plan outreach also included numerous updates and consultations with community organizations and City boards and commissions: City Boards and Commissions  Affordable Housing Board  Building Review Board  Bicycle Advisory Committee  Landmark Preservation Commission  Planning and Zoning Board  Transportation Board 10.1 Packet Pg. 94 Attachment: First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (5366 : SR 036 Old Town Neighborhoods Plan) Agenda Item 20 Item # 20 Page 6 Community Organizations  Board of Realtors, Government Affairs Committee  Chamber of Commerce, Local Legislative Affairs Committee ATTACHMENTS 1. Work Session Summary, August 11, 2015 (PDF) 2. Work Session Summary, March 16, 2016 (PDF) 3. Landmark Preservation Commission Recommendation (PDF) 4. Transportation Board Recommendation (PDF) 5. Powerpoint presentation (PDF) 10.1 Packet Pg. 95 Attachment: First Reading Agenda Item Summary, February 21, 2017, (w/o attachments) (5366 : SR 036 Old Town Neighborhoods Plan) -1- ORDINANCE NO. 036, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO. 013, 1996, REGARDING ADOPTION OF THE NEIGHBORHOOD CHARACTER DESIGN GUIDELINES FOR THE EASTSIDE AND WESTSIDE NEIGHBORHOODS IN FORT COLLINS WHEREAS, on February 20, 1996, Council adopted on second reading the “Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins” attached hereto as Exhibit “A”; and WHEREAS, the Old Town Neighborhoods Design Guidelines adopted by Resolution 2017-023 replace the Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins; and WHEREAS, the City Council has determined that the repeal of the Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins and replacement by the Old Town Neighborhoods Design Guidelines in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Ordinance No. 013, 1996, which adopted the Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins is hereby repealed. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 10.2 Packet Pg. 96 Attachment: Ordinance No. 036, 2017 (5366 : SR 036 Old Town Neighborhoods Plan) -2- Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 10.2 Packet Pg. 97 Attachment: Ordinance No. 036, 2017 (5366 : SR 036 Old Town Neighborhoods Plan) EXHIBIT A 10.2 Packet Pg. 98 Attachment: Ordinance No. 036, 2017 (5366 : SR 036 Old Town Neighborhoods Plan) 10.2 Packet Pg. 99 Attachment: Ordinance No. 036, 2017 (5366 : SR 036 Old Town Neighborhoods Plan) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 037, 2017, Amending Section 2-568 of the Code of the City of Fort Collins Proscribing Certain Actions in the Event a City Board or Commission Member has Declared a Conflict of Interest and Establishing a Related Variance Procedure. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, amends Section 2-568(a) and 2-568 (c) of the City Code to clarify certain actions in the event a City board or commission member has declared a conflict of interest and establish a related variance procedure. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 037, 2017 (PDF) 11 Packet Pg. 100 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 037, 2017, Amending Section 2-568 of the Code of the City of Fort Collins Proscribing Certain Actions in the Event a City Board or Commission Member has Declared a Conflict of Interest and Establishing a Related Variance Procedure. EXECUTIVE SUMMARY The purpose of this item is to amend Section 2-568(a) and 2-568 (c) of the City Code to clarify certain actions in the event a City board or commission member has declared a conflict of interest and establish a related variance procedure. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 2-568 of the City Code establishes the ethical rules of conduct for officers and employees of the City. The Ethics Review Board met on July 25, 2016, October 4, 2016 and February 7, 2017 to discuss the need to clarify activities that are prohibited for City board and commission members and Councilmembers when they have a conflict of interest in a City matter, along with establishing a variance procedure by which Council could, in certain circumstances, authorize a board or commission member to participate in a matter he/she otherwise would be prohibited from participating in due to a conflict of interest. A new definition of attempt to influence or influence has been added to Section 2-568(a) of the City Code which defines and clarifies certain actions of Councilmembers. Section 2-568(c)(3) has been added to the City Code in order to clarify that a board or commission member who has declared a conflict of interest is not allowed to communicate to or attempt to influence such board or commission in any capacity, and to list out certain exceptions from this prohibition. Such exceptions will clarify a City board or commission member may communicate with board or commission members in order to protect a strictly personal interest, and may prepare materials on behalf of a project such as architectural plans, technical studies or engineering designs (so long as that member does not present the material him/herself). The Ordinance also establishes a variance process by which a board or commission member may seek Council authorization to influence or participate in a decision of his or her board or commission in the event here or she would otherwise suffer an exceptional hardship that can’t avoided. BOARD / COMMISSION RECOMMENDATION The Ethics Review Board recommends Council approve the ordinance. ATTACHMENTS 1. Ethics Review Board Minutes July 25, 2016 (PDF) 2. Ethics Review Board Minutes October 4, 2016 (PDF) 3. Ethics Review Board Minutes February 7, 2017 (PDF) ATTACHMENT 1 11.1 Packet Pg. 101 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5367 : SR 037 Ethics Rule) -1- ORDINANCE NO. 037, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-568 OF THE CODE OF THE CITY OF FORT COLLINS PROSCRIBING CERTAIN ACTIONS IN THE EVENT A CITY BOARD OR COMMISSION MEMBER HAS DECLARED A CONFLICT OF INTEREST AND ESTABLISHING A RELATED VARIANCE PROCEDURE WHEREAS, Article IV, Section 9(b) of the Charter of the City of Fort Collins establishes rules of conduct concerning conflicts of interest; and WHEREAS, Section 2-568 of the Code of the City of Fort Collins establishes the ethical rules of conduct for officers and employees of the City of Fort Collins; and WHEREAS, the Ethics Review Board has met and discussed the need to clarify the activities that are prohibited for City board and commission members and Councilmembers when they have a conflict of interest in a City matter, along with establishing a variance procedure by which Council could, in certain circumstances, authorize a board or commission member to actively participate in a matter that he or she otherwise would be prohibited from participating in due to a conflict of interest; and WHEREAS, the Ethics Review Board discussed specific revisions to Article IV, Section 9(b) of the Charter of the City of Fort Collins and Section 2-568 of the Code of the City of Fort Collins at meetings on July 25, 2016, and October 4, 2016; and WHEREAS, on January 17, 2017, City Council adopted on second reading the Ordinance No. 003, 2017, submitting to the voters at the regular City election in April the question of an amendment to the City Charter to clarify the scope of the prohibition on sales to the City; and WHEREAS, this Ordinance amends the City Code as recommended by the Ethics Review Board at its February 7, 2017, meeting, consistent with the terms of Ethics Opinion 2016-001, adopted by the City Council in July, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 2-568(a) of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Attempt to influence or influence” which reads in its entirety as follows and by renumbering accordingly all subsequent subparagraphs: (1) Attempt to influence or influence, as it pertains to this Section, shall mean take any action intended to impact, shape, control, sway, bias or prejudice. 11.2 Packet Pg. 102 Attachment: Ordinance No. 037, 2017 (5367 : SR 037 Ethics Rule) -2- Section 3. That Section 2-568(c) of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (3) to read as follows and renumbering accordingly all subsequent subparagraphs: (3) In any action in which a member of a City board or commission member (“member”) declares a conflict of interest, such member shall not communicate to or attempt to influence such board or commission regarding such item, in any capacity, except that: a. the member may communicate with said board or commission to protect a strictly personal interest, in the same or similar ways in which the public is permitted to communicate with the board or commission. b. The member may prepare materials on behalf of another for a project in the normal course of business or operation, so long as the purpose of those materials is not directly and substantially related to advocacy before said member’s board or commission. Those materials may be included in materials submitted by another to said member’s board or commission so long as they fall within this exception. For illustrative purposes, such materials may include, but are not necessarily limited to architectural plans, technical studies, and engineering designs. c. if a member has declared a conflict of interest in a matter in accordance with the City Charter and Code and so is precluded from participating in or influencing the decision of his or her board or commission, he or she may request a variance from the limitations of this subsection from the City Council in the following circumstances, and in the following manner: 1. The member must submit a request for a variance to the City Clerk on a form provided by the City Clerk for such purpose. 2. The member must demonstrate that without the variance, he or she would suffer an exceptional hardship, and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated; 3. The City Council must act by resolution to approve or disapprove the requested variance. d. This limitation does not apply to other members, partners, or other parties of the member’s or firm or entity, who may continue to work on the project and may advocate to such member’s board or commission, provided that the member has declared the conflict and refrains from participating in the matter consistent with the application limitations. 11.2 Packet Pg. 103 Attachment: Ordinance No. 037, 2017 (5367 : SR 037 Ethics Rule) -3- Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk 11.2 Packet Pg. 104 Attachment: Ordinance No. 037, 2017 (5367 : SR 037 Ethics Rule) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Mike Trombley, Police Lieutenant SUBJECT First Reading of Ordinance No. 046, 2017, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund for the Police Campus West Substation Build-out. EXECUTIVE SUMMARY The purpose of this item is to authorize and appropriate funding for the Campus West Substation build-out from the KFCG Police Reserves account. Funding for ongoing lease payments and associated O&M expenses was approved in the 2017-2018 budget; however, at inception it was anticipated that market timing would dictate that a lease would be signed before the end of the 2016 fiscal year, with lease payments beginning in 2017 and initial build-out costs paid in 2016 via off-cycle funding. The costs for initial build-out of the substation include demolition/renovation, IT infrastructure, electrical work, furnishing, etc. Delays during the budget process and higher than anticipated build estimates did not allow this money to be appropriated in 2016, as a lease agreement was not yet reached. An agreement has been finalized in principle for build-out costs, requiring an appropriation of $218,750 from the KFCG Police Reserves account. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Campus West substation reflects a Council priority to establish a police/community substation in the Campus West area. Police Services is partnering with Neighborhood Services, Code Compliance, Colorado State University (CSU) Off Campus Life, CSU Student Affairs, CSU Police Department and the City/CSU Community Liaison to rotate staff to the office and offer a broad range of services and visibility to students, renters, long term residents, and businesses in the area. The office will provide a more permanent police, City, and CSU collaborative presence; impact crime; address quality of life issues such as loud parties; and provide more direct customer service. Funding for ongoing lease payments and utilities, etc. was approved in the 2017-2018 budget (Offer #31.2), however at inception it was anticipated that market timing would dictate that a lease would be signed by the end of the 2016 fiscal year. The costs for initial build-out of the substation within the first year include initial renovation, IT infrastructure, security, furnishing, etc. and were anticipated to be paid in 2016 with off cycle funding in order to keep the project moving forward. Delays during the budget process and higher than expected build-out estimates did not allow this money to be appropriated in 2016, as a lease was not yet finalized. Estimates to complete this build-out originally ranged from $357,000 to $375,000. As a result, additional negotiations were pursued and the build-out was streamlined with the property owner completing some of the initial demolition and renovation and Operation Services completing the remainder. Further reductions to the build-out costs are not likely, and would increase if not for the terms articulated above. Combined with negotiated finish allowances by the property owner and existing allocated funding, the final allocation requested is 39% lower than original estimates in the latter part of 2016. 12 Packet Pg. 105 Agenda Item 12 Item # 12 Page 2 An agreement has been finalized in principle for build-out costs (subject to final leasing agreement) totaling approximately $218,750, broken down as follows:  $107,000 for initial tenant renovation, completed by property owner under specs provided by Operation Services. Of this amount, the property owner will partially cover tenant finish costs with an allowance, with a net cost of approximately $70,000 to the City.  $180,000 in final renovation costs, managed and completed by Operation Services. o The 2017-2018 budget incorporated ongoing funds of $75,000 annually for lease payments and O&M costs, effective January 1, 2017. o Further negotiation has allowed the City to assume responsibility for lease payments on June 1, 2017. As a result, $31,250 of already allocated funds are available to offset build-out costs.  Following the above cost breakdown, total appropriation cost = $218,750. Additional Information: - Funding is time-sensitive due to negotiations. Operation Services is preparing final lease terms and payment allocation, as well as an itemization of the costs outlined above. CITY FINANCIAL IMPACTS $218,750 appropriated from Police KFCG Reserves. Ongoing costs allocated in 2017-2018 budget (Offer #31.2). 12 Packet Pg. 106 -1- ORDINANCE NO. 046, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE KEEP FORT COLLINS GREAT FUND FOR THE POLICE CAMPUS WEST SUBSTATION BUILD-OUT WHEREAS, the City is negotiating to lease space for a new police substation in the Campus West area; and WHEREAS, the Campus West substation reflects a Council priority to establish a police/community substation in the Campus West area and Police Services is partnering with Neighborhood Services, Code Compliance, Colorado State University (CSU) Off Campus Life, CSU Student Affairs, CSU Police Department and the City/CSU Community Liaison to rotate staff to the office and offer a broad range of services and visibility to students, renters, long term residents, and businesses in the area; and WHEREAS, the office will provide a more permanent police, City, and CSU collaborative presence, impact crime, address quality of life issues such as loud parties, and provide more direct customer service; and WHEREAS, at inception it was anticipated that market timing would dictate that a lease would be signed before the end of the 2016 fiscal year, with lease payments beginning in 2017 and initial build-out costs paid with 2016 funding; and WHEREAS, funding for ongoing lease payments, utilities, and other operating expenses was approved in the 2017-2018 budget; and WHEREAS, delays during the budget process and higher than expected build-out estimates did not allow funding for the initial build-out to be appropriated in 2016, as a lease was not yet finalized; and WHEREAS, an agreement with the landlord has been finalized in principle for build-out costs (subject to finalizing a lease agreement) totaling approximately $218,750; and WHEREAS, this Ordinance would authorize and appropriate funding of $218,750 for the Campus West Substation build-out from the KFCG Police Reserves account; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 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 Packet Pg. 107 -2- available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Keep Fort Collins Great Fund. 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 Keep Fort Collins Great Fund the sum of TWO HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($218,750) for expenditure in the Keep Fort Collins Great Fund for the Fort Collins Police Services Campus West Substation build-out. Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 108 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Mark Jackson, PDT Deputy Director SUBJECT First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements. EXECUTIVE SUMMARY The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of an annual regional contribution of local matching funds for the Colorado Department of Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA) with Larimer County and participating local agencies, including the City, to contribute local matching funds for this purpose. This is the first of five annual installments of these payments to Larimer County under the IGA. Local matching fund commitments accelerate the improvements to I-25 in Northern Colorado. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Council adopted Resolution 2015-100 (Attachment 1) on November 17, 2015, stating its support for a Larimer County proposal to use increased County mill levy funds as a method to facilitate funding for Interstate 25 (I- 25) improvements. Larimer County proposed to temporarily reapportion part of its General Fund mill levy funds to the County’s Road and Bridge Fund for a period of five years. These reapportioned funds are estimated to generate a total of $10 million over the course of the five year period. The increase in the County Road and Bridge Mill Levy revenues received by the City and the other municipalities will be available to fund construction of roads and streets within their boundaries. The County proposed using these contributions as a local match for improvements on the I-25 Corridor within Larimer County. All eight Larimer County municipalities adopted resolutions supporting the proposal. Council adopted Resolution 2016-077 (Attachment 2) on October 4, 2016, authorizing the Mayor to enter into an IGA with Larimer County and other local agencies for the purpose of providing local funds to Larimer County to be contributed to the North I-25 Corridor Improvements Project as described above. This regional collaboration and agreement will result in $10 million of matching funds to help accelerate the project. The IGA was fully executed on December 27, 2016 (Attachment 3). Fort Collins’ total contribution to this five year funding commitment is $2,229,735. Fort Collins’ annual share of funds is $445,947 in each of the five years. This appropriation request authorizes fulfillment of the first annual payment per the IGA. The North I-25 Improvements project will begin construction in late 2017 and is scheduled to be completed by December 2020. The $237 million project is funded using federal, state and local dollars. The project boundaries are State Highway 14 (Mulberry Road) on the north and State Highway 402 in Loveland to the south. It will add a third managed lane in each direction, make key improvements to bridges, connect the regional bicycle/pedestrian trail under I-25, and provide an additional park and ride with bus slip ramps at Kendall Parkway in Loveland. Improvements will help ease congestion, provide additional multi-modal capacity 13 Packet Pg. 109 Agenda Item 13 Item # 13 Page 2 for auto and bus traffic, make key bicycle/pedestrian trail linkages, and improve safety and stormwater issues. (Attachment 4) CITY FINANCIAL IMPACTS Larimer County’s proposal does not modify the total mill levy, and does not decrease the amount of Road and Bridge Levy funds currently received by the City of Fort Collins. Creation of a source of local match funding is advantageous in order to take advantage of funding partnerships and grant opportunities that may arise to help improve the I-25 corridor. This contribution, combined with additional commitments from regional agencies and private development, results in $25 million identified and committed for local match. This regional collaboration and commitment helped accelerate the schedule for I-25 improvements in Northern Colorado by fifteen years. The City of Fort Collins’ Transportation Reserve Fund estimated balance at year end 2016 is $12.5 million. Of those funds, approximately $6 million are undesignated and can be used for unforeseen needs. The local share amount of Larimer County Road & Bridge Levy funds received by Fort Collins in 2016 was $1.05 million, an increase of $500,000 over the amount received in 2015. BOARD / COMMISSION RECOMMENDATION Staff presented information related to the IGA with Larimer County as well as overall North I-25 Improvements Project updates to the Transportation Board at their February and November 2016 meetings. Board response was positive and supportive. PUBLIC OUTREACH The Colorado Department of Transportation (CDOT) held numerous open house meetings and provided project information for many years about I-25 improvements, including the I-25 Environmental Impact Statement (2011), and more recent improvements including the I-25/SH-392 interchange, Berthoud Hill Climbing Lane project and Crossroad Boulevard Bridge Improvement project. City of Fort Collins has been an active partner in CDOT efforts impacting Fort Collins. ATTACHMENTS 1. Resolution 2015-100 (PDF) 2. Resolution 2016-077 (PDF) 3. North I-25 Funding IGA, December 27, 2016 (PDF) 4. I-25 Project Fact Sheet (PDF) 13 Packet Pg. 110 ATTACHMENT 1 13.1 Packet Pg. 111 Attachment: Resolution 2015-100 (5325 : I- 25 Appropriation) 13.1 Packet Pg. 112 Attachment: Resolution 2015-100 (5325 : I- 25 Appropriation) ATTACHMENT 2 13.2 Packet Pg. 113 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) 13.2 Packet Pg. 114 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) 13.2 Packet Pg. 115 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 1 of 15  INTERGOVERNMENTAL AGREEMENT FOR FUNDING I-25 IMPROVEMENTS This Intergovernmental Agreement for Funding I-25 Improvements (“Agreement”) is made and effective on ____________________, 2016, by and among the Board of County Commissioners of Larimer County, Colorado (referred to as “County”), and the City of Fort Collins, Colorado, the City of Loveland, Colorado, the Town of Estes Park, Colorado, the Town of Timnath, Colorado, the Town of Berthoud, Colorado, the Town of Windsor, Colorado, the Town of Wellington, Colorado, and the Town of Johnstown, Colorado (individually referred to as “Municipality” or collectively as “Municipalities”). (The County and Municipalities will jointly be referred to as the “Parties.”) I. RECITALS A. Interstate 25 (“I-25”) serves as the primary north-south highway connection for Northern Colorado, including the County and the Municipalities. B. I-25 is the primary roadway route for regional connectivity to commerce, health care, education and employment. C. I-25 is designated as a federal freight route. D. I-25 in Northern Colorado is considered significantly congested such that traffic flow is impaired and quality of life is adversely affected. E. The Colorado Department of Transportation (“CDOT”) completed an Environmental Impact Statement in August 2011 that identified and evaluated multi-modal transportation improvements along approximately 60 miles of the I-25 corridor from the Fort Collins/Wellington area to Denver. The Statement identified areas of I-25 and associated structures such as bridges that needed to be expanded and/or improved. F. CDOT has proposed to expand I-25 from two lanes (north and south) to three lanes (north and south) for approximately fourteen miles between State Highway14 and State Highway 402, replace the Cache la Poudre Bridge and the Union Pacific Railroad Bridge north of State Highway 34, expand the Kendall Parkway Crossing under I-25 and expand the Bridge over the Big Thompson River and the Bridge over the Great Western Railway to accommodate a third travel lane (collectively “Project”). G. Funding for the Project is proposed to include contributions from government at federal, state, county, and municipal levels and other sources. H. Increased property values for Larimer County property owners in 2015 have provided an opportunity to increase the County Road and Bridge Mill Levy within the County’s total Mill Levy commencing in 2016 and for a period of four years thereafter by an estimated EXHIBIT A 13.2 Packet Pg. 116 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 2 of 15  amount sufficient to generate an additional $2 million annually without detriment to other County programs, without decreasing the amount shared back to the Municipalities in 2015 pursuant to C.R,S. §43-2-202(2) (the “2015 Share Back”), and without increasing the total County Mill Levy. I. The increased County Road and Bridge Mill Levy is projected to generate approximately $10 million in excess of the 2015 Share Back (the “Increased Municipal Share Back”) over five years commencing with calendar year 2016 for CDOT’s use on the Project. J. The Municipalities have each adopted Resolutions expressing their willingness to contribute funds to County annually for five years for CDOT’s use on the Project subject to the terms of this Agreement. K. County and Municipalities are authorized pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. II. CONSIDERATION NOW, THEREFORE, in consideration of the covenants and obligations herein expressed, the County and Municipalities agree as follows. III. TERMS AND CONDITIONS 1. Commencing in calendar year 2017 and continuing for calendar years 2018, 2019, 2020 and 2021, each Municipality shall pay to County from such Municipality’s general fund or such other fund as such Municipality may designate, an annual contribution in an amount equal to that portion of the Increased Municipal Share Back paid by the County to each Municipality pursuant to C.R.S. §43-2-202 (2) (“Municipality Contribution”) to be used as a portion of the “local match” for the Project, subject to the terms set forth in this Agreement. 2. County shall notify (“Notification”) each Municipality in writing no later than January 31 in calendar years 2017, 2018, 2019, 2020, and 2021 the total amount of the Increased Municipal Share Back” received by such Municipality during the previous calendar year. 3. Within 30 days after receipt of the Notification, each Municipality shall give written notice to the County stating whether or not such Municipality has budgeted and appropriated funds for the current calendar year to make its annual Municipality Contribution as set forth in Paragraph 1 above. 4. Provided the Municipality has budgeted and appropriated funds, such Municipality shall pay its Municipality Contribution to County within 60 days following such Municipality’s receipt from County of its Notification. 13.2 Packet Pg. 117 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 3 of 15  5. County shall contribute an amount equal to the County’s share of the County Road and Bridge Mill Levy revenues received pursuant to C.R.S. §43-2-202(2) attributable to the increase in the County Road and Bridge Mill Levy specified in Recital H above (“County Contribution). No later than February 28 in calendar years 2017, 2018, 2019, 2020 and 2021, County shall give written notice to each Municipality affirming that County has (or has not) budgeted and appropriated funds for the current calendar year to make its annual County Contribution. 6. County shall deposit the County Contribution and the Municipality Contributions into a separately identifiable account (“Contributions Fund”) and shall maintain records as to such account sufficient to identify all deposits and withdrawals from such account. 7. County is authorized to pay to CDOT funds in the Contributions Fund for CDOT’s use in the Project pursuant to an intergovernmental agreement to be executed between County and CDOT. 8. County shall maintain accurate accounts of any and all amounts paid to CDOT from the Contributions Fund. County shall provide to Municipalities information detailing Project payments to CDOT from the Contributions Fund. 9. If County or a majority of Municipalities, after consultation with the other Parties, determines all or any part of the Project is not feasible due to inadequacy of funds or other impediments, and provided amounts remain in the Contributions Fund, County shall so notify Municipalities in writing. Within 90 days after such notification, a. County shall make a payment to County and to each Municipality of any amount remaining in the Contributions Fund attributable to County and such Municipality’s respective percentage contribution , OR, b. In lieu of such payment, the Parties may agree in writing to an alternative use of the Contribution Funds, provided such alternative use benefits roads or transportation systems located within the jurisdiction(s) of the Parties so agreeing. 10. Any notice or other communication given by any party to another relating to this Agreement must be hand-delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at its respective addresses set forth in Exhibit “A” attached hereto and such notice or other communication will be deemed given when so hand-delivered or three (3) business days after so mailed, or the next business day after being deposited with an overnight commercial courier. 11. The obligations of the County and Municipalities to commit or expend funds after calendar year 2016 are subject to and conditioned on the annual appropriation of funds sufficient and intended to carry out said obligations by the respective governing bodies of County and Municipalities in their sole discretion. 13.2 Packet Pg. 118 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 4 of 15  12. This Agreement is to be construed according to its fair meaning and as if prepared by all parties hereto and is deemed to be and contain the entire understanding and agreement between the parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Agreement unless set forth in writing and signed by the Parties hereto. 13. This Agreement cannot be modified except in writing signed by all Parties. 14. This Agreement will be governed by and its terms construed under the laws of the State of Colorado. Venue for any action shall be in Larimer County, State of Colorado. 15. Nothing contained herein is deemed or should be construed by the Parties or by any third party as creating the relationship of principle and agent, a partnership or a joint venture between the Parties, or an employment relationship between the Parties. 16. This Agreement is made for the sole and exclusive benefit of County and Municipalities, their successors and assigns, and it is not made for the benefit of any third party. 17. If any term or condition of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any way affect any of the other terms or conditions of this Agreement, provided that the invalidity of any such term or condition does not materially prejudice any Party in their respective rights and obligations under the valid terms and conditions of this Agreement. 18. No party will be deemed in violation of this Agreement if prevented from performing any of its respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which it is not responsible or that are not within its control. 19. This Agreement may be signed by the Parties in counterpart. 13.2 Packet Pg. 119 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 5 of 15  BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO By: _____________________________________ Title: ____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ County Attorney Jshdocs/county/Agreement for funding I-25 improvements Final 13.2 Packet Pg. 120 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 6 of 15  CITY OF FORT COLLINS, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ City Attorney 13.2 Packet Pg. 121 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 7 of 15  CITY OF LOVELAND, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ City Attorney 13.2 Packet Pg. 122 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 8 of 15  TOWN OF ESTES PARK By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ Town Attorney 13.2 Packet Pg. 123 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 9 of 15  TOWN OF TIMNATH, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ Town Attorney 13.2 Packet Pg. 124 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 10 of 15  TOWN OF BERTHOUD, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ Town Attorney 13.2 Packet Pg. 125 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 11 of 15  TOWN OF WINDSOR, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ Town Attorney 13.2 Packet Pg. 126 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 12 of 15  TOWN OF WELLINGTON, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ Town Attorney 13.2 Packet Pg. 127 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 13 of 15  TOWN OF JOHNSTOWN, COLORADO By: _____________________________________ Title: _____________________________________ ATTEST: ___________________________________ Approved as to form: ___________________________________ Town Attorney 13.2 Packet Pg. 128 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 14 of 15  EXHIBIT “A” To County: County Manager Larimer County, Colorado P.O. Box 1190 Fort Collins, CO 80522 To Fort Collins: City Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With copy to: City Attorney City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 To Loveland: City Manager City of Loveland 500 East 3rd Street, Suite 330 Loveland, CO 80537 With copy to: City Attorney City of Loveland 500 East 3rd Street, Suite 330 Loveland, CO 80537 To Estes Park: Town Administrator P.O. Box 1200 Estes Park, CO 80517 To Timnath: 13.2 Packet Pg. 129 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) Page 15 of 15  Town Manager 4800 Goodman Street Timnath, CO 80547 To Berthoud: Town Administrator P.O. Box 1229 Berthoud, CO 80513 To Windsor: Town Manager 301 Walnut Street Windsor, CO 80550 To Wellington: The Town of Wellington 3735 Cleveland Avenue P.O. Box 127 Wellington, CO 80549 With copy to: March, Olive and Pharris, LLC Attn: Brad March 1312 S. College Ave. Fort Collins, CO 80524 To Johnstown: Town Manager 450 S. Parish Ave. Johnstown, CO 80534 13.2 Packet Pg. 130 Attachment: Resolution 2016-077 (5325 : I- 25 Appropriation) "UUBDINFOU ATTACHMENT 3 13.3 Packet Pg. 131 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 132 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 133 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 134 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 135 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 136 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 137 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 138 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 139 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 140 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 141 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 142 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 143 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 144 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) 13.3 Packet Pg. 145 Attachment: North I-25 Funding IGA, December 27, 2016 (5325 : I- 25 Appropriation) "UUBDINFOU ATTACHMENT 4 13.4 Packet Pg. 146 Attachment: I-25 Project Fact Sheet (5325 : I- 25 Appropriation) 13.4 Packet Pg. 147 Attachment: I-25 Project Fact Sheet (5325 : I- 25 Appropriation) -1- ORDINANCE NO. 039, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION FUND FOR REGIONAL CONTRIBUTION TO LARIMER COUNTY FOR NORTH I-25 IMPROVEMENTS WHEREAS, on November 17, 2015, City Council passed Resolution 2015-100 stating its support for a Larimer County proposal to use increased County mill levy funds as a method to facilitate funding for Interstate 25 (I-25) improvements; and WHEREAS, on October 4, 2016, City Council passed Resolution 2016-077 authorizing the Mayor to enter into an Intergovernmental Agreement with Larimer County (the “IGA”) and other local agencies for the purpose of providing local funds to Larimer County to be used as a contribution to the North I-25 Corridor Improvements Project; and WHEREAS, the IGA was signed by the parties and dated December 27, 2016; and WHEREAS, the $237 million North I-25 Improvements project will begin construction in late 2017 and is scheduled to be completed by December 2020; and WHEREAS, the project boundaries are State Highway 14 (Mulberry Road) on the north and State Highway 402 in Loveland to the south and the project will add a third managed lane in each direction, make key improvements to bridges, connect the regional bicycle/pedestrian trail under I-25, and provide an additional park and ride with bus slip ramps at Kendall Parkway in Loveland; and WHEREAS, the purpose of this item is to appropriate Transportation Fund reserves in the amount of $445,947 to be remitted to Larimer County as part of an annual (five year) regional contribution of local matching funds under the IGA for CDOT’s North I-25 Improvements Project; and WHEREAS, this is the first of five annual payments to Larimer County under the IGA, with a total funding commitment from the City of $2,229,735; and WHEREAS, Fort Collins received approximately $1.05 million in 2016 from the Larimer County Road and Bridge Fund representing an incremental increase in revenue from increased property valuations of approximately $500,000.00 for 2016; and WHEREAS, the increase in the City’s share of the County Road and Bridge Mill Levy revenues will be utilized to fund construction of roads and streets within its corporate boundaries in accordance with C.R.S. §43-2-202(4), making other funds available from the City’s Transportation Fund reserves for contribution to the Project; 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. 148 -2- WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Transportation Fund; 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 for expenditure from prior year reserves in the Transportation Fund the sum of FOUR HUNDRED FORTY-FIVE THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS ($445,947) for regional contribution to Larimer County under the IGA for North I-25 Improvements. Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 149 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Mark Jackson, PDT Deputy Director SUBJECT Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the City's Contribution of Funds for the North Interstate 25 Improvements. EXECUTIVE SUMMARY The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit $2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local matching funds for the North I-25 Improvements project. Local match funding contributions from Fort Collins and other regional agencies allow the I-25 improvements to be accelerated by as many as fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Interstate 25 (I-25) is the key interstate linkage in Northern Colorado, and serves as a major freight route as well as a key general travel 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. Numerous efforts, initiatives, and actions have been taken or are underway to accelerate improvements to I-25. The City of Fort Collins has collaborated with the Colorado Department of Transportation (CDOT), Larimer County, and other regional agencies, organizations and private interests to identify funding assistance and pursue long-term, sustainable funding for transportation needs in Colorado. Six local agencies, Larimer and Weld Counties, and a private developer through Loveland’s Metro District, committed $25 million in funds to help CDOT meet local match requirements for the TIGER grant award and planned corridor improvements. Breakdown of local funding contributions include:  City of Fort Collins $2.25M  City of Loveland $2M  Town of Berthoud $500K  Town of Johnstown $1M  Larimer County mill levy $10M (under Larimer County Funding IGA)  Weld County $2M  Town of Timnath $500K  Town of Windsor $1M  Loveland Metro District $6M Construction of I-25 improvements in Northern Colorado is already underway, and is scheduled to be complete by end of 2020. Improvements will include addition of a third managed lane in each direction between SH-14 14 Packet Pg. 150 Agenda Item 14 Item # 14 Page 2 (Mulberry) and SH-402 (Loveland), bridge improvements, regional trail connections, and slip ramps and a new park and ride facility at Kendall Parkway. Fort Collins is also currently working with CDOT, Town of Timnath, and private partners to help fund improvements to the Prospect Road/I-25 interchange as part of the overall corridor project. CITY FINANCIAL IMPACTS Funds intended for 2017 local match to the I-25 Improvements Project were appropriated as part of the 2017- 2018 Budget approval. The offers containing these funds were ranked #1 in each budget year. The agreement states the City will remit $1.125 in April of 2017 and in 2018, subject to annual appropriation. BOARD / COMMISSION RECOMMENDATION Both the I-25 Improvements Project (as part of the 2011 North I-25 Environmental Impact Statement) and the 2017-2018 Budget for Outcomes (BFO) were presented to the City of Fort Collins Transportation Board. The Transportation Board received two briefings on the I-25 project in 2016. No action was taken but feedback was positive. PUBLIC OUTREACH Both the I-25 Improvements Project (as part of the 2011 North I-25 Environmental Impact Statement) and the 2017-2018 Budget for Outcomes (BFO) conducted significant public outreach in Fort Collins. CDOT, in conjunction with other regional agency partners, will continue to provide significant communication and information resources throughout the I-25 project using a variety of media. 14 Packet Pg. 151 -1- RESOLUTION 2017-026 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CITY’S CONTRIBUTION OF FUNDS FOR THE NORTH INTERSTATE 25 IMPROVEMENTS WHEREAS, Interstate 25 (“I-25”) serves as the primary north-south highway connection for Northern Colorado, including Larimer County, Colorado (the “County”), the City of Fort Collins, Colorado (the “City”), and the City of Loveland, Colorado, the Town of Estes Park, Colorado, the Town of Timnath, Colorado, the Town of Berthoud, Colorado, the Town of Windsor, Colorado, the Town of Wellington, Colorado, and the Town of Johnston, Colorado (individually referred to as “Municipality” or collectively as “Municipalities”); and WHEREAS, I-25 is the primary roadway route for regional connectivity to commerce health care, education and employment and is designated as a federal freight route; and WHEREAS, I-25 in Northern Colorado is considered significantly congested such that traffic flow is impaired and quality of life is adversely affected; and WHEREAS, the Colorado Department of Transportation (“CDOT”) completed an Environmental Impact Statement in August 2011 that identified and evaluated multi-modal transportation improvements along approximately 60 miles of the I-25 corridor from the Fort Collins Wellington area to Denver and identified areas of I-25 and associated structures such as bridges that needed to be expanded and/or improved; and WHEREAS, CDOT has proposed to expand I-25 from two lanes (north and south) to three lanes (north and south) for approximately fourteen miles between State Highway 14 and State Highway 402, replace the Cache la Poudre Bridge and the Union Pacific Railroad Bridge north of State Highway 34, expand the Kendall Parkway Crossing under I-25 and expand the Bridge over the Big Thompson River and the Bridge over the Great Western Railway to accommodate a third travel lane ( the “North I-25 Improvements Project” or “Project”); and WHEREAS, the North I-25 Improvements Project, which is currently estimated to cost $237 million, will be funded by state, federal, and local contributions, including local matching fund commitments from multiple sources to accelerate the timing of the Project; and WHEREAS, on November 17, 2015, City Council adopted Resolution 2015-100 expressing its conceptual support for and willingness to contribute funding to the County annually for five years for CDOT’s completion of the Project; and WHEREAS, on October 4, 2016, City Council adopted Resolution 2016-077, authorizing execution of an Intergovernmental Agreement for Funding I-25 Improvements dated December 27, 2017, (the “Larimer County I-25 Funding IGA”), pursuant to which the City, County, and Municipalities agreed to contribute specified funding for the Project to the County, anticipated to Packet Pg. 152 -2- generate a total of $10 million over a five-year period (subject to annual appropriation) to be paid by the County to CDOT for the Project under a separate agreement; and WHEREAS, the City and CDOT wish to enter into an additional intergovernmental agreement (the “2017 City/CDOT IGA”) to contribute additional funding in the amount of $2.25 million over two fiscal years for Phase 1 of the North I-25 Improvements Project (subject to annual appropriation in 2018); and WHEREAS, the City’s additional contribution under the 2017 City/CDOT IGA will serve a public purpose by producing significant economic benefits to the citizens of Fort Collins, including preserving the economic vitality of the City, maintaining and increasing employment in the City, stabilizing and improving the long term tax base of the City, and providing additional economic health benefits and improvements to the quality of life for the City citizens by improving transportation facilities connecting the City and its citizens to commerce, health care, education and employment in the Northern Colorado region; and WHEREAS, the City Council has determined that the 2017 City/CDOT IGA is in the best interests of the City; and WHEREAS, funds in the amount of $2.25 million for the City's additional contribution under the 2017 City/CDOT IGA have been included in the City's 2017-2018 budget approved by City Council and the amount of $1.125 million has been appropriated by City Council for expenditure in 2017; and WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Packet Pg. 153 -3- Section 2. That the Mayor is hereby authorized to execute the 2017 City/CDOT IGA substantially in the form attached hereto as Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of March, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 154 Page 1 of 10 (Local $CDOTWRK) PROJECT: I-25 North: SH 402 – SH 14 (21506) REGION 4 (dz) CONTRACT THIS CONTRACT made this ___ day of ________________ 20___, (the “Contract”) by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation (the “State”) and the City of Fort Collins (the “Local Agency”), the State and the Local Agency together shall be referred to as the “Parties” and individually as “Party.” RECITALS 1. The Local Agency has made funds available for Project SH 402 – SH 14 (21506), which shall consist of improvements to North Interstate-25 (the “Project” or “Work”) and desires to contribute funds for the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this Contract and to expend its funds for the Project. A copy of this ordinance or resolutions is attached hereto and incorporated herein as Exhibit B. 2. Required approval, clearance, and coordination have been accomplished from and with appropriate agencies. 3. This Contract is executed under the authority of CRS §§ 29-1-203, 43-1-110, 43-1-116, 43-2- 101(4)(c), 43-2-144, and Exhibit B. 4. The Local Agency has funds available and desires to provide the funding for the improvements, as described in Section 4. 5. Pursuant to CRS § 43-2-104.5, as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the State or Local Agency highway system. 6. The Local Agency anticipates design and construction improvements to North Interstate-25. The State has completed and submitted a preliminary Scope of Work describing the general nature of the Work. The Local Agency understands that before the Work begins, the Scope of Work may be revised as a result of design changes made by the State, in coordination with the Local Agency, in its internal review process. 7. The Parties hereto desire to agree upon the division of responsibilities with regard to the Project. Routing # 17-HA4-XC-00072 SAP # 331001577 FOR CDOT TRACKING PURPOSES (subject to change). EXHIBIT A Page 2 of 10 THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Work under this Contract shall consist of improvements to North Interstate-25, for which the Local Agency shall provide funding and the State shall be responsible for the design and construction of the improvements. The Project will take place from approximately just north of State Highway 402 to just south of State Highway 14, between Johnstown/Loveland and Fort Collins, Colorado. The Work includes improvements, constructions and replacements, as described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This Contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This Contract shall be effective upon approval of the State Controller or designee. The term of this Contract shall continue through the completion and final acceptance of the Project by the State, the Federal Highway Administration (“FHWA”), and the Local Agency. Section 4. Project Funding Provisions A. The Local Agency is prepared to provide their portion of the funding for the Work, as provided in §4.B and as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this Contract and to expend its funds for the Project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The maximum amount payable by the Local Agency under this Contract shall be $2,250,000.00, unless such amount is increased by an appropriate written modification to this Contract executed before any increased cost is incurred. It is understood and agreed by the Parties that the total cost of the Work stated herein is the best estimate available, based on the design data as approved at the time of execution of this Contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the Parties prior to bid and award. C. The Parties agree that this Contract is contingent upon all funds designated for the Project herein being made available from State sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the Contract may be terminated by either Party, provided that any Party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such Page 3 of 10 termination. Notwithstanding anything to the contrary set forth herein, the Local Agency’s obligations under this Contract are subject to appropriation by the Fort Collins City Council; the amount due in calendar year 2017 ($1.125 million) has been so appropriated; the amount due in calendar year 2018 ($1.125 million) has not yet been appropriated. Section 5. Project Payment Provisions A. The Local Agency shall remit to the State a payment of $1,125,000.00 by April 30 of years 2017 and 2018 during the term of this agreement, as shown in the Payment Schedule in Exhibit A. B. The State shall prepare and submit to the Local Agency, no more than annually, documentation for costs incurred relative to the Project. The State’s documentation shall include a description of the amounts of services performed, the dates of performance and the amounts and description of expenses. The documentation shall be prepared in accordance with the State’s standard policies, procedures and standardized billing format. C. The Parties agree that this Contract is contingent upon Local Agency funds designated for the Project herein being budgeted, appropriated and made available from Local Agency and municipal sources, as applicable. Should Local Agency and/or municipal sources fail to budget, appropriate and make available necessary funds for Local Agency as agreed upon herein, the Contract may be terminated by either Party. Section 6. State and Local Agency Commitments A. Design [if applicable] 1. If the Work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), CDOT shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (“AASHTO”) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and Contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction Page 4 of 10 contract except by agreement in writing between the Parties. The Plans shall be considered final when approved and accepted by the Parties hereto, and when final they shall be deemed incorporated herein. B. Construction [if applicable] 1. If the Work includes construction, CDOT shall perform the construction in accordance with the approved design plans. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. If the State is the responsible Party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (“SAPE”), to perform that administration. The SAPE shall administer the Project in accordance with this Contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the Project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal- aid project, the State shall comply with applicable requirements of 23 USC § 112, 23 CFR 633 and 635, and CRS § 24-92-101 et seq. Those requirements include, without limitation, that the State and Local Agency shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this Project if no additional federal-aid funds will be made available for the Project. Page 5 of 10 c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635 (B), Force Account Construction. Section 7. ROW Acquisition and Relocation [if applicable] If the Project includes a right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. The Work to be designed and constructed by CDOT under the Project shall be on CDOT right of way (“ROW”). Any acquisition/relocation activities must comply with: all applicable federal and State statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR P24); CDOT’s Right of Way Manual; and CDOT’s Policy and Procedural Directives. Allocation of Responsibilities are as follows:  Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and ROW incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges);  Federal participation in ROW acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or  No federal participation in ROW acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/. If ROW is purchased for a State highway, including areas of influence of the State highway, the Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Section 8. Utilities If necessary, the responsible Party shall be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the responsible Party shall certify in writing that all such clearances have been obtained. Page 6 of 10 Section 9. Railroads Reserved. Section 10. Environmental Obligations The State shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (“NEPA”) as applicable. Section 11. Maintenance Obligations The State shall maintain and operate the improvements constructed under this Contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The State will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances, and regulations. The State and FHWA shall make periodic inspections of the Project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this Contract. The State shall maintain such records for a period of 6 years after the date of termination of this Contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the Project and to inspect, review, and audit the Project records. Section 13. Termination Provisions This Contract may be terminated as follows: A. Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of moneys under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least 20 days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Local Agency of its intent to terminate and at least 10 days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, Page 7 of 10 studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this Contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this Contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the Parties shall be the same as if the Contract had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Local Agency to its terms. The person(s) executing this Contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Contract. Section 15. Representatives and Notice All communications relating to activities for the Work shall be exchanged between representatives of the State’s Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either Party may from time to time designate in writing new or substitute representatives. If to the State: If to the Local Agency: Katrina Kloberdanz CDOT Region 4 10601 W. 10th St. Greeley, Colorado 80634 970.350.2211 Katrina.Kloberdanz@state.co.us Mark A. Jackson, AICP City of Fort Collins PO Box 580 Fort Collins, CO 80522 970.416.2029 mjackson@fcgov.com Section 16. Successors Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Page 8 of 10 Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS § 24-10-101, et seq., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of CRS § 24-10-101, et seq., as now or hereafter amended and the risk management statutes, CRS § 24-30-1501, et seq., as now or hereafter amended. Section 19. Severability To the extent that this Contract may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This Contract is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued Page 9 of 10 performance, compliance or effect beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This Contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Contract shall be effective unless agreed to in writing by both Parties in an amendment to this Contract that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this Contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 10 of 10 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City of Fort Collins Print:_____________________________________ Title:_____________________________________ __________________________________________ *Signature Date: __________________________ STATE OF COLORADO John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Shailen P. Bhatt, Executive Director ________________________________________ By: Joshua Laipply, P.E., Chief Engineer Date: _________________________ 2nd Local Agency Signature if needed Print:_____________________________________ Title:_____________________________________ ______________________________________________ *Signature Date: _________________________ LEGAL REVIEW Cynthia H. Coffman, Attorney General By:_______________________________________________ Signature - Assistant Attorney General ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date: _________________________ CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. North lnterstate-25 Phase 1 Project Funding Table I Payment Schedule for the City of Fort Collins Summary of Contribution by Year Name of Local Agency I Funding Partner 2016 2017 2018 2019 2020 Total Contribution Amount Amount Date of Payment Amount Date of Payment Amount Date of Payment Amount Date of Payment Amount Date of Payment City of Fort Collins $1,125,000.00 $1,125,000.00 $2,250,000.00 Exhibit B Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Meagan Smith, Water Resources Engineer SUBJECT First Reading of Ordinance No. 041, 2017, Establishing Rental Rates and Delivery Charges for Use of the City's Raw Water for 2017. EXECUTIVE SUMMARY The purpose of this item is to obtain City Council approval of rates and charges for the rental and delivery of Utilities’ raw water supplies for 2017. These rates are used to invoice agricultural, contractual, and other raw water users. Similar to the past two years, the rates and charges for water from ditch and reservoir companies and the Colorado-Big Thompson Water Project are calculated using formulas that are based on the cost to the Water Utility. These rates and charges are generally slightly higher than last year due to increased annual assessments and other related fees imposed by the companies and the Northern Colorado Water Conservancy District. The rates and charges for the City’s reusable and other “fully consumable” supplies are the same as last year. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is a shareholder in several local ditch and reservoir companies and also holds allotment contracts for the delivery of Colorado Big-Thompson Project (CBT) water. The main use for these raw water sources is the treatment and delivery of potable water for the Utilities’ ratepayers. There are also delivery obligations to provide raw water for use by homeowners associations (HOAs), the Poudre School District, and several City departments. After these treated and raw water demands have been met, in most years there is surplus water that can be rented to other water users. Consistent with recent historical practice, staff is proposing two categories for pricing raw water. The first category - rental rates - is used to set prices for surplus water. Typically there is demand for most of the City’s raw water rental sources and there are active rental markets. The second category - delivery charges - sets prices for sources where the Utilities has an ongoing obligation to provide raw water that is used to irrigate some HOA greenbelts, Poudre School District fields, and City parks, golf courses, and cemeteries. Each year prior to the irrigation season and after ditch and reservoir companies have established their annual assessments, City Council approves rental rates and delivery charges for the use of Utilities’ raw water for the coming year. Staff uses these rates and charges for invoicing purposes. The attached tables show proposed calculations for determining rental rates and delivery charges (Attachment 1), assessment rates as set by the ditch and reservoir companies (Attachment 2), and raw water rates charged by Utilities for 2014 through 2016, with proposed rates for 2017 (Attachment 3). 15 Packet Pg. 168 Agenda Item 15 Item # 15 Page 2 ACTIVE RENTAL MARKETS FOR SURPLUS RAW WATER North Poudre Irrigation Company (NPIC) Rental Rates - Utilities expects to have surplus NPIC water available for rent. Each NPIC share has an agricultural (AG) component and a multiple-use (MU) component. The volume of water for each component varies annually and is set in April by the NPIC Board of Directors based on the company’s water supply availability. Due to current legal constraints, the AG component can only be used on land served by the NPIC system and is rented to shareholders under that system. The MU portion of each NPIC share is available for Utilities' use and is largely comprised of NPIC-owned CBT water. When users in the NPIC system rent either AG or MU water, both components are delivered through the system in the same manner. Therefore, it is proposed both types of water be rented at the same rate per acre-foot. Beginning in 2015, a formula has been used to set the raw water rental rate, incorporating the NPIC assessment and share allocation to ensure the cost of the NPIC assessment was fully paid by the renter. This same method is proposed for 2017. The rental rate per acre-foot will be equal to the assessment divided by the sum of the April allocation of MU and AG water plus a $2.00 per acre-foot administration fee, then rounded up to the nearest dollar. The actual rate will not be known until after the allocation is made in early April. In some years there is a special class of NPIC water available for agricultural users for a very limited time early in the irrigation season. This Early AG water has a limited rental market and thus warrants a significantly lower rate. If Early AG water is available in 2017, staff proposes a rental rate of $15 per acre-foot to reflect its limited use. Table 4A (Attachment 4) compares the calculated rates to rates approved by City Council for years 2011 through 2014. In most years, the two rates differed by only a few dollars. The exception was 2013 where the calculated rate would have been $42.00 and the City Council-set rate was $30.00. It should be noted that in 2013 very few NPIC rentals were made due to water restrictions imposed by the City related to water quality impacts of the High Park fire, coupled with low storage levels in the CBT system. Table 4B provides a possible range of calculated 2017 rental rates using the 2017 assessment of $210 with different potential allocations. Procedures - Utilities will continue to use a proportionate allocation method based on the requester’s acreage, as has been done since 2008. This allocation method uses information provided by renters about their total land holdings served under the NPIC system. These requesting acreages are then added together and divided into the total volume of City-owned NPIC water available for rent in a given year. This acre-foot per acre ratio is then applied to each of the requesters’ land holdings to determine the maximum amount of rental water available for each requester. This allocation method was developed at the request of NPIC renters in order to provide some water to all requesters each year. Colorado Big Thompson Water (CBT) Rental Rate - Utilities receives CBT water through allotment contracts with the Northern Colorado Water Conservancy District (Northern) and through its ownership of NPIC shares. To use CBT water from its NPIC shares, the MU portion of the share is transferred as CBT water into the Utilities’ CBT account. Utilities typically holds some of the NPIC MU water for potentially high summer demands, then rents it to other (non- NPIC) renters later in the year if it was not needed. In the past, Utilities did not pay any fees on this type of transfer. However, beginning in 2015, Northern instituted a transfer fee for this type of operation. The transfer fee is based on the CBT allocation, which varies from year to year. The 2016 fee for this particular transfer was $49.14 per acre-foot. Depending on the CBT quota, the fee for this transfer in 2017 will likely be closer to $60 per acre-foot. The assessed transfer fee is added to the cost of the rental. This additional fee has resulted in a reduction in the number of CBT rentals made for each of the past two years. This year, staff again recommends rentals of CBT water be made at a rate equal to the calculated NPIC rate plus the cost of any transfer fees associated with the rental. Procedures - Utilities will first meet the CBT delivery obligations to City departments and other entities with delivery agreements. Surplus CBT water will then be offered to water users on ditches that run through town. These ditches, known collectively as the “Southside Ditches”, include the Arthur, New Mercer, Larimer No 2, and Warren Lake Reservoir. The Pleasant Valley Lake and Canal Company (PVLC) is also included in this tier. 15 Packet Pg. 169 Agenda Item 15 Item # 15 Page 3 Surplus CBT water will next be made available to other Poudre Basin water users. Finally, in the event any surplus CBT water remains, it will be offered to others within the entire Northern District. Water Supply and Storage Company (WSSC) Rental Rates - Water Supply and Storage Company shares can only be rented to water users under that system. This has been an active rental market and the recent historical rental rate of a WSSC share is $1,000 over assessment. It is recommended this method be used to calculate the WSSC share rental rate for 2017, resulting in a rate of $4,000 per share. Procedures - Shares will be offered via lottery as in past years. Reusable/Fully Consumable Sources Utilities has occasional rental demand for reusable sources, as well as “fully consumable” sources (such as those decreed for augmentation and replacement uses) to satisfy State requirements for substitute water supply and augmentation plans. Utilities’ primary reusable sources are Joe Wright Reservoir water and reusable effluent from Utilities’ water reclamation facilities, but may also include water from Rigden Reservoir. It is proposed the rental rate for these sources be set at $600 per acre-foot for 2017. RAW WATER DELIVERY CHARGES Poudre Valley and Lake Canal Company (PVLC) and the Southside Ditches Delivery Charges This category sets charges for water delivered for use on City facilities, such as parks and golf courses, or water delivered for use by other entities having met the Utilities’ raw water requirement. Non-City entities with raw water delivery agreements are typically HOAs and the Poudre School District. It is proposed the delivery charges be set at 110% of the irrigation companies’ per share annual assessments. This is to help offset administrative costs. Reusable Water Delivery Charges Utilities has delivery obligations for reusable water where the Utilities’ raw water requirement has been met. For these obligations it is proposed to charge a fee of $120 per acre-foot to help offset operational and administrative costs. CITY FINANCIAL IMPACTS Revenue from the rental and delivery of raw water is expected to be approximately $500,000 for 2017. Revenues generated by rentals helps off-set the annual cost to Utilities of raw water ownership. BOARD / COMMISSION RECOMMENDATION At its February 16, 2017 meeting, the Water Board unanimously voted to recommend City Council adopt the proposed formulas and fixed rates for the 2017 raw water rental rates and delivery charges as proposed by Utilities staff. PUBLIC OUTREACH Announcements were made at the NPIC and WSSC irrigation company annual meetings regarding the availability of rental water and the processes for making requests. 15 Packet Pg. 170 Agenda Item 15 Item # 15 Page 4 ATTACHMENTS 1. Proposed Rental Rates and Delivery Charges (PDF) 2. Water Assessments (PDF) 3. Water Rental Rates and Delivery Charges (PDF) 4. Calculated and Actual Rental Rates for NPIC water (PDF) 5. Water Board minutes, February 16, 2017 (draft) (PDF) 15 Packet Pg. 171 ATTACHMENT 1 Table 1 Proposed Rental Rates and Delivery Charges Type of Water Rental Rates/Charges Surplus Rental Rates NPIC – Early AG (per ac-ft) $ 15.00 NPIC – AG or MU (per ac-ft) $ [Assessment/ (MU+AG Allocation)] +$2.00 CBT (per ac-ft) $ Calculated NPIC rental rate plus any Northern transfer fees WSSC (per share) $ Assessment +$1000.00 Reusable Sources (per ac-ft) $ 600.00 Raw Water Delivery Charges Arthur Irrigation Co. (per share) $ (110 % of annual assessment) Larimer County Canal No. 2 (per share) $ (110 % of annual assessment) New Mercer Ditch Co. (per share) $ (110 % of annual assessment) Pleasant Valley & Lake Canal Co. (per share) $ (110 % of annual assessment) Warren Lake Reservoir Co. (per share) $ (110 % of annual assessment) Sherwood Res. Co. (per share) $ (110 % of annual assessment) Sherwood Irrigation Co. (per share) $ (110 % of annual assessment) Reusable Sources (per ac-ft) $ 120.00 Notes: (1) Rental rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. (2) The April allocation will be used to set the NPIC AG/MU price. (3) Rates and charges are rounded up to the nearest dollar. (4) The transfer fee charged on CBT rentals will be based on the quota at the time of the transfer. ATTACHMENT 1 15.1 Packet Pg. 172 Attachment: Proposed Rental Rates and Delivery Charges (5336 : Raw Water Rental and Delivery Rates) ATTACHMENT 2 Table 2 Water Assessments 2015 2016 2017 CBT (NCWCD, $/unit) 30.50 35.50 42.40 North Poudre Irrigation Co. ($/sh) 200.00 200.00 210.00 Water Supply & Storage Co. ($/sh) 2,900.00 2,900.00 3,000.00 Arthur Irrigation Co. ($/sh) 20.00 57.00 50.00 Larimer County Canal #2 ($/sh) 350.00 450.00 600.00 New Mercer ($/sh) 450.00 450.00 750.00 Pleasant Valley & Lake Canal ($/sh) 185.00 185.00 190.00 Warren Lake ($/sh) 500.00 250.00 400.00 Sherwood Reservoir ($/sh) 160.00 57.00 57.00 Sherwood Irrigation ($/sh) 1,500.00 1,500.00 1,545.00 Reusable Sources ($/ac-ft) n/a n/a n/a ATTACHMENT 2 15.2 Packet Pg. 173 Attachment: Water Assessments (5336 : Raw Water Rental and Delivery Rates) ATTACHMENT 3 Table 3 Water Rental Rates and Delivery Charges Source 2015 2016 2017 Surplus Water Rental Rates CBT Water ($/ac-ft) 59.00 45.00 NPIC rate Transfer fee – NPIC CBT to City ($/ac-ft) 41.43 49.14 Determined in April NPIC – Early AG ($/ac-ft) 15.00 15.00 15.00 NPIC – AG or MU ($/ac-ft) 59.00 45.00 Determined in April Water Supply & Storage Co ($/sh) 3,500.00 3,900.00 4,000.00 Reusable Sources ($/ac-ft) 600.00 600.00 600.00 Raw Water Delivery Charges Arthur Irrigation Co. ($/sh) 22.00 63.00 70.00 Larimer County Canal #2 ($/sh) 385.00 495.00 660.00 New Mercer ($/sh) 495.00 495.00 825.00 Pleasant Valley & Lake Canal ($/sh) 203.50 204.00 209.00 Warren Lake ($/sh) 550.00 275.00 440.00 Sherwood Reservoir ($/sh) 176.00 63.00 63.00 Sherwood Irrigation ($/sh) 1,650.00 1,650.00 1,700.00 Reusable Sources ($/ac-ft) 120.00 120.00 120.00 Notes: (1) Rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. (2) Charges for those who have satisfied the City’s raw water requirements are set at 110% of the assessments charged by that company. (3) The transfer fee charged on CBT rentals will be based on the quota at the time of the transfer. ATTACHMENT 3 15.3 Packet Pg. 174 Attachment: Water Rental Rates and Delivery Charges (5336 : Raw Water Rental and Delivery Rates) ATTACHMENT 4 Table 4A Calculated and Actual Rental Rates for NPIC Water (for years prior to using the calculated method) 2011 2012 2013 2014 NPIC Assessments ($/share) 110.00 110.00 120.00 130.00 April AG Allotment (acre-feet/share)2.00 1.00 1.00 2.00 April MU Allotment (acre-feet/share)2.00 3.25 2.00 2.20 Total April Allotment (acre-feet/share) 4.00 4.25 3.00 4.20 Assessment Cost ($/acre-foot) 27.50 25.88 40.00 30.95 Administration Fee ($/acre-foot) 2.00 2.00 2.00 2.00 Calculated Rental Rate ($/acre-foot) 30.00 28.00 42.00 33.00 Actual Rental Rate Charged ($/acre-foot) 30.00 30.00 30.00 35.00 Table 4B Anticipated Range of NPIC Rental Rates for 2017 NPIC Assessment ($/share) 210.00 210.00 210.00 210.00 April Ag Allotment (acre-feet/share) 1.25 1.50 2.00 2.50 April MU Allotment (acre-feet/share) 2.25 2.50 2.75 3.00 Total April Allotment (acre-feet/share) 3.50 4.00 4.75 5.50 Assessment Cost ($/acre-foot) 60.00 52.50 44.21 38.18 Administration Fee ($/acre-foot) 2.00 2.00 2.00 2.00 Calculated Rental Rate ($/acre-foot) 62.00 55.00 47.00 41.00 ATTACHMENT 4 15.4 Packet Pg. 175 Attachment: Calculated and Actual Rental Rates for NPIC water (5336 : Raw Water Rental and Delivery Rates) Excerpt from Unapproved Water Board Minutes – February 16, 2017 2017 Raw Water Rental Rates and Delivery Charges (Attachments available upon request) The City is a shareholder in several local irrigation companies and also holds allotment contracts for delivery of Colorado Big-Thompson Project (CBT) water. Once treated and raw water demands have been met – to Utilities ratepayers, HOAs, Poudre School District, and several City departments – in most years surplus water exists that can be rented to other water users. Water Resources Engineer Meagan Smith summarized the rates and charges staff is proposing for 2017. The rates and charges are used to invoice agricultural, contractual, and other raw water users. The item is scheduled for two readings before City Council in March. Discussion Highlights Board members commented and inquired about various related topics, including the formulas used to determine proposed rental rates and delivery charges, raw water customers’ reaction to the Rule 11 Transfer Fee (formula used to calculate the fee the City pays for all CBT water transferred out of the North Poudre Irrigation Company system), and the amount of total demand last year (26,000 af), Board Member Steve Malers moved that Water Board recommend City Council adopt the proposed formulas and fixed rates for the 2017 raw water rental rates and delivery charges as proposed by Utilities staff. Board Member Michael Brown seconded the motion Vote on the motion: It passed unanimously 10-0 ATTACHMENT 5 15.5 Packet Pg. 176 Attachment: Water Board minutes, February 16, 2017 (draft) (5336 : Raw Water Rental and Delivery Rates) -1- ORDINANCE NO. 041, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING RENTAL RATES AND DELIVERY CHARGES FOR USE OF THE CITY’S RAW WATER FOR 2017 WHEREAS, pursuant to Article XII, Section 4 of the City Charter, if at any time the water supply is greater than the immediate needs of the City and its inhabitants, the City Council may authorize the City Manager to permit the use of such surplus water by consumers outside the City at such rates as the City Council may prescribe, provided that no vested right shall accrue under such permits; and WHEREAS, pursuant to Article XII, Section 6 of the City Charter, the City Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees, or charges for water furnished by the City as will produce revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities; and WHEREAS, the Water Board discussed the rental program and the rates on February 16, 2017, and recommended that the rental rates and delivery charges set forth herein be prescribed; and WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding rental rates of surplus raw water for 2017, as set forth in the following table, to be made available to persons outside the City or persons who have not been deemed to have satisfied the City’s raw water requirements: RATES FOR RENTALS OF SURPLUS RAW WATER Type of Water Rate Per Acre Foot North Poudre Irrigation Company (NPIC): Early Agricultural Use Water $15.00 per acre foot NPIC: Seasonal Agricultural Use and Multiple Use Water (Annual Assessment for 2017 / (Sum of Allocation of Seasonal Agricultural Use and Multiple Use Water per share)) + $2.00 per acre foot Colorado-Big Thompson Water from the Northern Colorado Water Conservancy District (NCWCD) Rate for NPIC: Seasonal Agricultural Use and Multiple Use Water + any NCWCD transfer fees calculated at the time of transfer Reusable / Other “Fully Consumable” Sources $600.00 per acre foot Type of Water Rate Per Share Water Supply and Storage Company Annual Assessment for 2017 + $1,000.00 share ; and Packet Pg. 177 -2- WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding raw water delivery charges for 2017, as set forth in the following table, to be made available to persons deemed to have satisfied the City’s raw water requirements: RAW WATER DELIVERY CHARGES Type of Water Rate Per Share Arthur Irrigation Company 110% of Annual Assessment for 2017 Larimer County Canal No. 2 Irrigating Company 110% of Annual Assessment for 2017 New Mercer Ditch Company 110% of Annual Assessment for 2017 Pleasant Valley and Lake Canal Company 110% of Annual Assessment for 2017 Warren Lake Reservoir Company 110% of Annual Assessment for 2017 Sherwood Reservoir Company 110% of Annual Assessment for 2017 Sherwood Irrigation Company 110% of Annual Assessment for 2017 Type of Water Rate Per Acre Foot Reusable Other “Fully Consumable” Sources $120.00 per acre foot ; and WHEREAS, the rental rates and delivery charges will be rounded up to the nearest dollar, when necessary; and WHEREAS, the rental rates and delivery charges will be adjusted by City staff, as necessary, to reflect the remaining yield or the prevalent market price of the water or shares being rented in order to prevent undue economic loss to the City; and WHEREAS, City Council finds that the rates set forth herein are appropriate and will provide revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities. 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 rental rates and delivery charges set forth above are hereby approved as the City’s rental rates and delivery charges for 2017. Section 3. The City Manager and the Utilities Executive Director are authorized to rent or deliver such raw water at the rental rates and delivery charges set forth above, provided that the rental rates and delivery charges set forth above may be adjusted by the Utilities Executive Director as he determines necessary to reflect the remaining yield for the prevalent market price of the water or shares being rented in order to prevent undue economic loss to the City. Packet Pg. 178 -3- Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 179 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council POSTPONED TO MARCH 21, 2017 STAFF Carol Webb, Water Resources/Treatmnt Opns Mgr Kevin Gertig, Utilities Executive Director SUBJECT Items Relating to the Resolution of Issues Concerning Josh Ames Water Certificates. EXECUTIVE SUMMARY A. Resolution 2017-028 Authorizing the City Manager to Execute Agreements with the Holders of Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971. B. First Reading of Ordinance No. 042, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify the Acceptance of Water Certificates Issued Pursuant to an Agreement Dated May 10, 1971, to Meet Raw Water Requirements. The purpose of this item is to comprehensively address issues concerning water certificates the City issued under a May 10, 1971, agreement with The Josh Ames Ditch Company (Josh Ames Certificates), which have and will otherwise continue to raise disputes with the holders of such certificates. As set forth in this item, these issues and disputes are to be addressed through two related proposals. The first proposal is a resolution authorizing the City Manager to enter into agreements with the holders of water certificates created under a May 10, 1971, agreement between the City and The Josh Ames Ditch Company in order to convert those certificates to City water certificates at an “exchange rate” of three acre-feet rights per Josh Ames Certificate. The second proposal is an ordinance amending certain sections of Chapter 26 of the City Code to clarify how Josh Ames Certificates are used to meet the City Code raw water requirements for treated water service. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Historical Background The Josh Ames Irrigating Ditch (Ditch) was constructed in 1867 for irrigation purposes. A water right was decreed to the Ditch (Josh Ames Water Right). The Ditch and the Josh Ames Water Right came under the ownership of the Josh Ames Ditch Company (Josh Ames Company). In the late 1960s and early 1970s, the City sought to increase its water supply to meet growing demands. The City entered into an agreement, dated February 18, 1971, with the North Poudre Irrigation Company (North Poudre). Pursuant to that agreement, North Poudre conveyed its interests in Joe Wright Reservoir and the Michigan Ditch system to the City, and in exchange, the City agreed to provide North Poudre with the equivalent of 3,355 acre-feet of water per year (or rights equivalent thereto). Agenda Item 16 Item # 16 Page 2 The City used water attributable to the Josh Ames Water Right to meet part of this obligation to North Poudre. The City acquired the Josh Ames Water Right from the Josh Ames Company pursuant to a May 10, 1971 agreement (Josh Ames Agreement). The City then changed the Josh Ames Water Right through a Water Court proceeding so that North Poudre could use it. Specifically, the City changed the Josh Ames Water Right in Water Court Case No. W-1424, in which the Water Court decreed that the Josh Ames Water Right can be used in the North Poudre system, with the ten-year average annual diversions under the Josh Ames Water Right not to exceed 1,757 acre feet. The City then conveyed the Josh Ames Water Right to North Poudre. Terms of the Josh Ames Agreement Under the Josh Ames Agreement, the Josh Ames Company agreed to convey the Josh Ames Water Right to the City, and in exchange, the City agreed to deliver to the Josh Ames Company certain “water certificates” (referred to here as “Josh Ames Certificates”). The Josh Ames Agreement provides that the owner of a Josh Ames Certificate is entitled to use it, upon the annexation of land into the City, to fulfill the City’s water furnishing requirement for one-eighth acre of land. Specifically, Paragraph 3 of the Josh Ames Agreement states: Each certificate will entitle the owner, upon annexation of property to The City of Fort Collins, to fulfill any requirement for the furnishing of water imposed by The City of Fort Collins, in the ratio of one-eight (1/8) acre of land for each certificate surrendered to the City. Each such certificate shall be accepted by the City as fulfilling water requirements for annexation in the ratio of one certificate for each one- eighth (1/8) acre of land annexed, whatever may be the requirements of present or future ordinances effecting such annexation. Paragraph 5 of the Josh Ames Agreement states: Each certificate shall be freely transferable by the holder, by endorsement on the certificate itself; it being the intent hereof that the certificate may be used to fulfill water requirements for any lands to be annexed by the City, and not limited to lands now irrigated by the Josh Ames Ditch. City Code at the Time of the Josh Ames Agreement Under City Code at the time the Josh Ames Agreement was negotiated and executed, all premises requesting original water service, including but not limited to properties included in all proposed annexations, had to furnish water rights to the City in the amount of two acre-feet of water per acre to be served, or to make a cash payment. Subsequent revisions to City Code in 1971 and 1974 increased the amount of water required to be furnished to the City to four and a half acre-feet of water per acre to be served (net acres) though subdividers also had the option to furnish to the City three acre-feet of water per acre if they calculated the total area of the proposed subdivision, including all street, rights-of-way, common areas, parks and the like (gross acres). Revisions to City Code After the Josh Ames Agreement The City enacted Ordinance No. 123, 1983 on October 18, 1983. As stated in this Ordinance, the water furnishing requirements based upon an acre-foot volume of water per acre of land to be served may be insufficient to adequately compensate the City for the actual water usage of a development requiring water service in certain circumstances. The Director of Water Utilities was thus empowered to determine that the acreage-based requirements were inadequate to compensate the City for the actual water usage of a development requiring water service, to determine the volume of raw water necessary to so compensate the City, and to require the furnishing thereof. The City enacted Ordinance No.012, 1984 on February 7, 1984. Through this Ordinance, the City replaced the previous approach of requiring that applicants furnish water rights to the City based on a certain acre-foot amount of water per acre to be served with a new approach that is still in use today. Under this new approach, applicants for residential water service must furnish water rights to the City based on a formula factoring in the number of dwelling units and the number of net acres. Applicants for nonresidential water service must furnish water rights to the City based on their tap size or the applicant’s estimated peak annual use. For applicants for Agenda Item 16 Item # 16 Page 3 nonresidential water service, the amount of the water rights furnished to the City also becomes the basis for the annual allotment for the applicant. When a nonresidential customer uses more water than the annual allotment, a raw water surcharge is assessed on the volume of water used in excess of the annual allotment. Neither ordinance expressly addressed Josh Ames Certificates. Acceptance of Josh Ames Certificates Josh Ames Certificates are thus based on the acreage of the subject land whereas City Code is not. The issue of how to handle the use of Josh Ames Certificates under the Josh Ames Agreement and City Code to meet City Code’s water furnishing requirement, now called the raw water requirement (RWR), has historically been challenging for the City. To address these challenges, staff developed an internal policy, dated October 16, 2006 (Policy) that outlined two methods under which Josh Ames Certificates may be accepted. The first method under the Policy is identified as the “Area Method.” Under the Area Method, the area of a parcel is used to determine the number of Josh Ames Certificates required with each certificate satisfying the RWR for one-eighth acre. The second method under the Policy is identified as the “Acre-Foot Method.” Under the Acre-Foot Method, the value of each Josh Ames Certificate is 0.5625 acre-foot per certificate. The 0.5625 acre-foot per certificate value is based on a RWR of four and half acre-feet per acre of land to be served (net acres) divided by eight Josh Ames Certificates needed per acre (4.5 acre-feet per acre / 8 certificates per acre). The RWR used in this calculation was the largest historical RWR under the acreage-based approach. If the water furnishing requirement of 2 acre-feet per acre in effect at the time of the Agreement were used, each Josh Ames Certificate would only be worth 0.25 acre-feet. A total of 5,768 Josh Ames Certificates were originally issued to shareholders of the Josh Ames Company pursuant to the Josh Ames Agreement. The 0.25 acre-feet value per certificate thus closely aligns with the 1,757 acre-feet original yield of the Josh Ames Water Right. The Policy was intended to provide clear guidelines to staff on how to apply Josh Ames Certificates to the RWR under City Code. However, application of the Policy has not addressed all challenges, including the application of annual allotments to nonresidential customers utilizing Josh Ames Certificates to satisfy the RWR under the Area Method. Proposed Agreement Staff initially proposed amendments to City Code in 2015 (as discussed below) to expressly address the use of Josh Ames Certificates to meet the RWR and related issues. Certain Josh Ames Certificate holders voiced strong opposition to the proposed amendments. City staff engaged in discussions with certain certificate holders over a period of approximately one year to discuss their concerns and potential alternative options. A result of that discussion is a proposed agreement that provides current Josh Ames Certificate holders with up to one year from the date of the below Code changes go into effect to convert City water certificates at an “exchange rate” of three acre feet of City water certificate per Josh Ames Certificate. Josh Ames Certificates that are not transferred into City water certificates within that period would be subject to clarifications outlined in the proposed City Code amendments. Staff notes that the resolution authorizing the City Manager to enter into such agreements with Josh Ames Certificate holders would be contingent upon the proposed Code changes going into effect. Proposed Code Changes City Code does not expressly address how the acreage-based Josh Ames Certificates should be accepted to meet the RWR. The proposed Code changes would expressly address this issue. The proposed Subsection 26-149(g)(1) would expressly set forth how Josh Ames Certificates are to be accepted to meet the RWR and how an annual allotment is to be applied. Pursuant to the terms of the Josh Ames Agreement, this proposed subsection states that the City will continue to meet the RWR upon the Agenda Item 16 Item # 16 Page 4 annexation of land into the City, each certificate shall be accepted by the City as fulfilling the RWR in the ratio of one certificate for each one-eighth acre of land annexed. The holders of Josh Ames Certificates thus continue to benefit from the terms of the Josh Ames Agreement and the City continues to meet its obligations under the Agreement. Under Subsection 26-149(d), an annual allotment must be imposed on all nonresidential applicants applying for water service after March 1, 1984. However, as discussed above, it is not clear how the annual allotment is to be calculated for applicants using Josh Ames Certificates to meet the RWR. Under City Code Subsections 26-149(c)-(d), when an applicant is using a tap that is larger than two inches or has more than one tap, the annual allotment is calculated based on the applicant’s estimate of peak annual use, as accepted and approved by the Utilities Executive Director. It is not expressly clear under current City Code how the annual allotment is to be calculated when an applicant has one tap two inches or smaller. The proposed Subsection 26-149(g) applies the rationale of City Code Subsections 26-149(c)-(d) to all applicants using Josh Ames Certificates to meet the RWR and states that an annual allotment must be imposed for applicants requesting nonresidential water service that is equal to the applicant’s estimate of peak annual use on the annexed land. An applicant using Josh Ames Certificates to meet the RWR will still have to meet all other applicable requirements and pay all other applicable fees for water service, such as water plant investment fees (WPIFs). The Josh Ames Agreement limitation that the City is only obligated to accept Josh Ames Certificates upon annexation. The proposed Subsection 26-149(g) provides a one hundred day period, which is based on the sum of the 90 day period during which land annexed into the City has to be zoned and the 10 day period after which ordinances typically go into effect. This also provides applicants with a reasonable period of time of over three months to request water service under the Josh Ames Agreement. The proposed Subsection 26-149(g)(2) would codify the City’s historical practice of accepting Josh Ames Certificates when the City was not obligated to do so under the Josh Ames Agreement, such as at times when land was not being annexed into the City. This subsection requires that Josh Ames Certificates be accepted as equaling 0.5625 acre-feet of water, which is consistent with historical practice and conforms to the reasonable expectations of the owners of Josh Ames Certificates. As noted above, the 0.5625 acre-feet of water per certificate is also a significantly larger value than each certificate would be worth using the water furnishing requirement in effect at the time the Agreement was executed. CITY FINANCIAL IMPACTS Continuing to accept Josh Ames Certificates utilizing the current processes has a negative financial impact on the City. When Josh Ames Certificates are accepted by the City for new development, the City does not receive cash or water rights to serve future development. Instead, the development must be served by current financial and water resources. In addition, the current approach does not allow the City to adequately plan for its raw water needs. When Josh Ames Certificates are accepted using the “Area Method,” the acre-foot value of each certificate varies significantly, which creates challenges for planning for supplies for future development. The proposed agreement with Josh Ames Certificate holders and concurrently proposed Code amendments are intended to address the current uncertainty regarding the acre-foot value of each certificate and the associated financial impacts articulated above. BOARD / COMMISSION RECOMMENDATION The Water Board discussed the proposed Josh Ames City Code amendments in its October 15, 2015 meeting. However, the Water Board did not make a recommendation pending the outcome of future discussions with Josh Ames Certificate holders. Water Board will consider a recommendation of the current proposed Code amendments at its March 16, 2017 meeting. The Board will not meet prior to the City Council’s consideration of the proposed agreement. Agenda Item 16 Item # 16 Page 5 PUBLIC OUTREACH Significant public outreach to known Josh Ames Certificate holders was conducted on this item in 2015, including:  Direct communication with all known current and past Josh Ames Certificate holders and legal representatives, either via email or phone.  Direct communication with Key Account Customers who have utilized Josh Ames Certificates with Utilities in the past, via email and phone.  Public notice in the Coloradoan notifying the public of the proposed Code change. This ran from September 8 through September 17.  Public open house on September 24, 2015, which included formal presentations explaining the proposed Code change. Following this outreach and throughout 2016, staff met with certain Josh Ames Certificate holders regarding the City’s proposal and some potential options to address their concerns, which resulted in the proposed agreement discussed above. Outreach conducted since that time is similar in nature to that conducted in 2015, with the addition of articulating the agreement option for certificate holders. To date, certificate holders who have contacted City staff are amenable to the proposed agreement and associated Code amendments. -1- RESOLUTION 2017-028 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE HOLDERS OF WATER CERTIFICATES ISSUED PURSUANT TO AN AGREEMENT DATED MAY 10, 1971 WHEREAS, the City entered into an Agreement with the Josh Ames Ditch Company, dated May 10, 1971, pursuant to which certain water certificates (“Josh Ames Certificates”) were created and pursuant to which the owners of a such certificates are entitled to use them, upon the annexation of land into the City, to fulfill the City’s water furnishing requirement for one-eighth acre of land; and WHEREAS, the acre-foot value of each Josh Ames Certificate has historically varied significantly depending on the type of use for each development using such certificates to fulfill the City’s water furnishing requirement; and WHEREAS, in Ordinance No. 123, 1983, and Ordinance No. 012, 1984, the City Code was amended to base the requirements for furnishing raw water for City water service on factors other than the acreage of the subject land; and WHEREAS, the use of Josh Ames Certificates has created various challenges for the Water Utility including, but not limited to: (1) a lack of clarity regarding how Josh Ames Certificates are to be used to meet City’s raw water furnishing requirements under City Code, and (2) a lack of certainty regarding the amount of water supplies that the City’s Water Utility needs in order to deliver treated water to developments using Josh Ames Certificates to fulfill the City’s water furnishing requirement including related financial questions; and WHEREAS, said challenges would be significantly reduced if the City were to treat the outstanding Josh Ames Certificates as City-issued water certificates being equivalent to a defined number of acre-foot rights; and WHEREAS, Water Utility staff has performed various and extensive analyses and investigations regarding Josh Ames Certificates and what number of acre-foot rights the outstanding Josh Ames Certificates are equivalent to; and WHEREAS, it has been concluded that, for the purposes of the form of agreement discussed below, City-issued water certificates at a ratio of three acre-feet per Josh Ames Certificate is an appropriate and reasonable equivalency, based on numerous factors including, but not limited to, the fact that it addresses certain risks to the Water Utility, is based on reasonable predications of future land and water use in the Water Utility water service area, and meets the reasonable expectations of the holders of Josh Ames Certificates; and WHEREAS, City staff has negotiated the form of agreement attached hereto as Exhibit A, pursuant to which the City and a holder of Josh Ames Certificates would treat the holders’ Josh Ames Certificates as City-issued water certificates being equivalent to three acre- Packet Pg. 185 -2- foot rights per Josh Ames Certificate, subject to the terms and conditions of the attached form of agreement; and WHEREAS, certain proposed changes to Sections 26-149 and 26-150 of City Code concerning Josh Ames Certificates are also pending before City Council in proposed Ordinance No, 042, 2017 for the general purpose of clarifying City Code regarding how Josh Ames Certificates are to be used to meet City’s raw water furnishing requirements under City Code; and WHEREAS, authorizing the City Manager to enter into the attached form of agreement should be contingent upon the effective date of said Ordinance, pursuant to Article II, Section 7 of the City Charter, in order to, among others things, orderly enact a comprehensive clarification of the matter of Josh Ames Certificates; and WHEREAS, authorizing the City Manager to enter into the attached form of agreement for one year from the effective date of said Ordinance would provide the Water Utility with the benefits of the attached form of agreement and provide the holders of Josh Ames Certificates with adequate time to execute the attached form of agreement if they so desire; and WHEREAS, the City Manager and City staff have recommended to the City Council that this Resolution be adopted. 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 contingent upon the final adoption of Ordinance No. 042, 2017, and upon its effective date, the City Manager is hereby authorized to enter into an agreement with any holder of one or more Josh Ames Certificates using the form of agreement attached hereto as Exhibit “A,” provided he do so within one year of the effective date of Ordinance No. 042, 2017. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of March, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 186 Page 1 of 6 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE OWNER OF CERTAIN JOSH AMES CERTIFICATES This Agreement is entered into by and between the following Parties: the City of Fort Collins, Colorado, a Colorado municipal corporation (“City”); and ________________________ (“Owner”). RECITALS A. The City is a home rule municipality that owns and operates Fort Collins Utilities (“Utilities”). B. The City entered into an Agreement with the Josh Ames Ditch Company, dated May 10, 1971 (“Josh Ames Agreement”), pursuant to which certain water certificates were created (“Josh Ames Certificates”). C. In Ordinance No. 123, 1983, and Ordinance No. 12, 1984, City Code was amended to base the requirements for furnishing raw water for City water service on factors other than the acreage of the subject land. D. The Josh Ames Agreement, Josh Ames Certificates, and the above-referenced amendments to City Code have created various uncertainties for the City and the owners of Josh Ames Certificates. The resolution of these issues with respect to Owner’s Josh Ames Certificates will be to the benefit of the City and Owner. E. Owner’s Josh Ames Certificates which are subject to this Agreement are set forth in Exhibit A (“Subject Josh Ames Certificates”). F. As set forth in this Agreement, the City and the Owner have agreed that the Subject Josh Ames Certificates shall continue to be recognized as City-issued water certificates, except as amended pursuant to the terms and conditions of this Agreement. AGREEMENT AND UNDERSTANDING 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. TREATMENT OF THE SUBJECT JOSH AMES CERTIFICATES. Each of the Subject Josh Ames Certificates shall continue to be treated as a City-issued water certificate pursuant to the terms and conditions of the Josh Ames Agreement and Josh Ames Certificates as amended herein, except that with each Subject Josh Ames Certificate being equivalent to three (3) acre foot rights, as opposed to the ONE-EIGHTH OF ONE ACRE of land so annexed. None of the Subject Josh Ames Certificates shall be used to fulfill the City’s water furnishing requirement for one-eighth acre of land, but rather shall be equivalent to three (3) acre feet, or such pro-rata amount for a fractional certificate, pursuant to the Josh Ames Agreement and the text of the Subject Josh Ames Certificates as amended herein. The terms and conditions of this EXHIBIT A 1 Packet Pg. 187 Attachment: Exhibit A (5348 : Josh Ames RESO) Page 2 of 6 Agreement shall apply to the Subject Josh Ames Agreement regardless of whether they are transferred by Owner to others. 3. MARKING THE SUBJECT JOSH AMES CERTIFICATES. Simultaneously with the execution of this Agreement, each of the Subject Josh Ames Certificates has been marked with a stamp or printed language on the certificate indicating that they are subject to this Agreement. 4. USE OF THE SUBJECT JOSH AMES CERTIFICATES AND FREE TRANSFERABILITY. The owner(s) of the Subject Josh Certificates shall be entitled to use them to fulfill any requirement for the furnishing of water rights imposed by the City and each acre foot right shall be accepted as fulfilling one acre foot of water rights required for providing water service. By way of reference and not by way of limitation, the City requirements for the furnishing of water rights are currently set forth in Chapter 26, Division 5 of City Code. The Subject Josh Ames Certificates shall be turned over to Utilities staff when used for this purpose pursuant to City Code. Owner shall be entitled to transfer the ownership of the Water Certificates and the acre foot value they represent, in all or in part, by assignment or such other transfer instruments as may be appropriate. 5. OWNER’S WARRANTY OF OWNERSHIP. Owner hereby warrants that it/he/she is the lawful owner of the Subject Josh Ames Certificates and has the authority to enter into this Agreement. 6. CITY’S REPRESENTATION OF AUTHORITY. The City represents to Owner that it has the power and authority to enter into this Agreement and the individual signing below on behalf of the City has the authority to execute this Agreement on its behalf and legally bind the City. 7. JOSH AMES AGREEMENT. Except as expressly modified in this Agreement, the relevant terms and conditions of the Josh Ames Agreement are not modified. 8. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 9. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in accordance with the laws of the State of Colorado, insofar as any matter is not regulated by applicable laws of the United States. The Parties recognize that the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, as well as the parties respective bylaws, city charters and codes, and rules and regulations, impose certain legal constraints on each Party and that the Parties intend to carry out the terms and conditions of this Agreement subject to those constraints. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 1 Packet Pg. 188 Attachment: Exhibit A (5348 : Josh Ames RESO) Page 3 of 6 10. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. 11. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. This Agreement binds and benefits the Parties and their respective successors. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. CITY OF FORT COLLINS, COLORADO, a Colorado home rule city DATE: ___________________ By: ______________________________________ Darin A. Atteberry, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office 1 Packet Pg. 189 Attachment: Exhibit A (5348 : Josh Ames RESO) Page 4 of 6 DATE: __________________ OWNER: BY:______________________________________ ___________________________________ Print Name STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ___________, 20____, by _____________________. __________________________________ Notary Public My Commission Expires: _______________ 1 Packet Pg. 190 Attachment: Exhibit A (5348 : Josh Ames RESO) EXHIBIT A Subject Josh Ames Certificates The following are the Subject Josh Ames Certificates that are the subject of this Agreement: 1 Packet Pg. 191 Attachment: Exhibit A (5348 : Josh Ames RESO) -1- ORDINANCE NO. 042, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE ACCEPTANCE OF WATER CERTIFICATES ISSUED PURSUANT TO AN AGREEMENT, DATED MAY 10, 1971, TO MEET RAW WATER REQUIREMENTS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations of the water utility, as set forth therein; and WHEREAS, the City entered into an Agreement with the Josh Ames Ditch Company, dated May 10, 1971, pursuant to which certain water certificates (the “Josh Ames Certificates”) were created and pursuant to which the owners of a such water certificates are entitled to use them, upon the annexation of land into the City, to fulfill the City’s water furnishing requirement for one-eighth acre of land; and WHEREAS, in Ordinance No. 123, 1983, and Ordinance No. 012, 1984, the City Code was amended to base the requirements for furnishing raw water for City water service on factors other than the acreage of the subject land; and WHEREAS, there has since been a lack of clarity regarding how the Josh Ames Certificates are to be used to meet City’s raw water furnishing requirements under City Code; and WHEREAS, it is to the benefit of the City and to Utilities ratepayers to clarify City Code regarding this matter in a manner consistent with the Agreement; and WHEREAS, the City Manager and City staff have recommended to the City Council that the following changes be made. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-149 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-149. Raw water requirement; nonresidential service. . . . Packet Pg. 192 -2- (g) Notwithstanding any other provisions of this Division, water certificates issued by the City under the Agreement, dated May 10, 1971, between the City and the Josh Ames Ditch Company, shall be subject to the following: (1) If such certificates are used to meet the RWR upon the annexation of land into the City, each certificate shall be accepted by the City as fulfilling the RWR in the ratio of one certificate for each one-eighth (1/8) acre of land annexed, and if nonresidential service to the annexed land is requested, an annual allotment shall be imposed that is equal to the applicant’s estimate of peak annual use on the annexed land, provided that such estimate does not exceed the amount of water, as determined by the Utilities Executive Director, that can reasonably be delivered through the number and size of taps in the water service permit issued for the annexed land, that such estimate is based on the applicant’s documented intended use(s) of the annexed land, and that such estimate is first approved and accepted by the Utilities Executive Director. For the purposes of this subsection, “upon the annexation of land into the City” refers to the one hundred (100) day period beginning on the day the ordinance of annexation is approved by Council on second reading. (2) If such certificates are used for purposes related to water service from Utilities under this Section 26 at any time other than upon the annexation of land into the City pursuant to the foregoing subsection, each certificate shall be accepted by the City and calculated as equaling nine-sixteenths (9/16) acre foot of water, and an annual allotment shall be imposed pursuant to this Section. (gh) Applicants seeking a temporary water connection under Subsection 26-120(e)(1) shall meet the RWR and shall be assigned an annual allotment as set forth in this Subsection. The RWR for such applicants shall be three times the maximum estimated amount of water that would be applied to the subject native vegetation during one irrigation season, as determined by the Utilities Executive Director. The annual allotment shall for such applicants shall be the maximum estimated amount of water that would be applied to the subject native vegetation during one irrigation season, as determined by the Utilities Executive Director. Section 3. That Section 26-150 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-150. Raw water requirements; satisfaction. (a) The RWR imposed pursuant to this Division may be satisfied by one (1) or more of the following methods: (1) Water rights acceptable to the City may be transferred to the City. The Water Board determines which water rights are acceptable to the City and determines the appropriate conversion factors to be used in determining the yield Packet Pg. 193 -3- from each of the acceptable sources. The determinations of the board are final and conclusive. (2) Water certificates issued by the City may be submitted in satisfaction of the RWR. The value of each certificate shall be as stated on the face of the certificate and pursuant to § 26-149(g), if and to the extent applicable. . . . Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 194 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Carol Webb, Water Resources/Treatmnt Opns Mgr Kevin Gertig, Utilities Executive Director SUBJECT Resolution 2017-029 Approving the Charter of the Regional Water Collaboration Steering Committee. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of the Charter of the Regional Water Collaboration Steering Committee (Steering Committee). The Steering Committee is composed of members of governing boards and staff of Fort Collins Utilities, East Larimer County Water District (ELCO), and Fort Collins-Loveland Water District (FCLWD). The proposed Steering Committee Charter articulates key regional water issues identified by the Steering Committee and the purpose and intended outcomes of regional water collaboration. The Charter outlines the Steering Committee’s purpose, goals, membership, governance structure, and expected deliverables. The Charter formalizes a commitment from each water provider to investigate and pursue collaborative opportunities where it makes sense and where customers and residents within the Growth Management Area (GMA) will realize a benefit. All future meetings of the Steering Committee will be open to the public. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION A Regional Water Collaboration Workshop was held on May 31, 2016, to discuss regionalization prospects and further collaboration among water providers serving residents within and near Fort Collins’ GMA. The workshop was attended by representatives from the City of Fort Collins, ELCO, FCLWD, and North Weld County Water District (NWCWD). Representatives included members of governing boards and staff from each entity. Workshop attendees discussed opportunities and barriers to regional water collaboration. The participants agreed that, while all entities are providing a consistently high level of water service to customers within their respective service areas, there are opportunities to collaborate where shared goals and purpose exists. Participants desired to further discussions to that end by appointing a Steering Committee consisting of two representatives from each governing board and water managers from each entity. The Steering Committee was directed to develop a charter articulating next steps and to provide such a charter to all governing boards for approval. NWCWD’s Board members declined to participate in the Steering Committee; however, the NWCWD Manager desired to remain engaged in the discussion. City Council appointed Mayor Pro Tem Gary Horak and Councilmember Gino Campana to the Steering Committee by Resolution 2016-049, adopted June 21, 2016. 17 Packet Pg. 195 Agenda Item 17 Item # 17 Page 2 The Steering Committee convened four times between August 2016 and January 2017 to discuss regional water issues, the purpose and goals of water collaboration, forms of collaboration, and various considerations for each identified issue. The Steering Committee identified and deliberated on 10 key issues for regional water collaboration. Those issues are summarized in Attachment 1. The Steering Committee determined through a prioritization process that they would like to pursue three key issues at this time: 1. Coordination of water conservation and shortage response plans in the GMA. Such coordination will be focused on providing consistent water conservation programs, improving water efficiency, and aligning water shortage responses for each water provider across the GMA. 2. Improved water supply and drought planning Across the GMA. Such improvements will be focused on coordinating and aligning water supply and drought modeling; and planning activities and policies across the GMA to ensure adequate water supply is available for current and future residents. 3. Development of additional water supplies for the GMA. Such collaboration will focus on future water rights acquisitions to best leverage the current assets and future needs of each water provider. The Steering Committee discussed and prioritized other regional water issues. However, the Steering Committee will not pursue collaboration on those issues at this time. The Steering Committee will revisit those issues as progress is made on the top three priorities. Pursuit of the top three priority issues will include development of Strategy Roadmap for review and approval by the Steering Committee. Future Steering Committee meetings will be open to the public. CITY FINANCIAL IMPACTS The financial impact of developing the Strategy Roadmap is approximately $50,000, divided among the participating entities. The financial impact of completing the identified tasks to further regional water collaboration effort is not yet known. All funding needs will be discussed by the Steering Committee and any request for an additional appropriation of funds will be presented to City Council for approval. BOARD / COMMISSION RECOMMENDATION The Water Board discussed the Collaboration Charter at its December 1, 2016, Work Session. The attending Board members were supportive of the general direction the City is going related to regional collaboration on water issues and was supportive of the language articulated in the Collaboration Charter. PUBLIC OUTREACH The May 2016 Regional Water Collaboration Workshop was attended by approximately 50 members of the public and the public was provided with opportunities to comment on the City’s website. The Charter has also been discussed by the ELCO Board and the FCLWD Board. The ELCO Board approved the charter in late 2016. As the Steering Committee begins work on the top three priorities, other public outreach opportunities will be identified and pursued. Also, all future meetings will be open to the public. While comments will not be taken during the meeting, citizens may provide comments to City staff and committee members via phone and email. 17 Packet Pg. 196 Agenda Item 17 Item # 17 Page 3 ATTACHMENTS 1. Water Collaboration Issues Table (PDF) 17 Packet Pg. 197 Table of Potential Regional Water Collaboration Concepts 12/7/16 ISSUE PURPOSE FORM Summary of Committee Discussion “What problem are we trying to address?” “Why are we expending resources on this issue?” “What are we doing?” “What are we trying to accomplish?” “How do we accomplish what we want to do?” “Who is doing what?” “What are various associated risks (technical and legal)? ISSUE 1: Water Conservation Varying water conservation programs and measures in the GMA, causing confusion and concern for residents. Coordinate water conservation measures and programs in the GMA.  Agreements between parties (analogous agreements exist)  Coordinated and aligned policies between parties This issue was determined to be an opportunity for short term success  The districts can leverage the investment already made by the City in administration of the programs  Focus can be on the conservation programs offered that have the best ROI  Staff has already started meeting to discuss conservation opportunities  Districts need to offer to all customers  Could the City’s general fund subsidize some investment in rebates, etc. in areas of the GMA served by the Districts? ISSUE 2: Water Shortage Response Varying drought or water shortage response plans and policies in the GMA, causing confusion and concern among residents. Coordinate drought and water shortage response in the GMA.  Agreements between parties  Coordinated and aligned policies between parties Shortage response (focused on short term drought and shortage scenarios) was seen by the Committee as having overlap with water conservation efforts and an opportunity for short term success.  An understanding of each entity’s water portfolio and how we can best leverage those portfolios in a water shortage situation.  Collaboration could focus on sharing the City’s shortage response plan and see if it makes sense for the Districts based on their water rights portfolios.  Determine if current (or future) water sharing agreements could help in a short term shortage scenario.  Groups can bring water resources and conservation staff together to discuss.  Consider enacting water restrictions at the same time across the GMA. 1 ATTACHMENT 1 17.1 Attachment: Water Collaboration Issues Table (5242 : Regional Water Collaboration Charter) Table of Potential Regional Water Collaboration Concepts 12/7/16 ISSUE PURPOSE FORM Summary of Committee Discussion ISSUE 3: Water Supply & Drought Planning Varying water supply and drought modeling and planning and policies, with ELCO and FCLWD in a reactionary role to Fort Collins’ land use decisions. Improve water supply and drought planning across the GMA.  Agreements between parties to establish combined or joint modeling and responsibilities for the costs associated with such efforts.  Coordinated and aligned policies in light of the results of modeling. The committee felt that collaboration on water supply and drought planning criteria could be very beneficial to all providers.  The City has a current Water Supply and Demand Management Policy (WSDMP) that the Districts may leverage. The City is due to update the WSDMP before 2020, providing an opportunity to involve the districts.  The City is pursuing a water supply vulnerability assessment that could be a shared project.  There are legal limitations on where water rights may be used based on decree language and the identified service area.  The City can involve the districts more in land use planning activities (City Plan in particular) so they can plan better for growth.  There is recognition that water supply & drought planning is unique to each entity depending on water rights portfolio and available storage.  The Districts requested that the City explore what water rights they may make available to the district through sharing/sale agreements.  One system for dedicating water rights across the GMA could be considered (see issue #7).  The entities should explore how to better leverage ownership in ditch companies. ISSUE 4: Water Treatment Similarly located water treatment facilities that perform the same essential functions, creating various inefficiencies associated with having two facilities that operate independently. Improve water treatment efficiencies through combined and/or coordinated facilities and/or operations.  An authority could be created to own and/or operate and manage the facilities, as well as plan for upgrades and new facilities.  Agreements between the parties could establish rights and obligations for sharing of facilities. Similar agreements exist between Fort Collins and the FCLWD. Water treatment was considered by the Committee to be more difficult to tackle at this time, however the option should remain on the table. Table of Potential Regional Water Collaboration Concepts 12/7/16 ISSUE PURPOSE FORM Summary of Committee Discussion ISSUE 5: Current Water Resources & Water Supply Infrastructure Varying water rights portfolios, water supply contracts (such as a CBT units), and water supply infrastructure, resulting in certain parties being “water long” in certain respects and “water short” in others. Share water resources and/or water supply infrastructure among parties. Agreements between parties could be used to set forth how one party would deliver certain water supplies to other parties at other times. Similar agreements exist between Fort Collins and FCLWD. While not determined to be a top three priority, the committee discussed opportunities in the future to share current infrastructure (e.g. raw water delivery pipelines) and water resources where it makes sense.  There is a lot of duplication of effort (e.g. acquisition of storage ) that could be eliminated through collaboration.  An analysis could be conducted regarding where excess capacity exists and how that might be made available to other providers.  A review of water rights portfolios (e.g. ditch company shares) that could be leveraged to secure storage. ISSUE 6: Additional Water Supply Infrastructure Additional water infrastructure (e.g. raw water storage and/or recharge facilities) may be needed by each party in the future. Collaboration may result in economies of scale and avoid redundancies across the GMA. Jointly develop additional water supply infrastructure for the GMA.  Agreements between parties could be used to determine what shared infrastructure would be developed, how it would be constructed, and how it would be paid for.  An authority could be established with the purpose of developing such infrastructure as an ongoing matter. The committee discussed opportunities to share current and planned water supply infrastructure (e.g. raw water delivery pipelines) and water resources.  Entities will need to discuss what specific infrastructure projects would be suitable for collaboration.  Innovative storage options (e.g. aquifer storage) could be completed in collaboration.  Another model (e.g the South Metro Water Supply Authority) could be used in this region. ISSUE 7: Additional Water Supply Additional water rights may be needed by each party to meet future demand. Table of Potential Regional Water Collaboration Concepts 12/7/16 ISSUE PURPOSE FORM Summary of Committee Discussion Issue 8: Service Area Boundaries Each party serves portions of Fort Collins and its GMA, creating service inconsistencies across portions of Fort Collins (e.g. billing rates, PIFs, etc.).The various governing bodies also create difficulties for establishing consistent policies across Fort Collins and its GMA, as well as for citizens desiring to petition their government. Reallocate service areas in and around the GMA. Agreements between parties could be used to set forth where service boundaries would be relocated, as well as the procedures needed to complete the required processes. A wholesale change in service area boundaries is not probable at this time, however there should be a short term focus on continuing to adjust and realign boundaries based on what makes the most sense from a distribution and service standpoint.  Driven by which provider is best able to serve.  Take advantage of opportunities as they develop  Avoid duplication of effort  Formalize/document processes for criteria used for changing service area boundaries Issue 9: Water Distribution Separate distribution systems serve both inside and outside of Fort Collins and its GMA. When one party delivers water through another party’s system, it can be difficult to account for that water in compliance with water rights decrees, hampering certain water sharing possibilities. Restructure certain water delivery pipes in and around the GMA to separate water distribution systems inside and outside of Fort Collins to facilitate a more efficient use of Poudre River water resources across the GMA. Agreements between the parties could be used to set forth which pipes will be moved where, and which party is responsible for those costs. A physical reconfiguration of the distribution system is not probable at this time, however other ideas were discussed by the committee that potentially address the issue of “water short” for some providers and “water long” for others, including:  Joint planning for future water rights and storage needs in order to best utilize each provider’s water rights portfolio  Possibly invest together in future water rights acquisitions.  Consider balancing portfolios based on what is needed for each entity (CBT, native water rights, and/or financial resources) Issue 10: New Governance Structure -1- RESOLUTION 2017-029 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE CHARTER OF THE REGIONAL WATER COLLABORATION STEERING COMMITTEE WHEREAS, Fort Collins Utilities is owned and operated by the City and provides treated water service to portions of the Fort Collins Growth Management Area (“GMA”); and WHEREAS, the East Larimer County Water District (“ELCO”) and the Fort Collins- Loveland Water District (“FCLWD”) also provide treated water service to portions of the GMA not served by Fort Collins Utilities; and WHEREAS, ELCO, FCLWD, and the North Weld County Water District (“NWCWD”) jointly operate a water treatment plant located adjacent to Fort Collins Utilities’ water treatment plant; and WHEREAS, there are various opportunities for collaboration on regional water issues among area water providers, in particular, among Fort Collins Utilities, ELCO, and FCLWD as they concern regional water issues in the GMA; and WHEREAS, a Regional Water Collaboration Workshop was held on May 31, 2016, and attended by representatives of the City, ELCO, FCLWD, and NWCWD to discuss, among other things, opportunities for collaboration on regional water issues among area water providers; and WHEREAS, the City, ELCO, and FCLWD agreed to the formation of a Steering Committee at the May 31, 2016, workshop that would be comprised of water managers and two representatives from each of the governing boards of the City, ELCO, and FCLWD; and WHEREAS, each entity appoints its representatives to the Steering Committee; and WHEREAS, on June 21, 2016, the City adopted Resolution 2016-049 appointing Mayor Pro Tem Gerry Horak and Councilmember Gino Campana to represent the City on the Steering Committee; and WHEREAS, the purpose of the Steering Committee is to develop a charter articulating next steps and to provide such a charter to all governing boards for approval; and WHEREAS, the Steering Committee convened four times between August 2016 and January 2017, to, among other things, develop the draft charter attached as Exhibit A (“Charter”); and WHEREAS, the Steering Committee will conduct its business in meetings that are open to the public; and WHEREAS, the work set forth in the Charter is to the benefit of the citizens of the City of Fort Collins, residents of the GMA, and the ratepayers of Fort Collins Utilities because it may -2- identify ways and means to continue and improve the consistently high level of water service by having the water providers collaborate on shared goals and purposes; and WHEREAS, City staff recommends approval of the Charter by City Council. 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. The City Council hereby approves the Charter substantially in the form attached hereto as Exhibit “A.” Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of March, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk 1 Regional Water Collaboration Steering Committee Charter Project Purpose and Desired Outcomes The purpose of the Regional Water Collaboration Steering Committee is to identify and pursue regional water collaboration opportunities in and around the City of Fort Collins Growth Management Area (GMA) where shared goals and purpose exists and where collaboration among the water providers may result in improved outcomes. Fort Collins Utilities, East Larimer County Water District (ELCO), and Fort Collins Loveland Water District (FCLWD) currently provide treated water service to customers in their respective service areas in and around the GMA. The three water providers provide consistently high quality and reliable service to their customers. Thus, regional water collaboration is focused on particular issues and opportunities where shared goals and purpose exists and where customers and residents within the GMA may realize a benefit. The Regional Water Collaboration Steering Committee will initially focus on three primary issues and outcomes: 1. Coordination of Water Conservation and Shortage Response Plans in the GMA. Such coordination will be focused on providing consistent water conservation programs, improving water efficiency, and aligning water shortage responses for each water provider across the GMA. 2. Improved water supply and drought planning across the GMA. Such improvements will be focused on coordinating and aligning water supply and drought modeling and planning activities and policies across the GMA to ensure adequate water supply is available for current and future residents. 3. Development of additional water supplies for the GMA. Such collaboration will focus on future water rights acquisitions to best leverage the current assets and future needs of each water provider. The Steering Committee discussed and prioritized other regional water issues (discussed below) however will not pursue collaboration on those issues at this time. The Steering Committee will revisit those issues as progress is made on the top three priorities. Background A Regional Water Collaboration Workshop was held on May 31, 2016, to discuss regionalization prospects and further collaboration among water providers serving residents within and near Fort Collins’ GMA. The workshop was attended by representatives from the City of Fort Collins, East Larimer County Water District (ELCO), Fort Collins-Loveland Water District (FCLWD), and North Weld County EXHIBIT A 1 Packet Pg. 204 Attachment: Exhibit A (5243 : Regional Water Collaboration Charter RES) 2 Water District (NWCWD). Representatives included members of governing boards and staff from each entity. Workshop attendees discussed opportunities and barriers to regional water collaboration. The participants agreed that, while all entities are providing a consistently high level of water service to customers within their respective service areas, there are opportunities to collaborate where shared goals and purpose exists. Participants desired to further discussions to that end by appointing a steering committee consisting of two representatives from each governing board and water managers from each entity. The committee was directed to develop a charter articulating next steps and to provide such a charter to all governing boards for approval. NWCWD’s Board members declined to participate in the Steering Committee, however the NWCWD Manager desired to remain engaged in the discussion. The Steering Committee convened three times between August and October 2016 to discuss regional water issues, the purpose and goals of water collaboration, forms of collaboration, and various considerations for each identified issue. The committee identified and deliberated on 10 key issues for regional water collaboration. Those issues are summarized in the attached Issues Table. The Steering Committee determined through a prioritization process that they would like to pursue three key issues related to water conservation and shortage response, water supply and drought planning, and development of additional water supplies. The Steering Committee discussed and prioritized other regional water issues however will not pursue collaboration on those issues at this time. The Committee will revisit those issues as progress is made on the top three priorities. Pursuit of the top three priority issues will include development of Strategy Roadmap for review and approval by the Steering Committee. Completing the Roadmap and the associated tasks may require future financial investment. Such investment is yet to be determined and will be scalable based on the resources available and committed by each entity. Project Deliverables The initial project deliverable is a project charter approved by all governing boards. Future project deliverables include a Strategy Roadmap focused on strategies and tactics for addressing the top three priorities. Additional project deliverables may be identified by the Steering Committee at a future date. Project Dependencies The project deliverable is dependent on the following: 1. Input and participation by the Steering Committee in meeting identified project milestones. 2. A commitment of governing boards for collaborating on the top three priorities identified by the Steering Committee. 3. Allocation of any necessary human and financial resources by each governing board. Governance Structure The Regional Water Collaboration Project will be governed by the Regional Water Collaboration Steering Committee, consisting of two representatives from each governing board and water managers from each entity. Steering Committee members will represent the ideas, opinions, and considerations of each participating water provider at steering committee meetings. Each member will ensure two-way communication between the steering committee and board members of each entity. The committee will 1 Packet Pg. 205 Attachment: Exhibit A (5243 : Regional Water Collaboration Charter RES) 3 create an environment where everyone is encouraged to participate, perspectives are freely expressed, and resolutions are in the best interests of the project as defined by the steering committee members. The committee will make decisions by consensus. If consensus cannot be reached, the committee will determine the appropriate resolution based on the particular decision to be made. Project Drivers The Steering Committee identified 10 primary issues that serve as key drivers for Regional Water Collaboration. Those issues and the Steering Committee discussion on each are included in the attached Issues Table. In summary, those issues are as follows: 1. Water Conservation. Varying water conservation programs and measures in the GMA cause confusion and concern for residents. 2. Water Shortage Response. Varying drought or water shortage response plans and policies in the GMA cause confusion and concern among residents. 3. Water Supply and Drought Planning. Water supply and drought modeling and planning and policies vary across the GMA, with ELCO and FCLWD in a reactionary role to Fort Collins’ land use decisions. 4. Water Treatment. Similarly located water treatment facilities perform the same essential functions, creating various inefficiencies associated with having two facilities that operate primarily independently. 5. Current Water Resources & Water Supply Infrastructure. Varying water rights portfolios, water supply contracts (such as CBT units), and water supply infrastructure result in certain water providers being “water long” in certain respects and “water short” in others. 6. Additional Water Supply Infrastructure. Additional water infrastructure (e.g. raw water storage and/or recharge facilities) may be needed by each water provider in the future. Collaboration may result in economies of scale and avoid redundancies across the GMA. 7. Additional Water Supply. Additional water rights may be needed by each water provider to meet future demand. This could be in the form of new appropriations or acquiring existing water rights and changing them from irrigation to municipal uses. 8. Water Service Area Boundaries. Each water provider serves portions of Fort Collins and its GMA, creating service inconsistencies across portions of Fort Collins (e.g. billing rates, PIFs, etc.).The various governing bodies also create difficulties for establishing consistent policies across Fort Collins and its GMA, as well as for citizens desiring to petition their government. 9. Water Distribution. Separate distribution systems serve both inside and outside of Fort Collins and its GMA. When one water provider delivers water through another water provider’s system, it is difficult to account for that water in compliance with water rights decrees, hampering certain water sharing possibilities. 1 Packet Pg. 206 Attachment: Exhibit A (5243 : Regional Water Collaboration Charter RES) 4 10. New Water Service Governance Structure. Fort Collins, ELCO, and FCLWD each serve different areas in and around the GMA. There may be various inefficiencies associated with having a single entity serve the entire GMA, and possibly surrounding areas. Project Constraints The Steering Committee identified the following constraints to collaborating on the top 10 regional water issues identified: 1. Financial Viability. Each water provider has varying financial needs (e.g. for capital assets and operations). The costs and benefits of collaboration may not be the same for all water providers. Proposed Mitigations:  Base the withdrawal from a collaborative scenario on the cost of termination (see Platte River Power Authority Model).  Consider various financial philosophies, e.g. a low capital cost/high operating revenue model vs. a high capital cost/low operating revenue model. Focus any analysis on how to mitigate issues associated with each model. 2. Varied Programs/Services. An analysis of the current services offered by each water provider may reveal differences in levels of service delivery, including cost, customer service, water quality, customer engagement and communication, and offered conservation programs. Proposed Mitigation:  Begin collaborating now to increase the level of service to all customers within the GMA. Assess the marginal cost to each water provider to leverage the current investment of the City in its offered programs. Base future programs on data and metrics that make sense for all water providers.  Begin aligning policies adopted by each water provider related to water reliability and demand management. 3. Organizational and Governance Structure. Changes in organizational and governance structures may be required to address some of the key issues identified by the Steering Committee. Proposed Mitigation:  Focus on opportunities that do not required a change in organizational structure.  Explore the governance models currently used by Poudre Fire Authority (PFA) and Platte River Power Authority (PRPA). Consider the advantages/disadvantages of each.  If a common organizational structure was pursued, consider an equal voting governance model to mitigate concerns over more/less authority in a collaboration scenario. 4. Varying Interests and Goals. The City serves multiple interests and has adopted a diverse set of goals. Other water providers are a single service organization focused on water treatment and delivery services. This may make it difficult for participating entities to agree on goals, strategies, and projects. Proposed Mitigation: 1 Packet Pg. 207 Attachment: Exhibit A (5243 : Regional Water Collaboration Charter RES) 5  Recognize that varying interests exist within the boundaries of all water providers (e.g. municipal, business, agriculture, etc.). Focus the analysis on the varied interests of customer segments within the GMA, not within individual boundaries.  Focus the analysis on the goal of collaboration – efficient, effective, sustainable water services for the community. 5. Resistance to Change. Even if the benefits outweigh the costs of collaboration, the inertia of the status quo may create difficulties in embracing such a major change in structure and service delivery. Proposed Mitigation:  Frequently revisit the drivers for change and the goals for collaboration described in the project charter. Steering Committee Members The chart below indicates key participants in the Regional Water Collaboration Steering Committee: Name Organization Role Commitment Kevin Gertig City of FC, Utilities Executive Director Executive Sponsor Provide high level guidance and direction for project. Bring needed authority to monitor and ensure project goals and deliverables are met. Carol Webb City of Fort Collins, Water Resources and Treatment Operations Manager Project Manager Responsible/accountable for Water Collaboration effort. Responsible for providing clear direction and moving the Steering Committee to accomplish project goals. Gino Campana Fort Collins, City Councilmember Steering Committee member  Represent the ideas, opinions, and considerations of each participating water provider at steering committee meetings.  Provide strategic direction/input for collaboration effort.  Ensure two-way communication between the steering committee and board members of each entity.  Review and approval of cost and schedule baselines.  Review and input on projects risks, risk mitigation, and issues. Business process input and review. Gerry Horak Fort Collins, City Councilmember Steering Committee member Bill Dieterich FCLWD Board member Steering Committee member Dale Leach FCLWD Board member Steering Committee member Scott Baker ELCO Board member Steering Committee member Jim Clay ELCO Board member Steering Committee member Mike Scheid ELCO General Manager Steering Committee member Chris Matkins FCLWD General Manager Steering Committee member Jon Haukaas City of FC, Water Engineering/Field Services Manager Steering Committee member 6 Name Organization Role Commitment Governing Boards Fort Collins City Council ELCO Board of Directors FCLWD Board of Directors Participating water provider Ultimate authority to approve project scope, funding, and actions related to any collaboration scenario. Project Budget Funds required for development of the Project Strategy Roadmap are estimated at approximately $50,000, distributed among the participating entities. The financial impact of completing identified tasks to further the regional collaboration effort is not yet known. Any funding needs will be discussed by the Steering Committee and any request for appropriation of funds will be presented to governing boards for approval. Project Timeline and Milestones The Project timeline and key milestones are yet to be determined and will be include in the Project Strategy Roadmap for approval by the Steering Committee. 1 Packet Pg. 209 Attachment: Exhibit A (5243 : Regional Water Collaboration Charter RES) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council WITHDRAWN FROM AGENDA STAFF Jon Haukaas, Operations Mgr-Water Engineer & Field Svc Judy Schmidt, Senior Assistant City Attorney Ken Sampley, Water Systems Engineering Manager SUBJECT Resolution 2017-030 Approving the Boxelder Basin Stormwater Authority's Multiple Fiscal Year Payment Obligation to the John W. Day Family Partnership Settling Claims Related to Condemnation of Property for the Eastside Detention Facility. EXECUTIVE SUMMARY The purpose of this item is to approve the Authority's multiple fiscal year payment obligation of $1,675,000 over a four year period to settle an eminent domain lawsuit with the John W. Day Family Partnership, finalizing acquisition of land and associated rights for property on which the Eastside Detention Facility (Facility) has been constructed. The approval of all members (Fort Collins, Wellington, and Larimer County) is required for any borrowing or multiple fiscal year financial obligation by the Authority under the 2008 Intergovernmental agreement (IGA) forming the Boxelder Basin Regional Stormwater Authority (BBRSA). This item also authorizes the Mayor to approve and execute a memorandum of understanding or other agreement approving Authority's multiple fiscal year payment obligation described above and committing to negotiate with the members in good faith to agree upon a timeline for identifying, evaluating the impact of, and seeking agreement on a potential maximum amount of future obligations to be borne by the Town of Wellington under the IGA and other related matters. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In connection with construction of the Eastside Detention Facility, the Authority filed a petition in condemnation and sought immediate possession with respect to certain real property owned by the Day Family Partnership. The court entered a written order granting immediate possession of the impacted Day property on April 13, 2015. The Authority deposited its appraised value of $586,728 with the Court, and thereafter, the Authority constructed the Facility. The condemnation lawsuit continued to determine the final value of the taking and other issues raised by the property owner. At the request of the parties, Retired Judge Fred Skillern conducted mediation on Friday, February 9, 2017 in an effort to settle the condemnation case and the soils compensation issue related to property on which a portion of the Facility is located. The Authority was represented by Gerry Horak, President of the Board, Stan Myers, BBRSA Manager, Greg White, general counsel to the Authority, and Malcolm Murray, Special Condemnation Counsel. The Day Family Partnership was represented by Tim Goddard, counsel, James Day and Kelly Day. Agenda Item 18 Item # 18 Page 2 The parties identified a number of outstanding issues with potential monetary consequences, including the value of the taking, alleged damages due to impairment of the Day's water rights, capital gains taxes on the sale of C-BT shares alleged to no longer be usable on the property, compensation for soil removed from the Day property and utilized in construction of the Facility, the Day's attorneys' fees, expert fees and costs, and potential interest on the difference between any award and previously deposited amounts. Ultimately, a settlement of $1,675,000 was reached to resolve all outstanding issues between the parties and finalize acquisition of fee title (rather than a right-of-way) to that portion of the Day property at issue. The settlement amount is to be paid as follows: 1. $586,728, which the parties confirm was paid in 2015, following the order for immediate possession in 2015; 2. $500,000 on April 3, 2017; 3. A promissory note for the balance, to be paid, with simple interest at the Wall Street Journal Prime Rate on March 31, 2016 in the following installments: a. $100,000, with interest, on August 1, 2017 b. $200,000, with interest, on May 1, 2018 c. $200,000, with interest, on May 1, 2019 d. A final payment of $88,272, with interest, on May 1, 2020. The settlement includes certain additional non-monetary provisions (including certain easement rights) and is conditioned upon written approval by the Authority Board on or before March 15, 2017 and execution of a final settlement agreement with usual and customary terms for an eminent domain action. The BBRSA Board approved the settlement, subject to Member approval of the multiple fiscal year payment obligations, at its meeting on February 16, 2017. In order to facilitate approval of the multiple fiscal year payment obligation by all Members, this item also authorizes the Mayor to approve and execute a memorandum of understanding or other agreement committing to negotiate in good faith to agree upon a timeline for identifying, evaluating the impact of and agreeing upon a potential maximum amount of future obligations to be borne by the Town of Wellington under the IGA, to review member billing and collection processes, and to explore adjustment of service area boundaries to add properties benefited by, but not currently within, the Authority's service area. CITY FINANCIAL IMPACTS It is anticipated that the cost of this settlement will be funded by the regular stormwater impact and monthly services fees. -1- RESOLUTION 2017-030 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE BOXELDER BASIN STORMWATER AUTHORITY'S MULTIPLE FISCAL YEAR PAYMENT OBLIGATION TO THE JOHN W. DAY FAMILY PARTNERSHIP SETTLING CLAIMS RELATED TO CONDEMNATION OF PROPERTY FOR THE EASTSIDE DETENTION FACILITY AND AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING TO NEGOTIATE IN GOOD FAITH TO RESOLVE RELATED ISSUES WHEREAS, the Boxelder Basin Regional Stormwater Authority (“BBRSA” or “Authority”) is a separate governmental entity to be known as a drainage authority established by Larimer County, the City of Fort Collins and the Town of Wellington (collectively “Members” or individually “Member”) pursuant to C.R.S. Section 29-1-204.2(1) under that certain Intergovernmental Agreement for Stormwater cooperation and Management dated August 20, 2008 (the “IGA”) to protect life safety, reduce 100-year floodplain extents, protect existing structures, protect existing residences and businesses, reduce flood overtopping of 33 roads and 4 irrigation canals, reduce the costs to construct new stormwater infrastructure, improve emergency response, and reduce flooding on currently undeveloped areas that regional planning shows will be developed in the future; and WHEREAS, the BBRSA participated in a mediation of the claims involved in a pending eminent domain case in Larimer County District Court, Colorado, 2014CV31057, Boxelder Basin Regional Stormwater Authority v. John W. Day Family Partnership (the “Day Lawsuit”) related to condemnation of property on which it constructed the Eastside Detention Facility (“EDF”); and WHEREAS, at the conclusion of that mediation, the parties agreed to settle the Day Lawsuit on certain terms and conditions including the payment for the property on which the EDF was constructed in the total amount of $1,675,000 according to a specified schedule over a multiple year period commencing in 2017 and ending in 2020 (the “Payment Obligation”), subject to the final approval of the BBRSA Board of Directors and approval of the Members; and WHEREAS, Section 2.05(f) of the BBRSA IGA provides that any borrowing, issuance of debt, or multiple fiscal year financial obligation may only be approved by unanimous vote of the Members; and WHEREAS, the City's approval of the Payment Obligation as a Member under the BBRSA IGA is necessary and beneficial to the public health, safety and welfare, and serves the inhabitants of the City by allowing the Authority to resolve the Day Lawsuit and finalize its interest in the affected portion of the property on which the EDF has been constructed to store and manage stormwater, thereby reducing or eliminating flood hazards in the Boxelder Floodplain and resulting damage to public and private properties, reducing or eliminating flood risk to citizens, increasing protection for public roads, bridges, and other facilities in and enabling development of properties located within the Boxelder Basin; and Packet Pg. 212 -2- WHEREAS, it is anticipated that funds for the Authority's Payment Obligation will be derived from stormwater impact and monthly service fees collected by the BBRSA; and WHEREAS, in order to facilitate approval of the Payment Obligation by all Members, the City Council desires to cooperate in an effort to agree upon a memorandum of understanding or other agreement ("MOU") committing to negotiate in good faith to establish a timeline for identifying, evaluating the impact of and agreeing upon a potential maximum amount of future obligations to be borne by the Town of Wellington under the IGA and related matters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That, as Member of the BBRSA, the City Council approves the Authority's undertaking of the Payment Obligation pursuant to Section 2.05(f) of the BBRSA IGA. Section 3. That the Mayor, in consultation with the City Manager and the City Attorney, is authorized to approve and execute an MOU with the other Members of the Authority documenting all Members' approval of the Payment Obligation. Such an MOU may also include a commitment to negotiate in good faith to: (1) determine a timeline for identifying, evaluating the impact of and agreeing upon a potential maximum amount of future obligations to be borne by the Town of Wellington under the IGA; (2) review member billing and collection processes; and (3) to explore adjustment of service area boundaries to add properties benefited by, but not currently within, the Authority's service area; provided, however, that the MOU shall not amend or modify Member obligations under IGA unless or until an amendment or modification of the IGA is approved by the governing bodies of each of the Members. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of March, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 213 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Kurt Friesen, Director of Park Planning & Development SUBJECT First Reading of Ordinance No. 038, 2017, Appropriating Prior Year Reserves in the Neighborhood Parkland Fund for Neighborhood Park Site Development and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of Neighborhood Parkland Funds for the 2017-2018 budget cycle. During the regular 2017-18 budget appropriation process, Councilmember Campana recused himself from the appropriation of funds for Sidehill Park, resulting in a neighborhood park offer that was only partially funded. This appropriation will complete the neighborhood park offer, providing funding in the New Park Site Development business unit for Sidehill Park and other neighborhood park projects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION A portion of Offer 70.2: Neighborhood Park Development was not funded through the 2017-18 budget process due to a conflict of interest with Councilmember Campana, and the funding of Sidehill Park. The City Manager’s Recommended Budget provided approximately 1.8M be appropriated to the Sidehill Park business unit. Instead, the department would prefer the 1.8M be appropriated to the New Park Site Development business unit. Reasons for this include:  The Department is moving towards a parent/child business unit system. In this case, the parent business unit is New Park Site Development, and the child business unit would be Sidehill Park.  The parent/child arrangement provides more flexibility in how neighborhood park fees are spent, providing greater flexibility to respond to opportunity projects and unforeseen needs that arise during the budget cycle.  This is the same system utilized by the Stormwater Department. The 1.8M is anticipated to be spent in the following manner:  Approximately $900,000 for Sidehill Park, including raw water and land acquisition, design services, and potentially a portion of the budget needed to construct the park. After design of the park has progressed, additional appropriations will be needed to fully fund the project. A date for completion of the park has not been determined.  Approximately $900,000 available for other neighborhood park projects, including phase I development of the Streets Facility Park located at the Streets Maintenance Facility near the intersection of Vine & Lemay, raw water and land purchases for other neighborhood parks, and opportunity projects that may arise. 19 Packet Pg. 214 Agenda Item 19 Item # 19 Page 2 As outlined in the original offer narrative provided in the City Manager’s Recommended Budget, design of Sidehill Park is planned to begin in the current budget cycle, with future appropriations likely prior to construction of the park. In addition, appropriate amounts for these projects must be transferred to the APP program accounts, pursuant to Section 23-304 of the City Code. These amounts total 1% of the Project budgets. Since $9,000 has already been transferred with prior appropriations, this item transfers another $9,000 to the APP program accounts. CITY FINANCIAL IMPACTS This offer appropriates funding for the design and construction of neighborhood parks. BOARD / COMMISSION RECOMMENDATION The Parks and Recreation Board unanimously approved of this approach at its February 22 meeting. (Attachment 1) PUBLIC OUTREACH Significant public outreach was conducted during the 2017-18 BFO process. ATTACHMENTS 1. Parks Recreation Board Minutes, February 22, 2017 (draft) (PDF) 2. Power Point Presentation (PDF) 19 Packet Pg. 215 Parks & Recreation Board Meeting Minutes _ DRAFT February 22, 2017 2017-18 Neighborhood Park Budget Offer - Sidehill Park Staff will be going to Council to ask for appropriation of the remainder of the Neighborhood Park Budget Offer, which was not approved during the regular 2017-18 budgeting process due to a conflict of interest with Councilmember Campana and Sidehill Park. As part of the offer, staff is requesting funds be appropriated to New Park Site Development, a parent business unit under which child business units can be set up. The offer will provide funding to begin development of Sidehill Park, which is planned in the Bucking Horse development near the intersection of Timberline & Drake. The offer will also provide funding for the Streets Park located at the Streets Maintenance Facility near the intersection of Vine & Lemay. To date, City Council has earmarked $150,000 for this Streets Park project. We would like to supplement this funding to provide for a more complete phase I park, and not make the mistake of constructing a park that appears incomplete, such as was the case at Richards Lake Park. The City Manager’s Recommended budget provided $1.8 Million for Sidehill Park. The new proposal provides approximately $900k for Sidehill Park & $900k for other projects, including Streets Park. Board Discussion Board – So you’re asking for a different process for funding this park? Staff – Slightly. Really what I’m asking for is instead of the $1.8 Million going to one project, I’d like it go to into a larger pot that will only be spent on Neighborhood Parks. This will allow for some wiggle room on other projects if needed, and the ability to be responsive to opportunity projects that don’t fall within the Parks & Recreation Plan. We’re trying to be responsive as there is a lot of interest in the Streets Park site. Another example is Avery Park, which was an improvement project conducted based on Council direction and partnerships with other departments. Board – Would it make sense to ask Council to do this for all parks? Staff – We’re transitioning to the parent/child system now, and will do so completely once Trailhead Park is finished. This new process will streamline our accounting system and give us a little more flexibility. But we will still be bound by offer language, the Neighborhood Park Program & the Parks & Recreation Plan. Board – I have one small concern. I think this approach is really creative, but, as a resident, how do you prioritize projects? Staff – We prioritize the construction of parks based on our Parks & Recreation Plan, and the pace of development throughout the city. Parks are constructed in locations identified in our Parks & Recreation Plan as new development occurs. On occasion, we encounter opportunity projects that are not within the plan and have partnered with other departments to tackle those. Board – I’m worried that this approach may become “robbing Peter to pay Paul.” If the public realizes that going to Council gets them a park, how will you be able to maintain your plan? Staff – I’m not worried about that with this current project. Part of the reason we’re moving toward this approach is to be able to respond to Council’s requests, and develop neighborhood parks in a responsible way. Motion: Bruce Henderson made a motion to approve Kurt’s proposal to the City Council Seconded : Kelly Smith Vote: Approved, 7:0 ATTACHMENT 1 19.a Packet Pg. 216 Attachment: Parks Recreation Board Minutes, February 22, 2017 (draft) (5338 : Neighborhood Park Budget Offer) Neighborhood Park Budget Appropriation 3-7-17 Kurt Friesen, Director of Park Planning & Development ATTACHMENT 2 19.b Packet Pg. 217 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) Funding Request • 1.2M was appropriated for neighborhood parks during regular 2017-18 Budget Process • 1.8M of the offer related to Sidehill Park was not appropriated • This appropriation will complete funding of neighborhood parks for the 2017-18 budget cycle • A slight adjustment to the original offer is proposed 2 19.b Packet Pg. 218 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) Funding Request Original Offer • 1.8M to Sidehill Park Business Unit Proposed Offer • 1.8 M to New Park Site Development Business Unit • Approximately $900k for Sidehill Park • Approximately $900k for raw water purchases and other neighborhood park projects, including Streets Park 3 19.b Packet Pg. 219 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) Parks Location Map 4 Streets Park Sidehill Park 19.b Packet Pg. 220 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) Streets Park Existing Conditions 5 19.b Packet Pg. 221 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) Streets Park Concept 6 19.b Packet Pg. 222 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) Streets Park Phase I 7 19.b Packet Pg. 223 Attachment: Power Point Presentation (5338 : Neighborhood Park Budget Offer) -1- ORDINANCE NO. 038, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NEIGHBORHOOD PARKLAND FUND FOR NEIGHBORHOOD PARK SITE DEVELOPMENT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, Parks staff has identified a need to appropriate $1,800,000 for Sidehill Park and other neighborhood projects; and WHEREAS, staff has identified a need to appropriate half of those funds ($900,000) for the Sidehill Park capital project, to include raw water and land acquisition, design services, and potentially a portion of the budget needed to construct the park; and WHEREAS, staff has also identified a need to appropriate the second half of those funds ($900,000) for other neighborhood park capital projects, including phase I development of the Streets Facility Park located at the Streets Maintenance Facility near the intersection of Vine and Lemay, raw water and land purchases for other neighborhood parks, and opportunity projects that may arise; and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations (to include design and construction of the parks totaling $900,000 out of the $1,800,000) to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Neighborhood Parkland Fund the sum of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) for expenditure in the Neighborhood Park Site Packet Pg. 224 -2- Development Fund for Park Development of Sidehill Park and other neighborhood park capital projects. Section 3. That the unexpended appropriated amount of SEVEN THOUSAND TWENTY DOLLARS ($7,020) in the Neighborhood Park Site Development Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of ONE THOUSAND NINE HUNDRED EIGHTY DOLLARS ($1,980) in the Neighborhood Park Site Development Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 225 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Jeff Mihelich, Deputy City Manager SUBJECT First Reading of Ordinance No. 043, 2017, Amending Article III of Chapter 17 of the Code of the City of Fort Collins by Adding a New Section 17-46 Regulating Use of Public Facilities on Sidewalks, Plazas, Public Restrooms and Transit Facilities. EXECUTIVE SUMMARY The purpose of this item is to provide a set of regulations for shared public spaces in the pedestrian-friendly downtown area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past several years, Fort Collins has experienced increasing conflicts over how public facilities are being used or misused, particularly in the downtown area. This has caused numerous challenges and frustration among downtown visitors, business owners, and residents. Council has held several work sessions on this subject and past actions taken include partial funding of the Outreach Fort Collins Team and funding Police Services overtime to increase presence downtown. While staff believes there have been positive results from the actions Council has taken thus far, challenges still remain. This is evidenced by the hundreds of emails City Leaders received last summer, which were subsequently turned into over 25 Service Area Requests (SARs). A summary of the SARs that were created are included as Attachment 1. While many of the SARs are about behavior that is not addressed by this Ordinance, staff is providing it as background information. Police officers have, over the years, also observed instances of large groups of people sitting or lying on sidewalks or public plazas downtown, including teenagers hanging out, late night partiers and other groups, which makes these spaces inaccessible to others and takes up space others could use to move around. In order to address specific concerns expressed by local businesses and visitors related to keeping downtown pedestrian-friendly, staff is bringing forth an ordinance with the following elements for Council consideration. The following restrictions apply in the Old Town area from 9:00 a.m. to 2:00 a.m.  Prohibits sitting or lying on public sidewalks and plazas.  Prohibit leaving personal property, unattended or attended, on certain City-owned properties including sidewalks, plazas, parking spaces, and landscaped areas, with certain exceptions. The proposed boundaries for the enforcement and applicability of these provisions are the same as the downtown smoke-free zone. The proposed ordinance would also prohibit the following throughout the City: Agenda Item 20 Item # 20 Page 2  Sitting, kneeling or lying in a public restroom or within ten feet of a restroom entrance or exit, except on a designated seat, such as a toilet or bench.  Sitting kneeling or lying on any area not designed for sitting in a transit facility, or on public property within twenty feet of a transit facility. Staff believes that the proposed elements will make a positive difference in continuing to ensure that the downtown area, transit facilities, and public restrooms are safe and accessible for pedestrians and users of public facilities. Individuals lying on sidewalks take up significantly more space than people standing, and make those spaces unusable by others for standing or walking. Councilmembers and residents have expressed concerns about the personal property elements of the proposed Ordinance and how it will negatively impact some individuals. Staff is working with service providers to research additional options for storage of property, including using City assets such as lockers from the 700 Wood Street renovation, and exploring sites for placing them with the help of Operation Services. Staff will keep Council informed of these efforts in the coming weeks and months. Staff believes that this Ordinance is aligned with some of the City’s previously adopted plans and philosophy of using best practices. The City has intentionally built the downtown sidewalks to accommodate additional pedestrians and mixed-use development often seen in the area. The City has also adopted other regulations to improve pedestrian safety downtown, such as the creation of bicycle dismount zones. The Institute of Transportation Engineers notes the importance of wider thoroughfares in areas similar to downtown, stating that "Residential uses typically have less need for sidewalk space than similarly scaled mixed-use blocks with ground floor commercial retail uses, where space for window shopping, outdoor dining, newspaper racks and other street appurtenances add to the sidewalk width.” Additionally, the City’s Pedestrian Plan discusses the importance of minimizing and removing barriers that impede direct pedestrian access. When new improvements and facilities such as benches, planters and other potential barriers, and sidewalk cafes or patios are considered, staff utilizes the guidance the Pedestrian plan provides to ensure that the placement of cafes and patios compliment rather than obstruct a continuous pedestrian network. Staff has researched other communities’ successes or challenges with similar ordinances, and those findings are summarized in Attachment 2. CITY FINANCIAL IMPACTS This Ordinance is not expected to have an appreciable impact on the City’s budget. BOARD / COMMISSION RECOMMENDATION Staff presented to the Super Issues Board and Commissions Meeting, the Commission on Disability and the Human Relations Commission (HRC). The results of the polling at the Super Issues Meeting are included in Attachment 3. After its meeting, the HRC chose to send a letter to Council, and generally does not support the Appropriate Use of Public Spaces ordinance as currently drafted. PUBLIC OUTREACH Public outreach on this proposed Ordinance was robust. In addition to the board and commission outreach, staff presented twice to the Downtown Business Association and its membership, once to the Downtown Development Authority, and to the Local Legislative Advisory Committee. Results from clicker surveys Agenda Item 20 Item # 20 Page 3 performed at these meetings are included in the Attachment 3. Additionally, the DDA has sent Council a letter in support of this ordinance (Attachment 4). Additional business outreach was done through the distribution of fliers to businesses in the downtown area, which provided a broad overview of the issue and online survey. In conjunction with business outreach, general citizen outreach was also conducted in the form of the online survey, which garnered over 2100 responses, a coffee talk on Wednesday, February 15th, and a community meeting which was held on February 22nd. An in-person survey was administered at the community meeting and those results are also included in Attachment 3. Attachment 5 includes the results of the online survey questions is included with this document. The full results of the online survey, including all comments, are available at http://www.fcgov.com/downtownbehavior/ Staff has included general comment themes in Attachment 5. ATTACHMENTS 1. Summaries of Behavior SARs (PDF) 2. Effects of Similar Ordinances in Other Cities (PDF) 3. In-Person Outreach Results (PDF) 4. DDA Letter Regarding Appropriate Use of Public Spaces (PDF) 5. Online Survey Results (PDF) 6. Power Point Presentation (PDF) Attachment: 1 page sampling of SARs Demonstrating Downtown Behavior Concerns SAR # 32378 – Concerns about persistent group of individuals who gather in similar spots each day, where they leave drug paraphernalia and consume illegal substances. Expressed sadness that customers and businesses dwindle downtown. SAR # 33714 – Concern expressed to Councilmember Overbeck at listening session related to transients verbally accosting pedestrians from the sidewalk near Safeway. SAR # 33932 – Councilmember Martinez asked for statistics related to transient interactions after reading multiple TDRs from Police SAR # 34241 – Resident expressed concerns to Councilmember Overbeck related to dangerous behaviors near Library Park. Reported having bloody clothing left in their yard, sleeping individuals next to their property, and used condoms and needles on or near their property. SAR # 34193 – Councilmember Overbeck passed along a concern from a resident who wished to get rid of the benches east of Safeway due the constant drinking, fighting, yelling, and harassment he witnessed from the people sitting there SAR # 34468 – Citizen wrote to Mayor and Council stating that individuals sitting on or sleeping on sidewalks verbally engaged with she and her husband during their downtown walk to dinner. Also noted large amounts of trash gathered and additional individuals passed out on sidewalk near bus stop of Remington and Olive. SAR # 34546 – Couple traditionally rented out downtown condo but received bad review related to the behavior issues downtown. Guests felt unsafe walking anywhere in the neighborhood. Resident asked for attention to be given to the issues downtown. SAR # 34690 – Resident of downtown wrote list of concerns including improper storage of personal property in bushes, large gatherings of individuals seated/lying on sidewalks and benches, and individuals sleeping on their porch. SAR # 34522 – Downtown business owner wrote Council concerning the unsafe feel of downtown due to individuals gathering near her property and not respecting the neighborhood by littering, shouting profanities, and searching through flowerbeds. SAR # 36065 – Business and property owner downtown wrote regarding the disheartening conditions near his office related to persons gathering near their, leaving urine, vomit, and broken glass. Notes that he has clients no longer wishing to travel to his office. SAR # 35332 – fifth generation resident expressed concerns about loitering individuals sitting on landscaped areas in the plaza and that they were ruining the landscape and littering. Also noted the non-family friendly atmosphere created by the vulgar language of the people. ATTACHMENT 1 20.1 Packet Pg. 229 Attachment: Summaries of Behavior SARs (5375 : Appropriate Use of Public Spaces) Attachment: Effects of Similar Ordinances Staff was directed to look into the effect of ordinances similar to the proposed appropriate use of public space ordinance to be considered by City Council. An analysis of national and regional-level reports as well as focused examinations of several cities found the following major observations:  These ordinances often have an observed variability of enforcement that is reliant on officer/police discretion.  While reports indicate that these ordinances often result in financial costs or time constraints, three police departments indicated that they believe the ordinances can serve as a useful tool.  These ordinances have a low citation/arrest rate.  These ordinances do not have a noticeable effect on increasing economic vitality in downtown areas. Below, see a more detailed breakdown focusing on several cities, some in-state, some nationwide. Colorado Springs, CO Colorado Springs passed a similar ordinance to what is being proposed in Fort Collins in February of 2016, passed as the “Pedestrian Access Act”. This ordinance was met with public resistance. Enforcement began in April of 2016, with a max fine of $500 and/or up to 90 days in jail for anyone cited by this ordinance. This ordinance prohibits: Sitting, kneeling, reclining or lying upon the surfaces of sidewalks, trails or other public rights-of-way during high traffic hours in limited areas of downtown Colorado Springs and Old Colorado City. Sitting on benches and sitting, lying down, kneeling, and reclining on grassy areas of parks is still allowed. Since enforcement has begun, 35 warning citations have been issued and 17 formal citations were written. 3 of these citations were issued to the same individual who desired to be arrested in protest of the ordinance. About 150 protestors objected to the ordinance on April 9th, the day enforcement went into effect. In December, four protesters were convicted by a Colorado Springs jury and issued fines. Lieutenant Mike Lux of the Colorado Springs Police Department commented that they have not observed an additional strain on resources and staff time, as those resources have already been directed to the areas included in the Pedestrian Access Act. According to Lt. Lux, once warning citations were issued, compliance of the ordinance increased and there has been an observed decrease in the disruptive behaviors that was the impetus for the ordinance’s creation. The Colorado Springs Police Department has not issued a citation for this ordinance since December. Manitou Springs, CO The Manitou Springs City Council passed a similar ordinance on August 2nd, 2016. Their ordinance prohibits: 1. Any person from sitting, kneeling, reclining, or lying down in the Downtown area upon the surface of any public right-of-way. ATTACHMENT 2 20.2 Packet Pg. 230 Attachment: Effects of Similar Ordinances in Other Cities (5375 : Appropriate Use of Public Spaces) 2. Any person from sitting kneeling, reclining, or lying down upon any blanket, clothing, bedding, chair, stool, or any other object placed upon the surface of the public right-of-way. 3. For any person to place or arrange items for sale or display upon the surface of any public right- of-way, or upon any bench, chair, or other similar surface intended for public seating that is located within a public right of way. According to Joe Ribeiro, Police Chief for the Manitou Springs Police Department, the sit/lie ordinance is a ticketable offense payable for a $55 fine plus a $45 surcharge on the first offense. Since the passage of the ordinance, only one citation has been issued to an individual. Palo Alto, CA Palo Alto has a much longer history with these types of ordinances, their first of which dates back to 1997, when a sit/lie ordinance was passed by the Palo Alto City Council. In 2007, the restrictions of the ordinance were expanded to include the entire downtown area. This amendment passed on a 6-3 vote. Their ordinance prevents: 1. Any person from sitting or lying down in the Downtown area upon the surface of any public right-of-way. 2. Any person from sitting, kneeling, reclining, or lying down upon any blanket, clothing, bedding, chair, stool, or any other object placed upon the surface of the public right-of-way. The City of Palo Alto stopped enforcing this ordinance in 2011 following negative public feedback and citizen concerns regarding targeted enforcement. Captain Zach Perron of the Palo Alto police department also commented that lawsuits in other cities around the issue encouraged the City to cease enforcement. When asked about financial and time costs to the department, Captain Perron highlighted that the primary effect of enforcement was that it took officers away from other calls that they could be responding to. However, he did not believe this time spent was not prohibitive of time or financial resources. San Francisco, CA The experience in San Francisco is backed up by a robust report done by their budget and legislative analyst office in March of 2016. The scale of the findings of the San Francisco report is on a much larger scale that what is found in Fort Collins. The report looks at “Quality of Life laws” as one single group, which pairs sit/lie citations with other ordinances intended to help preserve quality of life for everyday residents and visitors. These include: public urination/defecation, drinking in public, camping in a park, dog license and leash laws, using a vehicle for habitation, and others. The Budget and Legislative Analyst Office found that it cost the San Francisco police department and support services “$20.6 Million in 2015 for sanctioning individuals for violating quality of life laws.” The primary cost drivers of these costs have been an increase in the utilization of a 311 system where citizens can report quality of life violations and the legal requirements for officers to respond to each of 20.2 Packet Pg. 231 Attachment: Effects of Similar Ordinances in Other Cities (5375 : Appropriate Use of Public Spaces) these calls, increasing workload and department costs. The report showed little effect was made on reducing the behaviors that these quality of life laws helped to solve. 20.2 Packet Pg. 232 Attachment: Effects of Similar Ordinances in Other Cities (5375 : Appropriate Use of Public Spaces) Attachment: In-Person Outreach Results In this attachment, the results from the in-person surveys done at 6 outreach events are presented. The six events are shown in five groups: 1. Aztlan – these are the results from the community meeting at the Northside Aztlan Center on February 23rd 2. DBA – these are the combined results from two Downtown Business Association outreach events held on February 8th and February 23rd. 3. DDA – these are the results from the meeting held with the Downtown Development Authority Board on February 9th . 4. Super Issue – these are the results from the presentation given at the Super Issue Joint Boards and Commissions meeting 5. LLAC – these are the results from the meeting held with Chamber of Commerce’s Local Legislative Affairs Committee on February 17th. The results are presented by question, with each bar color representing a different group/event. The number of people in attendance is noted in parenthesis in the legend. ATTACHMENT 3 20.3 Packet Pg. 233 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) 0% 59% 14% 27% 15% 54% 6% 15% 6% 6% 31% 56% 10% 5% 42% 42% 12% 43% 9% 35% 0% 10% 20% 30% 40% 50% 60% 70% Live Downtown None of the above Own a business Downtown Work Downtown Do you: Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.3 Packet Pg. 234 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) 14% 5% 0% 41% 36% 4% 3% 16% 42% 33% 0% 0% 0% 13% 88% 0% 0% 0% 8% 88% 4% 0% 3% 49% 45% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Occasionally Rarely Monthly Weekly Daily How often do you frequent downtown? Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.3 Packet Pg. 235 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) 9% 50% 77% 68% 86% 25% 36% 31% 51% 54% 6% 69% 38% 50% 63% 7% 75% 66% 80% 75% 57% 18% 9% 43% 14% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% None of the above Aggressive or intimidating behavior Groups or individuals lying on benches Intoxicated or impaired behavior Groups or individuals sitting or lying on sidewalks Is your experience downtown ever diminished by? (select all that apply) Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.3 Packet Pg. 236 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) 14% 0% 32% 50% 82% 13% 21% 28% 21% 61% 31% 13% 31% 25% 63% 22% 8% 24% 44% 71% 7% 78% 8% 8% 11% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Prohibiting lying on sidewalks for more than 1 hour No, do not regulate Prohibiting sitting on sidewalks for more than 1 hour Prohibiting sitting on sidewalks Prohibiting lying on sidewalks Should the City regulate sidewalk behavior in any of the following ways? (Maximum two responses) Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.3 Packet Pg. 237 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) 18% 18% 0% 82% 82% 28% 24% 16% 45% 45% 25% 13% 6% 44% 56% 12% 12% 3% 75% 73% 14% 19% 69% 9% 12% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% On sidewalks for more than 4 hours On benches for more than 4 hours No, do not regulate On benches for more than 1 hour On sidewalks for more than 1 hour Should the City prohibit placement of unattended personal goods? (Maximum two responses) Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.3 Packet Pg. 238 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) 0% 91% 86% 100% 15% 58% 78% 79% 0% 56% 56% 75% 5% 80% 85% 93% 66% 24% 30% 30% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% No, do not regulate Sitting Placement of Personal Items Lying Should the City prohibit any of the following on/in planters? (Select all that apply) Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.3 Packet Pg. 239 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) At the February 23rd public meeting at the Northside Aztlan Center, written comments were also collected. The transcribed written comments can be seen below. Comments with a (1+), (2+), (3+), etc. indicate that the comment was marked by 2, 3, etc. individuals:  The only intoxicated behavior that affects me is when they don’t sit/lie. It’s young drunk people, not homeless. As a young woman, Downtown behavior does not ever threaten me. (3+)  As a member of the Chamber and the DBA, I would like to see more funding for mental Health services rather than legislation of this type. I encourage council to vote against the stand/sit/lie ban and the ordinance against unattached belongings.  I think that this will end up pushing business out of Downtown and into Foothills Mall at Front Range Village. I also think that any ordinance should come with a price tag for the taxpayers before it can be worked on.  Fort Collins is better than this! Please don’t further criminalize extreme poverty and homelessness.  The survey is biased and set up so people who are for this ordinance get more of a chance to choose options that are pro. People who are against only have one option.  I understand this is about “behaviors not people” but what kind of people will actually engage in behaviors like sitting on the sidewalk or carrying large amounts of possessions? People who are homeless. People who are poor or sick. Pay attention to the people wo will definitely be affected.  The legal measures taken after someone has been ticketed for “carrying too many belongings or sitting on the ground for too long are arbitrary. The police should be held accountable for how they navigate certain situations and what legal action this equates to. This ban is not an acceptable proposal and should not be passed. It is discriminatory Law enforcement. There is too large an opportunity for unjust situations to arise. Why is all of our trust and value put in the opinions of police and business owners? What about those who are living on the streets? They have no support or space to nurture their mental/physical health ALREADY. How will this help them to be more stable? It won’t.  I am a business owner/building owner, former DDA & DBA Board member. I love Old Town and I want it to thrive. This is NOT the time or the correct way to improve our downtown. We lefties are activated like never before because of TRUMP. Downtown does not need this uncompassionate aura.  I’m concerned about the impact this ordinance will have on the already-present feelings of disconnection and marginalization felt by individuals I work with. Feeling ignored or ostracized by your community is not conducive to good mental health. (1+)  Make part of a bigger discussion on increased services. Consider Tiny Home Communities for Homeless!  Discrimination, marginalization including RACISM and DISRESPECT TO THE HARD OF HEARING AS SEEN tonight, are already huge human rights issues in Fort Collins. This ordinance will only deepen that.  If this happens -> any escalation or enforcement should be done with a social worker or advocate present at the time. We’d need more social worker staff.  About 1/3 of homeless people have a mental illness. Larimer County voted down a detox and treatment center on Nov. 11, 2016. Do we now want to further kick these people to the curb with a no-sit-lie ban?  I am a downtown business owner (of 14 years) and I oppose this ban for several reasons. There were far more problems with vomit and other bodily fluids in our doorways 10 years ago prior to beautification of the alleys and attention to planters etc. We have had our Outreach Team on board for 1 summer and they had a positive impact. With the additional funding available for that team, it seems that the Outreach program deserves a longer time to address these issues! There are homeless people and disruptive people in most cities and I think it is a bit anecdotal that people do not want to come 20.3 Packet Pg. 240 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) to Old Town due to the ‘disruptive’ behaviors of the homeless. The only time I am at all fearful or intimidated in Old Town is when the bars close. We must treat human beings with the greater needs than our own with dignity and apply logical solutions rather than knee-jerk reactions to “erase” their presence. At my business we have several homeless regulars who come in for a cup of coffee or to use our restroom. If someone becomes at all loud or disruptive we put an arm around them and listen as we walk them out the door OR call the Outreach Team. The city pays a lot to clean up after the bars close yet will not put out the funds for in-depth studies of humane solutions which other cities (not Denver!) have found success with, e.g., housing first and then address issues of individuals.  Plant perennials in Downtown planters, instead of annuals. Save taxpayers money. They are more resilient.  This feels like a broken tail light. I am worried about potential abuse.  Research has found that 60% of people cannot meet a $500 surprise bill, i.e. car problem, health, etc.  Focus on reducing cost of living like expand transit so people can get along with just 1 car/family/no car.  Public spaces are meant for enjoyment and use by the public. Criminalizing the use of public space is in direct contradiction to the idea of public space and does not reflect the values of Fort Collins residents.  Discriminatory put rights of business owners above the homeless  I think it is great you do stakeholder sessions, but since this ordinance will disproportionately impact homeless individuals I think you should make them at times they can attend. Shelter operations interfere with session times. They are in shelters now. Give them a voice.  I’m opposed to this regulation, if it does pass, the proposal penalties are totally out of line, “up to 6 months in jail or $2,650 in fines.” There needs to be much more clarification regarding how these fines would be implemented. There needs to be other interventions tried first, such as warnings, counseling with one of the Outreach workers before individuals are given a ticket. Have you looked at other cities that have tried something similar – was it successful, did it have the desired outcome?  Before considering criminalizing homelessness, please invest more time, resources, and energy in Fort Collins Outreach. (+ 1)  For many people the “passive ask” of a homeless person sitting on the sidewalk, or the edge of a planter, is much less aggressive or creates less of an imposition than someone standing and asking directly.  The DOJ filed a (paper legal statement) regarding alcoholism and public drunkenness stating that there are circumstances where the behavior is indistinguishable from socioeconomic circumstances. Analogous to this proposal.  The City of San Francisco has a report on the efficacy of their own sit-lie ordinances and found it was not an effective deterrent of behavior.  In particular, fining people who could not afford the fines is meaningless in practical application, grew to unreasonable $ value. In one case, unpaid fines and penalties accrued to $20K.  This will, most likely, in my opinion, simply shift behavior to other places where it is less visible, but still problematic.  Public drunkenness is much more disruptive and intimidating to me personally.  As long as we put economics above, we remain below.  Consider seeking out Occupational Therapists, artists, teachers, to offer constructive activities and skill acquisition.  Where are the “carrots” in this process?  This is an absurd law and it does not belong in the criminal code. Make it non-jailable at least! Or just ditch it. 20.3 Packet Pg. 241 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces)  All of the pictures used to illustrate the “problem” can be dealt with by existing laws, enforcement & support – 2 men lying down look like they need help, City already picks ups stuff. Give outreach and enhanced police time to work, enforce existing laws consistently and don’t add more fines and burdens to vulnerable people.  This ordinance will not address the main issue of concern as expressed by Council - the vomiting and defecation in entryways and alleys. Please ask staff to present a resolution to help identify these issues.  Before considering ticketing individuals with more stuff than they can carry with two hands, the City* must provide lockers/safe places for individuals to store their belongings. This must be accessible 24/7. o *Not a church  One of values we teach our children and grandchildren is to help and support others. o Example – Giving to charity, Salvation Army, Rescue Mission. o Can food drives in the Church & School  I have asked who will receive this help by my children and grandchildren . Seeing people down on their luck in Old Town makes this act of kindness real  Making a problem less visible does not lead to a solution. (+1)  I do not believe this will be enforced equally. As a middle class white woman, I can much guarantee I would never be contacted by police for this. (+1)  City Leaders say this proposal is not about homeless people, but about behaviors, but the proposal makes regular human behaviors for those who have no residence a crime. Sitting or resting or having more possessions than can fit in a back pack are specifically things that people without housing need to do. We need lockers for people’s things, more housing, more resources for people.  Our City is better than this. (+1)  Perennial plants would save us thousands!  It may target behavior, but by nature it will disproportionally impact homeless people. They need our help, not more stress.  Criminalizing behavior which adversely affects a certain class is simply immoral.  Already unlawful: o Public urination o Drunk in public o Disorderly conduct o Destruction of property o Smoking and public drug use  THESE ARE DISRUPTIVE. SITTING, LYING, UNATTENDED PROPERTY IS NOT.  Why March 7th – Can’t we delay?  When is property abandoned vs unattended?  Why was “attended item larger than what the average adult can carry” left out of this presentation? If I am a visiting downtown shopper with my two suitcases, will you ticket me? Say I do it twice?  Considering the disproportionate ticketing of those without homes under the no-smoking ordinance, how can we expect an equal application of this regulation to all individuals based on police discretion? 20.3 Packet Pg. 242 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces)  These ordinances are clearly aimed at addressing behaviors associated with being homeless. I do not believe the will be enforced equally and will not address the root of the problem.  It is not okay to make homelessness invisible. Downtown should be open for everyone.  Trial period of one year should be placed on regulations: Data then collected to determine cost, effectiveness, etc.  Where can a person rest, sit, hang out for hours and be legal? Safe? (+1 +1)  I would recommend using jail bed $ to beef up the lockers and “social worker” program.  Does “attended property” (when referring to more than you can carry with two hands) also include property you have while walking, biking, mobilizing?  It doesn’t make sense to vote on this when there’s obviously so much work/comments/questions to be done/had. If FC Outreach has worked so well, why don’t we keep working with what has given PROVEN, SUCCESSFUL RESULTS. There were great suggestions and comments today that won’t even be considered into the draft today, referring to a lady’s concern about behavior – 2 a.m. – 9 a.m.  If some of the DBA has issue with property on streets being disruptive, MAKE THEM take their signs, their drunk, smoking customers, OFF THE SIDEWALK TOO.  The most destructive behavior I have experienced in Old Town is associated with drunk-bar-hoppers, not people sitting, lying or carrying a lot of stuff. (+1)  Did Council include lying on benches? o Do we need more treatment centers? o ACLU? +1 see DOT filing re: San Francisco sit-lie o Will this displace the problem? o Cost? o Attended personal belongings? More than can carry? o Penalties? o Littering vs. unattended property? o Bar crowd, noise, trash? o What happens to unattended property? o Providing lockers and more to help? o Give Outreach Fort Collins more time o What stakeholders?  Who is this ban for and what are their exact concerns?  Give Outreach Fort Collins a chance. One summer is not enough! (+2)  Recognize that tickets – courts can have long-time consequences  I, too, am worried about potential abuse and discrimination.  Plant food.  In the public comment survey, we were not given the opportunity to express our opinions about the part of the ordinance criminalizing having more stuff than you can carry with hands. This is very upsetting because this is one part of the ordinance that bothers me the most. 20.3 Packet Pg. 243 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces)  Smoking Ban has shown: This law WILL be enforced discriminatorily.  Thank you for the outreach team. o It is deeply problematic even to threaten an ordinance that would prohibit sitting for longer than one hour. A lot of energy went into that particular prohibition, and it generated quite a lot of fear. More communication with neighbors who are homeless would have helped avoid this. 20.3 Packet Pg. 244 Attachment: In-Person Outreach Results (5375 : Appropriate Use of Public Spaces) ATTACHMENT 4 20.4 Packet Pg. 245 Attachment: DDA Letter Regarding Appropriate Use of Public Spaces (5375 : Appropriate Use of Public Spaces) Page 1 of 7 Attachment: Online Survey Results – approximately 2,270 Responses 3% 5% 12% 18% 87% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% None of the above Own a business downtown Live downtown Work downtown Visit/frequent downton Do You 46% 27% 14% 10% 2% How often do you frequent downtown? Weekly Daily Occassionally (1 or 2 times a month) Monthly Rarely (1 or 2 times a year) ATTACHMENT 5 20.5 Packet Pg. 246 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Page 2 of 7 46% 44% 10% How often do you experience aggressive or initimidating behavior? Never Sometimes (not a common occurrence) Frequently (almost every time I'm downtown) 39% 53% 8% How often do you experience groups or individuals sitting or lying on sidewalks? Frequently (almost every time I'm downtown) Sometimes (not a common occurrence) Never 20.5 Packet Pg. 247 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Page 3 of 7 When asked about behaviors that diminish the downtown experience comments tended to address the following:  Smoking, drug use, and late night intoxication  Panhandling and sign petitioners  Coal rolling, cruising, loud vehicles, and aggressive driving  Multiple aggressive behaviors including yelling, cursing, following people, fighting, and cat‐calling  Skateboarders and bikers not dismounting Numerous comments referred to a general shift towards feeling less safe downtown and avoiding with visitors and small children. This was also reflected in comments specifically addressing the downtown 62% 38% Are there other behaviors that have diminished your downtown experience? No Yes 59% 26% 15% How often do you experience intoxicated or impaired behavior? Sometimes (not a common occurrence) Frequently (almost every time I'm downtown) Never 20.5 Packet Pg. 248 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Page 4 of 7 library. Comments reflected a sense that the over‐arching mission of the library is being lost and employees are stretched to work outside of their area of expertise. There was also strong support for greater enforcement of smoking Comments addressing the proposed regulations reflected desires to make downtown feel safe for everyone and to not “criminalize homelessness.” 10% 20% 25% 25% 39% 45% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Other Prohibiting sitting on sidewalks Prohibiting lying on sidewalks for more than an hour Prohibiting sitting on sidewalks for more than an hour Prohibiting lying on sidewalks No, do not regulate Should the City regulate sidewalk behavior in any of the following ways? 20.5 Packet Pg. 249 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Page 5 of 7 6% 20% 22% 32% 32% 46% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Other On benches for more than four hours On sidewalks for more than four hours On benches for more than an hour On sidewalks for more than an hour No, do not regulate Should the City prohibit placement of personal goods: 7% 32% 41% 43% 53% 0% 10% 20% 30% 40% 50% 60% Other Sitting No, do not regulate Placement of personal items Lying Should the City prohibit any of the following on planters: 20.5 Packet Pg. 250 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Page 6 of 7 Themes from general comments left after the survey: Key themes from survey comments pages 66‐99:  Individuals are avoiding/leaving downtown because of the problems. Safety and family friendliness were commonly cited as reasons.  Concerns about criminalizing homelessness and the legality of the ordinance  Public intoxication and enforcement of the smoking ordinance should be focused on more.  Resources may be more effective elsewhere  Mixed comments about this being a severe problem which is ruining downtown to there being no problem at all  Provide lockers or additional benches  Concerns that something needs to be done as the problem only continues to get worse Key themes from survey comments pages 100‐126:  City needs to help the homeless, not move them out.  Banning people from sitting and lying is criminalizing homelessness.  Can’t enjoy Downtown anymore because of smoking, drunk college students and people blocking sidewalks.  Survey was biased.  Panhandlers are a problem.  This is a really complex issue. Key themes from survey comments pages 126‐160:  The City should be focusing on other efforts and funding different programs such as housing, day shelters, mental health support, and outreach to combat the problem of aggressive/Disruptive behaviors downtown.  This ordinance would be extremely difficult to enforce and would result in targeting of the homeless population.  Residents are concerned about safety and being regularly exposed to aggressive and disruptive behavior and believe that action should be taken by the city. 20.5 Packet Pg. 251 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Page 7 of 7  Negative encounters with people downtown come more from drunk bar‐goers than the homeless/transient populations.  The city should not regulate these shared spaces, as they are “shared” and should be open. 20.5 Packet Pg. 252 Attachment: Online Survey Results (5375 : Appropriate Use of Public Spaces) Appropriate Use of Shared Public Space 1 ATTACHMENT 6 20.6 Packet Pg. 253 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Background 2015 Survey Top 3 Disruptive Behaviors Downtown: • Panhandling • Groups or individuals sitting or lying on sidewalks • Aggressive, intimidating behavior Action taken • City partnered to create Outreach Fort Collins • Committed additional police resources to the Downtown area 2 20.6 Packet Pg. 254 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Current Efforts § Positive impacts have been made § Continue to hear complaints, particularly from businesses and patrons in the Downtown core. § Hundreds of emails, 25+ SARs last summer 3 20.6 Packet Pg. 255 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Challenges Remain 4 20.6 Packet Pg. 256 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Stakeholder Input • Stakeholder group met in October • Identified the following gaps: • Jail Space • Appropriate Use of Public Spaces Ordinance • Give Real Change program (panhandling alternative) 5 20.6 Packet Pg. 257 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Proposed Regulations Specific options would prohibit: • Sitting or lying on public sidewalks or plazas (9:00 am - 2:00 am) • Leaving personal property unattended. • Sitting or lying on things not designed for sitting (planters, flower beds, etc.) • Sitting on a bench for longer than one hour. • Reclining or lying on a chair, bench, or other objects designed for sitting. 6 20.6 Packet Pg. 258 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Proposed Regulations . • Regulations focus on maintaining a pedestrian friendly environment. • Focuses on smoke-free zone boundary as implementation area. • Includes Old Town Square and Oak Street Plaza. 7 20.6 Packet Pg. 259 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) This Ordinance Is Not… 8 20.6 Packet Pg. 260 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Process and Outreach The City sought feedback in the following ways: • City Board and Commission Meetings • Online survey • Coffee talk • Community meeting • Business outreach 9 20.6 Packet Pg. 261 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Extensive Surveying In-Person Surveys • Aztlan Center Community Meeting • Downtown Business Association (2 meetings) • Downtown Development Authority • Local Legislative Advisory Committee Online Survey • Over 2200 responses 10 20.6 Packet Pg. 262 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) 11 14% 0% 32% 50% 82% 13% 21% 28% 21% 61% 31% 13% 31% 25% 63% 22% 8% 24% 44% 71% 7% 78% 8% 8% 11% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Prohibiting lying on sidewalks for more than 1 hour No, do not regulate Prohibiting sitting on sidewalks for more than 1 hour Prohibiting sitting on sidewalks Prohibiting lying on sidewalks Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) In-Person Survey Results: Sidewalks 20.6 Packet Pg. 263 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Online Survey – Sidewalks 12 10% 20% 25% 25% 39% 45% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Other Prohibiting sitting on sidewalks Prohibiting lying on sidewalks for more than an hour Prohibiting sitting on sidewalks for more than an hour Prohibiting lying on sidewalks No, do not regulate Should the City regulate sidewalk behavior in any of the following ways? 20.6 Packet Pg. 264 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) In-Person Survey – Unattended Property 13 18% 18% 0% 82% 82% 28% 24% 16% 45% 45% 25% 13% 6% 44% 56% 12% 12% 3% 75% 73% 14% 19% 69% 9% 12% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% On sidewalks for more than 4 hours On benches for more than 4 hours No, do not regulate On benches for more than 1 hour On sidewalks for more than 1 hour Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.6 Packet Pg. 265 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Online Survey – Unattended Property 14 6% 20% 22% 32% 32% 46% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Other On benches for more than four hours On sidewalks for more than four hours On benches for more than an hour On sidewalks for more than an hour No, do not regulate Should the City prohibit placement of personal goods: 20.6 Packet Pg. 266 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) In-Person Survey - Planters 15 0% 91% 86% 100% 15% 58% 78% 79% 0% 56% 56% 75% 5% 80% 85% 93% 66% 24% 30% 30% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% No, do not regulate Sitting Placement of Personal Items Lying Aztlan (74) DBA (59) DDA (16) Super Issue (67) LLAC (22) 20.6 Packet Pg. 267 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Online Survey - Planters 16 7% 32% 41% 43% 53% 0% 10% 20% 30% 40% 50% 60% Other Sitting No, do not regulate Placement of personal items Lying Should the City prohibit any of the following on planters: 20.6 Packet Pg. 268 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Staff Recommendation Staff recommends an Appropriate Use of Public Spaces Ordinance that: • Prohibits Sitting or lying on public sidewalks or plazas (9:00 am - 2:00 am) • Prohibits leaving personal property unattended. • Prohibits sitting or lying on planters, flower beds, and similar objects 17 20.6 Packet Pg. 269 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) Thank you. 18 20.6 Packet Pg. 270 Attachment: Power Point Presentation (5375 : Appropriate Use of Public Spaces) ORDINANCE NO. 043, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A NEW SECTION 17-46 REGULATING USE OF PUBLIC FACILITIES ON SIDEWALKS, PLAZAS, PUBLIC RESTROOMS AND TRANSIT FACILITIES WHEREAS, pursuant to its constitutional home rule powers and Sections 31-15-401 and 31-15-702, Colorado Revised Statutes, the City has the power to regulate the conduct upon and the use of public sidewalk areas and plazas, near public restrooms, and at transit facilities; and WHEREAS, in recent years there has been an increase in complaints from businesses and individuals about persons sitting, lying, and depositing personal items on the sidewalks and plazas in the downtown area, and a lack of clear egress and ingress near public restrooms and at transit facilities; and WHEREAS, the City Council finds that the City has a compelling interest in encouraging and preserving a vital, pedestrian-friendly downtown center and safe, convenient access to public transit facilities and restrooms; and WHEREAS, the City Council finds that the downtown area contains dense and highly trafficked pedestrian areas and significant vehicular traffic and parking; and WHEREAS, the City Council finds that it is beneficial to encourage a pedestrian-friendly and shared public downtown area; and WHEREAS, the City Council finds that the environment and economic vitality of the City benefits when citizens and visitors use public transportation; and WHEREAS, when persons misuse public transit facilities or restrooms, it makes those facilities unavailable to others who want or need to use them; and WHEREAS, citizens are often reticent to use public restrooms and transportation when people are sitting or lying at or near the entrance to such facilities, or have stored their belongings there; and WHEREAS, the City Council believes it is necessary to regulate the appropriate use of public facilities, including sidewalk areas, plazas, public restrooms, and transit facilities under the circumstances set forth herein, for the preservation of the health, safety, and welfare of the City’s citizens and visitors. 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 finds that the City has a compelling interest in: (a) encouraging and preserving vital transit facilities and a pedestrian-friendly downtown business area; (b) promoting business and tourism in the downtown business area; (c) preserving the safety of pedestrians, particularly the elderly, disabled, vision- impaired and children; (d) encouraging the use of public sidewalk areas and plazas for travel in and about the downtown business area as a realistic alternative to the use of motor vehicles; (e) keeping a clear egress and ingress to public restrooms for citizens and visitors; and (f) promoting the safe and efficient use of public transportation. Section 3. That the City Council hereby finds that the transit facilities and public restrooms throughout the City, and public sidewalk areas and plazas within the downtown business area, have high pedestrian use, and individuals sitting or lying down on those areas or on objects located therein that are not intended for sitting or lying, or using those areas to store personal property: (a) are disruptive to residents, visitors, businesses, transit users, and customers; (b) discourage, block, or inhibit the free passage of pedestrians and the intended use of public restroom and transit facilities; (c) contribute to the loss of access to and enjoyment of businesses and public places; (d) impede the ability of visitors and citizens to share the public space in the downtown area; (e) cause residents and visitors to tend to avoid such areas, thereby threatening the vitality of the businesses within and surrounding the area, and the City’s overall economic health; and (f) damage structures and equipment and impair use for their intended purposes. Section 4. That Article III of Chapter 17 of the City Code is hereby amended by the addition of a new Section 17-46 which reads in its entirety as follows: Sec. 17-46. Appropriate use of public facilities. (a) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection: Authority means the Downtown Development Authority. Child means any person under the age of 13. City function means any task or job or the preparation for any task or job related to the construction, operation, or maintenance of public facilities. Disability shall mean a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment or being regarded as having such an impairment. Downtown area shall mean within the area bounded by: the center of Mason Street from the center of Maple Street to the center of Olive Street; the center of Olive Street from the center Mason Street to the center of Remington Street; the center of Remington Street from the center of Olive Street to the center of Oak Street; the center of Oak Street from the center of Remington Street to the center of Mathews Street; the center of Mathews Street from the center of Oak Street to the center of Mountain Avenue; the center of Mountain Avenue from the center of Mathews Street to the center of Jefferson Street; the center of Jefferson Street from the center of Mountain Avenue to the center of Maple Street; the center of Maple Street from the center of Jefferson Street to the center of Mason Street. For purposes of this definition, the center of any given street shall be deemed to be the midpoint between the outer boundaries of such street. For streets running north to south or approximately north to south, the center runs north to south or approximately north to south, respectively; for streets running east to west, the center runs east to west or approximately east to west, respectively; the center of Jefferson Street runs approximately southeast to northwest. A map showing the approximate area of the downtown area, called the Downtown Smoke- Free Zone, dated February 27, 2015, is on file in the Office of the City Clerk. Major life activities shall mean functions such as, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, learning, reading, concentrating, thinking, communicating, breathing, and working. Oak Street Plaza shall mean the property described in Ordinance No. 134, 2006. Old Town Plaza shall have the meaning ascribed to it in § 15-381 of this Code. Pedestrian Walkway shall mean a public alley or other public passageway that is not a sidewalk but has been improved for pedestrian access and use. Personal property shall mean moveable, tangible property of any kind that can be seen, weighed, measured, felt, or touched, or is in any other way perceptible to the senses, not including land, interests in land, or public fixtures. Physical or mental impairment shall mean, but is not limited to, any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The phrase physical or mental impairment includes but is not limited to such conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), and tuberculosis, among other conditions. Public plazas shall mean Old Town Plaza and Oak Street Plaza. Public restroom shall mean any city-owned or operated restroom. Public sidewalk shall mean any portion of a street between the curbline and the adjacent property line, excluding parkways, which is intended for use by pedestrians. Transit facility shall mean any bus stop, bus shelter, bus bench, transit center, or pedestrian overpass or underpass. (b) In the downtown area, between the hours of 9:00 a.m. and 2:00 a.m., or at any time when ordered to move by any City or Authority employee or contractor to accomplish any City or Authority function, it shall be unlawful for any person to sit, kneel, or lie down upon a public sidewalk or pedestrian walkway, in any public plaza, or upon any other object placed upon a public sidewalk, pedestrian walkway or public plaza, including, but not limited to a personal cloth or pad, or a chair or other seat not provided by a public agency or pursuant to a City-issued or Authority-issued permit or license. (c) It shall be unlawful for any person to sit, kneel, or lie down upon any area not designed for sitting in a transit facility, or upon public property within twenty (20) feet of a transit facility. (d) It shall be unlawful for any person to sit, kneel or lie down upon any area in a public restroom, or within ten (10) feet of the entrance or exit to a public restroom, except for areas designed for sitting, such as a toilet or a bench. (e) Subsections (b) through (d) shall not apply to a person who: (1) sits, kneels, or lies down because of, and to the extent reasonably necessary, due to, a medical emergency; (2) as a result of a disability, utilizes a wheelchair or similar device to move about the sidewalks, public plazas, transit facilities, or public restrooms; (3) sits on a chair or bench that is supplied by the City or Authority or authorized pursuant to a City-issued or Authority-issued license, permit, or other authorization; (4) is a child being transported in a stroller or similar device; (5) is a child playing or participating in activities which may include sitting, in designated play areas; (6) operates a commercial establishment or vending cart, or carries out other activities on public sidewalks, pedestrian walkways or plazas pursuant to a City-issued or Authority issued license, permit, or other authorization; (7) participates in or views a parade, festival, performance, rally, demonstration, fair, or similar event authorized pursuant to a City-issued or Authority-issued license, permit, or other authorization; or (8) is an employee of the City or Authority, or any party contracting with the City or Authority, who is performing work or maintenance, or conducting management or enforcement functions, on the public sidewalks, pedestrian walkways, plazas, public restrooms or transit facilities, that is within the scope and authority of his/her employment. (f) It shall be unlawful for any person to cause or permit the depositing of unattended personal property in the following locations: (1) upon a public sidewalk or pedestrian walkway, in any public plaza, or upon or in any other public fixture or furniture in the downtown area, between the hours of 9:00 a.m. and 2:00 a.m., or at any time when ordered to move by any City or Authority employee or contractor to accomplish any City or Authority function; (2) in a public restroom or within ten (10) feet of the entrance or exit to a public restroom; or (3) in a transit facility or on public property within twenty (20) feet of a transit facility. (g) The prohibition in Subsection (f) shall not apply if: (1) the deposited property is a wheeled device designed for the purpose of transporting a person of any age, which is temporarily stored in a location designed and designated for such storage; (2) the fixture is designed, intended and made available to the public for such use, such as a trash can or recycling bin; (3) the person is acting under the authority of a City-issued or Authority-issued license or permit; or (4) such personal property is being moved into or out of a business or residence with consent of the occupant. (h) It shall be unlawful for any person to cause or permit the depositing of attended personal property in the following locations: (1) upon a public sidewalk or pedestrian walkway, in any public plaza, or upon or in any other public fixture or furniture in the downtown area, between the hours of 9:00 a.m. and 2:00 a.m., or at any time when ordered to move by any City or Authority employee or contractor to accomplish any City or Authority function; (2) in a public restroom or within ten (10) feet of the entrance or exit to a public restroom; or (3) in a transit facility or on public property within twenty (20) feet of a transit facility. (i) The prohibition in Subsection (h) shall not apply if: (1) the personal property is attended by the owner or keeper of the property; and (2) the amount of property deposited is less than or equal to an amount that may reasonably be expected to be hand-carried by a single adult. (j) Subsections (f) through (i) shall not apply to a person who: (1) operates a commercial establishment or vending cart, or carries out other activities on public sidewalks, pedestrian walkways or plazas pursuant to a City-issued or Authority issued license, permit, or other authorization; (2) participates in or views a parade, festival, performance, rally, demonstration, fair, or similar event authorized pursuant to a City-issued or Authority-issued license, permit, or other authorization; or (3) is an employee of the City or Authority, or any party contracting with the City or Authority, who is performing work or maintenance, or conducting management or enforcement functions, on the public sidewalks, pedestrian walkways, plazas, public restrooms or transit facilities, that is within the scope and authority of his/her employment. (k) This Section does not permit any conduct that is prohibited by ordinances of Fort Collins regarding interference with pedestrian or vehicular traffic. (l) A culpable mental state is not required, and need not be proven, for an offense under this Section. (m) Nothing in this Section is intended to modify any restriction regarding unattended displays in Chapter 23 of the City Code. Section 5. The City Council hereby directs the City Manager to report back to the City Council in one year from the effective date of this Ordinance on the impacts of enacting these new Code provisions. Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY March 7, 2017 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT Items Relating to Short Term Rental Land Use Code and City Code Ordinances. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 044, 2017, Amending the City of Fort Collins Land Use Code Regarding Short Term Rentals. B. First Reading of Ordinance No. 045, 2017, Amending Chapter 15 of the Code of the City of Fort Collins to Add Short Term Rental Licensing Regulations. The purpose of this item is to bring forward a licensing structure and the associated Land Use Code (LUC) changes to regulate short term rental (STR) activity in the City of Fort Collins. These Ordinances together provide regulations that address:  Allowable zones for both primary and non-primary STRs  Grandfathering of existing lawful STRs as nonconforming uses  Parking requirements for STRs  STR safety inspections  Limiting STR licenses to property owners STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading, followed by a 2-year review to evaluate effectiveness and any needed changes. BACKGROUND / DISCUSSION Short term rentals refer to lodging offered for less than 30 days. The lodging can be a whole house, a private room or space in a house, or shared accommodations. There are numerous online platforms catering to STRs, the most popular being Vacation Rental By Owner (VRBO) and Airbnb. The short term rental phenomenon, like other online/innovative activities, has become widely utilized prior to the creation or adoption of standard regulations. Fort Collins first began discussing STRs over two years ago. In the time since, staff has engaged with residents and Council to seek means to protect and enhance neighborhood livability and the compatibility of STRs with other uses, protect renters of STRs, maintain the availability of residential housing, and ensure proper tax collection while still accommodating a popular and desired use in the community. Proposed Ordinance Highlights Land Use Code (LUC) Changes/additions to the LUC include definitions, zoning limitations, and parking minimums. 21 Packet Pg. 279 Agenda Item 21 Item # 21 Page 2 Definitions: Primary residence shall mean the dwelling unit in which a person resides for nine or more months of the calendar year. Under this definition, a person has only one primary residence at a time. Short term non-primary rental shall mean a dwelling unit that is not a primary residence and that is leased in its entirety to one party at a time for periods of less than 30 consecutive days. The term party as used in this definition shall mean one or more persons who as a single group rent a short term non- primary rental pursuant to a single reservation and payment. Short term primary rental shall mean a dwelling unit that is a primary residence of which a portion is leased to one party at a time for periods of less than 30 consecutive days. The term party as used in this definition shall mean one or more persons who as a single group rent a short term primary rental pursuant to a single reservation and payment. A carriage house that is not a primary residence is deemed to be a short term primary rental if it is located on a lot containing a primary residence. A dwelling unit of a two-family dwelling that is not a primary residence is deemed to be a short term primary rental if the connected dwelling unit is a primary residence and both dwelling units are located on the same lot. Early on in the outreach process it was clear that residents felt a distinct difference between an owner- occupied STR (primary) and a non-owner occupied (non-primary) STR. These have been defined separately. The definitions also state that a primary STR owner must be a resident at least 9-months of the year and allow for a carriage house or duplex to be considered a primary STR. Zoning Primary STRs are allowed in 20 zones, all of which currently allow bed and breakfast of less than six bedrooms and hotels and motels. (Attachments 1 and 2) Non-primary STRs are limited to13 zones that currently allow hotels, motels, bed and breakfasts of any size. (Attachment 1 and 3) Parking Parking minimums have been set at one off-street parking spot per every two bedrooms rented. Number of Bedrooms Rented Number of Off-Street Parking Spaces 1-2 1 3-4 2 5-6 3 The original proposed exemption for STRs in the Transit-Oriented Development Overlay Zone (TOD) has been removed, consistent with the recommendation by the Planning and Zoning Board. Municipal Code/Licensing The additions to the Municipal Code provide the structure for STR licensing. Highlights include:  All STRs required to have STR license  All are required to have a sales tax license and a lodging tax license and remit appropriate taxes  License must be posted at property and included in all advertising 21 Packet Pg. 280 Agenda Item 21 Item # 21 Page 3  All STRs will be inspected to ensure minimum property maintenance standards are met (Attachment 4)  Licenses are $200  Annual renewal is $100  Fee waiver for units providing the following accessibility amenities: No entryway stairs or offer access to a portable ramp. o Interior first/main floor with no stairs. Level access to living, eating, bathroom, and sleeping area. o All doorways on main level must be at least 36 inches wide. o No-step shower or shower bench provided. Grab bars are provided. o Raised toilet seat. o Bed cane/grab bar available for at least one bed in the unit. o Minimal carpeting or rugs throughout unit  Licenses run from January 1 to December 31  Only a property owner may license an STR (no tenants)  Local contact information required The proposed licensing and zoning provisions also include grandfathering for those STRs that may no longer be in an allowed zone. STRs that were operating as STRs, had acquired sales and lodging tax licenses, and remitted all required taxes prior to the adoption of zoning limitations would be allowed to apply for a STR license. Materials provided for the five City Council short term rental work sessions held on June 9, 2015, October 27, 2015, February 23, 2016, July 12, 2016, and January 10, 2017, are available at www.fcgov.com/shorttermrentals/. CITY FINANCIAL IMPACTS The proposed fee structure is set based on consideration for an on-site inspection and 2-3 hours of staff time per application in the first year. In renewal years staff time is expected to drop to 1-2 hours per renewal. For the last two years, sales tax staff has worked to educate and contact residents regarding the need for sales and lodging tax remittance. STR sales and lodging tax remittance from 2014 to current: Sales Tax Lodging Tax Total 2014 $25,667 $19,909 $45,576 2015 $59,552 $45,773 $105,325 2016 $74,045 $56,388 $130,433 Total $159,265 $122,069 $281,334 For the first two years of a licensing program, staff recommends contracting out the address verification and “scrubbing” of web sites for local listings. This process is the most difficult and time-consuming and there are now businesses that have become very efficient in this process. The cost to do this would range from 13-20K annually. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board considered the LUC changes at its December 15, 2016 meeting. The Board voted to recommend, with the exception of the TOD parking exemption from the minimum requirements. Staff met with the following boards for outreach purposes: Affordable Housing Board: October 2015, January 2016, November 2016 Human Relations Commission: May 2016 Commission on Disability: February 2016, October 2016 21 Packet Pg. 281 Agenda Item 21 Item # 21 Page 4 PUBLIC OUTREACH The ordinances under consideration were made available to the public on February 7, 2017 through fcgov.com and through direct email to known stakeholders. Prior to January 2017, staff met with individual stakeholder groups, the Visit Fort Collins Board, the Fort Collins Board of Realtors, and hosted three community open houses in 2016. Non-statistically valid online surveys were also conducted, including one targeted to neighbors of licensed STRs. The topic of STRs has been very polarized throughout the community. Since the first outreach STR hosts have wanted some level of regulation and neighbors have expressed a high level of concern about neighborhood quality. The focus of neighbor concerns includes the following:  A desire to classify STR operation as a commercial use not a residential use  General neighborhood impacts such as parking, noise, and lack of understanding of neighborhood norms  A loss of “neighborhood fabric” by not having permanent neighbors who are part of the community The proposed regulations provide a balance between protecting neighborhood quality and allowing this unique opportunity within our community. ATTACHMENTS 1. STR Zoning Matrix (PDF) 2. Zones Proposed to Allow Primary STRs (PDF) 3. Zones Proposed to Allow Non-Primary STRs (PDF) 4. STR Minimum Standards (PDF) 5. Powerpoint presentation (PDF) 21 Packet Pg. 282 ZoneDistrict Lodging Establishments Bedand Breakfast BedandBreakfast (Lessthan6beds) PrimarySTR NonͲPrimarySTR RuralLands(RUL) UrbanEstate(UE) XX ResidentialFoothills(RF) LowDensityResidential(RL) LowDensityMixedͲUseNeighborhood(LMN) XX MediumDensityMixedͲUseNeighborhood(MMN) X X HighDensityMixedͲUseNeighborhood(HMN) X X NeighborhoodConservation,LowDensity(NCL) NeighborhoodConservation,MediumDensity(NCM) XX NeighborhoodConservation,Buffer(NCB) X X PublicOpenLands(POL) RiverConservation(RC) DowntownͲOldCityCenter(DOC) X X X X DowntownͲCanyonAvenue(DCA) X X X X DowntownͲCivicCenter(DCC) X X X X RiverDowntownRedevelopment(RDR) X X X CommunityCommercial(CC) X X X X CommunityCommercialͲNorthCollege(CCN) X X X X CommunityCommercialͲRiver(CCR) X X X X GeneralCommercial(CG) X X X X GeneralCommercialͲIͲ25/SH392CorridorActivityCenter(cacCG) X X X ServiceCommercial(CS) XX XX NeighborhoodCommercial(NC) LimitedCommercial(CL) X X X X HarmonyCorridor(HC) X X X X Employment(E) X X X X Industrial(I) XX ŽŶŝŶŐDĂƚƌŝdžͲEĞǁ ATTACHMENT 1 21.1 Packet Pg. 283 Attachment: STR Zoning Matrix (5344 : Short Term Rentals) L a r i m e r a n d W e l d C a n a l L a ri m e r a n d W e ld C a n a l Terry Lake Horsetooth Reservoir Fossil Creek Reservoir Warren Lake ³I ³I ÕZYXW ÕZYXW ÉZYXW !"`$ SHIELDS COLLEGE TAFT HILL VINE DRAKE TRILBY OVERLAND LEMAY DOUGLAS TIMBERLINE PROSPECT LAPORTE MULBERRY HARMONY L a r i m e r a n d W e l d C a n a l L a ri m e r a n d W e ld C a n a l Terry Lake Horsetooth Reservoir Fossil Creek Reservoir Warren Lake ³I ³I ÕZYXW ÕZYXW ÉZYXW !"`$ SHIELDS COLLEGE TAFT HILL VINE DRAKE TRILBY OVERLAND LEMAY DOUGLAS TIMBERLINE PROSPECT LAPORTE MULBERRY HARMONY Short Term Rentals (STR) Minimum Standards The following items are required to be in place and operational at the time of the STR license inspection: Exterior 1. Stairways must not have loose or broken steps and have handrails solidly attached. 2. Decks and porches 30 inches above the ground must have guardrails that are solidly attached. 3. Window wells within 3 feet of driveways or sidewalks must be protected with guard rails or grate covers. 4. Insect screens are required on windows and doors used for ventilation from May to November. 5. Entry doors are required to have locks for security; locks shall operate from inside without a key or special knowledge. 6. Windows located within 6 feet of ground are required to have locks for security. Interior 1. All stairs must have solidly attached handrails and/or guardrails. 2. All walking surfaces must be in generally good repair and free of trip hazards. 3. Every bathroom and toilet room must have an openable window to the exterior or have an exhaust fan, ducted to the exterior. 4. Every clothes dryer must be exhausted to the exterior through metallic ducts. 5. Passage way opening or doorways shall provide an opening at least 24 inches wide by 6 feet tall. 6. Ceilings shall have a clear height of at least 6 feet. Sanitation 1. All plumbing fixtures must be maintained in a safe, sanitary and functional condition, free from obstructions, leaks and defects. 2. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers must have hot and cold running water. 3. The water supply system must have sufficient volume and pressure for proper function of plumbing fixtures. 4. Water shall be heated to a temperature of not less than 110 degrees with a storage capacity of 30 gallons minimum shall be provided. Mechanical 1. Habitable spaces must have heat during the period from September 15 to May 15 and maintain a temperature of not less than 68 degrees F. 2. All mechanical appliances must be properly installed and maintained in a safe working condition. 3. All fuel-burning equipment and appliances except for gas-cooking appliances must be connected to an approved chimney or vent. 4. All mechanical equipment must have an approved automatic safety fuel shutoff and an accessible manual fuel shutoff valve. 5. Every STR unit containing fuel-burning (natural gas) appliances(s) or constructed with an attached garage must have an approved carbon monoxide alarm maintained in sound operational condition. Electrical 1. All electrical equipment, wiring and appliances must be properly installed and maintained in a safe and approved manner. 2. Every habitable space in a dwelling must contain at least (2) separate and remote receptacle outlets. 3. Every laundry area must contain at least (1) grounded receptacle or a receptacle protected with a ground fault circuit interrupter (GFCI). 4. Every bathroom must contain at least (1) receptacle protected with a GFCI 5. Receptacle outlets installed in kitchens, garages, unfinished basements and exterior locations must be protected by a GFCI 6. Use of extensions cords are not allowed. Fire Safety 1. All sleeping rooms must be provided with emergency escape and rescue window having a maximum sill height of (48) inches above the floor and a minimum openable area of (720) square inches. 2. Smoke alarms (electric or battery operated) must be installed in each of the following areas: a. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. b. In each room used for sleeping purposes. c. In each story within a dwelling unit, including basements. ATTACHMENT 4 21.4 Packet Pg. 286 Attachment: STR Minimum Standards (5344 : Short Term Rentals) 1 City Council Regular Meeting March 7, 2017 Short Term Rentals (STRs) ATTACHMENT 5 21.5 Packet Pg. 287 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Short Term Rentals Short Term Rental (STR) refers to rental agreements for less than 30 days. Vacation Rentals by Owner (VRBO) and Airbnb are two of the most widely known. 2 21.5 Packet Pg. 288 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Proposed Regulations Land Use Code - Parking - Non-conforming Use - Definitions Municipal Code - Licensing framework 3 21.5 Packet Pg. 289 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Background § Exact address and owner contact information is not available on Airbnb and limited on other sites § Listings are inconsistent, hard to search, with overlap between sites § We have 150 with sales and lodging tax licenses 4 21.5 Packet Pg. 290 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Background January 10, 2017-Direction 5 PROVISION CURRENT DRAFT NEW DIRECTION Primary STRs Allowed everywhere Only allowed where Bed & Breakfast and Lodging Establishments allowed Non-Primary STRs Only allowed where Bed & Breakfast and Lodging Establishments allowed Only allowed where Lodging Establishments allowed Non-Primary Licenses Only 3 per person/entity No limit based on zoning restrictions Grandfathering Grandfather in existing Non-Primary STRs Grandfather in existing Primary and Non- Primary STRs that have remitted sales and lodging tax and put an amortization schedule in place Inspections All STRs inspected No Change Parking Requirements TOD exemption No TOD exemption 21.5 Packet Pg. 291 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Definitions Short term primary rental: A dwelling unit that is a primary residence where a portion is leased to one party at a time. Owners must reside in their primary STR at least 9 months out of the year. • A carriage house or one side of a duplex can be a short term primary rental if it is located on a lot containing a primary residence. Short term non-primary rental: A dwelling unit that is not a primary residence and that is leased in its entirety to one party at a time. Party: One or more people who rent as a single group. 6 21.5 Packet Pg. 292 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Minimum Parking Requirements Minimum off-street parking: 7 Number of Bedrooms Rented Number of Off-Street Parking 1-2 1 3-4 2 5-6 3 21.5 Packet Pg. 293 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Zoning Limitations Primary STRs are allowed in 20 zones, all of which currently allow bed and breakfast of less than six bedrooms, hotels and motels. Non-primary STRs are limited to13 zones that currently allow other hotels, motels, bed and breakfasts. 8 21.5 Packet Pg. 294 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Proposed Regulatory Concepts STR License: • Licenses- $200 non-refundable and non-transferrable. • Annual renewal $100. • License is for the person not the property. • License is non-transferrable and revocable. • License posted at property and number required to be included on all advertising. 9 21.5 Packet Pg. 295 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Proposed Regulatory Concepts All STRs would require: § Sales and lodging tax licenses and remittance of all applicable taxes. § A one-time inspection. • Exterior, Interior, Sanitation, Mechanical, Electrical, Fire Safety • Can be waived if proof of recent inspection § A description of the area to be rented (ex. Back bedroom and bath; downstairs portion of house, etc.) 10 21.5 Packet Pg. 296 Attachment: Powerpoint presentation (5344 : Short Term Rentals) Other Considerations: • Waiving of fee for more handicap accessible STRs • License must include name of local contact • Existing STRs • If a STR is in a non-allowable zone and was operating with tax licenses and remitting all required taxes prior to licensing being required, they may apply for a STR license by July 1, 2017* (*to be finalized upon adoption date.) 11 Proposed Regulatory Concepts 21.5 Packet Pg. 297 Attachment: Powerpoint presentation (5344 : Short Term Rentals) 12 21.5 Packet Pg. 298 Attachment: Powerpoint presentation (5344 : Short Term Rentals) -1- ORDINANCE NO. 044, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE REGARDING SHORT TERM RENTALS 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, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, 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, the renting of dwelling units for periods of less than thirty days (“Short Term Rental” or “Short Term Rentals”) is an ongoing activity in the City that has been permitted to date as an allowable residential use pursuant to the Land Use Code conditioned upon the person conducting the rental obtaining appropriate City sales and use and lodging tax licenses; and WHEREAS, in response to community concerns regarding Short Term Rentals, Council at its June 9, 2015, work session directed City staff to investigate and conduct public outreach regarding Short Term Rentals; and WHEREAS, Council conducted four subsequent work session on October 27, 2015, February 23, 2016, July 26, 2016, and January 10, 2016, during which Council evaluated and provided feedback on City staff research into Short Term Rentals within the City and in other jurisdictions, proposals for Short Term Rental regulations, and the results of public outreach; and WHEREAS, City staff has conducted extensive public outreach since 2015 regarding proposed regulation of Short Term Rentals including community open houses, online surveys, and outreach to the Visit Fort Collins Board and the Fort Collins Board of Realtors; and WHEREAS, City staff conducted outreach with the Fort Collins Affordable Housing Board regarding Short Term Rentals in October 2015, January 2016, and November 2016; and WHEREAS, City staff conducted outreach with the Fort Collins Human Relations Commission regarding Short Term Rentals in May 2016; and WHEREAS, City staff conducted outreach with the Fort Collins Commission on Disability regarding Short Term Rentals in February and October 2016; and WHEREAS, the Fort Collins Planning and Zoning Board at its December 15, 2016, regular meeting considered the proposed Land Use Code changes regarding Short Term Rentals and recommended adoption of the changes with the exception of the proposed parking requirement exception for Short Term Rentals located within the Transit Overlay District; and Packet Pg. 299 -2- WHEREAS, public outreach showed both support and concern for Short Term Rentals; and WHEREAS, the City wishes to protect neighborhoods while accommodating an existing and desired activity; and WHEREAS, by utilizing existing zoning code provisions and applying additional requirements on Short Term Rental activities, neighbors, renters, and traditional lodging establishments can all be protected from unregulated activity; and WHEREAS, limiting Short Term Rental activity by zone, inspecting properties, requiring minimum parking, and tax remittance will address concerns and provide a framework for Short Term Rental activity without jeopardizing neighborhood quality; and WHEREAS, in addition to input from the public presented to Council by City staff, Council has received extensive direct public input, in the form of correspondence and public comment at Council meetings, both in opposition to, and in support of, the adoption of Short Term Rental regulations; and WHEREAS, the changes to the Land Use Code set forth in this Ordinance are the result of the extensive research, public outreach, and discussion described above, and the public hearing process associated with adoption of this Ordinance; and WHEREAS, pursuant to Colorado Revised Statute §31-23-301, the City has been specifically granted the power to regulate the use of buildings for trade, industry, residence, or other purposes for the purposes of promoting health, safety, morals, or the general welfare of the community. WHEREAS, Council is concurrently considering Short Term Rental licensing regulations for adoption into the Code of the City of Fort Collins and the requirement for licensing is incorporated into the Land Use Code amendments set forth in this Ordinance. 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 based upon the information the City Council has received relevant to its consideration of the Land Use Code amendments set forth herein from work sessions, discussions with City staff, written and oral comments submitted by members of the public, and information and discussion during the public hearing process associated with adoption of this Ordinance, the Council makes the following additional determinations and findings: A. Short Term Rentals provide financial benefits to owners of such rentals and benefits to renters in the form of amenities and location. Packet Pg. 300 -3- B. Short Term Rentals could impact the neighborhoods in which they are located with respect to parking, noise, and neighborhood livability regarding persons from outside a neighborhood transiently visiting. C. Owners who occupy Short Term Rentals as their principal residences can provide greater oversight and accountability during periods rentals are occurring as opposed to Short Term Rentals not occupied by their owners as principal residences. D. Additional oversight of Short Term Rentals will help to ensure the health and safety of renters, and management of impacts to the surrounding neighborhood. Section 3. That the Land Use Code changes adopted herein are necessary to address the impacts of Short Term Rentals while at the same time recognizing the benefits of Short Term Rentals and reasonably allowing Short Term Rentals to continue operating with certain restrictions. The Land Use Code changes adopted herein are in the best interests of the citizens of Fort Collins and are adopted for the purposes of promoting the health, safety, morals, and general welfare of the community. Section 4. That Section 3.2.2(K)(1) of the Land Use Code is hereby amended by the addition of a new subsection (k) which reads in its entirety as follows: (k) Short term non-primary rentals and short term primary rentals: The minimum number of off-street parking spaces required are as follows: Number of Bedrooms Rented Number of Off-Street Parking Spaces 1-2 1 3-4 2 5-6 3 The number of additional off-street parking spaces required for more than six bedrooms rented shall be calculated in the same manner used in the above chart (e.g. 7-8 bedrooms rented requires 4 off-street parking spaces). Short term rentals licensed pursuant to the Code of the City of Fort Collins § 15-634 and for which the license application was submitted prior to June 30, 2017, are exempt from compliance with these parking requirements so long as such license remains continuously valid. Subsequent licenses issued pursuant to § 15-634 shall comply with these parking requirements. Section 5. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as follows: 3.8.3 - Home Occupations A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met: Packet Pg. 301 -4- . . . (10) A home occupation shall not be interpreted to include the following: (j) short term primary rentals and short term non-primary rentals. . . . Section 6. That Division 3.8 of the Land Use Code is hereby amended by the addition of a new subsection 3.8.34 which reads in its entirety as follows: 3.8.34 - Short Term Rentals (A) Applicability. These standards apply to short term primary rentals and short term non-primary rentals. (B) Purpose. The purposes of these standards are to mitigate the impacts of short term rentals on the neighborhoods in which they are located, to maintain and enhance neighborhood livability, to ensure the health and safety of renters of short term rentals, and to ensure the compatibility of short term rentals with the allowed uses in the applicable zone districts. (C) Location. Subject to subsection (F) below, the allowable locations of short term primary and non-primary rentals are determined by the zone districts and their respective list of permitted uses as described in Article Four. (D) Off-street Parking. Refer to § 3.2.2(K)(1)(k) for minimum off-street parking space requirements. (E) Licensing. The licensing of short term rentals is governed by the Code of the City of Fort Collins Chapter 15, Article XVIII. No dwelling unit shall be used as a short term primary rental or short term non-primary rental unless a license is first obtained pursuant to Chapter 15, Article XVIII. (F) Nonconforming Use. A dwelling unit utilized as a short term primary or non- primary rental that is located in a zone district where such use is prohibited, and such short term rental was a lawful use as defined in (3) below prior to [INSERT EFFECTIVE DATE OF THE LUC ZONING ORDINANCE PROHIBITING SHORT TERM PRIMARY AND NON-PRIMARY RENTALS IN CERTAIN ZONE DISTRICTS], is considered a nonconforming use. Such nonconforming use shall correspond to the type of short term rental conducted, either primary or non-primary, prior to the above date. (1) In addition to complying with the nonconforming use regulations in Land Use Code Division 1.5, the owner of the dwelling unit must obtain a Packet Pg. 302 -5- license pursuant to the Code of the City of Fort Collins § 15-634 and continuously maintain such license to maintain nonconforming use status. Failure to apply for such license by June 30, 2017, shall be considered abandonment of the nonconforming use. Should such license be revoked, not be renewed, or lapse for any period of time, the nonconforming short term rental use shall be considered abandoned or otherwise terminated. (2) Should ownership of a dwelling unit licensed pursuant to § 15-634 be transferred, and such license was continuously valid until the transfer of ownership, the new owner must comply with the following in order to continue the nonconforming use: (1) apply for a license pursuant to § 15- 634 within thirty days of the transfer of ownership; (2) comply with the parking requirements contained in § 3.2.2(K)(1)(k) of this Code; and (3) continuously maintain any license issued pursuant to § 15-634. Should any license issued to the new owner be revoked, not be renewed, or lapse for any period of time, the nonconforming short term rental use shall be considered abandoned or otherwise terminated. (3) To be considered a lawful use, a dwelling unit must have, prior to [INSERT EFFECTIVE DATE OF THE LUC ZONING ORDINANCE PROHIBITING SHORT TERM PRIMARY AND NON-PRIMARY RENTALS IN CERTAIN ZONE DISTRICTS], been actually utilized as a short term primary or non-primary rental pursuant to valid sales and use and lodging tax licenses issued for such dwelling unit in accordance with Chapter 25, Art. IV, of the Code of the City of Fort Collins, during all times the dwelling unit was rented as a short term primary or non-primary rental. Section 7. That Section 4.2(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: (e) Residential Uses: . . . 2. Short term primary rentals. Section 8. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: (e) Residential Uses: . . . 2. Short term primary rentals. Packet Pg. 303 -6- Section 9. That Section 4.6(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary rentals. Section 10. That Section 4.8(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: (a) Residential Uses: . . . 4. Short term primary rentals. Section 11. That Section 4.9(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 7 which reads in its entirety as follows: (a) Residential Uses: . . . 7. Short term primary rentals. Section 12. That Section 4.10(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary rentals. Section 13. That the table contained in Section 4.16(B)(2)A of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center A. RESIDENTIAL Packet Pg. 304 -7- . . . . . . . . . . . . Short term primary and non-primary rentals BDR BDR BDR . . . . . . . . . . . . Section 14. That Section 4.17(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary and non-primary rentals. Section 15. That Section 4.18(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary and non-primary rentals. Section 16. That Section 4.19(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary and non-primary rentals. Section 17. That Section 4.20(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary and non-primary rentals. Packet Pg. 305 -8- Section 18. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) A. RESIDENTIAL . . . . . . . . . Short term primary and non-primary rentals BDR BDR . . . . . . . . . Section 19. That Section 4.22(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: (e) Residential Uses: . . . 2. Short term primary and non-primary rentals. Section 20. That the table contained in Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas A. RESIDENTIAL . . . . . . . . . Packet Pg. 306 -9- Short term primary and non-primary rentals BDR BDR . . . . . . . . . Section 21. That Section 4.26(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: (e) Residential Uses: . . . 2. Short term primary and non-primary rentals. Section 22. That Section 4.27(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: (e) Residential Uses: . . . 3. Short term primary and non-primary rentals. Section 23. That Section 4.28(B)(1)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: (e) Residential Uses: . . . 2. Short term primary rentals. Section 24. That the definition “Bed and breakfast” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Bed and breakfast shall mean an establishment operated in a private residence or portion thereof, which that provides temporary accommodations for a fee to overnight guests, for a fee a morning meal limited to guests only, and that is occupied by the operator of such establishment. A bed and breakfast may provide accommodations to individuals or multiple separate parties concurrently on both a reservation and walk-in basis. The term party as used in this definition shall mean one or more persons who stay at a bed and breakfast as a single group pursuant to a single reservation and payment. Packet Pg. 307 -10- Section 25. That the definition “Dwelling” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single family dwellings, two-family dwellings, and multi-family dwellings, and short term primary and non-primary rentals. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other structures designed or used primarily for temporary occupancy with the exception of short term primary and non-primary rentals. Any dwelling shall be deemed to be a principle building. Section 26. That the definition of “Hotel/motel/lodging establishment” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Hotel/motel/lodging establishment shall mean a building other than a homeless shelter or seasonal overflow shelter intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms. The terms hotel/motel/lodging establishment shall not include homeless shelters, seasonal overflow shelters, and short term primary and non-primary rentals. Section 27. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of three new definitions which read in their entirety as follows: Primary residence shall mean the dwelling unit in which a person resides for nine or more months of the calendar year. Under this definition, a person has only one primary residence at a time. Short term non-primary rental shall mean a dwelling unit that is not a primary residence and that is leased in its entirety to one party at a time for periods of less than 30 consecutive days. The term party as used in this definition shall mean one or more persons who as a single group rent a short term non-primary rental pursuant to a single reservation and payment. Short term non-primary rental is a distinct use from short term primary rental under the Land Use Code. Short term primary rental shall mean a dwelling unit that is a primary residence of which a portion is leased to one party at a time for periods of less than 30 consecutive days. The term party as used in this definition shall mean one or more persons who as a single group rent a short term primary rental pursuant to a single reservation and payment. A carriage house that is not a primary residence is deemed to be a short term primary rental if it is located on a lot containing a primary residence. A dwelling unit of a two-family dwelling that is not a primary residence is deemed to be a short term primary rental if the connected dwelling unit is a primary residence and both dwelling units are located on the same lot. Short term primary rental is a distinct use from short term non-primary rental under the Land Use Code. Packet Pg. 308 -11- Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 309 -1- ORDINANCE NO. 045, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD SHORT TERM RENTAL LICENSING REGULATIONS WHEREAS, the renting of dwelling units for periods of less than thirty days (“Short Term Rental” or “Short Term Rentals”) is an ongoing activity in the City requiring owners of Short Term Rentals to obtain City sales and use and lodging tax licenses; and WHEREAS, in response to community concerns regarding Short Term Rentals, Council at its June 9, 2015, work session directed City staff to investigate and conduct public outreach regarding Short Term Rentals; and WHEREAS, City Council conducted four subsequent work session on October 27, 2015, February 23, 2016, July 26, 2016, and January 10, 2016, during which Council evaluated and provided feedback on City staff research into Short Term Rentals within the City and in other jurisdictions, proposals for Short Term Rental regulations, and the results of public outreach; and WHEREAS, City staff has conducted extensive public outreach since 2015 regarding proposed regulation of Short Term Rentals including community open houses, online surveys, and outreach to the Visit Fort Collins Board and the Fort Collins Board of Realtors; and WHEREAS, City staff conducted outreach with the Fort Collins Affordable Housing Board regarding Short Term Rentals in October 2015, January 2016, and November 2016; and WHEREAS, City staff conducted outreach with the Fort Collins Human Relations Commission regarding Short Term Rentals in May 2016; and WHEREAS, City staff conducted outreach with the Fort Collins Commission on Disability regarding Short Term Rentals in February and October 2016; and WHEREAS, public outreach showed both support and concern for Short Term Rentals; and WHEREAS, the City wishes to protect neighborhoods while accommodating an existing and desired activity; and WHEREAS, by utilizing existing zoning code provisions and applying additional requirements on Short Term Rental activities, neighbors, renters, and traditional lodging establishments can all be protected from unregulated activity; and WHEREAS, limiting Short Term Rental activity by zone, inspecting properties, requiring minimum parking, and tax remittance will address concerns and provide a framework for Short Term Rental activity without jeopardizing neighborhood quality; and Packet Pg. 310 -2- WHEREAS, in addition to input from the public presented to City Council by City staff, Council has received extensive direct public input, in the form of correspondence and public comment at Council meetings, both in opposition to, and in support of, the adoption of Short Term Rental regulations; and WHEREAS, the changes set forth in this Ordinance to Chapter 15 of the City Code to require licensing of Short Term Rentals are the result of the extensive research, public outreach, and discussion described above, and the public hearing process associated with adoption of this Ordinance; and WHEREAS, City Council is concurrently considering amendments to the City of Fort Collins Land Use Code regarding land use regulation of Short Term Rentals and such regulations incorporate the requirement for licensing as set forth in this Ordinance. 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 based upon the information the City Council has received relevant to its consideration of the City Code amendments set forth herein from work sessions, discussions with City staff, written and oral comments submitted by members of the public, and information and discussion during the public hearing process associated with adoption of this Ordinance, the Council makes the following additional determinations and findings: A. Short Term Rentals provide financial benefits to owners of such rentals and benefits to renters in the form of amenities and location. B. Additional oversight of Short Term Rentals through licensing will help to ensure the health and safety of renters. C. Licensing promotes a fair operating environment for traditional providers of lodging and transient accommodation by providing an additional measure to ensure sales and use and lodging taxes are remitted pursuant to City Code Chapter 25. D. Licensing facilitates ongoing data collection to further evaluate the impacts and benefits of Short Term Rentals. E. Short Term Rentals could impact the neighborhoods in which they are located with respect to parking, noise, and neighborhood livability regarding persons from outside a neighborhood transiently visiting. F. Owners who occupy Short Term Rentals as their principal residences can provide greater oversight and accountability during periods rentals are occurring as opposed to Short Term Rentals not occupied by their owners as principal residences. Packet Pg. 311 -3- Section 3. That the City Code changes adopted herein are necessary to address the impacts of Short Term Rentals while at the same time recognizing the benefits of Short Term Rentals and reasonably allowing Short Term Rentals to continue operating with certain restrictions. The City Code changes adopted herein are in the best interests of the citizens of Fort Collins and are adopted for the purposes of promoting the health, safety, morals, and general welfare of the community. Section 4. That Chapter 15 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article XVIII which reads in its entirety as follows: ARTICLE XVIII. SHORT TERM RENTAL LICENSING Sec. 15-628. - Purpose. The local licensing system implemented pursuant to this Article ensures the health and safety of renters of short term rentals, mitigates the impacts of short term rentals on the neighborhoods in which they are located, and maintains and enhances neighborhood livability. The system of licensing promotes a fair operating environment for all persons in the business of providing lodging or transient accommodation. The system of licensing also allows for ongoing data collection to further evaluate the impact of short term rentals on the neighborhoods in which they are located and on affordable housing. Sec. 15-629. - Definitions. The following definitions shall apply to this Article: Director shall mean the Director of Community Development and Neighborhood Services. Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building as such terms are defined in the Land Use Code. Financial Officer shall mean the Financial Officer of the City of Fort Collins referenced in Article V, Part III, § 21, of the City of Fort Collins Charter. Licensed premises shall mean a dwelling unit, or portion thereof, that has a valid license issued pursuant to this Article allowing short term primary or non-primary rental of such dwelling unit. Party shall mean one or more persons who as a single group rent a short term primary or non- primary rental pursuant to a single reservation and payment. Packet Pg. 312 -4- Primary residence shall mean the dwelling unit in which a person resides for nine or more months of the calendar year. Under this definition, a person has only one primary residence at a time. Short term non-primary rental shall mean a dwelling unit that is not a primary residence and that is leased in its entirety to one party at a time for periods of less than 30 consecutive days. The term short term non-primary rental shall not include the rental of a dwelling unit to the former owner immediately following the transfer of ownership of such dwelling unit and prior to the former owner vacating the dwelling unit. Short term primary rental shall mean a dwelling unit that is a primary residence of which a portion is leased to one party at a time for periods of less than 30 consecutive days. A carriage house, as defined in the Land Use Code, that is not a primary residence is deemed to be a short term primary rental and may be licensed as a short term primary rental if it is located on a lot containing a primary residence. A dwelling unit of a two-family dwelling, as defined in the Land Use Code, that is not a primary residence is deemed to be a short term primary rental and may be licensed as a short term primary rental if the connected dwelling unit is a primary residence and both dwelling units are located on the same lot. The term short term primary rental shall not include the rental of a dwelling unit to the former owner immediately following the transfer of ownership of such dwelling unit and prior to the former owner vacating the dwelling unit. Sec. 15-630. - License required. No dwelling unit may be utilized as a short term primary rental or short term non-primary rental within the City unless a license to rent such dwelling unit has been first issued as provided in this Article. Sec. 15-631. - Application for license. (a) A license to utilize a particular dwelling unit as a short term primary rental or short term non-primary rental may be granted in the discretion of the Financial Officer if he or she determines that the applicant and the premises proposed to be licensed meet the requirements of this Article. (b) The Financial Officer may require additional information and documentation as may be necessary to determine whether an application meets the requirements of this Article. (c) The applicant shall self-certify that the information on the application is accurate and truthful under penalty of perjury under the laws of the State of Colorado. (d) At the time of an initial or renewal application for a license, each applicant shall pay a fee set by the City Manager pursuant to his or her authority to establish administrative fees as set forth in Chapter 7.5 of this Code. The application fee may be refunded at the discretion of the Financial Officer if the applicant demonstrates that the dwelling unit proposed to be licensed has certain modifications that make it more accessible and accommodating to people with Packet Pg. 313 -5- disabilities. The modifications required for a refund shall be established in administrative regulations adopted pursuant to § 15-639. Sec. 15-632. - Licensing requirements. (a) The following are the minimum requirements that must be satisfied by the applicant for the issuance of a short term primary rental license. (1) The applicant must provide documentation satisfactory to the Financial Officer that the applicant is the owner of the dwelling unit and that the dwelling unit is his or her primary residence. (2) The applicant must have valid sales and use and lodging tax licenses issued pursuant to Chapter 25, Article IV, of the Code of the City of Fort Collins for the dwelling unit to be utilized as a short term primary rental. (3) The dwelling unit must comply with all applicable federal, state, and local laws including, but not limited to, the Code of the City of Fort Collins and Land Use Code, and in particular, Land Use Code § 3.2.2(K)(1)(k) which sets forth applicable parking requirements. (4) The dwelling unit must pass a safety inspection conducted by Community Development and Neighborhood Services. Such inspection shall examine the exterior and interior of the portions of the dwelling unit proposed to be rented to verify compliance with specific sanitation, mechanical, electrical, structural, and fire safety requirements in Chapter 5 of the Code of the City of Fort Collins and listed in administrative regulations adopted pursuant to § 15-639. The Director may waive the inspection for any dwelling unit that passed a comparable inspection of the areas of the dwelling unit proposed to be rented within the last five years from the date of application for a license. Documentation of such comparable previous inspection satisfactory to the Director must be submitted at the time of application. (5) The applicant must provide proof of liability insurance sufficient to compensate renters for injuries that may be sustained in the dwelling unit proposed to be rented within the coverage limits established in administrative regulations adopted pursuant to § 15-639. (6) No applicant shall be issued a license if marijuana is cultivated or processed, or marijuana products are processed or otherwise produced, in the dwelling unit proposed to be rented. (7) The applicant must identify one or more persons who will be available to respond within four hours at all times during which the dwelling unit is rented to any issues raised by the renter or the City. Any such person must have access to the dwelling unit and be authorized to make decisions regarding the dwelling unit. Packet Pg. 314 -6- (8) The dwelling unit must be located in a zone district that allows short term primary rentals as specified in the Land Use Code. Alternatively, the dwelling unit must satisfy the requirements contained in § 15-634 for short term primary rentals established in restricted zone districts prior to [INSERT EFFECTIVE DATE OF THE LUC ZONING ORDINANCE PROHIBITING SHORT TERM PRIMARY RENTALS IN CERTAIN ZONE DISTRICTS]. (9) The applicant must specify which portions of the dwelling unit will constitute the licensed premises available for use by renters. (b) The following are the minimum requirements that must be satisfied by the applicant for the issuance of a short term non-primary rental license. (1) The applicant must provide documentation satisfactory to the Financial Officer that the applicant is the owner of the dwelling unit. (2) The applicant must have valid sales and use and lodging tax licenses issued pursuant to Chapter 25, Article IV, of the Code of the City of Fort Collins for the dwelling unit to be utilized as a short term non-primary rental. (3) The dwelling unit must comply with all applicable federal, state, and local laws including, but not limited to, the Code of the City of Fort Collins and Land Use Code, and in particular, Land Use Code § 3.2.2(K)(1)(k) which sets forth applicable parking requirements. (4) The dwelling unit must pass a safety inspection conducted by Community Development and Neighborhood Services. Such inspection shall examine the exterior and interior of the portions of the dwelling unit proposed to be rented to verify compliance with specific sanitation, mechanical, electrical, structural, and fire safety requirements in Chapter 5 of the Code of the City of Fort Collins and listed in administrative regulations adopted pursuant to § 15-639. The Director may waive the inspection for any dwelling unit that passed a comparable inspection of the entire dwelling unit within the last five years from the date of application for a license. Documentation of such comparable previous inspection satisfactory to the Director must be submitted at the time of application. (5) The applicant must provide proof of liability insurance sufficient to compensate renters for injuries that may be sustained in the dwelling unit proposed to be rented within the liability coverage limits established in administrative regulations adopted pursuant to § 15-639. (6) No applicant shall be issued a license if marijuana is cultivated or processed, or marijuana products are processed or otherwise produced, in the dwelling unit proposed to be rented. Packet Pg. 315 -7- (7) The applicant must identify one or more persons who will be available to respond within four hours at all times during which the dwelling unit is rented to any issues raised by the renter, members of the public, and the City. Any such person must have access to the dwelling unit and be authorized to make decisions regarding the dwelling unit. (8) The dwelling unit must be located in a zone district that allows short term non- primary rentals as specified in the Land Use Code. Alternatively, the dwelling unit must satisfy the requirements contained in § 15-634 for short term non-primary rentals established in restricted zone districts prior to [INSERT EFFECTIVE DATE OF THE LUC ZONING ORDINANCE PROHIBITING SHORT TERM NON-PRIMARY RENTALS IN CERTAIN ZONE DISTRICTS]. Sec. 15-633. - Issuance of licenses. Upon compliance with the requirements of this Article, the Financial Officer shall issue a license to the applicant authorizing the short term rental of the licensed premises. The license issued shall allow only the short term primary rental or the short term non-primary rental of the licensed premises. Licenses issued for short term primary rentals shall specify the areas of the dwelling unit that may be rented. Each license shall be applicable to a single dwelling unit and no license issued shall be transferable. A license shall terminate upon transfer of ownership of the licensed premises. Sec. 15-634. - Licensing of short term primary and non-primary rentals existing prior to Land Use Code restrictions. (a) A dwelling unit used as a short term primary or non-primary rental that is located in a zone district in which the Land Use Code prohibits such use is eligible for a license pursuant to this Article provided that prior to [INSERT EFFECTIVE DATE OF THE LUC ZONING ORDINANCE PROHIBITING SHORT TERM PRIMARY AND NON-PRIMARY RENTALS IN CERTAIN ZONE DISTRICTS], such dwelling unit was actually utilized as a short term primary or non-primary rental pursuant to valid sales and use and lodging tax licenses issued for such dwelling unit in accordance with Chapter 25, Art. IV, of the Code of the City of Fort Collins, during all times the dwelling unit was rented as a short term primary or non-primary rental. (b) In addition to satisfying (a) above, the applicant must satisfy the requirements set forth in § 15-632 in order to be eligible for a license. License applications submitted pursuant to this Section on or before June 30, 2017, do not need to comply with the parking requirements in Land Use Code § 3.2.2(K)(1). (c) In order to be eligible for a license pursuant to this Section, subject to (e) below, the applicant must submit an application for a license pursuant to this Article on or before June 30, 2017. No application submitted after June 30, 2017, shall be eligible for a license pursuant to this Section unless submitted pursuant to (e) below. Packet Pg. 316 -8- (d) Any license issued pursuant to this Section shall expire at such time that the ownership of the licensed premises changes. Should a license issued under this Section be revoked, not be renewed, or lapse for any period of time, the owner shall no longer be eligible for a license for such dwelling unit pursuant to this Section. (e) Should ownership of a dwelling unit licensed pursuant to § 15-634 be transferred, and such license was continuously valid until the transfer of ownership, the new owner is eligible for a license identical in scope to the previously issued license provided: (1) the new owner applies for a license within thirty days of the transfer of ownership; (2) the dwelling unit complies with the parking requirements in Land Use Code Section 3.2.2(K)(1)(k); and (3) any license issued pursuant to § 15-634 is continuously maintained. Should a license issued to the new owner under this Section be revoked, not be renewed, or lapse for any period of time, the new owner shall no longer be eligible for a license for such dwelling unit pursuant to this Section. Sec. 15-635. - Term of license and renewal. (a) Licenses issued pursuant to this Article shall be valid from the time of issuance through December 31 of the same calendar year. Licenses must be renewed annually and a renewed license shall be valid for an additional period from January 1 through December 31. (b) Renewal applications shall be reviewed by the Financial Officer in consultation with the Director, are subject to § 15-636, § 15-637, and must meet the standards set forth in § 15-632, except that no inspection of the licensed premises shall be required pursuant to § 15-632 unless the Director has reasonable grounds to believe a safety issue exists. (c) Any formally established violation of the provisions of this Article may be considered during the license renewal review and may result in non-renewal. In the Financial Officer’s discretion, after consultation with the Director, the Financial Officer may impose conditions upon a license at the time of renewal to address non-compliance with the terms of the license, the provisions of this Article, or any other applicable provision of federal, state, or local law. Failure to comply with such conditions may result in suspension, revocation, or non-renewal of the license pursuant to § 15-637. Sec. 15-636. - License regulations. Upon issuance of a license pursuant to this Article, the following requirements must be met in order for the license to remain valid. Failure to comply with any of the following regulations may result in revocation, suspension, or non-renewal of the issued license pursuant to § 15-637: (1) The license number shall be prominently displayed in all listing or advertising of the licensed premises for short term rental. (2) A copy of the license shall be prominently displayed in the licensed premises. (3) The licensee shall comply with all applicable Code of the City of Fort Collins and Land Use Code provisions including, but not limited to, the Code of the City of Fort Packet Pg. 317 -9- Collins Chapter 5, Buildings and Building Regulations, and the Code of the City of Fort Collins Chapter 20, Nuisances, Chapter 25, Taxation, and Land Use Code 3.2.2(K)(1)(k). (4) The licensee shall maintain compliance with all sanitation, mechanical, electrical, structural, and fire safety requirements that were the subject of the inspection described in § 15-632. License holders not required to undergo an inspection pursuant to § 15-632 because the licensed premises was inspected prior to issuance of a license shall maintain compliance with the same sanitation, mechanical, electrical, structural, and fire safety requirements. (5) The licensee shall ensure that renters of a short term primary rental shall only be allowed access to the portions of the dwelling unit identified in the license. (6) The person(s) identified in § 15-632(a)(7) and § 15-632(b)(7) shall be available at all times during which the licensed premises is rented to respond within four hours, in person if necessary, to any issues raised by the renter or the City. The licensee shall provide each renter and the City with a current telephone number of the person(s) available to respond and each such person must have access to the licensed premises and be authorized to make decisions regarding the licensed premises. (7) The licensee shall maintain insurance as specified in § 15-632 at all times during which the license is valid. (8) The licensee shall prevent the cultivation or processing of marijuana and the processing or production of marijuana products in any dwelling unit utilized as a short term primary or non-primary rental. Sec. 15-637. - Suspension, revocation, nonrenewal of license. (a) The Director may suspend, revoke, or not renew any license issued pursuant to this Article if the Director determines that any of the following have occurred: (1) Fraud, material misrepresentation or false statement in the initial application for the license or any renewal application; (2) Failure to obtain a sales and use tax license and lodging tax license or failure to remit taxes pursuant to Chapter 25, Art. IV, of the Code of the City of Fort Collins; (3) Failure to comply with the terms of the license, the provisions of this Article, or any other applicable provision of federal, state, or local law including, but not limited to, the Code of the City of Fort Collins and Land Use Code. (4) Failure to comply with conditions imposed on any license pursuant to § 15- 635(c) and § 15-637(b). Packet Pg. 318 -10- (b) In the Financial Officer’s discretion, after consultation with the Director, the Financial Officer may impose conditions upon a suspended license to address non-compliance with the terms of the license, the provisions of this Article, or any other applicable provision of federal, state, or local law. Upon satisfaction of such conditions, the license shall be reinstated. Failure to comply with such conditions shall result in continued suspension or revocation. (c) Upon revocation of a license, the dwelling unit described in the license is ineligible to receive another license pursuant to this Article for one year from the date of revocation. (d) All licensed premises shall be subject to inspection by the Director for the purpose of investigating and determining compliance with the requirements for any license issued under this Article. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection as provided hereunder, without delay, upon request. Sec. 15-638. - Violations and penalties. In addition to the suspension, revocation or refusal to renew any license issued hereunder, any licensee who violates any provision of this Article may be punished by a fine or imprisonment or both, in accordance with the Code of the City of Fort Collins § 1-15. Additionally, the City may take any other legal action available to address violations of the provisions of this Article. Sec. 15-639. - Administration. The Financial Officer and Director shall administer the provisions of this Article and are authorized to jointly promulgate rules and regulations for its administration and implementation. Sec. 15-640. - Appeal. An applicant or licensee may appeal any decision whether to grant, renew, suspend, or revoke his or her application or license to the City Manager in accordance with Chapter 2, Article VI of the Code of the City of Fort Collins. The City Manager's decision shall be final. Sec. 15-641. - Severability. If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand, notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision. Sec. 15-643 – 15-660 - Reserved Packet Pg. 319 -11- Introduced, considered favorably on first reading, and ordered published this 7th day of March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 21st day of March, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 320 WILLOX CARPENTER COUNTY ROAD 54G COUN T Y R O A D 3 8 E ZIEGLER MOUNTAIN VISTA HORSETOOTH TAFT HILL LEMAY LEMAY VINE TIMBERLINE VINE DRAKE HORSETOOTH Short Term Rentals Zones Proposed to Allow Non-Primary STRs1HZ Printed: January 11, 2017 Growth Management Area Zones Proposed to Allow Non-Primary STRs City Limits Water Features 0 0.5 1 1.5 2 Miles Scale 1:60,000 © Amended: January 20, 2015 ATTACHMENT 3 21.3 Packet Pg. 285 Attachment: Zones Proposed to Allow Non-Primary STRs (5344 : Short Term Rentals) WILLOX CARPENTER COUNTY ROAD 54G COUN T Y R O A D 3 8 E ZIEGLER MOUNTAIN VISTA HORSETOOTH TAFT HILL LEMAY LEMAY VINE TIMBERLINE VINE DRAKE HORSETOOTH Short Term Rentals Zones Proposed to AllowPrimary STRs1HZ Printed: January 11, 2017 Growth Management Area Zones Proposed to Allow Primary STRs City Limits Water Features 0 0.5 1 1.5 2 Miles Scale 1:60,000 © Amended: January 20, 2015 ATTACHMENT 2 21.2 Packet Pg. 284 Attachment: Zones Proposed to Allow Primary STRs (5344 : Short Term Rentals) 1 Packet Pg. 208 Attachment: Exhibit A (5243 : Regional Water Collaboration Charter RES) Fort Collins, ELCO, and FCLWD each serve different areas in and around the GMA. There may be various inefficiencies associated with having a single entity serve the entire GMA, and possibly surrounding areas. Create a new water provider to replace Fort Collins, ELCO, and FCLWD in the GMA, and possibly, surrounding areas. An authority could be created as the successor of the collaborating parties to take over their operations. Forming a new governance structure is not probable at this time, however the groundwork the committee is laying now may lead to revisiting this option in the future. This would be based on the successes of the current collaboration efforts. We should begin thinking about consistent water decree language, etc. to provide us more flexibility in our water rights in the future. 4 17.1 Attachment: Water Collaboration Issues Table (5242 : Regional Water Collaboration Charter) This could be in the form of new appropriations or acquiring existing water rights and changing them from irrigation to municipal uses. Develop additional water supplies for the GMA.  Agreements between parties could be used to determine rights/responsibilities for new supplies.  An authority could be created for the purpose of developing additional water supplies (and/or infrastructure) for the GMA. Such an authority could be created to be an overlay, in addition to the existing entities. Additional Water Supply was considered by the Committee to be closely linked to Water Supply & Drought Planning.  Each party may have varying levels of need for additional water rights, as well as differing needs for particular types of water rights.  Would most likely need to conduct modeling (not necessarily through joint modeling.)  Such additional water supplies could, conceivably, be paired with water sharing agreements among parties.  May avoid many difficult issues with trying to change existing service areas or to move existing water rights from one service area to another. 3 17.1 Attachment: Water Collaboration Issues Table (5242 : Regional Water Collaboration Charter)  The Districts are currently in the process of reorganizing their shared treatment agreements into a treatment authority and considering expanding their treatment plant capacity.  Past efforts on treatment failed due to the financial complexities.  Other options should continue to be explored including sharing and water sale agreements and shared processes (e.g. solids handling) to provide more efficient services. 2 17.1 Attachment: Water Collaboration Issues Table (5242 : Regional Water Collaboration Charter) 1-855-4-MY-HEAT (1-855-469-4328) UNITED WAY 2-1-1 2-1-1 is an information and referral service that provides a comprehensive list of resources and community programs. uwaylc.org/get-help 970-407-7066 10/16 16-3872 • fcgov.com/utilities-affordability • utilities@fcgov.com • 970-212-2900, V/TDD 711 Aids and services are available for persons with disabilities. Esta información puede ser traducida, sin costo para usted. FOR MORE INFORMATION C O N S E R V A T I O N E D U C A T I O N F I N A N C I A L A S S I S T A N C E E F F I C I E N C Y I N S T A L L A T I O N S C I T Y O F F O R T C O L L I N S GOAL Affordable utilities for those who need it most C O U N T Y A N D S T A T E G O V E R N M E N T C O M M U N I T Y A C T I O N P A R T N E R S R E N E W A B L E E N E R G Y ATTACHMENT 2 9.2 Packet Pg. 82 Attachment: Utilities Afffordability Portfolio (5358 : SR 035 Solar Affordability) r N Mason St E Oak St Bellflower Dr 3rd St Martinez St 2nd St 1st St Ginseng Cir Alpine St Colorado St Cowan St S Whitcomb St W Myrtle St W Olive St Smith St Locust Ct Hickory St Conifer St Meridian Ave O ak Buckingham St N Meldrum St Sitka St Mason Ct Pinon St Hemlock St S Maso n St East Dr Rivendal Dr Duff Dr W Oak St Frontage Rd S Sherwood St Lilac Ln Willow St Poudre St Nokomis Ct Pennock Pl 11th St Canyon Ave Lesser Dr Webster Ave Red Cedar Cir E Magnolia St Woo d lawn Dr W o odward Way Birch Stover St Walnut St Redwood St S Meldrum St Aspen Mulle i n D r Pine Eastda le Dr Jero m e St Long l e af L n Oval Dr NLoomisAve N Sherwood St Alta Vista St Whedbee St Peterson St Linden St Hoff m an M i ll Rd Cloverdale D r Elm St M ar y Ja n e W a y Lind e n Center Dr W Mountain Ave W Laurel St S College Ave E Suniga R d N Howes St 9th St E Mountain Ave E Mulberry St S Mason St N Mason St Jefferson St E Lincoln Ave E Vine Dr N Lemay Ave S Howes St Remington St S Lemay Ave ÕZYXW ³I Downtown Development Authority Proposed Boundary Expansion Parcels Proposed Inclusion DDA Boundary 0 0.125 0.25 Miles Scale 1:15,840 © Printed: February 02, 2017 Amended: September 17, 2013 ATTACHMENT 2 8.2 Packet Pg. 63 Attachment: DDA map (5365 : SR 034 DDA Boundaries) R B UCHSTANE PL KIOWA CREEKD R CHANDLER CT W I LLOW S PRI N GS WAY ROSEN D R WILLINE WAY WE S TC H A S E R D E COUNTY ROAD 36 C OPPERVEI N ST COPPER MILL LN KECHTER RD CLYM E R CIR COPPE R CREST LN P I N E Y CRE E K DR C R OSS CRE E K DR P R AIRIE HILL DR S TIMBERLINE RD LODGEPOL E CREEK DR ZEPHYR RD OWENS AVE HARVEST ST RED WILLOW DR CHANDLER ST C R O S S V IEW DR Lehman-Timberline Vicinity CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: November 21, 2016 Legend City Limits Water Lehman Timberline 0 0.045 0.09 0.135 0.18 Miles Scale 1 inch equals 475 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\LehmanTimberline_T1\VicinityMap.mxd Annexation Area ATTACHMENT 2 6.2 Packet Pg. 50 Attachment: Vicinity Map (5363 : SR 032 Lehman-Timberline Annexation) W D R C L E AR C R E E K LN E COUNTY ROAD 36 COPPER MILL LN CAT K I N S CT KECHTER RD W EEPI N G WAY TOPA N GA CT COPPE R CREST LN K E Y ST O N E C R E E K C T MACK E N Z IE CT TILDE N S T LODGEPOL E CREEK D R C R O S S V IEW DR SWEETWATER CREEK DR S TIMBERLINE RD Mail Creek Crossing Second Vicinity CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: November 21, 2016 Legend City Limits Water Mail Creek Crossing Second 0 0.045 0.09 0.135 0.18 Miles Scale 1 inch equals 475 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossing_T2\VicinityMap.mxd Annexation Area ATTACHMENT 2 4.2 Packet Pg. 37 Attachment: Vicinity Map (5360 : SR 030 Mail Creek Crossing Second Annexation)