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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/03/2016 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable 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 May 3, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May 1-7, 2016, as Drinking Water Week. B. Proclamation Declaring May 8-14, 2016, as National Women's Health Week. C. Proclamation Declaring May 2-6, 2016, as Public Service Recognition Week. D. Proclamation Declaring May 9-13, 2016, as Salvation Army Week. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  Recognition of 2016 City Employee Awards City of Fort Collins Page 2  AGENDA REVIEW: CITY MANAGER  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. Consideration and Approval of the Minutes of the April 5, 2016 Regular Council Meeting. The purpose of this item is to approve the minutes from the April 5, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program. This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates $410,820 in Recreation Reserve funds for the Edora Pool Ice Center (EPIC) Lobby Improvements. The funds will be used to remodel and relocate the front desk, repurpose the snack bar area, create a recessed trash and recycling area, install new lockers, and renovate the overall appearance of the lobby area. The lobby renovation is desired to take place during the aquatic renovation project occurring this summer from May 20-October 30, to minimize downtime at the EPIC and minimizing the negative impact on customer service. 3. Second Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail-College Avenue to Shields Street Project. This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates grant funds for the construction of the Fossil Creek Trail from College Avenue to Shields Street. Great Outdoors Colorado (GOCO) has awarded the City a $1,000,000 trail grant. The proposed project completes a major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street. The layout of the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel underpass phase of the project has reached the final stage. Construction of the trail tunnel underpass will begin in 2016. Pursuant to the grant agreement the City has until June 2017 to complete the project. 4. Second Reading of Ordinance No. 052, 2016, Authorizing the Transfer of Previously Appropriated Funds in the Capital Project Fund from the Timberline Recycling Center Project to the Timberline Road – Drake Road to Prospect Road Improvement Project. This Ordinance, unanimously adopted on First Reading on April 19, 2016, transfers previously appropriated funds in the amount of $87,102 from the Timberline Recycling Center into the Capital Projects Fund for the Timberline Road-Drake Road to Prospect Road Improvement Project. This funding constitutes the Local Street contribution, in aid of construction, for the Timberline Recycling Center on Timberline Road. The Timberline Road frontage improvements along the Timberline Recycling Center frontage will be constructed with this year’s Capital Improvement Project. 5. Second Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. This Ordinance, unanimously adopted on First Reading on April 19, 2016, vacates various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. 6. First Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. The purpose of this item is to request an unanticipated 2016 appropriation in the amount of $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives City of Fort Collins Page 4 Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, we will use existing appropriations in 2016 to cover the 1% of the local match ($525) to APP. 7. First Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. The purpose of this item is to appropriate unanticipated revenue in the General Fund and authorize the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 8. First Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer Project. The purpose of this item is to appropriate $44,615 in grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund city project management costs associated with conceptual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate street and structure flooding. 9. First Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms. The purpose of this item is to clarify interest rate language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recommended moving forward with this proposed change. Staff also plans to return to Council in the third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. 10. Items Relating to the Southeast Community Park. A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. The purpose of this item is to declare certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and to authorize the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to City of Fort Collins Page 5 begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. 11. Resolution 2016-039 Updating the Responsibilities of Council Liaisons to City Boards and Commissions and Superseding Resolution 2000-076. The purpose of this item is to review and define expectations of Councilmembers in their role of Council Liaisons to their assigned City boards and commissions. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. City/Downtown Development Authority (DDA) tour of the Denver Salvation Army Homeless Services Facilities. (staff: Matt Robenalt)  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. City of Fort Collins Page 6 13. Second Reading of Ordinance No. 054, 2016, Appropriating Prior Year Reserves in the Street Oversizing Fund to be Transferred Into the Capital Projects Fund and Appropriated Therein for the Construction of the Sharp Point/Nancy Gray Connection Project. (staff: Tim Kemp, Caleb Feaver; no staff presentation; 5 minute discussion) This Ordinance, adopted on First Reading on April 19, 2016, by a vote of 6-0 (Campana recused) appropriates $984,000 of prior year reserves in the Street Oversizing Fund and $116,000 from the Street Oversizing Fund Contributions & Aid into the Capital Project Fund for the Sharp Point/Nancy Gray Connection Project. The currently adopted Master Street Plan identifies Sharp Point Drive connecting Midpoint Drive with Nancy Gray Avenue. This identified connection includes an at-grade crossing of the Great Western Railroad tracks. Right-of-way has previously been dedicated for the roadway connection. Due to recent development to the south as well as support from the Larimer County Sheriff’s Office (LCSO), staff has identified this connection as an immediate need. 14. Items Relating to Amending the City of Fort Collins District-Precinct Map. (staff: Wanda Winkelmann, Rita Knoll; 5 minute staff presentation; 15 minute discussion) A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland. B. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. The purpose of this item is to amend the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. A protest of the proposed options for amending the District-Precinct map was filed by Eric Sutherland on April 18, 2016. 15. Items Relating to Dust Prevention and Control. (staff: Lindsay Ex, Lucinda Smith, Jackie Kozak- Thiel; 10 minute staff presentation; 30 minute discussion) A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12, Article X of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. Second Reading of Ordinance No. 045, 2016, Amending the Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. These Ordinances, unanimously adopted on First Reading on April 5, 2016, implement regulations and a set of consistent best practices (Dust Control Manual) for (twelve) specific activities that generate dust to follow, in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during First Reading, staff has revised Ordinance No. 044, 2016, to reflect a higher lot size exemption of 5 acres (from 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. Staff continues to recommend lot size (as opposed to disturbed area) to measure the 5-acre threshold, as lot size is a recorded number that can be verified, tracked, and enforced. In addition to the increase in the size threshold, staff has also amended the checklist in the Manual and included associated language in the Ordinance. Staff has also removed references to chemical stabilization and cover within the Manual. Finally, if adopted, staff will continue to track the implementation of the Ordinances and reevaluate the adopted threshold one year from when enforcement officially begins (November 1, 2017).  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS City of Fort Collins Page 7  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, water is our most valuable natural resource; and WHEREAS, Fort Collins tap water is critical to maintaining public health protection, economic vitality, fire protection, and quality of life; and WHEREAS, for more than 35 years, the American Water Works Association (AWWA) and its members have celebrated Drinking Water Week – a unique opportunity for both water professionals and the communities they serve to join together to recognize the vital role water plays in our daily lives, and WHEREAS, the City works diligently to guarantee that the drinking water leaving the Water Treatment Facility is safe to drink and meets all federal and state standards, and contributes to a successful community through low mortality rates, economic growth and diversity, productivity and public safety; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of Fort Collins is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues; NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 1-7, 2016, as DRINKING WATER WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, National Women’s Health Week in 2016 begins on May 8, and continues until May 14; and WHEREAS, National Women’s Health Week is coordinated by the United States Department of Health and Human Services’ Office on Women’s Health, bringing together communities, government, businesses, health organizations and many other groups to promote the importance of women’s health; and WHEREAS, May 9, 2016, is National Women’s Checkup Day, designated to encourage women to visit health care professionals to receive or schedule a check-up; and WHEREAS, the number of people screened for multiple types of cancer are getting closer to Healthy People 2020 cancer screening goals; more efforts are needed to achieve cancer screening goals and reduce screening disparities; and WHEREAS, 1 in 4 women report they have not visited a doctor because of cost. According to the Affordable Care Act, most health care plans are now required to cover annual Well Women exams without any cost to the woman; and WHEREAS, women are encouraged to begin, maintain, and/or continue healthy habits in the areas of preventative health screening, physical fitness health, nutritional health, sexual health, spiritual health and emotional/mental health; and NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, proclaim the week of May 8 through May 14, 2016, as NATIONAL WOMEN’S HEALTH WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, citizens are served every single day by public servants at the federal, state, county and city levels. These people do the work that keeps our nation, counties, and cities working; and WHEREAS, many public servants, including military personnel, police officers, and firefighters risk their lives in service; public servants also include teachers, scientists, and municipal employees; and WHEREAS, the City of Fort Collins organization has over 2,000 employees providing quality and innovative services desired by our residents; and WHEREAS, City services range in diversity to meet outcomes and goals in Transportation, Safety, Neighborhood Livability, Environmental and Economic Health, and Culture and Recreation and High Performing Government; and WHEREAS, these public servants perform with efficiency, integrity, pride and a commitment to the City’s Mission, Vision, and Values; and WHEREAS, City employees strive to do their jobs well and provide outstanding customer service; and WHEREAS, without these public servants, Fort Collins would be a very different place. NOW, THEREFORE, I, Wade Troxell. Mayor of the City of Fort Collins, do hereby proclaim the week of May 2-6, 2016, as PUBLIC SERVICE RECOGNITION WEEK in Fort Collins to recognize the dedicated, good work of public servants throughout our community and in the City organization. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, the Salvation Army acts as a responsible steward of charitable dollars to achieve a diverse range of missions and goals; and WHEREAS, the Salvation Army continues to handle many unmet needs of the community during these adverse times; and WHEREAS, the Salvation Army provides for the solace and spiritual needs of the community; and WHEREAS, the accomplishments of the Salvation Army deserve affirmation and celebration. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 9-13, 2016 to be SALVATION ARMY WEEK and encourage all our citizens to recognize and support this organization in our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the April 5, 2016 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 5, 2016 Regular Council meeting. ATTACHMENTS 1. April 5, 2016 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 400 April 5, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry moved Item No. 6, Second Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program, to Discussion.  CITIZEN PARTICIPATION Jennifer Jones Markiewicz, Sexual Assault Victim Advocate Center Executive Director, thanked the City for recognizing April as Sexual Assault Awareness Month. Steve Raimer, Fort Collins Mennonite Fellowship Pastor, discussed the passing of a second homeless individual who died of exposure. He stated people need to be allowed to sleep and stated the camping ban needs to be clarified. Stacia Ryder, Fort Collins Women’s Commission, thanked the City for the Equal Pay Day and Sexual Assault Awareness Month proclamations. Additionally, she thanked Council and Councilmember Campana for working with the It’s On Us initiative. Deborah James stated she is homeless and scared as there are no safe places for homeless residents to go. Lisa Vaughn opposed ticketing the homeless and read a statement from Martha Roden expressing concern there are not enough shelter beds and opposing camping bans. Janice Lynn stated good government needs to step in and act as a trustee for individuals needing assistance. Katherine Douras, Fort Collins Women's Commission Chair, commended the City for the Equal Pay Day proclamation. Mike Pruznick discussed trust and expressed concern Council has not publicly acknowledged recent deaths of homeless individuals as being due to exposure. Additionally, he discussed reports of rape of female homeless individuals from 2014. Jennifer Reisch supported a temporary moratorium on overnight camping. 1.1 Packet Pg. 13 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 401 Jeremy Woodard expressed concern regarding recent homeless deaths and requested Council work on these issues. Jessica Aguila, Fort Collins Homeless Coalition, opposed the City's camping ban as it exists and urged Council to cease ticketing for overnight camping. Kelly Connor discussed the importance of rest and sleep for human survival and stated ticketing further perpetuates the cycle of poverty. Lynn Thompson, Fort Collins Homeless Coalition, requested Council place a moratorium on issuing camping tickets. Esther Aguila requested Council place a moratorium on issuing camping tickets between the hours of 6 p.m. and 8 a.m. Skylar discussed a spinal disease he has and stated the City did not help him but rather issued him a ticket for camping. Cheryl Distaso, Fort Collins Homeless Coalition, discussed the public input regarding ticketing for overnight camping and requested Council place a moratorium on issuing camping tickets until a long-term solution can be put in place. Rae Moore requested Council place a moratorium on issuing camping tickets until a long-term solution can be put in place. John Mark Guzman opposed the involvement of law enforcement in social service issues. David Montgomery stated the City is creating its own homeless problem and discussed four trials in which he has been victorious. Additionally, he opposed various charges being brought against his brother. An individual claimed Officer Hopkins has been assaulting women. He opposed the dogmatic nature of Catholic Charities and the Rescue Mission and stated he is banned from both shelters. Houston Morse, Fort Collins Women's Commission, thanked the City for proclaiming April as Sexual Assault Awareness Month and commended the proclamations which support social service issues.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez requested a report on the number of camping tickets issued. Deputy Police Chief Mike Trombley replied no camping tickets have been issued from 7:15 p.m. until 6:50 a.m. since September 2015. Tickets are not written on nights when the homeless shelters are full. Private property trespassing and park violation tickets are issued. Councilmember Martinez asked if emergency shelter was provided during the last storm. City Manager Atteberry replied limited transportation and alternative shelter space were provided when existing shelters were full. 1.1 Packet Pg. 14 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 402 Councilmember Martinez stated the City would utilize all of its community resources in order to ensure residents are sheltered should a storm occur. Much behind-the-scenes work is being done regarding this topic. The individual who made allegations against Officer Hopkins should file a police report, assuming the allegations are true. City Manager Atteberry stated Deputy Police Chief Schiager will talk to the individual who raised those concerns. Councilmember Overbeck asked how many vouchers were provided during the last storm. City Manager Atteberry clarified motel rooms were made available through officers’ individual purchasing cards. Councilmember Overbeck requested additional information regarding the individual who stated he was kicked out of the shelters for life. City Manager Atteberry noted the City does not operate those shelters but he would ask the question. Councilmember Stephens asked about the extension of shelters being open and requested information regarding the number of shelter beds. Deputy City Manager Jeff Mihelich replied the point-in-time count suggests the homeless population is around 300. The Rescue Mission and Catholic Charities have agreed to extend their overflow shelters through May 1 and reported that only 8 nights since January 1 have seen both shelters completely full; therefore, the number of beds needed in the community beyond those provided by the shelters is not that great. Councilmember Stephens asked about the behavior requirements for the shelters. Deputy City Manager Mihelich replied Catholic Charities is a dry shelter; however the Rescue Mission does not have the same rule. Both shelters have specific behavior rules in place in order to benefit the greater whole. Councilmember Cunniff discussed the importance of keeping campers out of Natural Areas and asked about the types of tickets being issued as park violations. Deputy Police Chief Trombley replied those tickets are typically for curfew violations. Councilmember Cunniff noted there were investigations into the claims of sexual assault and rape from 2014. Deputy Police Chief Trombley stated every complaint brought to the Police Department is investigated. Councilmember Cunniff requested additional detail regarding the recent deaths of two homeless individuals. Deputy City Manager Mihelich replied one of the individuals failed the breathalyzer test at Catholic Charities and was sent to the Rescue Mission which reserved a bed for him. Additionally, the man was offered a ride to the Rescue Mission by a police officer, which he declined. Councilmember Cunniff requested a description of what tasks are occurring prior to the consideration of camping ban revisions in the summer. Deputy City Manager Mihelich replied the street outreach program, Outreach Fort Collins, will be launched May 1 and those individuals will make contact with homeless individuals on a regular basis and act as a conduit between business owners, property owners, homeless individuals and the Police Department. Discussions regarding the implementation of the Nashville model will be occurring. Councilmember Cunniff requested Council receive a report on the number of citations issued for park violations, camping, private trespassing, and any other pertinent information. 1.1 Packet Pg. 15 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 403 Councilmember Campana thanked the speakers for their kind words related to the evening's proclamations. He discussed the nuances of the camping ordinance and commended the efforts of City staff during the last storm.  CONSENT CALENDAR Councilmember Overbeck withdrew Item No. 14, First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the March 15, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the March 15, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Road Right-of-Way Alignment. (Adopted) This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Road. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Road in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Road intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (slope easements), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project, only if such action is deemed necessary. 1.1 Packet Pg. 16 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 404 3. Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. (Adopted) A. Second Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. Second Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. These Ordinances, unanimously adopted on First Reading on March 15, 2016, amends City Code to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. For Second Reading, the Ordinances have been amended to reflect that in the event the City Manager approves the opinion of the Financial Officer, the City Manager shall notify City Council in writing of such settlement. 4. Second Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. 5. Second Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, amends City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. 6. Second Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, annexes 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 7. Second Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, zones the property included in the Maverik First Annexation into the General Commercial zone district. 1.1 Packet Pg. 17 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 405 8. Second Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, authorizes the conveyance of an access easement on City property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel, upstream from the Water Treatment Plant #1 property. The property was purchased in 1977 in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance authorizes City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. 9. Second Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. (Adopted) This Ordinance, unanimously adopted on First Reading on March 15, 2016, appropriates funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance appropriates $150,000 of City funds from General Fund Reserves and also appropriates another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (CDOT). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the Developer) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT intergovernmental agreement that will both be needed to facilitate this additional funding. 10. First Reading of Ordinance No. 040, 2016, Reappropriating Funds Previously Appropriated in 2015 But Not Expended and Not Encumbered in 2015. (Adopted) City Council authorized expenditures in 2015 for various purposes. Some of these authorized expenditures were not spent or could not be encumbered in 2015 because:  there was not sufficient time to complete bidding in 2015 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, or  the project for which the dollars were originally appropriated by Council could not be completed during 2015 and reappropriation of those dollars is necessary for completion of the project in 2016. The other unexpended funds are needed to carry on programs, services, and facility improvements in 2016 with unspent dollars previously appropriated in 2015 for these purposes. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2015 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: General Fund $ 1,102,694 Golf Fund 40,329 Keep Fort Collins Great Fund 1,027,535 Light & Power Fund 276,088 Recreation Fund 91,260 1.1 Packet Pg. 18 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 406 Transportation Fund 84,209 CS&A Fund 187,000 $ 2,809,115 11. First Reading of Ordinance No. 041, 2016, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) The purpose of this item is to appropriate $378,605, of which $159,265 is proposed for 2016 Cultural Development and Programming Activities (Fort Fund), $19,868 is proposed for 2016 Tourism Programming (Fort Fund), and $199,472 is proposed for 2016 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism Programming activities. Between April 2011 and March 2016, based on the prior years’ actual collections, lodging tax revenues were paid to the Fort Collins Convention and Visitors Bureau (the “FCCVB”) under a contract for Cultural Development and Tourism Programming. Anticipated revenue has been projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging Tax revenues collected in 2015 equaled $1,450,960, which was $378,605 above projected collections. 12. First Reading of Ordinance No. 042, 2016, Appropriating Prior Year Reserves in the General Fund for Pool Chlorination System Conversion at Three City of Fort Collins Pools. (Adopted) The purpose of this item is to appropriate $200,000 from prior year reserves in the General Fund to switch pool chlorination systems from chlorine gas to liquid chlorine. During a routine safety audit of the City pools, it was discovered that gaseous chlorine is being used to treat the pool water at all City pools except the Senior Center pool. As safety standards have evolved, best practice is to avoid gaseous chlorine due to the hazard posed to employees and citizens in the event of a failure incident. Conversion of the three City pools now using chlorine gas will enable the City to follow this updated best practice. 13. Resolution 2016-035 Expressing the City Council's Support of Grant Applications for Certain Improvements to Interstate I-25. (Adopted) The purpose of this item is to provide a letter supporting two regional grant applications being submitted seeking improvements and repairs to Interstate 25 (I-25) in Northern Colorado. The grant applications will be submitted April 2016. Colorado Department of Transportation (CDOT) is preparing a Transportation Investment Generating Economic Recovery (TIGER) grant, while the North Front Range Metropolitan Planning Organizations (NFRMPO) is preparing a FASTLANE GRANT. Repairs and improvements sought are in accordance with the final adopted recommendations of the North I-25 Environmental Impact Study (2011). 14. Resolution 2016-030 Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission an Artist to Create an Art Project Pursuant to the Art in Public Places Program. (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places Electric, Water, Wastewater, and Stormwater Utility Funds to commission an artist to create art for the Utility Administration Building Project. The expenditures of $145,936 will be for design, materials, fabrication, electrical connections, installation, and contingency for Andy Dufford of Chevo Studios to create a carved sandstone entryway feature for the new Utility Administration Building. 1.1 Packet Pg. 19 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 407 15. Resolution 2016-031 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain's Edge Annexation. (Adopted) The purpose of this item is to annex the Mountain’s Edge First Annexation. The applicant, The Landhuis Company c/o Mr. Jeff Mark, has submitted a written petition requesting annexation of 18.516 acres located at 2430 South Overland Trail which presently contains one single family home. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. 16. Resolution 2016-032 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Prospect at Boxelder Creek Annexation. (Adopted) The purpose of this item is to initiate annexation proceedings for a segment of East Prospect Road right-of-way, located east of Summitview Drive and west of the Interstate 25 frontage road. The segment consists of two sections of property for which the City accepted deeds of dedication of right- of-way on March 15, 2016, and two sections of Larimer County right-of-way that are located in the current alignment of East Prospect Road. The segment is 1,084 feet in length and totals 1.76 acres. The two owners of the property the City recently accepted as right-of-way, the Glanzs and K&M Company LLLP, have signed the annexation petition. Larimer County staff has stated that the County is amenable to the annexation of this County right-of-way. The annexation is related to a City utility and street project to construct improvements at the crossing over Boxelder Creek by East Prospect Road. Proposed zoning is a combination of U-E, Urban Estate, and E, Employment consistent with the City Structure Plan. 17. Resolution 2016-033 Making Appointments to the Economic Advisory Commission and Youth Advisory Board (Adopted) The purpose of this item is to appoint Craig Mueller to the Economic Advisory Commission, and Megan Ronquillo and Roshini Narayanan to the Youth Advisory Board to fill board vacancies.  STAFF REPORTS Dr. Keith Elmund, Environmental Services Manager, stated Fort Collins’ water supplies are naturally soft; however, they can easily change pH levels. Water quality is closely monitored and Fort Collins’ corrosion problem with copper first appeared in the sludge at the wastewater treatment plant. Several sites were examined for copper beginning in 1982. The corrosion control plan for the city was implemented in 1984, prior to the EPA lead and copper rule of 1992. Councilmember Campana asked if lead pipes were ever used in Fort Collins. Dr. Elmund replied some annexed areas, such as North College Avenue, did have lead service lines; however, when the meter exchange program occurred, no lead service lines were reported. There are no lead service lines within homes. Councilmember Martinez thanked Dr. Elmund for his presentation. Councilmember Overbeck asked about the process for customers wishing to have water tested. Dr. Elmund replied the City's webpage has contact information for the water quality lab. Councilmember Cunniff asked if the City has a partnership with other water service providers to provide testing. Dr. Elmund replied the City does provide some testing for compliance with the 1.1 Packet Pg. 20 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 408 Safe Drinking Water regulations; however, the other service providers have their own independent laboratory for lead and copper testing.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on the Larimer County Wasteshed inaugural meeting and briefly discussed recycling policies and solid waste management. Councilmember Martinez reported on the Art Museum Mask event, the opening of the Fort Collins Activity Center, and shared the Salvation Army’s monthly report. Mayor Pro Tem Horak stated grants are being sought by the Colorado Department of Transportation and other organizations for north I-25 improvements. Mayor Troxell reported on the Wasteshed policy meeting, the City Council retreat and the launch of the bike share program.  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 18. Second Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. (Adopted as Amended on Second Reading) This Ordinance, unanimously adopted on First Reading on March 15, 2016, revises the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and clarifies interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. John Phalen, Energy Services Manager, stated the Ordinance, as adopted on First Reading, increases the outstanding loan balance maximum to capitalize the on-bill financing program and would specify the interest rate calculation in the rate ordinances. The City Attorney’s Office has discovered the interest rate calculation requires a formal public notification process which would add a minimum of 30 days to the process; therefore, staff is presenting two options: to continue the entire Ordinance to May 17 for Second Reading or to amend the Ordinance to remove the interest rate language for separate consideration in May. Eric Sutherland disagreed with the City Attorney’s interpretation stating the notice requirement does not apply in this instance. Additionally, he questioned what this accomplishes. 1.1 Packet Pg. 21 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 409 Fred Kirsch supported a full performance review of the program and discussed the purpose of the program. Councilmember Overbeck asked how the 4% rate was derived. Phalen replied that number was adopted by Council in January 2015 and was used because it is closer to a market rate while still being attractive for consumers. Councilmember Overbeck asked about the credit check process. Phalen replied it is straightforward and requires a credit score of at least 640. Councilmember Campana asked if internal dialogue has occurred regarding targeting the best audience. Phalen replied in the affirmative and discussed the Efficiency Works Neighborhoods pilot program. However, there is a duty for all eligible customers to be served and it is important to keep the eligibility criteria standard for all. Councilmember Campana discussed the need for a report on the metrics of success. Phalen replied the goals of the program are energy savings, comfort, health and safety. Councilmember Cunniff supported option two. Councilmember Overbeck asked if credit scores are recorded in order to gain information reflective of the community. Phalen replied in the affirmative. Councilmember Stephens supported option two and also supported a full audit of the program with a robust outreach program. City Attorney Daggett outlined the changes which would be made for option two. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 035, 2016, on Second Reading as amended RESULT: ORDINANCE NO. 035, 2016, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 19. First Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project. (Adopted as Amended on First Reading) The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The authorization is only for the six commercial properties at this location. There are two residential properties at the east end of the project that are not included here since work is still underway to further define impacts. These properties will be brought to Council at a later date for authorization. The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection improvements, multimodal enhancements, utility improvements, and access control 1.1 Packet Pg. 22 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 410 improvements. On the west leg of the intersection, these improvements are consistent with the recommendations in the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on property they own at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of road improvements adjacent to their development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way, permanent easements, and temporary easements from six property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for the six commercial property acquisitions for the Project only if such action is deemed necessary. Eric Sutherland opposed the City’s use of the eminent domain process. Kevin Harper stated he is a property owner in the area and encouraged the consideration of a plan which is less invasive for his property and others. Councilmember Overbeck requested an overview of the eminent domain process. Rick Richter, Director of Infrastructure Services, stated this action is the very beginning of the process and would allow for negotiations with property owners to begin. This item involves 6 commercial properties which have all been notified and with whom meetings have occurred. Councilmember Overbeck asked about the plan for mitigation of traffic impacts related to the construction. Richter replied a phasing plan and detailed traffic plan will be developed over the next year to ensure access to businesses and properties. City Manager Atteberry noted the entire Prospect corridor will be affected by various projects and a significant outreach effort will occur. Richter detailed aspects of the outreach program. Councilmember Martinez commended the plan and outreach efforts for the Horsetooth and Timberline intersection improvements. City Manager Atteberry stated he will provide a written report regarding the planned efforts regarding traffic calming. Councilmember Campana cited several examples of successful projects and traffic re-routing. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 043, 2016, on First Reading. City Manager Atteberry noted a language change in the Ordinance which should indicate 2017 rather than 2016. Councilmember Overbeck stated he would oppose the motion due to the lack of a detailed plan. Mayor Pro Tem Horak stated the detailed plan does not need to be completed for a year. Mayor Troxell noted the City has been quite judicious with its use of eminent domain. 1.1 Packet Pg. 23 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 411 Councilmember Stephens stated she would support the motion as there are serious safety concerns in the area. RESULT: ORDINANCE NO. 043, 2016 ADOPTED AS AMENDED ON FIRST READING [6 TO 1] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak NAYS: Overbeck (Secretary's Note: The Council took a brief recess at this point in the meeting.)  DISCUSSION ITEMS 20. Items Relating to Dust Prevention and Control. (Adopted on First Reading) A. First Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. First Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. The purpose of this item is to implement regulations and a set of consistent best practices (Dust Control Manual) for twelve specific activities that generate dust in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during the February 9 Work Session, staff has developed an exception for small residential projects (less than 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. In addition to the regulations and set of best practices outlined in the Dust Control Manual, staff has developed and is implementing a tracking system for fugitive dust complaints. In addition, per Council direction, the City has enacted an Administrative Policy applying the Dust Control Manual to all City projects, so that the City is leading by example. Lucinda Smith, Environmental Services Director, stated this item involves two Ordinances: one adopts changes to City Code to incorporate the Dust Manual and one makes minor conforming changes to the Land Use Code. Smith discussed problems relating to fugitive dust, outlined the public outreach process to this point, and stated the Dust Manual was adopted into City administrative policy on March 22, to be effective immediately for City operations. Lindsay Ex, Environmental Program Manager, addressed questions raised by Council at its February 9 work session. The cost impact to single-family homes could range from $700- $15,000 to implement the Manual. In terms of monitoring and tracking, staff has placed a tracking system online and four complaints have been registered in this calendar year. Ex detailed the hybrid approach proposed by staff, stating the proposal is for the Manual to be used as the standard for all commercial projects and for residential projects over 10,000 square feet. The dust control checklist would be provided for all construction projects and staff is recommending the entire Manual apply to any construction project after two written warnings. Official enforcement will begin November 1 after significant public outreach. 1.1 Packet Pg. 24 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 412 John Shenot supported adoption of the proposed Ordinances, or even stronger versions thereof. Councilmember Stephens requested detail regarding the online complaints submitted thus far. Ex replied one of the properties was 4 acres and the others were larger in size. Councilmember Campana discussed changes he would like to see in the Ordinance and noted full elimination of fugitive dust will be difficult given our dry climate and high winds. Councilmember Cunniff discussed the CSU medical center project at Prospect and College expressing concern about the level of dust at that site. Ex noted the project is not under the City's jurisdiction; however, the City's understanding is that CSU did apply other best management practices on that site. Councilmember Cunniff asked if a stop work order is issued if compliance does not occur for a project. Ex replied an additional best management practice step is required if the required best management practices are unsuccessful at preventing off-property fugitive dust. If a project is following the Manual, they are considered to be in compliance. Councilmember Cunniff suggested some type of additional citation should a property owner consistently produce dust nuisances without following the practices. Judy Schmidt, Senior Assistant City Attorney, replied this Ordinance states it is a violation if the Manual is not followed; however, this does not affect the existing nuisance ordinance at this point. Councilmember Cunniff asked how staff arrived at the 10,000 square foot number. Ex replied that number is aligned with erosion control standards and adequately balances housing affordability with air quality protection. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 045, 2016, on First Reading. Councilmember Martinez asked which of the negative effects of fugitive dust is the most harmful. Smith replied the most concerning impacts are health related; however, because there is no clear way to track direct health impacts from dust, the nuisance impacts are likely the most chronic. Councilmember Martinez asked how these requirements will be affected by wind speed. Ex replied the Manual states work is to be halted temporarily should wind speeds exceed 30 miles per hour, and that is a standard practice for contractors in the community. Councilmember Campana discussed the difficulties in enforcing these types of regulations for the building of single-family homes and suggested a motion to change the Ordinance to increase the threshold to 5 acres of disturbed land. City Attorney Daggett pointed out the Ordinance currently being discussed is Ordinance No. 044, 2016. 1.1 Packet Pg. 25 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 413 Mayor Pro Tem Horak and Councilmember Cunniff tabled the discussion of Ordinance No. 045, 2016 until the conclusion of the discussion of Ordinance No. 044, 2016. Yeas: Stephens, Overbeck, Cunniff, Martinez, Campana, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 044, 2016, on First Reading as amended with the threshold being changed from 10,000 square feet to 5 acres of disturbed land. Schmidt discussed necessary wording changes which would be required to meet the purpose of Councilmember Campana's motion. City Attorney Daggett further clarified the necessary wording changes. Councilmember Cunniff expressed concern regarding the change to 5 acres and stated he could potentially support 2 1/2 acres. Councilmember Campana noted any project is referred to the Manual after two citations anyway. Councilmember Cunniff asked how enforcement staff is financed. Ex replied staff has recommended decentralizing the enforcement to involve appropriate departments rather than increasing staff for enforcement of this issue. Smith stated Environmental Services is considering a budget offer not just to support dust enforcement, but to support various environmental protection codes. Mayor Pro Tem Horak asked how the City's road construction projects will be affected by this Ordinance. Smith replied that is a function of when contracts were signed and staff is working to convert existing contracts; however, all future contracts will include dust mitigation. Mayor Pro Tem Horak suggested CSU should be encouraged to follow these types of requirements in their construction projects. City Manager Atteberry replied he would discuss this topic with Dr. Frank. Mayor Pro Tem Horak requested staff provide information regarding the number of projects this would affect in terms of project size prior to Second Reading. Councilmember Cunniff requested additional information as well as the definition of disturbed area prior to Second Reading. Mayor Pro Tem Horak and Councilmember Stephens discussed the importance of ensuring the property size is correct and evaluating the program after a year. Councilmember Cunniff stated he would support the motion; however, should the metrics show something different on Second Reading, he may change his mind. Mayor Troxell commended the formation of the Manual and expressed appreciation for the discussion and comments. 1.1 Packet Pg. 26 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 414 RESULT: ORDINANCE NO. 044, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 045, 2016, on First Reading. Schmidt stated Ordinance No. 045, 2016, will be evaluated prior to Second Reading in order to address any necessary changes resulting from the changes to Ordinance No. 044, 2016. RESULT: ORDINANCE NO. 045, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 21. First Reading of Ordinance No, 046, 2016, Appropriating Prior Year Reserves in the General Fund and the Light and Power Fund and Transferring Appropriations from the Light and Power Fund to the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (Adopted on First Reading) The purpose of this item is to appropriate $230,510 from the General Fund and $245,483 from the Light and Power Fund to initiate four projects in the CAP that have been identified for immediate action and investment based on guidance provided by the City Council. Deputy City Manager Jeff Mihelich stated the City is now 9% below its 2005 data in terms of greenhouse gases. Lindsay Ex, Environmental Program Manager, discussed the four initiatives which are included in this item: one would aim to make energy efficiency a part of the home-buying decision, the second is a set of enabling initiatives regarding the implementation infrastructure, the third is the CAP pilot projects an innovation fund, and the fourth is a biomass burner feasibility study. Mihelich briefly discussed the proposed funding structure for the initiatives. Kevin Gertig, Utilities Executive Director, stated Platte River Power Authority has agreed to move forward with and fund the study encouraged by the City. Kevin Cross, Fort Collins Sustainability Group, expressed support for the Ordinance. Eric Sutherland discussed the need for basic programs such as metal recycling and opposed further studies of topics which have already been studied. Mike Truett discussed the Home Score program and supported the program staff has chosen for benchmarking. Councilmember Cunniff commended work on this item and stated he is looking forward to further significant work 1.1 Packet Pg. 27 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 415 Mayor Troxell asked if staff has looked into data accessibility in terms of the Home Score program. Ex replied the funding of this initiative is around program design; therefore, those specifics have not yet been decided. Councilmember Martinez asked if there are existing studies on the topic of biomass burners. Honore Depew, Environmental Planner, replied the City has been working with the Colorado Forest Service to develop an engineering design and operation plan for a specific location within the City if it is deemed to be feasible. The plan would address specific heat and energy needs at the specific facility. Deputy City Manager Mihelich stressed that the funding will allow for the necessary studies and help create the partnerships needed to meet Fort Collins' aggressive goals. City Manager Atteberry discussed the importance of the staffing additions and stated this is a conservative proposal. Councilmember Martinez asked if this program will relate to the federal Energy Star program. Ex replied the City will always be looking to leverage existing programs; however, this initiative relates to the development of a program specific to Fort Collins. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 046, 2016, on First Reading. Councilmember Campana noted the biomass feasibility study will also result in the beginnings of facility design. Mayor Pro Tem Horak requested additional information regarding the financial analyst and CAP Manager positions prior to Second Reading. Council and staff had a conversation regarding internal candidate hiring and external candidate searches. Mayor Pro Tem Horak stated he would like to see information regarding programs which have no data supporting desired results and information regarding utilizing those resources for other programs which will achieve results. City Manager Atteberry replied staff will be evaluating that topic prior to the budgeting process. RESULT: ORDINANCE NO. 046, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 22. Items Relating to the Social Host Civil Citation. (Adopted on First Reading) A. First Reading of Ordinance No. 047, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Prohibit a Social Host from Allowing the Possession or Consumption of Ethyl Alcohol or Marijuana by Persons Under Twenty-One Years of Age. B. First Reading of Ordinance No. 048, 2016, Amending Chapter 19 of the Code of the City of Fort Collins to Modify the Rules for Civil Infractions Related to Immediate Service of a Social Host Civil Citation. 1.1 Packet Pg. 28 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 416 The purpose of these items is to consider implementing a Social Host Ordinance to prohibit a person from allowing the possession or consumption of ethyl alcohol or marijuana by persons under the age of twenty-one, and to allow for the immediate service of a civil citation in the event of a violation of such Ordinance. Tom Leeson, Community Development and Neighborhood Services Director, stated staff has worked hard to engage the community with stakeholder groups, public meetings, articles in local media, and a community questionnaire. Delynn Coldiron, Neighborhood Services Manager, stated this Ordinance provides another way to deter underage drinking and consumption of marijuana, enhances enforcement options, and helps facilitate non-nuisance party situations. She detailed penalties for infractions and stated staff is recommending this not be tied to the public nuisance ordinance at this time. Coldiron discussed exemptions under the Ordinance and concerns raised by various stakeholder groups. Staff is recommending adoption of the Social Host Ordinance in order to provide a civil citation option as well as to enable the gap relating to non-nuisance parties to be filled. Gordon Coombes, Team Fort Collins, supported adoption of the Ordinance. Timothy Miller opposed the Ordinance stating it would not be effective at the college level. Juan Carlo, ASCSU Senator, opposed the Ordinance expressing concern it is discriminatory toward CSU students. Jason Sydorak, ASCSU President, opposed the Ordinance stating the data is insufficient to determine whether the Ordinance would be effective. He discussed the importance of inspiring responsibility. Councilmember Overbeck requested additional information regarding responsibility for a private place. Coldiron replied renters are responsible for private places, not property owners. Councilmember Overbeck requested information regarding the numbers of parties addressed by Fort Collins Police. Jeremy Yonce, Police Services, replied the exact data could be provided; however, it is not uncommon to have 15 or 20 calls in one night. Councilmember Stephens asked if most parties are covered by the nuisance ordinance. Yonce replied in the affirmative and stated this Ordinance would address situations in which underage drinking is occurring and a disturbance to neighbors is not occurring. Councilmember Stephens asked how parties fitting this description would be identified if no disturbance is occurring. Yonce replied various reports are called in either anonymously or as other concerns. He noted the Social Host civil violation would not be part of an individual's criminal record. Councilmember Martinez asked if a hearing officer will need to be hired to address these issues. City Attorney Daggett replied the Code provides for the Municipal Judge to appoint a referee to hear civil infraction cases. Councilmember Martinez asked if extra funding would be needed should individuals appeal their civil infractions. 1.1 Packet Pg. 29 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 417 Yonce noted an individual cited with a civil infraction also has the option to have their appeal case be heard before a judge. Bronwyn Scurlock, Assistant City Attorney, stated an appeal of a case heard by the referee would go before the Municipal Judge; if that is appealed, the case goes to the District Court. She acknowledged the referee would be paid by the hour. Councilmember Martinez asked if Police takes a zero tolerance stand on parties. Yonce replied he would hesitate to say there is a zero tolerance policy; however, officers do write tickets in most circumstances when a complaint regarding a party has been received. The ability for the officers responding to a party to write individual underage consumption tickets is extremely limited. Councilmember Martinez expressed concern this may be a solution looking for a problem and Police has the tools necessary to address underage drinking. Yonce replied there are no tools available to address the person hosting underage drinking parties and the nuisance ordinance would not apply if there is no violation to begin with. City Attorney Daggett pointed out the Financial Impact section of the Agenda Item Summary notes there may be minor financial impacts to the Municipal Court and to the City Attorney's Office, dependent on the level of enforcement activity. Mayor Troxell asked how this Ordinance would affect party registration. Yonce replied party registration only applies to noise violations. Councilmember Campana asked if an anonymous call regarding an underage drinking party is enough probable cause for Police to enter the property. Yonce replied anonymous reports are not probable cause; however, officers can develop their own probable cause based on observations. Knocking on someone's door and talking to them, however, does not require probable cause. Councilmember Martinez asked if civil infractions must be proven beyond a reasonable doubt. City Attorney Daggett replied those cases must be proven by a preponderance of evidence. Councilmember Campana discussed the niche nature of the problem being addressed by this Ordinance. Councilmember Martinez expressed concern the Ordinance appears to be targeting students. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 047, 2016, on First Reading. Councilmember Martinez noted there is no hard data supporting the effectiveness of a social host ordinance in other communities and questioned how Fort Collins will measure its success. Coldiron replied staff will research the appropriate measures and metrics. Councilmember Martinez discussed the dichotomy between the City's expansion of marijuana licenses and its statements that marijuana is a health concern in the community. 1.1 Packet Pg. 30 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 418 Councilmember Campana asked what drove the desire for this Ordinance. Coldiron replied the ability to address non-nuisance parties and the ability to have a softer response or civil infraction option were drivers. Councilmember Campana asked why this will be successful in Fort Collins when other communities cannot provide data indicating its success. Laurie Kadrich, Planning, Development and Transportation Director, replied this issue first surfaced because other communities were having great success with this type of Ordinance. This Ordinance provides an additional tool to address underage drinking in terms of neighborhood livability and law enforcement. Councilmember Cunniff thanked staff for work on the issue and expressed support for the Ordinance. He requested more detailed answers to Council's questions prior to Second Reading and suggested a review after one year. Councilmember Stephens stated this Ordinance does address a gap and this will deter people from hosting underage drinking parties. Councilmember Overbeck stated the Police Department received over 3,000 calls to respond to parties in 2013 and supported adoption of the Ordinance. Councilmember Martinez stated he needs to see proof such an Ordinance will work from other communities prior to agreeing to support its adoption. Councilmember Campana stated he would support the motion but acknowledged the importance of addressing Councilmember Martinez's questions. Mayor Pro Tem Horak discussed the importance of having another tool to address underage drinking and marijuana use. City Manager Atteberry noted the public process behind this Ordinance was an exploration and this is a tool that helps fill an important gap. He assured Council a very clear statement about the desired outcome and an outline of measures of success will be provided. Mayor Troxell stated this Ordinance is limited in scope and will fulfill the need of addressing responsible adult behavior. RESULT: ORDINANCE NO. 047, 2016 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 048, 2016, on First Reading. 1.1 Packet Pg. 31 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 419 RESULT: ORDINANCE NO. 048, 2016 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez Extension of the Meeting Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to suspend the rules to extend the meeting to midnight to consider Agenda Item No. 23 plus any additional business that should come before Council. RESULT: Motion to Extend Meeting past 10:30 p.m. MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez 23. Resolution 2016-034 Appointing a Councilmember as a Representative to the Boxelder Basin Regional Stormwater Authority Board of Directors. (Adopted) The purpose of this item is to appoint a representative from the City of Fort Collins to the Boxelder Basin Regional Stormwater Authority (BBRSA) Board of Directors. Ken Sampley has served as the City representative since June 17, 2010. The City Council has expressed a desire to appoint one of its members to the Board of Directors. Mr. Sampley will remain involved as a subject matter expert supporting the Board representative. Jon Haukaas, Water Engineering Field Operations Manager, stated this item appoints the City’s representative to the Boxelder Stormwater Authority. Ken Sampley, Utilities Water Systems Engineering Manager, has acted in this role since 2011. Eric Sutherland stated the Town of Timnath is not a financial partner; therefore, Fort Collins is paying Timnath’s share. He further asserted that Ken Sampley was never duly appointed to the position and argued Mr. Sampley’s signature on a loan agreement makes it invalid. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2016-034 with the name of Mayor Pro Tem Horak inserted as the appointee. Mayor Pro Tem Horak commended Mr. Sampley's work. City Manager Atteberry stated Mr. Sampley's appointment was appropriate and commended his work. Mayor Troxell commended Mr. Sampley's work. 1.1 Packet Pg. 32 Attachment: April 5, 2016 (4387 : Minutes-4/5) April 5, 2016 City of Fort Collins Page 420 RESULT: RESOLUTION 2016-034 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Councilmember Martinez asked if an individual receiving a civil citation per the Social Host Ordinance is entitled to a public defender. City Attorney Daggett replied she would follow up with a certain answer. Councilmember Martinez questioned the legality of the individual with no name speaking before Council and making an accusation such as the one made during public participation. City Attorney Daggett replied she would follow up with additional information.  ADJOURNMENT The meeting adjourned at 11:56 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 33 Attachment: April 5, 2016 (4387 : Minutes-4/5) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Bob Adams, Recreation Director SUBJECT Second Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates $410,820 in Recreation Reserve funds for the Edora Pool Ice Center (EPIC) Lobby Improvements. The funds will be used to remodel and relocate the front desk, repurpose the snack bar area, create a recessed trash and recycling area, install new lockers, and renovate the overall appearance of the lobby area. The lobby renovation is desired to take place during the aquatic renovation project occurring this summer from May 20-October 30, to minimize downtime at the EPIC and minimizing the negative impact on customer service. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2016 (PDF) 2. Lobby Renovation Memo, April 22, 2016 (PDF) 3. Ordinance No. 049, 2016 (PDF) 2 Packet Pg. 34 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Bob Adams, Recreation Director SUBJECT First Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $410,820 in Recreation Reserve funds for the Edora Pool Ice Center (EPIC) Lobby Improvements. The funds will be used to remodel and relocate the front desk, repurpose the snack bar area, create a recessed trash and recycling area, install new lockers, and renovate the overall appearance of the lobby area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The EPIC facility will be celebrating 30 years of operation in 2016 and is showing its age. It has been the most heavily used facility in the Recreation Department for many years with an average of over 400,000 participants using the ice and aquatic facility each year. City Council funded aquatic improvements for replacing the bulkhead and improving pump room operations in 2016. The lobby improvements include remodeling and relocating the front desk counter, repurposing the snack bar area, creating a more functional trash and recycling materials collection area recessed from the main space, replacing the current locker bank, and generally revitalizing the lobby appearance. The estimated cost for the lobby improvements is $410,820 and sufficient funds for this expense exist in current Recreation Fund reserves. The construction schedule for these improvements will be taking place from May through October. The lobby improvements could be scheduled to take place during the same time frame as aquatic improvement construction to consolidate resources and disruptions in service. Approval of this appropriation will invest in the City’s infrastructure and maintain this valuable asset to the community. In addition to committing reserves for the lobby renovation, additional funds in the amount of $4,108.20 are required to be dedicated to the Art in Public Places (“APP”) program, per Section 23-304 of the City Code. Prior appropriated unexpended funds exist in the Capital Projects Fund – Senior Center Expansion Project and are available for transfer to the Cultural Services and Facilities Fund to satisfy the APP requirement for the lobby renovation project. CITY FINANCIAL IMPACTS There will be a one-time reduction in Recreation Reserves of $410,820 for improvements to the lobby area at EPIC. ATTACHMENT 1 2.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, April 19, 2016 (4381 : SR 049 EPIC Lobby Refresh) Recreation Department PO Box 580 Fort Collins, CO 80522 970.221.6586 - fax fcgov.com/recreation Date: April 22, 2016 To: Mayor and City Council Members Through: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Wendy Williams, Assistant City Manager From: Bob Adams, Recreation Director Re: EPIC Lobby Renovation Process The EPIC Lobby Renovation Process discussion started with an impromptu facility tour of EPIC. During the tour it was shared how EPIC used to be perceived as a “World Class” facility. The well-used facility is aging quickly. It is time to reinvest in EPIC and give the community what it deserves, a “World Class” recreation center. Steps taken: 1) The desire to minimize downtime at the EPIC and minimizing the negative impact on customer service. i.e. doing the bulk head replacement project in conjunction with the Lobby area or waiting until next year which may have a negative impact on customer service. 2) Recreation met with Operation Services to determine the scope of work and estimated cost for the Lobby improvements. 3) Recreation met with City Manager’s team to discuss the timing of the funding. We discussed options such as: requesting an appropriation out of cycle to minimize disruption at EPIC or have this proposal compete with other Recreation needs within BFO. It was decided to move forward with the request for the appropriation. The renovation would take place during the bulkhead replacement project to minimize the impact on customer service. However, in the future we will discuss coordinating large scale projects so that we are not asking for appropriations out of cycle. If you have any further question please contact me at badams@fcgov.com. ATTACHMENT 2 2.2 Packet Pg. 36 Attachment: Lobby Renovation Memo, April 22, 2016 (4381 : SR 049 EPIC Lobby Refresh) -1- ORDINANCE NO. 049, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE RECREATION FUND FOR REMODELING THE LOBBY OF THE EDORA POOL ICE CENTER AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN PROJECTS FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City is the owner of the property known as the Edora Pool Ice Center (“EPIC”), Fort Collins, Larimer County, Colorado; and WHEREAS, the EPIC facility is celebrating 30 years of operation in 2016 and has been the most heavily used facility in the recreation department, averaging over 400,000 participants annually; and WHEREAS, City Council appropriated funds in 2016 to complete aquatic improvements at EPIC to replace bulkheads and improve pump room operations, with construction to be completed during 2016; and WHEREAS, staff has also identified a need to appropriate $410,820 in 2016, available from prior year reserves in the Recreation Fund, for remodeling of the EPIC lobby; and WHEREAS, the lobby remodeling project involves construction estimated to cost more than $250,000, and Section 23-304 of the City Code requires one percent of these appropriations be transferred to the Cultural Services and Facilities Fund for the Art in Public Places (APP) program; and WHEREAS, staff has identified $3,204 and $904 in unexpended amounts in the Capital Projects Fund-Senior Center Expansion Project available for transfer and appropriation to satisfy the APP artwork acquisition, and operation and maintenance contributions, respectively, associated with the EPIC lobby remodeling project; 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, do not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9 of the City Charter further authorizes the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and 2.3 Packet Pg. 37 Attachment: Ordinance No. 049, 2016 (4381 : SR 049 EPIC Lobby Refresh) -2- WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Recreation Fund the sum of FOUR HUNDRED TEN THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($410,820) for expenditure in the Recreation Fund for the remodeling of the lobby at Edora Pool Ice Center (EPIC). Section 3. That the unexpended appropriated amount of THREE THOUSAND TWO HUNDRED FOUR DOLLARS ($3,204) in the Capital Projects Fund - Senior Center Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund - Art in Public Places Project and appropriated therein for the Art Project associated with the EPIC lobby remodeling, pursuant to City Code Section 23-304(a). Section 4. That the unexpended appropriated amount of NINE HUNDRED FOUR DOLLARS ($904) in the Capital Projects Fund - Senior Center Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places Program Maintenance and Operations, pursuant to City Code Section 23-304(a). Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 38 Attachment: Ordinance No. 049, 2016 (4381 : SR 049 EPIC Lobby Refresh) -3- Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 39 Attachment: Ordinance No. 049, 2016 (4381 : SR 049 EPIC Lobby Refresh) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Jason Stutzman, Civil Engineer III SUBJECT Second Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail-College Avenue to Shields Street Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates grant funds for the construction of the Fossil Creek Trail from College Avenue to Shields Street. Great Outdoors Colorado (GOCO) has awarded the City a $1,000,000 trail grant. The proposed project completes a major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street. The layout of the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel underpass phase of the project has reached the final stage. Construction of the trail tunnel underpass will begin in 2016. Pursuant to the grant agreement the City has until June 2017 to complete the project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 050, 2016 (PDF) 3 Packet Pg. 40 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Jason Stutzman, Civil Engineer III SUBJECT Items Relating to the Fossil Creek Trail - College Avenue to Shields Street Project. EXECUTIVE SUMMARY A. Resolution 2016-036 Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Fossil Creek Trail from College Avenue to Shields Street. B. First Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail-College Avenue to Shields Street Project. The purpose of this item is to authorize the City Manager to enter into an intergovernmental agreement with Great Outdoors Colorado (GOCO) for purposes of accepting grant funding and to appropriate the grant funds for the construction of the Fossil Creek Trail from College Avenue to Shields Street. GOCO has awarded the City a $1,000,000 trail grant. The proposed project would complete a major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street. The layout of the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel underpass phase of the project has reached the final stage. Construction of the trail tunnel underpass will begin in 2016. GOCO requires a City resolution authorizing the City to enter into the grant agreement. Pursuant to the grant agreement the City has until June 2017 to complete the project. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION In both 1996 and 2008, the City’s Parks and Recreation Policy Plan identified this section of the Fossil Creek Trail as part of the master plan. The trail segment on Fossil Creek Wetlands Natural Area is shown on the Fossil Creek Natural Areas Management Plan, which was completed in 2005. The City has been working with BNSF for several years to get approval of the City’s plans for the underpass, and obtain the necessary easements from the railroad to complete the work and operate and maintain the underpass on BNSF’s property. The GOCO grant agreement requires the City to operate, manage and maintain the project in a reasonable state of repair for at least 25 years, subject to annual appropriations. The City must also place a sign at the project site acknowledging GOCO’s assistance. ATTACHMENT 1 3.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4382 : SR 050 Fossil Creek Trail) Agenda Item 7 Item # 7 Page 2 CITY FINANCIAL IMPACTS Construction of the underpass is expected to cost approximately $2,700,000. Capital funding for the construction of the underpass was budgeted from the Conservation Trust Fund in years 2015 and 2016. Obtaining this grant will offset trail funds needed to complete the project. Funds for public art were set aside for the underpass project from the appropriation of the Conservation Trust Fund money in accordance with the City Code requirements for Art in Public Places (APP). The total trail construction project, including the tunnel underpass, is estimated to cost approximately $4,200,000. Staff will be submitting a budget offer for the remaining funds needed in the 2017-18 budgets. Additional funding for APP will be included in that budget to bring the total APP funding for the project up to 1% of the total project budget. Operation and maintenance funding for the project will be about $10,000 per year and will be budgeted starting in the 2017 Parks budget. BOARD / COMMISSION RECOMMENDATION The trail connection was included in the 2013 Paved Recreational Trail Master Plan, which was reviewed by the multiple boards, including the Parks & Recreation Board and the Land Conservation and Stewardship Board. Project updates have been reviewed by the Parks and Recreation Board and the Land Conservation and Stewardship Board as the project has progressed over the last few years. PUBLIC OUTREACH The 2008 Parks and Recreation Policy Plan included an opportunity for the community to review a map showing future trails including the Fossil Creek Trail segment from College Avenue to Shields Street. The 2013 Paved Recreational Trail Master Plan included this proposed trail segment in information presented to the community for their review. Citizen responses in the 2013 Paved Recreational Trail Master Plan listed the Fossil Creek Trail from College Avenue to Shields Street segment as one of the top three needed new trail projects ATTACHMENTS 1. Location map (PDF) 2. Detailed location map (PDF) 3.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4382 : SR 050 Fossil Creek Trail) -1- ORDINANCE NO. 050, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM GREAT OUTDOORS COLORADO (GOCO) IN THE CAPITAL PROJECTS FUND FOR THE FOSSIL CREEK TRAIL-COLLEGE AVENUE TO SHIELDS STREET PROJECT WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund (GOCO) has awarded the City of Fort Collins a $1,000,000 trail grant for the construction of the Fossil Creek Trail from College Avenue to Shields Street (the “Project”); and WHEREAS, the purpose of this item is to appropriate grant funds to the Project; and WHEREAS, the Project would complete a major connection of the Fossil Creek Trail from College Avenue to Shields Street and involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad; and WHEREAS, the trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street; and WHEREAS, the City has been working with BNSF for several years to get approval of the City’s plans for the underpass, and obtain the necessary easements from the railroad to complete the work and operate and maintain the underpass on BNSF’s property; and WHEREAS, construction of the underpass is expected to cost approximately $2,700,000 in total; and WHEREAS, capital funding for the construction of the underpass was appropriated from the Conservation Trust Fund in years 2015 and 2016 and obtaining this grant will offset trail funds needed to complete the project; and WHEREAS, funding for public art for the underpass portion of the Project was previously appropriated from the Conservation Trust Fund in accordance with the Art in Public Places (APP) provisions of the City Code; and WHEREAS, the total Project including the tunnel underpass and trail construction is estimated to cost approximately $4,200,000; and WHEREAS, staff will be submitting a budget offer for the remaining funds needed in the 2017-18 budgets, including additional funding for APP, with operation and maintenance funding for the Project of about $10,000 per year budgeted starting in the 2017 Parks budget; 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 3.2 Packet Pg. 43 Attachment: Ordinance No. 050, 2016 (4382 : SR 050 Fossil Creek Trail) -2- appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Capital Projects Fund the sum ONE MILLION DOLLARS ($1,000,000) for the Fossil Creek Trail-College Avenue to Shields Street Project. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 44 Attachment: Ordinance No. 050, 2016 (4382 : SR 050 Fossil Creek Trail) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Timothy Kemp, Civil Engineer III SUBJECT Second Reading of Ordinance No. 052, 2016, Authorizing the Transfer of Previously Appropriated Funds in the Capital Project Fund from the Timberline Recycling Center Project to the Timberline Road – Drake Road to Prospect Road Improvement Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 19, 2016, transfers previously appropriated funds in the amount of $87,102 from the Timberline Recycling Center into the Capital Projects Fund for the Timberline Road-Drake Road to Prospect Road Improvement Project. This funding constitutes the Local Street contribution, in aid of construction, for the Timberline Recycling Center on Timberline Road. The Timberline Road frontage improvements along the Timberline Recycling Center frontage will be constructed with this year’s Capital Improvement Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 052, 2016 (PDF) 4 Packet Pg. 45 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 052, 2016, Authorizing the Transfer of Previously Appropriated Funds in the Capital Project Fund from the Timberline Recycling Center Project to the Timberline Road – Drake Road to Prospect Road Improvement Project EXECUTIVE SUMMARY The purpose of this item is to transfer previously appropriated funds in the amount of $87,102 from the Timberline Recycling Center into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project. This funding constitutes the Local Street contribution, in aid of construction, for the Timberline Recycling Center on Timberline Road. The Timberline Road frontage improvements along the Timberline Recycling Center frontage will be constructed with this year’s Capital Improvement Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on the First Reading. BACKGROUND / DISCUSSION The Timberline Road-Drake Road to Prospect Road Improvement Project was one of the original Building on Basics (BOB) projects approved in 2005. A good portion of the corridor improvements were completed through a Special Improvement District (SID); the remainder of the improvements will be constructed this year. In order to bring the street up to current standards, improve safety, reduce congestion, and satisfy the voter- approved ballot language, the project will add:  Sidewalk, curb and gutter along the west side of Timberline (Prospect to Bear Mountain)  Landscaped medians and parkways on the rest of Timberline (Prospect to Blackbird)  Landscaped medians on Prospect  Right turn lane improvements and pork chop islands at the Timberline and Prospect intersection In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study which classified the Timberline and Prospect intersection as a top-ranked location for needed safety and operational improvements. This project has been before Council on multiple occasions as staff has worked through the design and right-of-way acquisition phases:  Ordinance No. 181, 2013 (Declaring City Owned Property as Road Right-of-Way)  Ordinance No. 043, 2015 (Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road Intersection Improvement Projects)  Ordinance No. 125, 2015 (Appropriating Prior Year Reserves and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road - Drake Road to Prospect Road Improvement Project) ATTACHMENT 1 4.1 Packet Pg. 46 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4383 : SR 052 Timberline-Prospect Road Improvment) Agenda Item 8 Item # 8 Page 2 The additional funding will be used to construct the Timberline Road frontage improvements with this year’s Capital Improvement Project. The project components, as listed above, meet all of the BOB ballot language and are essential elements needed to accomplish the long-term operational and safety benefits at this intersection. CITY FINANCIAL IMPACTS This Ordinance authorizes the transfer of previously appropriated funds in the Capital Project Fund from the Timberline Recycling Center Project to the Timberline Road–Drake Road to Prospect Road Improvement Project. The table below summarizes the appropriations for the project: Funding Summary Prior Appropriations from BOB and Street Oversizing Funds $ 5,000,000 New Transfer of Previously Appropriated Funds $ 87,102 TOTAL $ 5,087,102 Short and long term economic benefits of the intersection and corridor enhancements:  Safety improvements resulting in fewer accidents  Easing of traffic congestion resulting in reduced fuel consumption  Optimization of signal timing to reduce vehicle delay resulting in improved air quality  Decrease in accident and delay costs (as calculated per the Highway Safety Manual) PUBLIC OUTREACH Staff is currently working through the Communication and Public Outreach Plan. Implementation of the Plan began in early 2016 and will go through the end of construction. Key elements of the Communication Plan include the Project purpose, infrastructure changes and construction timeline. The Plan includes communication tools for the travelling public, business owners and local neighborhoods / schools. The project website will be kept current with design and construction information. <http://www.fcgov.com/engineering/prospect-timberline.php> A construction open house meeting was held on April 7, 2016. The meeting was attended by 30 people, representing area neighborhoods and businesses. Staff gave a 20 minute presentation. People commented that they have seen most of the information through; postcards, the website, and utility bill inserts. Most questions were geared toward the timing of the work and recommended detour routes. All businesses will remain open during construction. ATTACHMENTS 1. Location map (PDF) 2. Sustainablity Assessment Summary and Tool (PDF) 4.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4383 : SR 052 Timberline-Prospect Road Improvment) -1- ORDINANCE NO. 052, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF PREVIOUSLY APPROPRIATED FUNDS IN THE CAPITAL PROJECTS FUND FROM THE TIMBERLINE RECYCLING CENTER PROJECT TO THE TIMBERLINE ROAD-DRAKE ROAD TO PROSPECT ROAD IMPROVEMENT PROJECT WHEREAS, in connection with the Timberline Road-Drake Road to Prospect Road Improvement Project, staff has identified several improvements that are necessary to bring the street up to current standards; and WHEREAS, a portion of the money originally appropriated with the Timberline Recycling Center Project represents the local street share owed for that Project and is appropriate for use to help fund the completion of these improvements; and WHEREAS, this Ordinance transfers that amount, $87,102, in the Capital Projects Fund from the Timberline Recycling Center Project to the Timberline Road-Drake Road to Prospect Road Improvement Project; and WHEREAS, this Ordinance does not appropriate any new funding; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged as is the case with this transfer. 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 unexpended and unencumbered appropriated amount of EIGHTY SEVEN THOUSAND ONE HUNDRED TWO DOLLARS ($87,102) is hereby authorized for transfer from the Timberline Recycling Center Project to the Timberline Road - Drake Road to Prospect Road Improvement Project. 4.2 Packet Pg. 48 Attachment: Ordinance No. 052, 2016 (4383 : SR 052 Timberline-Prospect Road Improvment) -2- Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 49 Attachment: Ordinance No. 052, 2016 (4383 : SR 052 Timberline-Prospect Road Improvment) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT Second Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 19, 2016, vacates various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 053, 2016 (PDF) 5 Packet Pg. 50 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT First Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. EXECUTIVE SUMMARY The purpose of this item is to vacate various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In July 2009, the East Ridge plat was filed, which included Barnstormer Street, Zeppelin Way, Navion Way, Yeager Street, Conquest Street, Marquise Street, Biplane Street, Coleman Street, Supercub Lane, Quinby Street, Fairchild Street, Sykes Drive, Vicot Way, Crusader Street, Yeager Street, Comet Street, Reliant Street, Desault Street, Delozier Road, public Alleys, and a portion of Timberline Road. After approval of the East Ridge project, the developer requested this vacation because they want to utilize a different housing product that modifies the layout from what was approved with the East Ridge filing. A Major Amendment to the approved project, East Ridge Second Filing, intends to replat East Ridge and was approved through an Administrative Hearing on January 27, 2016. Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed in conjunction with the review of the East Ridge Second Filing Development Plan. The vacation will not become effective or be recorded until the plat for the East Ridge Second Filing is recorded. CITY FINANCIAL IMPACTS There are no financial impacts to the vacation of this portion of right-of-way. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and potentially impacted City departments. Because the developer who requested this vacation owns the adjacent properties to which notice would normally be sent, no additional notice was necessary to adjacent property owners. ATTACHMENT 1 5.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4384 : SR 053 East Ridge ROW Vacation) Agenda Item 9 Item # 9 Page 2 ATTACHMENTS 1. Location map (PDF) 5.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4384 : SR 053 East Ridge ROW Vacation) -1- ORDINANCE NO. 053, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING EAST RIDGE PLAT WHEREAS, the Plat of East Ridge, recorded on July 13, 2009 as Reception No. 20090047904 in the real property records of the Larimer County Clerk and Recorder, included dedication to the public of right-of-way for Barnstormer Street, Zeppelin Way, Navion Way, Yeager Street, Conquest Street, Marquise Street, Biplane Street, Coleman Street, Supercub Lane, Quinby Street, Fairchild Street, Sykes Drive, Vicot Way, Crusader Street, Yeager Street, Comet Street, Reliant Street, Desault Street, Delozier Road, public alleys and a portion of Timberline Road; and WHEREAS, East Ridge Holdings, LLC, has requested that the City vacate these rights- of-way pursuant to City Code Section 23-15 in connection with a new subdivision plat to be filed for the development to be known as, “East Ridge Second Filing”; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street purposes; and WHEREAS, potentially affected City agencies, private utility companies, and emergency service providers have been contacted and reported no objection to the proposed vacation; and WHEREAS, the City Engineer has recommended approval of this vacation to the Director of Planning, Development and Transportation who in turn recommends approval to the City Council; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the street rights-of- way for Barnstormer Street, Zeppelin Way, Navion Way, Yeager Street, Conquest Street, Marquise Street, Biplane Street, Coleman Street, Supercub Lane, Quinby Street, Fairchild Street, Sykes Drive, Vicot Way, Crusader Street, Yeager Street, Comet Street, Reliant Street, Desault Street, Delozier Road, public alleys and a portion of Timberline Road, all as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the “Specified Streets”), are no longer needed for right-of-way purposes and that it is in the public interest to vacate the same. Section 3. That the Specified Streets are hereby vacated, abated and abolished, provided that: 5.2 Packet Pg. 53 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) -2- 1) This vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder: 2) This Ordinance shall only be recorded concurrently with the subdivision plat for the development known as “East Ridge Second Filing.” 3) If this Ordinance is not recorded by January 27, 2019, then this Ordinance shall become null and void and of no force and effect. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 54 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) 5.2 Attachment: Ordinance No. 053, 2016 (4384 : SR 053 East Ridge ROW Vacation) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Emma Belmont, Transit Planner SUBJECT First Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. EXECUTIVE SUMMARY The purpose of this item is to request an unanticipated 2016 appropriation in the amount of $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, we will use existing appropriations in 2016 to cover the 1% of the local match ($525) to APP. STAFF RECOMMENDATION Staff recommends adoption of Ordinance on First Reading. BACKGROUND / DISCUSSION Transportation Alternatives Program (TAP) grant funding was awarded to the City of Fort Collins, Boulder County and Colorado State University (CSU) to fund four regional secure bicycle parking structures at transit facilities to improve multi-modal connections between bicycling and transit. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. These secure bike parking structures have been named “Bike-n-Ride” stations and add to an existing network in Boulder County and Fort Collins. Two bike shelters exist in Fort Collins, one at the South Transit Center (STC) and the other in the Civic Center Parking Structure. A map of the existing and planned shelters is provided as Attachment 4. This funding was awarded to build new secure bike shelters at the following locations:  Downtown Transit Center (250 North Mason Street, Fort Collins) - to be built by Fort Collins  University MAX Station (University Avenue and South Mason Street, Fort Collins) - to be built by CSU  Lafayette Park-n-Ride (1180 South Public Road, Lafayette) - to be built by Boulder County  Boulder Junction (30th Street and Pearl Street, Boulder) - to be built by Boulder County The bicycle parking facilities will be open-air structures with a roof, walls, and a locked door to protect parked bicycles from theft, vandalism and the elements. Secure bicycle parking facilities allow transit riders to bike to a bus stop, safely secure their bike in the shelter, and then complete the rest of their journey via transit or vice versa. Shelters encourage bicyclists who might otherwise bring their bike with them onboard a bus to leave their bike in a secure bike shelter. Access to the facilities will be limited to members who sign-up for the program. 6 Packet Pg. 62 Agenda Item 6 Item # 6 Page 2 In addition to bicycles, longboards may also be accommodated within the Bike-n-Ride shelters, but generally longboards are small enough for customers to bring with them on buses. Bike-n-ride shelters provide an opportunity to collaborate on bike and longboard parking in alignment with a forthcoming FCMoves BFO offer. Providing secure bicycle facilities is one of three approaches identified in an outreach effort that took place in the fall of 2014 to help assist with bike parking needs along the MAX Bus Rapid Transit route. This effort was undertaken to address numerous incidents where bicyclists had been left at MAX stations due to the MAX interior bike racks being full. Other approaches identified to help with MAX’s bike needs were more bike parking at stations (completed in late 2014) and bike share implementation (opened April 1, 2016). Additional information on the outreach effort that identified these approaches can be found in Attachment 5. CITY FINANCIAL IMPACTS The cost of the project will be borne by TAP funds (80%) and by local KFCG carryover funding (20%). Transfort will also fund Art in Public Places a 1% contribution of the local match portion. Transfort is not requesting any additional funding from the City. ATTACHMENTS 1. Grant Agreement (PDF) 2. Notice to Proceed (PDF) 3. Grant Application (PDF) 4. Bike-n-Ride Regional Network Map (PDF) 5. Bike Accommodations along MAX Overview (PDF) 6 Packet Pg. 63 ATTACHMENT 1 6.1 Packet Pg. 64 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 65 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 66 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 67 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 68 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 69 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 70 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 71 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 72 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 73 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 74 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 75 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 76 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 77 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 78 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 79 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 80 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 81 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 82 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 83 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 84 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 85 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 86 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 87 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 88 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 89 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 90 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 91 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 92 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 93 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 94 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 95 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 96 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 97 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 98 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 99 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 100 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 101 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 102 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 103 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 104 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 105 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 106 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 107 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 108 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 109 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 110 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 111 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 112 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 113 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 114 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 115 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 116 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 117 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 118 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 119 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.1 Packet Pg. 120 Attachment: Grant Agreement (4307 : Downtown Transit Center Bicycle Parking Appropriation) 10601 W. 10th Street, Greeley, CO 80634 P 970.350.2211 F 970.350.2198 www.codot.gov March 11, 2016 Alex Hyde-Wright STU C070-079 Boulder County Secure Bus Shelters (FoCo) 2525 13th St #203 20827 Boulder, Colorado 80304 RE: Notice To Proceed Dear Mr. Hyde-Wright, This letter serves as notice to proceed, as of March 8, 2016, with the Design phase of project TAP M070-079, Secure Bus Shelters (FoCo). Eligible charges are reimbursable as of this date. Please keep a copy of this notice in your project files for reference. The Miscellaneous phase has not been authorized. Price quotes for the equipment/shelters being purchased will need to be submitted prior to budgeting that phase. The Uniform Guidance (formerly Supercircular) end date for the design phase is 10/31/2017. The construction phase of the project will have to advertise no later than that date. If you have any questions please call me at 970-350-2211. Sincerely, Katrina M. Kloberdanz Katrina M. Kloberdanz, PE Local Agency Project Manager CC: Aaron Fodge – Colorado State University Emma Belmont – City of Fort Collins ATTACHMENT 2 6.2 Packet Pg. 121 Attachment: Notice to Proceed (4307 : Downtown Transit Center Bicycle Parking Appropriation) TRANSPORTATION ALTERNATIVES PROGRAM APPLICATION Colorado Department of Transportation Please type or print legibly APPLICANT INFORMATION ELIGIBLE APPLICANT AGENCY – indicate ONE ‰ Municipality „„ County ‰ State Agency ‰ Federal Agency ‰ Other_______________ 2. AGENCY NAME Boulder County 3. ADDITIONAL SPONSORS OR CO-SPONSORS City of Fort Collins/ Transfort Colorado State University City of Boulder Regional Transit District (RTD) 4. CONTACT PERSON Scott McCarey, PE, AICP TITLE Multi-modal Division Manager PHONE 720-564-2665 5. AGENCY MAILING ADDRESS c/o Scott McCarey P.O. Box 471 CITY Boulder STATE CO ZIP 80306 PROJECT DESCRIPTION 6. PROJECT NAME Secure Bicycle Parking at Transit Centers/ Park-n-Rides (“Bus-then-Bike” Shelters) 7. PROJECT LOCATION/ADDRESS Lafayette Park-n-Ride (1180 S Public Rd, Lafayette) Boulder Junction (30th St and Pearl St, Boulder) Downtown Transit Center (250 N Mason St, Ft Collins) University MAX Station (University Ave & S Mason St, Ft Collins) 8. PROJECT LIMITS (mileposts, intersecting roadways, rivers, other geographic features) Same as Project Location 9. COUNTY Boulder County, Larimer County 10. MUNICIPALITY City of Lafayette, City of Boulder, City of Fort Collins 11. PROJECT LENGTH Project includes sites at discrete locations on a 40 mile transit corridor. 12. 1-2 SENTENCE DESCRIPTION OF PROJECT The proposed project will provide long-term, secure bicycle parking at four (4) transit centers/ park-n-rides. Secure bike parking at transit facilities improves the first and final mile connections to transit, increasing transit’s reach and encouraging bicycle travel. These shelters would expand Boulder County’s existing network of Bus-then-Bike shelters. ELIGIBILITY 13. PROJECT CATEGORY – check all that apply PEDESTRIAN & BICYCLE/ NON-MOTORIZED TRANSPORTATION HISTORIC / SCENIC TRANSPORTATION ACTIVITIES „ Bicycle & pedestrian / Non-Motorized transportation facilities FUNDING PROJECT COST DATE AVAILABLE SOURCE OF FUNDS TOTAL ($) 14. FEDERAL TAP FUNDS REQUESTED TAP $452,000.00 15. LOCAL MATCH FUNDS Boulder County 1/1/15 Boulder County Transportation $13,000.00 16. OTHER FUNDING SECURED* City of Boulder 1/1/15 City of Boulder Transportation $18,400.00 City of Fort Collins 1/1/15 City of Fort Collins $52,200.00 Regional Transit District 9/1/14 Strategic Business Practices fund $8,000.00 Colorado State University 1/1/15 Colorado State University, Sponsored Programs $21,400.00 17. TOTAL PROJECT COST $565,000.00 *Please list all other funding sources. PREVIOUS TAP OR TE FUNDS AWARDED 18. Has your agency been awarded TAP or TE funds previously? YES or N (Circle One) If yes, please provide award dates and project details: SH 119 Airport Rd Pedestrian/Bicycle Underpass (1217 TIP). Awarded: Jan 2011. Completion: December 2014 x $1.7M project to add a multi-use trail along part of SH 119 and construct a pedestrian/bicycle underpass. SH 93 Shoulder widening, Pedestrian/Bicycle Underpass (1217 TIP). Awarded: Jan 2011. Completion: June 2015 x $5.6M Joint project w/ CDOT to add shoulders to SH 93 and construct a pedestrian/bicycle underpass. REQUIRED INFORMATION 19. REQUIRED ATTACHMENTS – please label attachments accordingly „ Attachment A – Description of proposed project „ Attachment B – Maps, plans and photographs „ Attachment C – Evidence of eligibility by project category „ Attachment D – Benefits of proposed project „ Attachment E – Environmental Review „ Attachment F – Budget and implementation schedule „ Attachment G – Proposed maintenance plans, agreements, covenants „ Attachment H – Resolutions of support and letters of approval „ Attachment I – Right-of-way or legal property description SIGNATURE 20. AUTHORIZED AGENCY REPRESENTATIVE: Scott McCarey, PE, AICP TITLE: Multi-modal Division Manager 21. SIGNATURE DATE: October 31st, 2014 CDOT USE ONLY CDOT RTD OR DESIGNEE/TITLE/DATE STIP # PROJECT # CDOT RESIDENT OR PROGRAM ENGINEER/TITLE/DATE ‰ Approved ‰ Disapproved 6.3 Packet Pg. 123 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Secure Bike Parking at Regional Transit Facilities, Attachments Attachment A: Description of Proposed Project This proposed project will construct secure, long-term bicycle parking structures at transit facilities to improve multi-modal connections between bicycling and transit. The bicycle parking facilities will be open-air structures with a roof, walls, and a locked door to protect parked bicycles from theft, vandalism and the elements. Secure bicycle parking facilities allow transit riders to bike to their bus stop, leave their bike at the stop, and then complete the rest of their journey via transit. Access to the facilities will be limited to members who have signed up and received an RFID card. This smart-card system allows for monitoring who is using the shelters and how much usage the shelters are receiving. These bicycle parking facilities would expand Boulder County and Northern Colorado’s existing network of secure bicycle parking facilities, known as “Bus-then-Bike” shelters. Bus-then-Bike shelters would be constructed at the following transit facilities: x Lafayette Park-n-Ride (1180 S Public Rd, Lafayette) x Boulder Junction (30th St and Pearl St, Boulder) x Downtown Transit Center (250 N Mason St, Fort Collins) x University MAX Station (University Ave & S Mason St, Fort Collins) Existing Bus-then-Bike shelter at Table Mesa Park-n-Ride: Exterior view. Interior view, showing bicycles locked up inside. 6.3 Packet Pg. 124 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Plan, elevations, schematic of Table Mesa “Bus-then-Bike” shelter structure. While Boulder County is the applicant for this project, and will solely enter into a contract with CDOT, Boulder County will distribute funds to and enter into Intergovernmental Agreements (IGAs) for the construction, maintenance and operation of the Boulder Junction, Downtown Transit Center, and University MAX Station locations with the City of Boulder, the City of Fort Collins, and Colorado State University, respectively. 6.3 Packet Pg. 125 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Attachment B: Maps, Plans and Photographs: Project Overview Map showing Regional and Interregional Transit Service, existing and funded Bus-then-Bike shelters and Secure Bike Parking facilities to be funded under this TAP grant: 6.3 Packet Pg. 126 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Site plan for Downtown Transit Center, Fort Collins 6.3 Packet Pg. 127 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Site plan for University MAX Station/ CSU (shaded for clarity): 6.3 Packet Pg. 128 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Excerpt of Site plan for Lafayette Park-n-Ride: 6.3 Packet Pg. 129 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Site plan for Boulder Junction (shaded and labeled with large font for clarity): Attachment C: Evidence of Eligibility by Project Category There are three categories of eligible projects set forth in the TAP guidelines and application: 1. Bicycle/Pedestrian 2. Environmental Mitigation 3. Historic/Scenic The proposed project constructs bicycle infrastructure that improves connections to transit and encourages bicycle travel, and is thus eligible under the first category. 6.3 Packet Pg. 130 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Attachment D: Benefits of Proposed Project Providing secure bicycle parking at transit stations and park-n-rides will increase bicycling activity by allowing more people to get to or from their bus stop via bicycle. While transit riders are generally willing to walk up to ½ mile to or from their bus stop, transit riders who bicycle to or from their bus stop are generally willing to ride up to 3-5 miles. If transit riders can be encouraged to bike to or from bus stops, Transfort and RTD can maximize their investment in transit service by serving an area up to 100x larger. Even in Fort Collins, Boulder and Lafayette, which have bike lanes and bike paths that lead to bus stops, a major obstacle that prevents more people from biking to or from transit is the question of what to do with the bicycle at the stop. Bicyclists are often reluctant to leave their bikes locked up outside for long periods of time due to concerns about theft, vandalism and weather. While all Transfort and RTD buses have bike racks that can accommodate bicycles on-board, space is limited and it is difficult for people to rely on this option as the on-board bike racks are often full. Secure, weather-protected bicycle parking at transit stops closes this gap between bicycling and transit service by allowing people to leave their bikes at the bus stop without worrying about theft, vandalism or weather. Bicyclists can use existing bike lanes and bike paths to get to their bus stop, store their bike in a secure bike parking facility, and then complete their journey using the existing transit service. The key-card access system used to control access to the bike parking facilities provides local agencies a count of how many people are using the facilities on a daily basis. The proposed secure bike parking facilities extend Boulder County's network of existing facilities (termed “Bus-then-Bike shelters”), currently in operation at Table Mesa Park-n-Ride (Boulder), 28th & Iris (Boulder) and 8th & Coffman (Longmont), with several more currently funded or under construction. Boulder County’s Bus-then-Bike shelters have proved very popular with transit riders, and in recent surveys have been identified as the top amenity for encouraging transit riders to bike to bus stops. The proposed bike parking facilities will increase access to many of the major activity centers in the region, including, but not limited to: downtown Fort Collins, Colorado State University, Boulder Junction/East Boulder and downtown Lafayette. These major activity centers have many popular civic destinations, including the Old Town Library and Library Park in downtown Fort Collins, the Lafayette Public Library and Lamont Does Memorial Park in Lafayette, and the East Mapleton Ball fields at Boulder Junction. 6.3 Packet Pg. 131 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) The proposed bike parking facilities will maximize the region’s investment in transit by improving access to transit stations and allowing transit to serve more riders. The bike parking facilities would provide bicycle to transit connections for the following regional and interregional bus routes serving many of the major population and employment centers in CDOT Region 4: • FLEX (in service between Longmont and Fort Collins), • MAX (in service within Fort Collins, provides connections to the FLEX and three transit centers) • FLEX (TIP application pending to create one-seat ride from Fort Collins to Boulder) • US 36 BRT (improved service between Denver, East Boulder begins early 2016) • L (in service between Longmont and Denver, will see speed, reliability improved by US 36 managed lanes, opening early 2016) • L (TIP application pending to improve midday and weekend frequency between Longmont, Denver) To help transit riders and bicyclists find the bike parking facilities, wayfinding signage will be installed directing users to the facilities and adjoining transit stops. In addition, secure bike parking helps transit agencies operate their service more efficiently by: x Increasing the number of potential transit riders by expanding the catchment area. x Reducing delay from loading/unloading bicycles, especially on regional buses. x Addressing the shortage of bicycle storage capacity on buses. x Encouraging bicycling to Park-n-Rides, which reduces automobile parking space demand and frees up automobile parking for other users By expanding access to transit, the proposed bike parking facilities will improve the state and regional economy. These facilities will connect residents to the thousands of jobs located in four of the major employment locations in the region: downtown Fort Collins, Colorado State University, east Boulder, and downtown Lafayette. Colorado’s Front Range is known for being a bicycling mecca with two (Boulder, Fort Collins) of only four Platinum-level Bicycle Friendly Communities in the country. Bicycling is a major tourism draw, featuring prominently on Colorado.com, the state’s tourism website, and improved infrastructure for bicyclists in 6.3 Packet Pg. 132 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Boulder and Fort Collins, already major tourist destinations, will further increase their appeal to out of state visitors. The proposed bike parking facilities will increase access to numerous public lands and facilities in addition to previously mentioned libraries and parks. The Downtown Transit Center and CSU facilities are located directly on the Mason Trail, a multi-use walking/bike path than runs the length of Fort Collins. The Boulder Junction site is directly adjacent to the Goose Creek Trail, which provides direct connections to Boulder’s open space and hundreds of mile of bikeways. The Lafayette site provides a connection to the Coal Creek Trail and Boulder County’s network of open space and multi-use trails. Expanding access to these recreational opportunities will enhance the quality of life for residents in the region. The proposed Downtown Transit Center bike shelter would be located in the heart of downtown Fort Collins. The design of the structure is intended to be sensitive to the historic character of the Downtown Transit Center that is housed in the Colorado and Southern Freight Depot, a Fort Collins Historic Landmark. The structure will include design elements such as brick columns, decorative metal cladding for the sidewalls and similar roofing elements to the neighboring historic landmark. This additional bicycle infrastructure will add to the Freight Depot’s significance in providing transportation services in Fort Collins and the region. According to the 2010 Census, the Downtown Transit Center (Fort Collins) is located in an area with higher than average concentrations of low income populations compared to the rest of Fort Collins. Furthermore, Transfort’s Ride Assistance program provided over 20,000 10-ride booklets to Social Service Agencies and non-profits to distribute to disadvantaged populations in Fort Collins. This service means that the Downtown Transit Center serves a disproportionately large low income and minority clientele. At the Boulder Junction site, 71 permanently affordable housing units are currently under construction as part of a larger development at this site, bringing a large number of low-income residents to this site. Furthermore, as household transportation costs for low income residents can account for as much as 30% of their total budget, expanding access to transit offers a way for low income households to reduce their cost of living. Boulder County, CSU and Transfort staff have all met with CDOT Region 4 staff multiple times to discuss this project and the project readiness. Three of the four sites (Lafayette, CSU, and Boulder Junction) will use off-the-shelf shelter structures that have already been designed and fully engineered. Using these modular pre-engineered structures will significantly reduce the implementation time for this project 6.3 Packet Pg. 133 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) (see Attachment F). A conceptual design is complete for the Downtown Transit Center site. All Bus- then-Bike shelters will be constructed in existing public right-of-way or on existing public property (Regional Transit District, City of Boulder, City of Fort Collins, Colorado State University). Each agency has provided a letter of support for this project. Boulder County does not have any funds yet to encumbered for any TAP or TE projects awarded in previous fiscal years. The proposed secure bike parking facilities are located on corridors identified in regional plans for both the Denver Regional Council of Governments (DRCOG) and North Front Range Metropolitan Planning Organization (NFRMPO) metro areas. Both the Boulder Junction location and the Lafayette Location are within the DRCOG planning boundary and are located on MetroVision 2035 Principle Arterials and at the intersection of Regional and Community Bicycle Corridors. The Boulder Junction location is also located on a MetroVision Rapid Transit Corridor (US 36 Bus Rapid Transit, service begins 2016). MetroVision is the DRCOG long-range plan. In the 2013 “US 36 First and Final Mile Study,” a regional study that identified measures to improve access to transit, secure bicycle parking at transit stations was identified as one of the top three priorities for this corridor. Additionally, secure bike parking facilities are defined in the local Boulder County Transportation Master Plan, adopted in 2012. Both the Downtown Transit Center and CSU facilities in Fort Collins are located on a NFRMPO Regionally Significant Bicycle Corridor- the Mason Trail. In addition to being defined in both local and regional plans, secure bike parking has documented community support. Both RTD and Transfort have consistently heard from riders that better bicycle parking at transit stops is a high priority, and Boulder County’s existing Bus-then-Bike shelters have earned high praise in surveys. Transfort’s success in encouraging transit riders to bicycle to MAX/FLEX bus stops has created another problem; since the opening of the MAX in May 2014, 114 riders per week who wanted to bring their bike with them on the bus have been turned away due to the on-board bike racks being full. 6.3 Packet Pg. 134 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Attachment E: Environmental Review Boulder County and its co-sponsors are not aware of any environmental issue associated with this project. If any are discovered during project implementation, appropriate mitigation measures will be applied. Attachment F: Budget and Implementation Schedule While secure bike parking facilities provide the region a greater benefit if more are built, these facilities will deliver the above mentioned benefits even if not all of them are constructed at once. To that end, if adequate funding is unavailable to fund all four facilities, we would ask that the review committee consider funding a portion of the $454,400 being requested. The individual costs of each location are broken down below: Downtown Transit Center, Fort Collins Construction, operation and maintenance by Transfort. Total project budget: $261,000 Federal Request: $208,800 Local Match: $52,200 6.3 Packet Pg. 135 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) 10.27.14 Item Description Unit Estimate d Quantity Unit Cost Item Cost Site & Landscape - VE = Project 1 1 Demolition, Clearing, and Grubbing LS 1 $ 2,000.00 $2,000 2 Removing, Storing existing site furnishings (2 benches, 2 bike racks) LS $ 600.00 $0 3 Earthwork and Grading (includes subtle berm north of station) LS 1 $ 1,500.00 $1,500 4 Sod and Soil Prep SF 375 $ 1.00 $375 5 Sod Irrigation SF 375 $ 1.00 $375 6 Existing Tree Protection LS 1 $ 750.00 $750 7 Deciduous Shade Tree Transplanting EA 3 $ 450.00 $1,350 8 Planting (shrubs, ornamental grasses, groundcovers, perennials) SF 400 $ 8.50 $3,400 9 Soil Amendment @ 3 CY/ 1,000 SF) CY 3 $ 50.00 $150 10 Weed Barrier Fabric and Mulch SF 400 $ 2.10 $840 11 Drip Irrigation for Planting Areas SF 400 $ 1.00 $400 12 Irrigation Controller Modifications LS 1 $ 900.00 $900 13 Steel Edger LF $ 5.00 $0 14 Brick Seatwall LF $ 375.00 $0 15 Paver Border at plaza LF $ 20.00 $0 16 Colored Concrete (6" thick) SF $ 8.00 $0 17 Standard Gray Concrete (6" thick) SF 875 $ 6.00 $5,250 18 Standard Metal Grate (2' wide) LF 22 $ 75.00 $1,650 19 Curb Cut EA 1 $ 750.00 $750 20 Bench EA $ 2,000.00 $0 21 Reinstall Existing Bench EA $ 300.00 $0 22 Reinstall Existing Bike Rack (9 spaces in each) EA $ 350.00 $0 23 Tables with (4) chairs EA $ 2,500.00 $0 24 Striping for Food Vendor Trucks EA $ 250.00 $0 25 Transfort Signage (adjacent to building OR building mounted) allowance $ 5,000.00 $0 26 Existing Monument Sign wayfinding modifications allowance 1 $ 750.00 $750 Subtotal: $20,440 Mobilization, contractor overhead, construction survey, etc. (assumes 15% of subtotal) $3,066.00 10% Contingency: $2,350.60 $25,856.60 8%-15% Design Fees 8% Design Fees $2,068.53 15% Design Fees $3,878.49 Range for Project Construction Plus Project Total Design Fees: $27,925.13 $29,735.09 Bike Station and Utilities - VE = Project 2 27 Bike Station (customized to fit historic character of DTC) allowance 1 $ 153,000.00 $153,000 28 Bike Station Freight/Shipping allowance 1 $ 9,000.00 $9,000 29 Bike Station Concrete/Footings allowance $0 30 Bike Station Lighting allowance 2 $ 1,500.00 $3,000 31 New Pedestrian Light at plaza allowance $0 32 Electrical Utilities allowance 1 $ 3,000.00 $3,000 33 Data Utilities (for keyed access) allowance 1 $ 8,000.00 $8,000 34 Electrical Utilities 5' wide patch (90% asphalt 10% concrete) SY 70 $ 37.00 $2,590 Subtotal: $178,590 Mobilization, contractor overhead, construction survey, etc. (assumes 5% of subtotal) $8,929.50 15% Contingency: $28,127.93 $215,647 8% Design Fees $17,251.79 15% Design Fees $32,347.11 Range for Project Total Construction Plus Project Total Design Fees: $232,899.22 $247,994.54 Grant Request (Based on 8% design fee allowance): $260,824.35 Notes: New Electrical Switch/Transformer is not included - assume existing can handle increased load New Irrigation Controller is not included - assume existing can handle increased zones University MAX Station/ CSU, Fort Collins Construction, operation and maintenance by Colorado State University. Total project budget: $107,000 Federal Request: $85,600 Local Match: $21,400 6.3 Packet Pg. 137 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Lafayette Park-n-Ride, Lafayette Construction, operation and maintenance by Boulder County. Total project budget: $80,000 Federal Request: $64,000 Local Match: $16,000 Estimated Capital Costs Product/ Service $51,000 17' x 18' Shelter- capacity for 18 bikes $2,400 Bike Racks (18 x $180 ea.) $4,700 Shelter and sign installation (labor) $8,000 Door control components (materials and installation) $1,500 LED lighting (materials) $2,500 Electrical installation (electrician) $2,500 Signs, Misc. Materials $2,200 Network Communications (materials, install) $400 Air Station $900 Fixit Station $76,100 Subtotal $3,805 Contingency (5%) $79,905 Total 6.3 Packet Pg. 138 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Boulder Junction, Boulder Construction and maintenance by City of Boulder. Operated by Boulder County. Total project budget: $117,000 Federal Request: $93,600 Local Match: $23,400 6.3 Packet Pg. 139 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Attachment G: Proposed Maintenance Plans The proposed Bus-then-Bike shelters will be maintained by the following agencies: x The Downtown Transit Center shelter in Fort Collins will be maintained by Transfort/ City of Fort Collins. x The Colorado State University (CSU) shelter in Fort Collins will be maintained by CSU. x The Lafayette Park-n-Ride shelter in Lafayette will be maintained by Boulder County. x The Boulder Junction shelter in Boulder will be maintained by the City of Boulder. Attachment H: Resolutions of Support and Letters of Approval Letters of Support are enclosed from the following agencies: x Transfort/ City of Fort Collins x Colorado State University x City of Boulder x Regional Transit District (RTD) 6.3 Packet Pg. 140 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.3 Packet Pg. 141 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.3 Packet Pg. 142 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.3 Packet Pg. 143 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Friday, October 31st, 2014 Dear Transportation Alternatives Program Grant Review Committee, The City of Boulder is pleased to submit this letter of support for Boulder County’s Transportation Alternatives Program grant application for secure bike parking at transit facilities. We are pleased to support this project that will improve first and final mile connections for regional transit service. With many of our residents and non-resident employees bicycling and walking to and/or from transit stops, the City of Boulder is continually looking for opportunities to expand and improve access to transit service. The City of Boulder supports Boulder County’s use of a portion of Boulder Junction to construct a Bus-then-Bike shelter. This secure bicycle parking infrastructure will enable more customers to bicycle to and park at this Park-n-Ride without worrying about theft, vandalism or the weather. I can confirm our intention to contribute up to $18,400 towards the local match for secure bike parking at this location. In addition, we are committed to developing an inter-government agreement with Boulder County specifying the roles of City and the County with regards to the construction, operation, and ongoing maintenance of this project. Thank you for your consideration of this grant application. Again, we appreciate the opportunity to collaborate on this regionally-significant project. Please feel free to contact me should you need more information. Respectively, Tracy Winfree Director of Transportation for Public Works City of Boulder 6.3 Packet Pg. 144 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) Attachment I: Right-of-Way or legal property description All proposed secure bicycle parking facilities are located on public property or in existing public right-of- way. The Downtown Transit Center shelter in Fort Collins is located on City of Fort Collins property (Parcel Number 9711168901, Township: 07, Range: 69, Section: 11, TRACT A, DOWNTOWN TRANSIT CENTER). The City of Fort Collins has provided their support for using their property adjacent to the Downtown Transit Center building for a Bus-then-Bike shelter as part of this project (letter of support enclosed as part of Attachment H). The Colorado State University (CSU) shelter in Fort Collins is located on CSU property (Parcel Number: 9714405901, Township: 07, Range: 69, Section: 14, N 1/2 SE 14-7-69 LESS AMT TO USA AND LESS RR; ALSO BEG 360 FT M/L E OF NW COR OF SE OF SE 14-7-69, TH S 60 FT M/L, E 80 FT, S 50 FT, E 103 FT, S 591 FT, E 44 FT, N 190 FT, E 106 FT, N 501 FT, TH W TPOB). CSU has provided their support for using this property (adjacent to the University Ave MAX station) for a secure bicycle parking facility as part of this project (letter of support enclosed as part of Attachment H). The Lafayette Park-n-Ride shelter in Lafayette is located on Regional Transit District (RTD) property in Boulder County (parcel number 157502300045, Section 2, Township 1S, Range 69, TR IN SW 1/4 SW 1/4 2-1S-69 TOTAL 2.23 ACS M/L PER REC NO 800461 10/28/86 BCR SPLIT FROM ID 20696). RTD has provided their support for using part of their park-n-ride property for a Bus-then-Bike shelter as part of this project (letter of support enclosed as part of Attachment H). The Boulder Junction shelter in Boulder is located on City of Boulder property set aside for a future park (parcel number 146329158003, Section 29, Township 1N, Range 70, Lot 3 Boulder Transit Village Replat A). The City of Boulder has provided their support for using a portion of this property for secure bike parking (letter of support enclosed as part of Attachment H). 6.3 Packet Pg. 145 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation) South Transit Center 8th & Coffman PnR US 36/ Table Mesa Station Hover/ SH 119 (2016) University Station (2016) Downtown Transit Center (2016) Boulder Transit Center Lafayette PnR (unfunded) Boulder Junction (2016) 28th & Iris US 36 & McCaslin Station (2016) Denver Bike Hub at Denver Union Station (2016) US 36/ Sheridan Station (unfunded) US 36/ Broomfield Station (unfunded) Prospect Station (unfunded) MAX FLEX L/ LX Flatiron Flyer FLEX BOLT Bustang FLEX Bustang DENVER BOULDER LONGMONT WESTMINSTER LAFAYETTE SUPERIOR BROOMFIELD FORT COLLINS LOUISVILLE Bicycle & Transit ATTACHMENT 5 6.5 Packet Pg. 147 Attachment: Bike Accommodations along MAX Overview (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.5 Packet Pg. 148 Attachment: Bike Accommodations along MAX Overview (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.5 Packet Pg. 149 Attachment: Bike Accommodations along MAX Overview (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.5 Packet Pg. 150 Attachment: Bike Accommodations along MAX Overview (4307 : Downtown Transit Center Bicycle Parking Appropriation) 6.5 Packet Pg. 151 Attachment: Bike Accommodations along MAX Overview (4307 : Downtown Transit Center Bicycle Parking Appropriation) -1- ORDINANCE NO. 051, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSIT SERVICES FUND FOR A BICYCLE PARKING FACILITY AT THE DOWNTOWN TRANSIT CENTER AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the purpose of this item is to appropriate funds to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center; and WHEREAS, in 2015, the Colorado Department of Transportation (“CDOT”) awarded the City $210,000 (80% of total project cost of $262,000) in Transportation Alternatives Program (“TAP”) funding to design and construct the facility, and a grant agreement was executed by CDOT with Boulder County who will administer the funds on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016; and WHEREAS, a local match for the project in the amount of $52,500 (20% matching funds) was previously appropriated from Keep Fort Collins Great-Other Transportation capital project funding; and WHEREAS, the bicycle parking facility will be an open-air structure with a roof, walls, a locked door to protect parked bicycles from theft, vandalism and the elements and there will be secure access to the facility limited to members who sign-up for the program; and WHEREAS, providing secure bicycle facilities is one of three approaches identified in an outreach effort that took place in the fall of 2014 to help assist with bike parking needs along the MAX Bus Rapid Transit route; and WHEREAS, an additional $525, which represents one percent of the appropriation for the local match of the project and is coming from existing appropriations for 2016, must be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program, with $410 reserved for the APP artwork project and $115 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year. Packet Pg. 152 -2- 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 for expenditure from unanticipated grant revenue in the Transit Services Fund the sum of TWO HUNDRED TEN THOUSAND DOLLARS ($210,000) for a bicycle parking facility at the Downtown Transit Center. Section 3. That the unexpended appropriated amount of FOUR HUNDRED TEN DOLLARS ($410) in the Transit Services Fund – Bicycle Parking Facility at the Downtown Transit Center Grant Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art Project. Section 4. That the unexpended appropriated amount of ONE HUNDRED FIFTEEN DOLLARS ($115) in the Transit Services Fund – Bicycle Parking Facility at the Downtown Transit Center Grant Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 153 -3- Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 154 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF David Pearson, Police Lieutenant SUBJECT First Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated revenue in the General Fund and authorize the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This appropriation is not a request to identify new dollars for the Police Services’ 2016 budget. This action is taken every year when federal awards are granted and the NCDTF budget is set. This action will appropriate $95,827 and $49,525 in new federal grant money and will authorize the transfer of $279,915 from the forfeiture reserve account for unfunded operating expenses in 2016. The NCDTF currently includes Fort Collins Police Services, the Loveland Police Department, and Colorado Adult Parole. CITY FINANCIAL IMPACTS The City has received two grant awards for the operation of the NCDTF. These grants will be used for task force operating expenses.  Office of National Drug Control Policy (2016-HIDTA) in the amount of $95,827.  Edward Byrne Memorial Justice Assistance Grant (2015-2016 JAG) in the amount of $49,525. In addition, $279,915 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins General Fund to establish the 2016 annual operating budget for expenses that are not grant funded. There is no financial impact to the City of Fort Collins as there are no matching funds required. 7 Packet Pg. 155 -1- ORDINANCE NO. 056, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND AUTHORIZING THE APPROPRIATION OF RESTRICTED NORTHERN COLORADO DRUG TASK FORCE GENERAL FUND RESERVES FOR FORT COLLINS POLICE SERVICES 2016 TASK FORCE PROGRAMS AND SERVICES WHEREAS, the Office of National Drug Control Policy and Department of Justice has awarded Fort Collins Police Services (“FCPS”) two grant awards of federal money in the amounts of $95,827 and $49,525 for a total of $145,352; and WHEREAS, no matching funds are required for the grant funds and the City and FCPS will administer the grant for the Task Force; and WHEREAS, there is $279,915 in prior forfeiture reserve funds in the restricted Northern Colorado Drug Task Force (the “Task Force”) Reserve in the General Fund; and WHEREAS, the grants and prior reserve funds will be used by the Task Force to help fund the investigation of illegal narcotics activities as well as the 2016 annual operating budget of the Task Force; and WHEREAS, the Task Force consists of representatives from FCPS, Loveland Police Department, and Colorado Adult Parole; 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 available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City staff has determined that the appropriation of the grant funds 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 the fiscal year; and WHEREAS, it is the desire of the City Council to appropriate unanticipated grant revenue in the General Fund and prior reserves in the Northern Colorado Drug Task Force General Fund Reserve for expenditure therein for the FCPS Task Force. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 156 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of ONE HUNDRED FORTY FIVE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($145,352) for expenditure, upon receipt, in the General Fund for Police Services for the Northern Colorado Drug Task Force. Section 3. That there is hereby appropriated from prior year reserves in the Northern Colorado Drug Task Force Reserve the sum of TWO HUNDRED SEVENTY NINE THOUSAND NINE HUNDRED FIFTEEN DOLLARS ($279,915) for transfer to the General Fund and appropriated therein, for Police Services for the Northern Colorado Drug Task Force. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 157 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Matt Fater, Utilities Special Projects Manager Jon Haukaas, Water Engr Field Operations Mgr Phil Ladd, Utilities Customer Accounts Supervisor Lance Smith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $44,615 in grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund city project management costs associated with conceptual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate street and structure flooding. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2014, the DHSEM announced the Federal Emergency Management Agency (FEMA) was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event. The City submitted a grant proposal for the Mulberry/Myrtle/Riverside Storm Sewer project to the Hazard Mitigation Grant Program (HMGP) managed by the DHSEM (as the Grantor). Funds would be delivered to successful applicants via reimbursement for costs incurred for approved mitigation approaches. The City’s submittal for the conceptual design of the project totaled $50,989. The City was awarded $44,615 (87.5% of total) as matching funds from FEMA and DHSEM. Upon completion of the conceptual design phase, FEMA will evaluate the project for consideration of future grant funding related to final design and construction costs. Ultimately, the project will construct stormwater improvements in the area of Mulberry Street, Riverside Avenue, and Myrtle to alleviate structure and street flooding. If the Ordinance is adopted, this Project account balance will be established in a capital project account that will receive funds directed from the existing Utilities Stormwater Drainage Fund. The HMGP grant award matching funds will be provided via reimbursement requests to the DHSEM made quarterly. CITY FINANCIAL IMPACTS The Ordinance will enable Utilities to move forward with the Project. The matching funds of $6,374 are expected to be covered by current appropriations available in the Utilities Storm Drainage Fund. This Ordinance is also consistent with the objectives stated by City Council in Ordinance No. 168, 1998, for uniform and citywide operation, maintenance, and improvements to the stormwater system. 8 Packet Pg. 158 -1- ORDINANCE NO. 057, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE STORM DRAINAGE FUND FOR CONCEPTUAL DESIGN OF THE MULBERRY/MYRTLE/RIVERSIDE STORM SEWER PROJECT WHEREAS, in 2014, the State of Colorado Department of Homeland Security - Office of Emergency Management (“DHSEM”) announced that the Federal Emergency Management Agency (“FEMA”) was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event; and WHEREAS, the City’s submittal for the conceptual design of the Mulberry/ Myrtle/Riverside Storm Sewer project totaled $50,989 and the City was awarded $44,615 (87.5% of total) as matching funds from FEMA and DHSEM for project management costs associated with conceptual design of the project; and WHEREAS, the purpose of this item is to appropriate $44,615 in grant revenues from DHSEM; and WHEREAS, the City matching funds of $6,374 will be covered by current appropriations available in the Storm Drainage Fund; and WHEREAS, the proposed project will construct stormwater improvements in the area of Mulberry Street, Riverside Avenue and Myrtle Street to alleviate structure and street flooding; and WHEREAS, upon completion of the conceptual design phase, FEMA will evaluate the project for consideration of future grant funding related to final design and construction costs; 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, do not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Storm Drainage Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 159 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenues in the Storm Drainage Fund the sum of FORTY FOUR THOUSAND SIX HUNDRED FIFTEEN DOLLARS ($44,615) for the Mulberry/Myrtle/Riverside Storm Sewer Project. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 160 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms. EXECUTIVE SUMMARY The purpose of this item is to clarify interest rate language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recommended moving forward with this proposed change. Staff also plans to return to Council in the third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Home Efficiency Loan Program (HELP) (also known as the On-Bill Financing (OBF) program) provides residential and certain commercial utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the Utilities’ efficiency and conservation efforts and the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Efficiency Plan. HELP was established by Ordinance No. 033, 2012, which revised language in Chapter 26 of the Municipal Code to enable Utilities to provide financing and on-bill servicing of loans for energy efficiency, water efficiency and renewable energy projects. The HELP was launched in January 2013, and was reviewed by Council in August 2013, October 2014 and January 2015. Loan activity ramped up significantly in the second half of 2015 and continues into early 2016. Based on the participation to date, Council increased the maximum outstanding loan balance limit with Ordinance No. 035, 2016 on April 5, 2016. Ordinance language to revise the interest rates was originally included in the April 5, 2016, ordinance. Prior to the meeting, the City Attorney’s Office determined that the Code revisions needed to go through the formal public notification process. The April 5 ordinance was amended to separate the Code changes from the increase in loan balance limit. This ordinance brings back interest rate Code revisions and the formal public notification process will be complete prior to second reading, scheduled for May 17, 2016. The initial purpose of HELP was to develop a financing mechanism for qualified residential customers in support of energy efficiency improvements. Such a financial product was not available from local private financial institutions. The goal continues to be supporting more energy projects and more comprehensive projects within the Fort Collins Utility Services Area. 9 Packet Pg. 161 Agenda Item 9 Item # 9 Page 2 This interest rate clarification by Code is the next step in an ongoing process to develop a sustainable financing approach for energy efficiency. Utilities has demonstrated success with the program participation to date and this change is aligned with pending efforts which are aimed at being able to scale the program substantially over an extended period of time. Revising On-bill Financing Interest Rates Under the current model, where loan capital is provided by Utilities reserve funds, the City has broad discretion for setting loan characteristics. The interest rate range is defined in the City Code (currently set from 2.5% to 10%) and the interest rate for new loans is set by Council in via ordinances. The lower end at 2.5% was included, at Council direction, to support getting the program started with a favorable interest rate. The higher range was included to allow for flexibility moving forward and to accommodate changes in the financial marketplace. For the Council meetings in January and February of 2015, the interest rate recommended by staff and Chief Financial Officer was 4%. During these meetings, Council provided direction to set the interest rate at 2.5% and also to extend the maximum loan term from 15 to 20 years. On February 22, 2016, staff presented to the Council Finance Committee the recommendations for the OBF capital funding and program interest rates. The Committee took the staff recommendations under advisement and also clarified the intent to manage available funds as a revolving loan fund over time, where repaid funds become immediately available for use by the on-bill financing program. Based on that discussion and Chief Financial Officer’s recommendation, staff is proposing that the interest rate for loans funded by the recent increase in capital allocated under Ordinance No. 035, 2016, be serviced with a 4% fixed interest rate. The proposed change in interest rate will better align loan rates with the expected transition towards market rates as described in the following section. There are two primary reasons for the proposed interest rate change:  With the anticipation of capital pressures on the Electric Utility reserves coming from aging infrastructure, the Climate Action Plan and potentially broadband efforts, there is not sufficient capacity within the Light & Power Fund to finance the level of energy improvements needed in the community. Hence it is necessary to look toward lending institutions to provide the capital for this ongoing program which will require raising the interest rate to a market based rate. In order to encourage participation by lending institutions for what is likely a new product for them, it is prudent to demonstrate that there will be a market for their product at a higher interest rate. This proposal is still below the actual market interest rates but it is a significant step in that direction.  Increasing the interest rate in a modest but significant step towards expected market rates will prevent a single large step in interest rates at a later date. A more gradual approach will keep contractors and customers engaged in the program. Planning for Third Party Capital Sources The recently approved increase in the outstanding balance limit under Ordinance No. 035, 2016, will, in effect, create a timeline for developing a project to recommend next steps for capital sources and loan options for customers after 2016. Based on the new limit, an interdepartmental staff team will develop recommendations by late summer 2016 for implementation by the end of the year or sooner. Staff has chartered a project team to research, identify and recommend options for consideration by Council to meet future capital requirements for HELP and programs similar to On-Bill Finance type programs. The team is comprised of staff from Utilities Resource Conservation, Utilities Strategic Finance, City Finance, the City Attorney’s Office and Sustainability Services. Team members also represent a number of Climate Action Plan strategic teams (Energy Efficiency, Financing and Climate Economy). The results of this team’s efforts will be presented to Council Finance and/or Council for consideration, including but not limited to: 9 Packet Pg. 162 Agenda Item 9 Item # 9 Page 3  Cost of capital to City, Utilities and/or loan recipients  Scalability  Impact on City or Utilities balance sheet  Legal review for servicing of loans on utility bills under a new structure  Characteristics of loan terms (e.g. qualifications, interest rates, loan term)  Relationship to existing and proposed efficiency and renewable energy programs and services. The project team recommendations presented later in 2016 will include a recommended roadmap for all loan characteristics. Relationship of Financing to Climate Action Plan The developing implementation plan to meet the 2020 CAP objectives includes expanded efficiency results, accounting for nearly 50% of the 2020 reduction target. It is expected that financing of energy efficiency will be a key tactic to reaching higher participation levels. It will be important to balance the requirements of financing partners with the expectations of customers. The target for the CAP 2020 objectives would require an approximately 4x increase in results from residential programs, requiring reaching more customers and completing more comprehensive improvements saving both electricity and natural gas. Continuing to offer attractive financing is considered to be an important element for success moving forward. Over 60 loans have been completed to date, used primarily for home efficiency upgrades and with a few solar and water projects. The energy loans, taken as a group, are estimated to be saving 10% of the carbon emissions of these homes. This equates to 1.2 tons avoided per household and 72 annual tons per year. Including the lifetime savings of these improvements brings the customer cost to approximately $400 per ton carbon avoided. The improvements are also providing utility bill savings, comfort improvements and health and safety benefits. Because the loans are paid back to Utilities with interest by customers, the cost to Utilities from the HELP program is low to negligible. Program Development and Characteristics The OBF program was developed collaboratively by Utilities, City Finance, and the City Attorney’s Office with assistance from the consulting firm Harcourt, Brown and Carey. The program was modeled after successful programs and is most succinctly described as a traditional loan program which is serviced by Utilities on customer’s monthly bills. Customers qualify based on their bill payment history and credit score, eligible projects are defined by Utilities incentive programs, and the loans are secured via a UCC lien filing recorded with Larimer County. The City Code changes adopted by Council in 2012 and 2015 authorize Utilities to provide financing services to meet the program deliverables. A key element of the program is that the loan payments are treated like any other element of a customer’s bill (e.g., electricity, water, wastewater and stormwater). With such treatment, loan payments are not differentiated from other services. Utilities normal and customary practices for non- payment apply, up to and including service disconnection. Utilities also has established rights under Section 26-718 of the City Code for collection of any past due amounts at a property time of sale, known as a “perpetual lien”. The program uses pre-existing standard capabilities of the Utilities billing system. Customer qualification and loan closing services are provided in partnership with a third party financial partner, EnergySmart Partners LLC. EnergySmart Partners is a subsidiary of the non-profit Funding Partners, a local Fort Collins Community Development Financial Institution. The interest rate range is defined in Utilities’ annual residential rate ordinances. The City Finance Department developed a set of rules and regulations for administrative implementation of the OBF program. The OBF capital comes from Light & Power and Water reserve funds, determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to 9 Packet Pg. 163 Agenda Item 9 Item # 9 Page 4 accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Loan Activity and Information  As of April 19, 2016, total outstanding balance was $587k, with $249k preapproved (see chart below).  Based on end of 2015 data, the annual repayment amount would be approximately $50k annually and the dollar weighted average term is 12.4 years. Median term is 10 years.  Average loan amount is $8,500.  Approximately $110k has been repaid (or paid off) plus a modest amount of interest income has been collected since the program started.  98% of the outstanding program loan balance has come from the Light & Power fund. 9 Packet Pg. 164 Agenda Item 9 Item # 9 Page 5 Current Loan Program Characteristics Attribute Notes Interest Rates Allowable range from 2.5-10% per proposed rate ordinance 2015 rate at 2.5% per direction from Council Customer qualification Minimum six months bill payment history Credit score minimum of 640 Fees Fees are cost based for services current fees of $25 for application, $150 for closing, $11 for recording Recording UCC filing recorded with Larimer County Loan term 5, 7, 10, 15, or 20 years Selected by applicant Customer eligibility Residential single family and townhome properties, small business customers (by owner), Rental properties (by owner) CITY FINANCIAL IMPACTS Clarifying the interest rate in City Code does not impact the Utilities budget, as the funds are not appropriated or expended. If all remaining funds are loaned out, the resulting increase in the interest rate would increase utility revenues by approximately $9,000 annually. BOARD / COMMISSION RECOMMENDATION At its February 22, 2016, meeting, the Council Finance Committee discussed this topic and recommended it be brought forward for full Council consideration. PUBLIC OUTREACH Utilities modified the information on all web resources for the program, indicating that an interest rate change is under consideration. Staff also informed participating contractors and the program administrator about the pending change to seek feedback. A number of contractors and the administrator responded with the general consensus that lower interest rates are better, but that the proposed increase to 4% was not generally a concern. The ordinance language herein was originally included in the April 5 ordinance. Prior to the meeting, the City Attorney’s Office determined that the Code revisions needed to go through the formal public notification process. The April 5 ordinance was amended to separate the code changes from the increase in loan balance limit. This ordinance brings back the Code revisions and the formal public notification process will be complete prior to Second Reading, scheduled for May 17. That process includes postcards to out-of-City customers and published notice in the Coloradoan newspaper. ATTACHMENTS 1. Council Finance Committee minutes, February 22, 2016 (PDF) 9 Packet Pg. 165 3 RossCunniffquestion#2:willadditionaltrainingbeneededtohandlethechlorineliquidcomparedto thegas?KellyBernishanswered:lesstrainingwillbeneededthanwhatiscurrentlygiven.Fullhazmat suitsandmaskswon’tbeneededastheycurrentlyareforhandlingthegas.  RossCunniffcomment:itisimportanttonotethatapprovingthismidͲbudgetcyclewillsaveusmoney inthelongrunsinceEPICwillbedownanyway.  CouncilFinanceCommitteewasunanimouslysupportiveofbringingforwardtheappropriationto converttheCity’sthreepoolstoliquidchlorine.  ONͲBILLFINANCING:UPDATE&FUTUREDIRECTION  LisaRosintoskiandKimDeVoepresentedtheOnͲBillFinancingtopicwithregardstoCapitalPlanning fortheprojectalsoknownastheHomeEfficiencyLoanProgram.  GENERALDIRECTIONSOUGHTANDSPECIFICQUESTIONSTOBEANSWERED x DoesCouncilhavefeedbackregardingtheproposedtwoͲstepprocesstoprovidecapital fundingfortheHomeEfficiencyLoanProgram? x ClarifyintentforuseofUtilitiesreservesasanongoingrevolvingloanfund. x IsCouncilreadytoconsideraresolutionforincreasingtheoutstandingloanbalancefrom Utilitiesreservefundsatanupcomingmeeting? TheHomeEfficiencyLoanProgramisestimatedtohavereducedcarbonemissionsbyanaverageof 10%perresidenceinvolved.TheNumberofloanparticipantsincreasedfrom6in2013to17in2015 andto37in2016.Staffproposed1)anincreaseof$800ktoamaximumof$1.6Mintotalloanbalance authorizationand2)transitiontothirdpartycapitaloncethe$1.6Mmaximumhasbeenreached. MikeBecksteadcomment:Therearesomepotentiallegalquestionsthatwillneedtobeanswered priortotransitioningovertoathirdpartyloancarrier,suchastheuseoftheUtilitybillingsystemto collectthirdpartyloans,UCCfilings,abilitytodisconnectserviceintheeventofnonͲpayment, however,discussionswithlocalbanksindicatesstrongpotentialfortheuseofthirdpartyfinancing. RossCunniffquestion#1:whyareweconsideringincreasingtheinterestrate?MikeBeckstead answered:Marketinterestratesarecurrently5%Ͳ6%range,whereaswearecurrentlyat2.5%.We needtotesttheprogramatsomethingclosertomarketratestoensureprogramviability.RossCunniff question#2:arewecontinuingtomarkettocontractors?Arewetellingthemthattheinterestrate willbeincreasing?Hewouldliketoseefeedbackfromthecontractorsandpotentialusersoftheloan beforetherateisincreased. RossCunniffquestion#3:howaretheestimatesonthecarbonemissionsreductionimpactingour Climateactionplan?LisaRosintoskiresponded:thisissomethingthatherdepartmentwillworkon gettingforafuturemeeting. RossCunniffquestion#4:whatarethetypesofprojectsthatarebeingdonewiththeloans?Kim DeVoeanswered:insulation,somesolarprojectsandHVACupgrades. Council Finance Committee February 22, 2016 ATTACHMENT 1 9.1 Packet Pg. 166 Attachment: Council Finance Committee minutes, February 22, 2016 (4352 : On-Bill Financing Interest Rates) 4 GerryHorakquestion:arewecoordinatingwithLarimercountyenergysavings?KimDeVoeanswered: theydogeneralassessments.TheCitydoesamoreindepthassessmentasfarasenergyaudits. KimDeVoecommented:theirdepartmentiscreatingapackagedstreamlinedprocessforhomeowners todomorethroughtheefficiencyprogram.Theyaretryingtohelpthosethatdon’thavedisposal incometodoenergyupgradesbyusingtheHELPloanprogram. TheFinanceCommitteerecommendedthemaximumloanvaluebeincreased.MikeBecksteadsaid: aresolutionwillbebroughtforwardinafuturemeeting. ANNUALREͲAPPROPRIATIONORDINANCE  JoleneBuxmanpresentedtheAnnualReͲappropriationOrdinance.Whatqualifies:fundsthatwere originallyappropriatedin2015,butwerenotfullyexpensedorencumberedbytheendofthefiscal year.  MoniesreͲappropriatedforeachCityfundbythisOrdinanceareasfollows:  GeneralFund $1,102,694 GolfFund 40,329 KeepFortCollinsGreatFund   1,027,535 Light&PowerFund    276,088 RecreationFund    91,260 TransportationFund    84,209 UtilityCS&AFund     187,000   $2,809,115 MikeBecksteadcommented:thesenumbersareconsistentwithwhathashappenedovertheprior5 years.ThetypicalamounttobereͲappropriatedhasbeenbetween$2.2and$2.9million.  GENERALDIRECTIONSOUGHTANDSPECIFICQUESTIONSTOBEANSWERED  DoesCouncilFinanceCommitteesupportputtingreͲappropriationontheConsentAgendaofthe March15th,2016CityCouncilmeeting?  TheFinanceCommitteeconcurredwiththerequest.  CODECHANGE:WAIVEROFCLAIMS  TianaSmithpresentedonaCodeChangewithregardstoWaiverofClaims.SpecificallytoamendCity codetoallowtheChiefFinancialOfficertheauthoritytowaiveliabilityoftaxclaimsupto$100,000.00. Twoonlinevendorswanttosigndisclosureagreementstostartpayingsalestax,buttheywanttohave pasttaxes“waived.”Staffdoesnothavetheabilitytodetermineanypriortaxliabilityandlittleifany taxliabilitywouldbeduewithoutsomeformofphysicalpresencewithinFortCollinsonthepartof 9.1 Packet Pg. 167 Attachment: Council Finance Committee minutes, February 22, 2016 (4352 : On-Bill Financing Interest Rates) -1- ORDINANCE NO. 058, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY ON-BILL UTILITY FINANCING TERMS WHEREAS, the Home Efficiency Loan Program (also known as On-Bill Utility Financing) (HELP) was established by Ordinance No. 033, 2012, which amended Chapter 26 of the City Code to enable Fort Collins Utilities to offer financing and on-bill servicing of customer loans for energy efficiency, water efficiency and renewable energy upgrade projects; and WHEREAS, HELP provides low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements, in support of Utilities’ efficiency and conservation efforts, and policy goals from Plan Fort Collins, the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, HELP has been a valuable addition to the City’s efficiency and renewable energy programs, which foster sustainability through reduced energy and water use, local contractor education and investment in the built environment, and improved home comfort, health and safety; and WHEREAS, on February 17, 2015, City Council adopted Ordinance No. 012, 2015, which expanded eligibility for HELP to business utility customers, set the term for new loans at 20 years, and set a range of loan interest rates to be applied pursuant to procedures and standards adopted by the Financial Officer under Section 26-720 of the City Code; and WHEREAS, on February 22, 2016, the Council Finance Committee expressed support for staff’s additional recommendation that HELP be managed as an ongoing revolving loan fund, where repaid loan capital is returned to and available for re-issuance through HELP; and WHEREAS, on April 19, 2016, City Council adopted Ordinance No. 035, 2016, which increased the allocated outstanding balance limit for HELP to $1,600,000, to meet increasing demand on the program from recent community initiatives; and WHEREAS, staff has identified clarifying language needed in Chapter 26 of the City Code to better express restrictions set by Ordinance No. 012, 2015 on the interest rate range for HELP loans, and to set the interest rate on program loans issued on or after June 1, 2016; and WHEREAS, the City Council has determined it is desirable to clarify in the City Code the approved interest rate range for new HELP loans and provide flexibility in the administration of those loans, in furtherance of the benefits available to ratepayers through the program; and WHEREAS, Article XII of the City Charter authorizes City Council to expend net operating revenues of the City’s utilities for renewal, replacement, extraordinary repair, extension, improvement, enlargement, and betterment of such utilities, or other specific utility purposes determined by Council to be beneficial to the ratepayers of said utilities; and Packet Pg. 168 -2- WHEREAS, Section 26-720 of the City Code authorizes the Financial Officer to formulate and promulgate rules and regulations for the administration of Chapter 26 with respect to credit and lending standards and rates and administrative practices for utility loan programs, which shall include renewable energy development and utility loan programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, for the reasons stated above, the City Council hereby finds and determines that the Home Efficiency Loan Program (also known as On-Bill Utility Financing) as described herein will be for the betterment of the affected Utilities, and will be beneficial to the ratepayers of those Utilities and serve specific public purposes related to energy and water conservation and efficiency. Section 3. That Sec. 26-129(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. Schedule D, miscellaneous fees and charges. . . . (f) The interest rate for water service-related loans shall be no less than two and five tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, to be reflected in the administrative rules and regulations adopted by of the Financial Officer pursuant to § 26-720. Section 4. That Sec. 26-289(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. Miscellaneous fees and charges. . . . . . . (6) Interest for wastewater service-related loans: 2.5% - 10% per annum; to be set for new loans annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, based on the to be reflected City’s cost of capital minus 100 to 200 basis points in the administrative rules and Packet Pg. 169 -3- regulations adopted by of the Financial Officer pursuant to § 26-720. . . . Section 5. That Section 26-464(q) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (q) Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, based on the to be reflected in the administrative rules and regulations adopted by of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 6. That Section 26-465(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually based on the City’s cost of capital minus 100 to 200 basis points, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, based on the to be reflected in the administrative rules and regulations adopted by of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan related fees for electric service-related Packet Pg. 170 -4- loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 7. That Section 26-466(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. General service, schedule GS. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually based on the City’s cost of capital minus 100 to 200 basis points, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, based on the to be reflected in the administrative rules and regulations adopted by of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 8. That Section 26-467(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, based on the to be reflected in the administrative rules and regulations adopted by of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Packet Pg. 171 -5- Section 9. That Section 26-712(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-712. Miscellaneous fees and charges. . . . (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount … Interest rate for utility service-related loans: 2.5% - 10% per annum; to be set annually for new loans, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, based on the City's cost of capital minus 100 to 200 basis points in the to be reflected in the administrative rules and regulations adopted by of the Financial Officer pursuant to § 26-720 . . . Other miscellaneous charges will be based on direct cost plus fifteen (15) percent indirect costs. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 172 -6- Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 173 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Craig Kisling, Landscape Architect SUBJECT Items Relating to the Southeast Community Park. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. The purpose of this item is to declare certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and to authorize the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The City property was conveyed by Poudre School District to the City in 2002 for future park purposes. The park will be the seventh community park in Fort Collins and will feature creative play areas, trails, gardens, and natural features. Construction of the park will begin in the spring of 2016 and is anticipated to be open by summer 2017. More information about the design for the park can be found on the Southeast Community Park website: <http://www.fcgov.com/parkplanning/southeast.php>. As part of the development process for the park, the City needs to establish an easement and rights of way on the City property:  Road Right of Way-Portions of the City property along Ziegler Road, Kechter Road, and Lady Moon Drive will need to be designated as road right-of-way in accordance with the Larimer County Urban Area Street Standards and the City Master Street Plan. 10 Packet Pg. 174 Agenda Item 10 Item # 10 Page 2  Fire Hydrant Waterline Easement-The City property lies within the Fort Collins-Loveland Water District and will need water service from the District for a fire hydrant and restroom. The City needs to convey a waterline easement to the District to install a waterline connection from Kechter Road to the fire hydrant location within the park. The City will then install a connection from the fire hydrant leading to the restroom. In addition to the fire hydrant waterline easement needed for the park, the District needs to install a 24-inch waterline running north and south along Ziegler Road to provide water service to customers in the surrounding region. As such, the District has requested an easement from the City and has agreed to coordinate the waterline installation with the park construction to avoid disturbance of the newly planned park improvements. CITY FINANCIAL IMPACTS In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. In this case, the in-kind benefits to the City from the transaction exceed the fair market value of the easements, which is estimated to be $15,050. The conveyance of the waterline easements to the District will provide required service to the park and provide water service for other future development in the area, which may include additional City facilities. The District will also waive the cost of a second water tap and sewer fee for a second restroom at the Park if the City does not charge for the easements, which will save the City approximately $92,000. The construction coordination between the two entities will also result in overall cost savings to the City due to having the same contractor perform the work for both the park and the waterline, as well as, having the waterline installed now preventing future disturbance to the park infrastructure and closure of the main entrance. Given the overall benefits to the City, staff proposes the easements to the District be conveyed at no additional cost. PUBLIC OUTREACH Several community meetings and open houses have been hosted by City staff for the planned park. More information on these meetings can be found on the Southeast Community Park website: <http://www.fcgov.com/parkplanning/southeast.php> ATTACHMENTS 1. Location map (PDF) 2. Right-of-way and Easement detail (PDF) 3. Concept Picture (PDF) 4. Sustainability Assessment Summary and Tool (PDF) 10 Packet Pg. 175 FOSSIL RIDGE HIGH SCHOOL FOSSIL RIDGE HS CAMPUS FOSSIL RIDGE HS CAMPUS SOUTHEAST COMMUNITY PARK KECHTER RD SABER CAT D R I V E ZIEGLER RD LADY MOON DR ROCK CREEK DR LONG CREEK DR STAR DUST LN SOUTHEAST COMMUNITY PARK LOCATION MAP ± Attachment 1 10.1 Packet Pg. 176 Attachment: Location map (4357 : SECP ROW and Easements) Southeast Community Park – Right of Way and Easement Location Detail - Road Right of Way - Fire Hydrant Waterline - 24” District Waterline ATTACHMENT 2 Southeast Community Park Conceptual Picture ATTACHMENT 3 10.3 Packet Pg. 178 Attachment: Concept Picture (4357 : SECP ROW and Easements) SUSTAINABILITY ASSESSMENT SUMMARY DATE: April 19, 2016 SUBJECT: Sustainability Assessment (SA) Summary for Authorizing the Conveyance of Two Waterline Easements to the Fort Collins – Loveland Water District The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right of way and for emergency access purposes. The Fort Collins – Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. Generally, staff believes that the conveyance of the easements to the District will support the development of the park, future development in the area, and the City’s overall goal to construct a neighborhood park to serve the community. The one area with a negative rating was in the environmental considerations due to disturbances during construction; however, it was agreed that this disturbance would be temporary and would be restored/enhanced upon completion of the projects. Economic , 0.0 Social , 3.0 Environmental -1.5 Rating Average, 0.7 0 3 2 1.7 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Average, 0.7 1.7 Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 4 10.4 Packet Pg. 179 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less City staff recommends that Council adopt the proposed ordinance to grant easements on City Property to the Fort Collins – Loveland Water District. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right of way and for emergency access purposes. The Fort Collins – Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. 10.4 Packet Pg. 180 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 2 Staff lead(s): Please note staff name, position/division and phone number Lindsay Kuntz Real Estate Specialist III 970-221-6275 Craig Kisling Park Planning Landscape Architect 970-221-6367 10.4 Packet Pg. 181 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 3 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. x Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description Conveyance of two waterline easements to the Fort Collins – Loveland Water District on the future Southeast Community Park property. One waterline will directly service the park while the other will serve future development in the area. Municipal Code - Sec. 23-111 (a) – Authorization to sell real property. 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion x The proposed easements provide water service to the City property to be developed as a park to provide recreational resources to area citizens, as well as, provides for water service for future development in the area. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? N/A 10.4 Packet Pg. 182 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 4 • How does this proposal support the participation, growth and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? x The proposed easements provide the City the ability to continue to deliver recreational resources and water service to the community. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? N/A 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? x The proposed easements provide the City the ability to continue to deliver recreational resources to the nearby neighborhood, including Fossil Ridge High School, and water service to future neighborhood developments. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? x Several community meetings and open houses have been hosted by City staff for the planned park. More information on these meetings can be found on the Southeast Community Park website: http://www.fcgov.com/parkplanning/southeast.php Social Equity Summary Key issues: 10.4 Packet Pg. 183 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 5 The proposed easements provide water service to the City property to be developed as a park to provide recreational resources to area citizens, as well as, provides for water service for future development in the area. Potential mitigation strategies: N/A Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus +3 Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected +3 Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. 10.4 Packet Pg. 184 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 6 Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Conveyance of two waterline easements to the Fort Collins – Loveland Water District on the future Southeast Community Park property. One waterline will directly service the park while the other will serve future development in the area. Municipal Code - Sec. 23-111 (a) – Authorization to sell real property. 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Analysis/Discussion x The future park will install additional and enhance existing natural features, as well as, provide an environment that can be used for educational opportunities for environmental topics. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? x The City and the Districts coordination on their projects will result in less emissions by completing all work during one project instead of two. 10.4 Packet Pg. 185 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 7 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? x The conveyance of the hydrant waterline facilitates the development of resources within the planned park. 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? x N/A 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? x N/A 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? x N/A Environmental Health Summary 10.4 Packet Pg. 186 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 8 Key issues: The conveyance of the waterline easement for the fire hydrant will support the development of the park which, in turn, supports environmental health. The conveyance of the 24” waterline for future service needs is not believed to have a significant impact on the environmental health except that the coordination of the projects will prevent additional emissions from staging two separate projects and disturbing the natural features of the park during a future construction. The environment will be impacted during the timeframe of construction of the waterlines. Potential mitigation strategies: Disturbed areas will be restored and enhanced after completion of the projects. Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus +2 Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected +2 Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Conveyance of two waterline easements to the Fort Collins – Loveland Water District on the future Southeast Community Park property. One waterline will directly service the park while the other will serve future development in the area. Municipal Code - Sec. 23-111 (a) – Authorization to sell real property. 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with Analysis/Discussion N/A 10.4 Packet Pg. 187 9 another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? N/A 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? N/A 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? N/A 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Key issues: The conveyance of the easements to the District does not appear to affect economic prosperity negatively or positively. 10.4 Packet Pg. 188 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) 10 Potential mitigation strategies: Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus 0 Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected 0 10.4 Packet Pg. 189 Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) -1- ORDINANCE NO. 059, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT THE SOUTHEAST COMMUNITY PARK SITE AS ROAD RIGHT-OF-WAY WHEREAS, the City owns A 54-acre parcel of property located at the northeast corner of Kechter Road and Ziegler Road (the “Property”), which the City plans to develop as the new Southeast Community Park (the “Park”); and WHEREAS, in order to meet the requirements of the Larimer County Urban Area Street Standards and the City Master Street Plan when developing the Park, portions of the Property will have to be used as additional public right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive; and WHEREAS, the portions of the Property to be designated as right-of-way are more specifically described on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, in order to establish a public record that this portion of the Property is intended for use by the City as right-of-way for a public roadway and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, staff recommends that the City Council declare such property to be right-of-way; and WHEREAS, converting property owned by the City in fee simple to right-of-way constitutes a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby declares that the real property described on Exhibit “A” shall constitute right-of-way for City streets and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interests of the City. Packet Pg. 190 -2- Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes effective in accordance with Article II Section 7 of the City Charter. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 191 EXHIBIT A 1 Packet Pg. 192 Attachment: Exhibit A (4372 : SECP - ROW ORD) 1 Packet Pg. 193 Attachment: Exhibit A (4372 : SECP - ROW ORD) 1 Packet Pg. 194 Attachment: Exhibit A (4372 : SECP - ROW ORD) -1- ORDINANCE NO. 060, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS ON CITY PROPERTY TO THE FORT COLLINS-LOVELAND WATER DISTRICT WHEREAS, the City is the owner of 54 acres of land located at the northeast corner of Kechter Road and Ziegler Road in Fort Collins (the “Property”); and WHEREAS, the Property was acquired from Poudre School District in 2002 as the site for a Southeast Community Park (the “Park”), which the City expects to start constructing in 2016; and WHEREAS, the Property is located in the Fort Collins-Loveland Water District (the “District”), and the City has petitioned for inclusion in the District so that the City can get water service for the Park from the District; and WHERAS, in order to get water service on the Property, the City will have to grant the District an easement for a waterline to serve the Park; and WHEREAS, the proposed waterline easement for the Park is described on Exhibit “A”, attached and incorporated herein by reference (the “Park Waterline Easement”); and WHEREAS, the District has requested an additional easement across the Property for installation of a 24-inch waterline to serve other property owners within the District; and WHEREAS, the proposed easement for the 24-inch waterline is described on Exhibit “B”, attached and incorporated herein by reference (the “District Waterline Easement”); and WHEREAS, the approximate fair market value of the Easements is $15,050; and WHEREAS, staff is recommending that the City not charge the District for the Easements because the benefits to the City exceed the fair market value, including the following:  The Park Waterline Easement is for the benefit of the City as it will provide water service to the Park;  In exchange for the City not charging the District for the District Waterline Easement, the District will not charge the City an extra tap fee and sewer fee for a second restroom, saving the City approximately $92,000 in costs for development of the Park;  The District has agreed to coordinate installation of the 24-inch waterline with the development of the Park preventing future disturbance to Park infrastructure; and  The 24-inch waterline will serve future residential and commercial development, and possibly future City facilities, in the southeast part of the City; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the Packet Pg. 195 -2- City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easements to the District as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the District on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 196 1 Attachment: Exhibit A (4373 : SECP - Easements ORD) 1 Attachment: Exhibit A (4373 : SECP - Easements ORD) (;+,%,7% 2 Attachment: Exhibit B (4373 : SECP - Easements ORD) % 2 Attachment: Exhibit B (4373 : SECP - Easements ORD) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-039 Updating the Responsibilities of Council Liaisons to City Boards and Commissions and Superseding Resolution 2000-076. EXECUTIVE SUMMARY The purpose of this item is to review and define expectations of Councilmembers in their role of Council Liaisons to their assigned City boards and commissions. STAFF RECOMMENDATION Staff recommends adoption of this Resolution. BACKGROUND / DISCUSSION On March 15, 2016, the Boards and Commissions Manual was adopted in its entirety, Resolution 2000-076 was referenced regarding the role of Council liaisons. This item supersedes Resolution 2000-076 and adds that the Council Liaison will conduct a periodic review with their respective board or commission at a regular meeting according to the “Periodic Review Schedule” outlined on page 15 of the Boards and Commissions Manual. Documents used in the periodic review will be provided to all Councilmembers in advance of the liaison review meeting with the scheduled Board or Commission. The Council liaison will provide an oral summary during the “Councilmember Report” portion of a future regular City Council meeting. 11 Packet Pg. 201 -1- RESOLUTION 2016-039 OF THE COUNCIL OF THE CITY OF FORT COLLINS UPDATING THE RESPONSIBILITIES OF COUNCIL LIAISONS TO CITY BOARDS AND COMMISSIONS AND SUPERSEDING RESOLUTION 2000-076 WHEREAS, on March 15, 2016, the City Council adopted Resolution 2016-026 adopting the Boards and Commissions Manual (the “Manual”); and WHEREAS, in 2000, the Council adopted Resolution 2000-076 defining the role of Council Liaisons to City Boards and Commissions; and WHEREAS, the City Council has recently reviewed the role of such Council liaisons and has determined that in addition to the responsibilities identified in Resolution 2000-076, Council liaisons should assume the additional responsibility of conducting periodic reviews with their respective board or commission at a regular meeting according to the schedule outlined in the Manual; and WHEREAS, the Council desires to adopt a new updated Resolution to outline the responsibilities. 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 Resolution 2000-076 and all prior Resolutions describing the role of Council Liaisons are hereby superseded. Section 3. That the role of Council Liaison to boards and commissions shall include the following responsibilities: 1. To communicate with the board or commission when Council communication is needed and to serve as the primary two-way communications channel between Council and the board or commission. 2. To take the lead in filling vacancies, reviewing applications, and interviewing candidates for the board or commission. 3. To serve as the primary informal Council contact for the board or commission. 4. To help resolve questions the board or commission may have about the role of Council, municipal government, and the board or commission. 12 Packet Pg. 202 -2- 5. To establish formal or informal contact with the chairperson of the board or commission and effectively communicate the role of the liaison. 6. To provide procedural direction and relay Council’s position to the board or commission, and to communicate to the board or commission that the liaison’s role is not to direct the board in its activities or work. 7. To serve as Council contact rather than an advocate for or ex-officio member of the board or commission. 8. To review the annual work plan of the board or commission and make recommendations to the City Council regarding the work plan. 9. To identify and help resolve any problems that may exist with respect to the functioning of the board or commission. 10. To facilitate the training of new board and commission members by providing suggestions and relevant information to the City staff members responsible for providing such training. 11. To conduct a periodic review with their respective board or commission at a regular meeting according to the schedule outlined in Boards and Commissions Manual and to provide an oral summation at a future regular City Council meeting. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of May, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk 12 Packet Pg. 203 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Timothy Kemp, Civil Engineer III Caleb Feaver, Civil Engineer I SUBJECT Second Reading of Ordinance No. 054, 2016, Appropriating Prior Year Reserves in the Street Oversizing Fund to be Transferred Into the Capital Projects Fund and Appropriated Therein for the Construction of the Sharp Point/Nancy Gray Connection Project. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on April 19, 2016, by a vote of 6-0 (Campana recused) appropriates $984,000 of prior year reserves in the Street Oversizing Fund and $116,000 from the Street Oversizing Fund Contributions & Aid into the Capital Project Fund for the Sharp Point/Nancy Gray Connection Project. The currently adopted Master Street Plan identifies Sharp Point Drive connecting Midpoint Drive with Nancy Gray Avenue. This identified connection includes an at-grade crossing of the Great Western Railroad tracks. Right- of-way has previously been dedicated for the roadway connection. Due to recent development to the south as well as support from the Larimer County Sheriff’s Office (LCSO), staff has identified this connection as an immediate need. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 054, 2016 (PDF) 13 Packet Pg. 204 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Timothy Kemp, Civil Engineer Caleb Feaver, Civil Engineer I SUBJECT First Reading of Ordinance No. 054, 2016, Appropriating Prior Year Reserves in the Street Oversizing Fund to be Transferred Into the Capital Projects Fund and Appropriated Therein for the Construction of the Sharp Point/Nancy Gray Connection Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $984,000 of prior year reserves in the Street Oversizing Fund and $116,000 from the Street Oversizing Fund Contributions & Aid into the Capital Project Fund for the Sharp Point/Nancy Gray Connection Project. The currently adopted Master Street Plan identifies Sharp Point Drive connecting Midpoint Drive with Nancy Gray Avenue. This identified connection includes an at-grade crossing of the Great Western Railroad tracks. Right-of-way has previously been dedicated for the roadway connection. Due to recent development to the south as well as support from the Larimer County Sheriff’s Office (LCSO), staff has identified this connection as an immediate need. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The connection between Midpoint Drive and Nancy Gray Avenue is identified as an extension of Sharp Point Drive in the currently adopted Master Street Plan. Recent private development to the south has highlighted the need for this connection, including a new at-grade crossing of the Great Western Railroad tracks. The LCSO has expressed a desire to see this connection be built as soon as possible. According to a letter from Sheriff Justin Smith to City staff, the LCSO currently experiences response delays due to trains blocking either Timberline or Prospect. The letter states that an “outlet to the south with access to the west, could oftentimes provide a very important emergency avenue of ingress and egress not only for the sheriff’s office, but also for the police department, fire department and the ambulance service.” As part of the project, City staff will work with the Public Utilities Commission (PUC) and Great Western Railroad in order to gain support and approval for the new at-grade railroad crossing. Installation of the new crossing is requires approval of the PUC. The reason staff is bringing the appropriation forward at this time is due to the long lead time required to get through the PUC process, execute an agreement with Great Western, and schedule the construction work. The plan is to hire a design consultant this summer, advance the design drawings, and submit to the PUC this fall. Staff is looking at likely a fall 2017 construction. Goals for the Sharp Point/Nancy Gray Connection Project include:  Construction of a new at-grade crossing of the Great Western Railroad tracks ATTACHMENT 1 13.1 Packet Pg. 205 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4385 : SR 054 Sharp Point-Nancy Gray Connection Project) Agenda Item 11 Item # 11 Page 2  Construction of a minor collector roadway (Sharp Point Drive), linking businesses and emergency services to the north with newly-developed subdivisions to the south  Providing multi-modal facilities, including sidewalks and on-street bicycle lanes which will allow users to access the Poudre River Trail more easily CITY FINANCIAL IMPACTS The following is a summary of the project funding sources associated with the Sharp Point/Nancy Gray Connection Project: FUNDING SUMMARY Funding Source Funding Amount % of Total Project Cost Street Oversizing Fund $984,000 79% Street Oversizing Fund Contributions & Aid (Developer Contributions) $116,000 9% Unfunded (Anticipated Future BFO Offer for 2017/2018 Budget Cycle) $150,000 12% Total Anticipated Funding $1,250,000 100% The unfunded portion of $150,000 consists of the potential developer contributions for local street obligations along parcels owned by City Natural Areas and City Utilities. In lieu of receiving funds from other City departments, City staff intends to submit a BFO offer for the 2017/2018 budget cycle for the unfunded portion. Staff plans to request a transfer through the future BFO offer of an amount equal to one percent (1%) of the $150,000 future appropriation ($1,500) to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program. APP funds will not be appropriated through this Council action item. PUBLIC OUTREACH Staff will develop a detailed Communication and Public Outreach Plan. Implementation of the plan will begin prior to construction and go through the end of construction. Key elements of the Plan include the Project Purpose, Infrastructure Changes, and Construction Timeline. Staff will also develop a project website. The website will be kept current with design and construction information. ATTACHMENTS 1. Location map (PDF) 2. Sustainability Assessment Summary and Tool (PDF) 13.1 Packet Pg. 206 Attachment: First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (4385 : SR 054 Sharp Point-Nancy Gray Connection Project) -1- ORDINANCE NO. 054, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STREET OVERSIZING FUND TO BE TRANSFERRED INTO THE CAPITAL PROJECTS FUND AND APPROPRIATED THEREIN FOR THE CONSTRUCTION OF THE SHARP POINT/NANCY GRAY CONNECTION PROJECT WHEREAS, the Street Oversizing Program collects fees from new developments and allocates these amounts for construction of the oversized portion of collector and arterial streets in newly developing areas; and WHEREAS, all projects impacting traffic pay a transportation impact fee called the Street Oversizing Fee when they receive a City of Fort Collins building permit; and WHEREAS, Street Oversizing Fees are one-time impact fees used for capital expansion of the transportation network; and WHEREAS, depending upon the circumstances, the City may choose to build the required oversized collector and arterial streets or choose to have developers build such streets with the City reimbursing for certain construction costs; and WHEREAS, the currently adopted Master Street Plan identifies Sharp Point Drive connecting Midpoint Drive with Nancy Gray Avenue (the “Sharp Point/Nancy Gray Connection Project”), and due to recent development to the south as well as support from the Larimer County Sheriff’s Office, staff has identified this connection as an immediate need; and WHEREAS, in addition to the funding provided under this ordinance, staff intends to submit a budget offer in the 2017-2018 City budget cycle for the remaining unfunded portion of the Sharp Point/Nancy Gray Connection Project ($150,000) and for the transfer of an amount equal to one percent (1%) of the total $1.25M appropriation for the Project ($12,500) for contribution to the Art in Public Places Program in accordance with the City Code; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount of portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged as is the case with this transfer. 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 unexpended and unencumbered appropriated amount of NINE HUNDRED EIGHTY FOUR THOUSAND DOLLARS ($984,000) is hereby authorized for 13.2 Packet Pg. 207 Attachment: Ordinance No. 054, 2016 (4385 : SR 054 Sharp Point-Nancy Gray Connection Project) -2- transfer from the Street Oversizing Fund to the Capital Projects Fund and appropriated therein for the Sharp Point/Nancy Gray Connection Project. Section 3. That the unexpended and unencumbered appropriated amount of ONE HUNDRED SIXTEEN THOUSAND DOLLARS ($116,000) is hereby authorized for transfer from the Street Oversizing Fund Contributions and Aid to the Capital Projects Fund and appropriated therein for the Sharp Point/Nancy Gray Connection Project. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 13.2 Packet Pg. 208 Attachment: Ordinance No. 054, 2016 (4385 : SR 054 Sharp Point-Nancy Gray Connection Project) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Rita Knoll, Chief Deputy City Clerk Wanda Winkelmann, City Clerk SUBJECT Items Relating to Amending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMMARY A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland. B. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. The purpose of this item is to amend the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. A protest of the proposed options for amending the District-Precinct map was filed by Eric Sutherland on April 18, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading with a map option selected by the Council. BACKGROUND / DISCUSSION Prior Consideration Council recently considered this item at its January 19, 2016 meeting and adopted the Ordinance on First Reading with map Option 1 selected. Prior to Second Reading, citizen concerns were raised about the completeness of the public notice. Additionally, staff became aware that the data obtained from the State Demographer did not include populations residing on Colorado State University (CSU) property, and staff withdrew the item on Second Reading. Staff has now republished the notice, obtained the CSU data, and is presenting a new Ordinance with four possible map options. Precinct Boundary Changes State statute requires the County to set precinct boundaries so that no more than 2,000 eligible electors reside in a precinct. Population increases in some areas made it necessary for precincts to be divided to comply with the law. Within Fort Collins, six precincts were divided, none of which affected District boundaries. The City needs to adjust precinct boundaries to match the new County precinct boundaries, which is necessary to access voter registration information. 14 Packet Pg. 209 Agenda Item 14 Item # 14 Page 2 Council District Boundaries Because staff was undertaking a review of the district-precinct map for precinct boundary changes, staff used the opportunity to review the population deviation as well. This review was originally scheduled to take place in 2016 for revision in early 2017. It was determined that based on the current data, the current deviation between the most populous district and the least populous district exceeds 19%, nearly twice the threshold set out in the City Code. Therefore, staff is recommending that an adjustment be made now rather than in 2017. The GIS Division has an established methodology for population-based redistricting (Attachment 1). This methodology was applied and four options were developed for adjusting the district boundaries, as outlined below. In addition to balancing the population between districts, staff also considered the following: (1) Alignment of district boundaries to precinct boundaries; and (2) The residence address of each Councilmember, so that no Councilmember is disenfranchised from his or her district. The options presented from consideration are described below: Option 1 (identical to the January 19 Option 1) • Achieves the smallest deviation: 5.96% (slightly higher than the original Option 1) • Moves 7 precincts into different districts. - As a result, 2 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 2 (identical to the January 19 Option 2) • Deviation: 7.54% (considerably higher than the original Option 2) • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 3 (new) • Deviation: 6.05% • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 4 (new) • Deviation: 6.02% • Moves 4 precincts into different districts. - As a result, 1 precinct that voted for a district representative in 2015 would choose a representative in its new district in 2017; the other 3 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. In each of these options, the ability to vote for Mayor, and ballot issues, is not affected. 14 Packet Pg. 210 Agenda Item 14 Item # 14 Page 3 Also attached is a map visually depicting growth in the city, as well as a map depicting growth trends (Attachment 2). All four maps are attached to the Ordinance as Exhibit A (Options 1 through 4). Once a map option is selected on First Reading, the selected map will become the only exhibit to the Ordinance for Second Reading. PUBLIC OUTREACH As required by Section 7-87 of the City Code, two notices of this hearing were published, one no less than 14 days and one no less than 10 days prior to Council consideration on first reading. Publication of those notices occurred on April 3 and April 6, 2016. Map options were made available on the City's web page devoted to Council district boundaries. ATTACHMENTS 1. Redistricting Methodology (PDF) 2. City Growth Trends (PDF) 3. Redistricting Notice (PDF) 4. Sutherland Protest, April 18, 2016 (PDF) 5. Powerpoint presentation (PDF) 14 Packet Pg. 211 GIS 215 N Mason St PO Box 580 Fort Collins, CO 80522 970.416.2050 970.221.6329 – fax www.fcgov.com/gis Population Based Redistricting Methodology This document is intended to define the process for redistricting within the City of Fort Collins. There are two distinct processes to follow depending on when the redistricting is being conducted. The first process uses the census data and is done the year following the census. The second process is done in any of the interim years as needed. Both processes will use estimated population, not projected population.  Process 1 The GIS division will use population data collected in the Decennial Census. This information is available approximately in the first quarter following the census year (example: 2010 Census data should be available in the first three months of 2011). There are two components to this information; the database containing population and the TIGER (Topologically Integrated Geographic Encoding and Referencing system) block data. The TIGER Census Blocks are the smallest geographic area for which population data is available. To avoid the pretense of using any race, age, gender, etc… information in the redistricting process, all data other then the population will be purged from the database prior to analysis. To make this data usable for the redistricting process the TIGER boundary lines need to be spatially adjusted to match the features that they represent (example: lines in the TIGER data representing the corporate limits may need to be adjusted so that they exactly match our GIS corporate limits). Once this is completed the population data can be joined to the Block features and population counts can be determined for each precinct and district. The GIS department will then shift precincts into adjacent districts to balance each district’s population size according to the city charter. Multiple sceneries can be developed for these changes with the final result being an adopted District Precinct map. ATTACHMENT 1 14.1 Packet Pg. 212 Attachment: Redistricting Methodology (4392 : District-Precinct Map)  Process 2 Any time a population estimate is needed between census years, the population information will come from the Colorado State Demographer. This information is released annually in November and is the population estimate for the prior year (example: 2005 population estimates are released in November 2006). The state uses information unavailable to the municipalities to help determine these estimates. Information such as births, deaths, immigration, vacancy rates, and building permits are incorporated into the estimate. By using the state’s numbers, GIS will have a population estimate that is consistent with other departments within the city (The City Planning Department uses these numbers as well). By using the last census as the base population the GIS department can determine the population increase. The City of Fort Collins does not have any building permit data for CSU so GIS needs to use a different method to get population changes on campus. These estimates for CSU’s main campus will come from the Executive Director, Housing and Dining Services at CSU. By requesting multiple year population totals per residence hall and apartment complexes, GIS will be able to determine the population increase for CSU managed properties. Each residence hall and apartment complex will have a GIS point created with the population change. This spatially locates where the population changes occur. This increase/decrease will be directly applied to the appropriate precincts. By subtracting the CSU population increase from the overall population increase, GIS will have the population increase that needs to be distributed over the rest of the city. The remaining population increase can be divided by the number of housing units that have been built or annexed since the previous census creating a population distribution per housing unit. The GIS department will geocode the building permits (spatially locate the permit by address) determining the census block the permits are in. GIS will also look at annexations that have occurred since the census and determine the approximate number of housing units that were added. The process will determine the number of housing units added to each census block. With this information GIS can then distribute the population increase to the various blocks. The population counts can be determined for each precinct and district. The GIS department will then shift precincts into adjacent districts to balance each district’s population size according to the city charter. Multiple sceneries can be developed for these changes with the final result being an adopted District Precinct map. 14.1 Packet Pg. 213 Attachment: Redistricting Methodology (4392 : District-Precinct Map) ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW 10 45 49 51 52 53 27 28 54 55 56 23 25 21 22 59 19 57 20 15 60 17 61 62 16 65 50 4 29 24 58 36 33 37 37 34 35 80 44 46 79 40 40 40 40 40 12 64 67 75 43 26 41 39 ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW 10 45 49 51 52 53 27 28 54 55 56 23 25 21 22 59 19 57 20 15 60 17 61 62 16 65 50 4 29 24 58 36 33 37 37 34 35 80 44 46 79 40 40 40 40 40 12 64 67 75 43 26 41 39 ATTACHMENT 3 14.3 Packet Pg. 216 Attachment: Redistricting Notice (4392 : District-Precinct Map) ATTACHMENT 4 14.4 Packet Pg. 217 Attachment: Sutherland Protest, April 18, 2016 (4392 : District-Precinct Map) 1 District-Precinct Map Amendment Wanda Winkelmann, City Clerk 05-03-16 ATTACHMENT 5 14.5 Packet Pg. 218 Attachment: Powerpoint presentation (4392 : District-Precinct Map) Amending the District-Precinct Map The purpose of this item is to: • Establish City precincts (which match the County precinct boundaries); and • Establish Council district boundaries. 2 14.5 Packet Pg. 219 Attachment: Powerpoint presentation (4392 : District-Precinct Map) • Precinct boundaries were amended by Larimer County in May 2015 to accommodate the increase in the number of registered voters. • Council District boundaries were last amended in August 2012, following the official publication of the decennial Census. • Our City Code mandates that Council District boundaries be reviewed not less than once every five years. 3 Background 14.5 Packet Pg. 220 Attachment: Powerpoint presentation (4392 : District-Precinct Map) Council District Boundaries • Recent review of the existing Council District boundaries revealed that the current deviation exceeds 20%. • Staff brought this to Council in January and, to ensure notice requirements were met, it is being reintroduced. • CSU population data is included in the options. 4 14.5 Packet Pg. 221 Attachment: Powerpoint presentation (4392 : District-Precinct Map) Options 5 14.5 Packet Pg. 222 Attachment: Powerpoint presentation (4392 : District-Precinct Map) Recommendation • Staff recommends Council select one of the four options and adopt the Ordinance on first reading. • The selected option will become an exhibit to the Ordinance on second reading. 6 14.5 Packet Pg. 223 Attachment: Powerpoint presentation (4392 : District-Precinct Map) -1- ORDINANCE NO. 055, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP WHEREAS, Article II, Section 1 of the City Charter requires that the City be divided into six contiguous, reasonably compact City Council districts, each of which shall consist of contiguous, undivided general election precincts, and, to the extent reasonably possible, an equal number of inhabitants; and WHEREAS, pursuant to City Code Section 7-87(b), not less than 180 days after the official decennial publication of the United States Census concerning the population of Fort Collins, the City Clerk must recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent (10%) deviation between the most populous and the least populous City Council districts; and WHEREAS, City Code Section 7-87(c) requires a review of the district boundaries not less than once every five (5) years after making the decennial post-Census determination, to determine whether the maximum deviation between the most populous and the lest populous district meets the ten-percent deviation standard set forth in Section 7-87(b); and WHEREAS, staff recently completed a review of the composition of the existing districts of the City, and has determined that, as currently configured, the deviation between the most and least populous City Council districts exceeds twenty percent; and WHEREAS, pursuant to the above-referenced provisions of the City Code, the City Clerk has presented four alternative district boundary changes for the City Council's consideration from which the City Council has selected an alternative that it believes best serves the interests of the residents of the City and comports with the requirements of the City Charter and Code; and WHEREAS, Larimer County recently revised its precinct boundaries and it is advisable for the City to match those precinct boundaries for purposes of accessing and using voter registration records; and WHEREAS, the City Clerk caused the publication of notices of proposed district boundary amendments to be made in accordance with the requirements of City Code Section 7- 87; and WHEREAS, the new Council district-precinct map attached as Exhibit “A” depicts adjusted precinct boundaries and adjusted Council district boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 224 -2- 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 district-precinct map dated March 9, 2016, a copy of which is attached as Exhibit “A” [Option 1, 2, 3 or 4] and incorporated herein by this reference, is hereby adopted and shall be in effect for the following purposes: (1) determining eligibility for City Council offices for the April 4, 2017, regular municipal election; and (2) determining eligibility of any interim appointments to fill any City Council vacancies which may occur following the effective date of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 225 ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E C O UNTY ROAD 38 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C S SUMMI T VIEW DR BIN G H A M H IL L RD INTERSTATE 25 ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN E C O UNTY ROAD 38 N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C S SUMMI T VIEWDR BIN G H A M H IL L RD INTERSTATE 25 ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD E CO U NTY ROAD 38 W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C BI N G H AM HI L L RD S SUMMI T VIEW DR INTERSTATE 25 N LEMAY AVE ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD E CO U NTY ROAD 38 W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C BI N G H AM HI L L RD S SUMMI T VIEW DR INTERSTATE 25 N LEMAY AVE Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Lucinda Smith, Environmental Sustainability Director Jackie Kozak-Thiel, Chief Sustainabillity Officer SUBJECT Items Relating to Dust Prevention and Control. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12, Article X of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. Second Reading of Ordinance No. 045, 2016, Amending the Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. These Ordinances, unanimously adopted on First Reading on April 5, 2016, implement regulations and a set of consistent best practices (Dust Control Manual) for (twelve) specific activities that generate dust to follow, in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during First Reading, staff has revised Ordinance No. 044, 2016, to reflect a higher lot size exemption of 5 acres (from 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. Staff continues to recommend lot size (as opposed to disturbed area) to measure the 5-acre threshold, as lot size is a recorded number that can be verified, tracked, and enforced. In addition to the increase in the size threshold, staff has also amended the checklist in the Manual and included associated language in the Ordinance. Staff has also removed references to chemical stabilization and cover within the Manual. Finally, if adopted, staff will continue to track the implementation of the Ordinances and reevaluate the adopted threshold one year from when enforcement officially begins (November 1, 2017). STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. BACKGROUND / DISCUSSION On April 5, 2016, City Council unanimously adopted the proposed Ordinances on First Reading with several amendments: 1. Increase the size threshold for when the Manual applies to 5 acres (from 10,000 square feet) while directing staff to conduct additional analyses around this threshold; 2. Assess whether disturbed area can be incorporated into the threshold in a way that can be both tracked and enforced. 3. Either create a user-friendly checklist or amend the one in the Manual to provide a checklist to all contractors at time of building permit (regardless of size) 15 Packet Pg. 230 Agenda Item 15 Item # 15 Page 2 4. Remove references to chemical stabilization and synthetic cover in the Manual. 5. Finally, if adopted on Second Reading, staff will continue to monitor this issue and reevaluate the adopted threshold in one year from “hard enforcement” beginning (November 1, 2017). Staff’s analysis and recommendation on each of these amendments are described below. 1. Increase the size threshold for when the Manual applies to 5 acres (from 10,000 square feet) while directing staff to conduct additional analyses around this threshold; Council discussion: Council expressed concern during First Reading that additional data needed to be collected and analyzed to determine the appropriate threshold for when the Manual applies. Council directed staff to compile the following data:  Building permit data: o Graph the building permits and illustrate the various size thresholds and the percentiles of building permits included/excluded o Assess how much area is included/excluded at the various thresholds o Determine if it makes a difference to set the threshold at a smaller size, e.g., 10,000 square feet, versus a larger size, e.g., 5 acres.  Complaint data: Compile the complaints received to categorize the size of the lots that have had issues to help inform the staff recommendation on a size threshold. Action Taken:  Of the 1554 building permits issued in 2015 (Attachment 2): o 825 (53%) were less than 10,000 square feet but only covered 4% of the area under development (121 acres out of 3,115 total acres). o 1,410 (91%) of permits were less than 5 acres but only covered 22% of the area under development (691 acres).  Of the 24 complaints staff compiled (including 6 from 2016), staff identified the following: o 3 of the 24 were on developments less than 5 acres in size (2 of these three were for developments less than 1 acre); o 15 of the 24 were over 5 acres o 6 of the 24 did not have size information included, and staff could not assess the project size based on the information provided. o Of the 6 complaints tracked using the detailed tracking system in 2016, 1 of the 6 sites were less than 5 acres. o Of the 24 complaints, there were 19 distinct sites (two sites have received two complaints each, one site has received three complaints). Staff recommendation: Based on this analysis, staff recommends retaining the threshold at 5 acres for Second Reading with the one year evaluation to assess if this is the right threshold based on the tracking system we’ve developed (see number 5 below). 2. Assess whether disturbed area can be incorporated into the threshold in a way that can be both tracked and enforced. Council discussion: During First Reading, Councilmembers expressed concern about basing the threshold of whether the Manual applies on lot size, as lot size could include areas that are not disturbed. Councilmembers directed staff to assess if disturbed area could be utilized as the defined threshold instead of lot size. Action Taken: The City does not track disturbed area for building permits, and based on discussions with the Chief Building Official, there is a concern about whether staff could accurately track these data. Staff also discussed using disturbed area with the Fugitive Dust Working Group, the Planning and Zoning Board, and the 15 Packet Pg. 231 Agenda Item 15 Item # 15 Page 3 Air Quality Advisory Board during prior meetings, and all felt that lot size was a more tangible number upon which to evaluate this standard. Further, lot size is a recorded number that can be verified. Staff’s recommendation: Based on discussions with the Chief Building Official and numerous City staff, staff recommends retaining the lot size measurement for the 5 acre threshold. Staff believes measuring this threshold based on lot size is the best enforceable option without creating a new tracking system and creating undue burden on enforcement staff (addressing some Councilmembers concerns about making sure this is easy to enforce in the field). 3. Either create a user-friendly checklist or amend the one in the Manual to provide a checklist to all contractors at time of building permit (regardless of size) Council discussion: During First Reading, Councilmembers expressed appreciation for the worksheet included in the Manual and how it encouraged those involved in construction and development activities to consider how they will handle dust prevention and control upfront. Council directed staff to bring back a revised checklist that could be utilized for all building permits (regardless of the size threshold adopted by Council). Action Taken: Staff has amended the checklist included in the Manual (page 31, Attachment 3). Staff recommendation: There was some discussion during First Reading regarding inclusion of this checklist at the time of building permit as a requirement within the Ordinance, and staff would recommend information and educational materials regarding BMPs for dust control, including the checklist in the Manual, be developed and made available as a part of the implementation of the Ordinance. Staff has developed the following language to be included in the Ordinance in Second Reading: (e) Best Management Practices: Educational materials regarding best management practices for dust control shall be made available by the City to owners and operators of dust generating activities, including but not limited to, a checklist and other descriptive material as determined by the Director of Environmental Services. This language allows staff the flexibility to amend the checklist and provide additional materials to applicants (as well as those conducting dust generating activities that do not require a building permit, e.g., saw cutting, blasting, mechanical blowing, etc.) without having to return to Council. Remove references to chemical stabilization and synthetic cover in the Manual. Council discussion: During First Reading, Councilmembers expressed concerns regarding these two best management practices (BMPs) that were initially presented in the Manual and directed staff to remove these references from the Manual. Action Taken: Staff has removed all of these references in the Manual, and the updated version is included in your packet (Attachment 3). 4. If adopted on Second Reading, staff will continue to monitor this issue and reevaluate the adopted threshold in one year from “hard enforcement” beginning (November 1, 2017). Council discussion: During First Reading, Councilmembers suggested that, due to the uncertainty around what the right threshold is for this issue, revisiting this issue in one year would be important. It was also suggested that the one year evaluation should commence when “hard enforcement” (or when citations could be issued) begins, which would mean that staff would provide an evaluation to City Council on or around November 1, 2017. Staff recommendation: Staff will continue to track complaints received on this issue and will provide Council with an update one year from enforcement, which will include an evaluation of the size of projects upon which complaints were received and the overall effectiveness of the Ordinances’ implementation. A section to this effect has been added to the Ordinance. 15 Packet Pg. 232 Agenda Item 15 Item # 15 Page 4 Changes made to the Manual since First Reading In addition to the changes identified above, staff has also made grammatical edits to the Manual between First and Second Reading. Staff has also removed all references to disturbed area from the Manual, as staff recommends using lot size as the threshold for when the Manual applies. A full redline version of the changes made to the Manual since First Reading is included within this packet (Attachment 3). A clean version of the Manual is provided as Exhibit A to Ordinance No. 044, 2016. BOARD/COMMISSION RECOMMENDATION At its April 7 meeting, the Planning and Zoning Board unanimously recommended Council adopt the Dust Prevention and Control Land Use Code changes as part of its Consent Agenda. ATTACHMENTS 1. First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (PDF) 2. 2015 Building Permit Analysis (PDF) 3. Dust Control Manual, Red-lined version (PDF) 4. Powerpoint presentation (PDF) 15 Packet Pg. 233 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Lucinda Smith, Environmental Sustainability Director Jackie Kozak-Thiel, Chief Sustainabillity Officer SUBJECT Items Relating to Dust Prevention and Control. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. First Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. The purpose of this item is to implement regulations and a set of consistent best practices (Dust Control Manual) for twelve specific activities that generate dust in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during the February 9 Work Session, staff has developed an exception for small residential projects (less than 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. In addition to the regulations and set of best practices outlined in the Dust Control Manual, staff has developed and is implementing a tracking system for fugitive dust complaints. In addition, per Council direction, the City has enacted an Administrative Policy applying the Dust Control Manual to all City projects, so that the City is leading by example. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION “Fugitive dust” consists primarily of soil particles in the air caused by wind and human activities such as excavating, demolition, abrasive blasting, and other activities. Dust causes health impacts; safety, visibility, and aesthetic issues; and is a nuisance that can cause expensive damage to property and machinery. While there are existing state and county regulations that address dust, these regulations are not sufficient at controlling dust emissions in many cases because:  Some sources of dust emissions, e.g., street sweeping, saw cutting, development projects less than 5 acres in size, etc. that affect Fort Collins citizens are not covered by state or county regulations.  State and county compliance and enforcement resources are limited.  City code compliance officers cannot enforce state and county dust control requirements. ATTACHMENT 1 15.1 Packet Pg. 234 Attachment: First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (4364 : SR 044 045 Fugitive Dust) Agenda Item 20 Item # 20 Page 2 On February 9, 2016, City Council reviewed the potential approaches to preventing, minimizing, and controlling dust within Fort Collins. Council directed staff to address dust control in four main ways: 1. First, lead by example as a municipal organization in adopting the Manual (attached as Exhibit A to Ordinance No. 044, 2016) into the City’s Administrative Policy. 2. Second, to collect additional data on the implications (from a cost perspective) to applying the proposed dust prevention and control regulations on residential properties. Council noted the significant community discussion around housing affordability as a key concern. 3. Third, Council asked staff to begin tracking dust complaints immediately, so that they can better assess the extent of the problem and tailor potential solutions in the future. 4. Finally, Council directed staff to develop a hybrid approach to regulating fugitive dust by requiring all sites to prevent, minimize and control dust; but to only apply the Manual on sites over a certain size. Council directed staff to ascertain what the right threshold (size) is to apply the Manual based on a data-driven approach and through additional stakeholder outreach. As discussed with Council, once adopted, staff is proposing that enforcement of these regulations be delayed until November 1, 2016 in order to allow for training and outreach to occur prior to enforcement. 1. Lead by Example While City operations and capital projects have consistently addressed dust on individual project sites, based on feedback from City Council, the City Manager adopted the Manual into the City’s Administrative Policy on March 22, 2016. Staff met with fifteen City Departments and developed the following approach to leading by example:  City operations - will use the Manual to implement dust prevention and control immediately upon adoption into City Administrative Policy  City Contracts - o New bids and Requests for Proposals (RFPs) - The Manual will be incorporated into the specifications or supplemental terms on all new bids as of March 2016. o In-process bids and RFPs - An addendum will be initiated if timing allows, or it will be incorporated in conjunction with contract negotiations. o Existing contracts - City staff will begin working on a process to amend existing contracts, either at the time of renewal or via change order or amendment, to ensure that all existing contracts are in compliance with the Manual by November 1, 2016 (proposed date for when the private sector shall comply with the proposed regulations). 2. Collect additional data on the cost implications of implementing the regulations, especially from a housing affordability perspective As discussed during the February 9 Work Session, staff worked with consulting firm, AECOM, and members of the Fugitive Dust Working Group to determine the impact, from a cost perspective, of implementing the proposed regulations around dust prevention and control. Since the work session, the cost data have been broken out according to the required versus additional best management practices and an additional data point has been developed for the costs for single family homes, see the table below. 15.1 Packet Pg. 235 Attachment: First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (4364 : SR 044 045 Fugitive Dust) Agenda Item 20 Item # 20 Page 3 Project Dust Mitigation Cost Total Project Cost Dust Cost as % of Overall Cost Notes Required BMPs Additional BMPs Total Costs 1. Infill Single Family Home – estimate 1* $700 $0 $700 $353,620 0.2% (0.2% required) Estimated costs, minimal dust control 2. Infill Single Family Home – estimate 2* $6,090 $6,080 $7,355 $360,275 3.4% (1.7% required) Estimated costs, maximum dust control 3. Greenfield Single Family Home – estimate 1 $700 $0 $700 $587,530 0.1% (0.1% required) Estimated costs, minimal dust control 4. Greenfield Single Family Home – estimate 2 $6,090 $8,580 $14,670 $600,000 2.4% (1.0% required) Estimated costs, maximum dust control 5. Horsetooth and Timberline Intersection $32,420 $3,320 $35,740 $3,304,501 1.1% (1.0% Agenda Item 20 Item # 20 Page 4  Requiring all projects to cover loads and use the required saw cutting and grinding best management practices (BMPs): Staff recommends requiring all projects to adhere to these standards because these dust generating activities can have significant impacts on neighbors and have minimal costs to control via the dust mitigation techniques outlined in the Manual. o For example, not covering loads is one of the most frequent complaints staff receives related to fugitive dust, and both of the required BMPs result in negligible to no additional costs to the operator. o Saw cutting and grinding was one of the activities that, when BMPs were applied, dust generated was reduced between 95-99% in the controlled observations. In addition, utilizing water when cutting or grinding is a technique that extends the life of the saw and is recognized as a best practice in the industry.  Exempting residential projects under 10,000 square feet from applying the BMPs outlined in the Manual upfront: o During the Council work session, Councilmembers reiterated the communitywide concerns related to housing affordability. Staff was directed to develop a data-driven approach to finding the right threshold for which the Manual would only apply if problems occurred. o Staff reviewed building permits from 2015 and found that 80% of single family detached permits were for lots under 10,000 square feet. (For reference, one acre equals 43,560 square feet.) In addition, this threshold is comparable to when erosion control planning requirements are applied to sites (though that threshold is based on disturbed area instead of lot size). o Based on these data, staff shared these proposed thresholds with the Fugitive Dust Working Group, the Planning and Zoning Board, the Air Quality Advisory Board, and City staff. All groups felt that exempting residential projects under 10,000 square feet addressed the concerns related to housing affordability and encompassed the majority of residential housing projects that do not tend to generate significant amounts of dust. o The one exception to this threshold is when builders are constructing contiguous lots that exceed the 10,000 square foot threshold. Staff proposes that if a builder is constructing multiple lots that are contiguous to each other, and the total area of these contiguous lots exceeds 10,000 square feet, then the Manual should apply.  Delayed enforcement: As discussed at the Council Work Session, staff is still proposing that enforcement be delayed until November 1, 2016. If adopted by City Council, staff would propose the following timeline for training, outreach, and enforcement: o May-June Develop training and enforcement materials o June-August Conduct training sessions with City staff and the private sector o June-October Conduct outreach on the regulations and the Manual o November Official enforcement begins CITY FINANCIAL IMPACTS Enforcement of the proposed dust control ordinance is expected to be handled by existing City staff in multiple departments. As the activities that generate dust span all types of City inspections, e.g., rights-of-way, developments, building construction, etc., all City inspectors will be trained to assist with enforcement in the field. This includes Code Compliance, Erosion Control, R-of-Way (ROW) staff, and Building Inspectors, at a minimum. This decentralized approach for enforcement is intended to minimize the added workload for each group and leverage the fact staff are already out in the field. Enforcement will add to the workload of these staff and potentially for others involved in the enforcement process such as the City Attorney’s Office, but the need for new resources for enforcement is not anticipated at this time. There is expected to be very limited additional cost to the City organization to comply with the Dust Control Manual. Generally, City departments are already implementing the BMP’s contained in the Dust Control Manual. A few departments have indicated that there would be budgetary impacts if they had to implement an 15.1 Packet Pg. 237 Attachment: First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (4364 : SR 044 045 Fugitive Dust) Agenda Item 20 Item # 20 Page 5 additional BMP (only one of which is required if dust is being transported off-site). Funding for dust suppression equipment in these limited cases is being sought through alternative avenues such as the City’s Innovation Fund. In addition, there could be indirect costs associated with the extra staff time spent implementing some of the BMP’s. BOARD / COMMISSION RECOMMENDATION City staff has met with six City boards throughout the development of the dust control and prevention materials:  Air Quality Advisory Board (Attachment 5) – the Air Quality Advisory Board unanimously passed the following motion at its March 21, 2016 meeting: o The Air Quality Advisory Board continues to recommend adoption of the Dust Prevention and Control Manual for all projects within the community. o However, if Council chooses to adopt a hybrid approach as proposed by City staff, then the Board recommends prompt adoption of such approach and encourages staff to initiate soft enforcement as quickly as possible to ensure that contractors and the general public are made aware of these standards during the 2016 construction season.  Building Review Board – staff visited with the Building Review Board on two occasions in 2014 and in 2015 to review the proposal. A third visit with the BRB is scheduled for May 2016.  Land Conservation and Stewardship Board (Attachment 6) – the Land Conservation and Stewardship Board recommended adoption during its February 11, 2015 Board Meeting.  Natural Resources Advisory Board (Attachment 7) – the NRAB reviewed the proposed regulations twice and submitted a memo to city Council in December 2015 expressing their support.  Parks and Recreation Board (Attachment 8) – the Board unanimously supported the proposed regulations and Manual.  Planning and Zoning Board (P&Z) (Attachment 9) – staff met with P&Z during their March 4 Work Session. Planning and Zoning indicated support of the hybrid approach proposed by City staff. As refinements were still being made to the Ordinances, a formal recommendation is scheduled for the April 7 P&Z meeting. Staff will provide the formal recommendation from P&Z prior to Second Reading of the Ordinance on April 19, 2016. PUBLIC OUTREACH Staff has conducted extensive public engagement on this issue since its inception in 2014. Since the work session, staff has conducted the following:  Fugitive Dust Working Group - staff met with the Fugitive Dust Working Group (FDWG) to review the options for addressing Council’s direction to balance dust prevention and control with concerns around housing affordability. All FDWG members were instrumental in developing the proposal outlined and expressed support for the thresholds.  Departmental Outreach - City staff from numerous City departments including Operation Services, Streets, Parks, Natural Areas, Forestry, Stormwater, Engineering, Water Reclamation, Traffic Operations, Transfort, Environmental and Regulatory Affairs, Recreation, and Building Services, had an opportunity to provide feedback on the Dust Control Manual from an operational perspective. 15.1 Packet Pg. 238 Attachment: First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (4364 : SR 044 045 Fugitive Dust) Agenda Item 20 Item # 20 Page 6 ATTACHMENTS 1. Council Work Session Summary, February 9, 2016 (PDF) 2. Additional Data Regarding Cost Assumptions (PDF) 3. Public Engagement Summary (PDF) 4. Sustainability Assessment Summary and Tool (PDF) 5. Air Quality Advisory Board minutes, March 21, 2016 (draft) (PDF) 6. Land Conservation and Stewardship Board minutes, February 11, 2015 (PDF) 7. Natural Resources Advisory Board Memo, December 17, 2015 (PDF) 8. Parks and Recreation Board minutes, December 2, 2015 (PDF) 9. Planning and Zoning Board minutes, December 17, 2015 (PDF) 10. City Administrative Policy on Dust Prevention and Control (PDF) 11. Powerpoint presentation (PDF) 15.1 Packet Pg. 239 Attachment: First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (4364 : SR 044 045 Fugitive Dust) ϮϬϭϱWĞƌŵŝƚƐ;ZĞƐŝĚĞŶƚŝĂůнŽŵŵĞƌĐŝĂůнĞŵŽůŝƚŝŽŶͿ͗ >ŽƚƌĞĂ ηWĞƌŵŝƚƐ ;йͿ dŽƚĂůƌĞĂ;ĂĐͿ ;йͿ ůů ϭϱϱϰ ϯ͕ϭϭϱ ϴϮϱ ϭϮϭ ;ϱϯйͿ ;ϰйͿ ϭϭϮϰ Ϯϭϰ ;ϳϮйͿ ;ϳйͿ ϭϮϰϳ ϯϬϰ ;ϴϬйͿ ;ϭϬйͿ ϭϯϭϵ ϰϭϬ ;ϴϱйͿ ;ϭϯйͿ ϭϰϭϬ ϲϵϭ ;ϵϭйͿ ;ϮϮйͿ Ĩƚ Ϯ ĂĐƌĞƐ DŝŶ ϱϱϲ Ϭ DĂdž ϰ͕ϭϭϭ͕ϯϯϬ ϵϰ ǀĞƌĂŐĞ ϴϳ͕ϯϮϱ Ϯ WĞƌĐĞŶƚŝůĞ Ĩƚ Ϯ ĂĐƌĞƐ Ϭ͘ϭ ϰ͕ϯϴϳ Ϭ͘ϭϬ Ϭ͘Ϯ ϲ͕ϬϬϬ Ϭ͘ϭϰ Ϭ͘ϯ ϲ͕ϴϵϰ Ϭ͘ϭϲ Ϭ͘ϰ ϴ͕Ϭϰϯ Ϭ͘ϭϴ Ϭ͘ϱ ϵ͕ϰϳϭ Ϭ͘ϮϮ Ϭ͘ϲ ϭϮ͕ϬϮϰ Ϭ͘Ϯϴ Ϭ͘ϳ ϭϳ͕ϵϯϯ Ϭ͘ϰϭ Ϭ͘ϴ ϰϬ͕ϭϮϱ Ϭ͘ϵϮ Ϭ͘ϵ ϭϴϭ͕ϯϵϲ ϰ ϭ ϰ͕ϭϭϭ͕ϯϯϬ ϵϰ фϱĂĐƌĞƐ >ŽƚƌĞĂŝƐƚŝďƵƚŝŽŶ фϭϬ͕ϬϬϬĨƚ Ϯ фϬ͘ϱĂĐƌĞƐ фϭĂĐƌĞƐ фϮĂĐƌĞƐ Ϭ ϮϬϬ ϰϬϬ ϲϬϬ ϴϬϬ ϬͲϬ͘ϭ Ϭ͘ϭͲϬ͘Ϯ Ϭ͘ϮͲϬ͘ϯ Ϭ͘ϯͲϬ͘ϱ Ϭ͘ϱͲϭ ϭͲϮ ϮͲϯ ϯͲϰ ϰͲϱ ϱͲϭϱ ϭϱͲϮϱ хϮϱ ϮϬϭϱZĞƐŝĚĞŶƚŝĂůWĞƌŵŝƚƐ͗ >ŽƚƌĞĂ ηWĞƌŵŝƚƐ ;йͿ dŽƚĂůƌĞĂ;ĂĐͿ ;йͿ ůů ϭϭϰϬ ϵϮϵ ϳϲϲ ϭϭϮ ;ϲϳйͿ ;ϭϮйͿ ϭϬϭϱ ϭϴϵ ;ϴϵйͿ ;ϮϬйͿ ϭϬϰϵ ϮϭϮ ;ϵϮйͿ ;ϮϯйͿ ϭϬϲϵ ϮϰϮ ;ϵϰйͿ ;ϮϲйͿ ϭϬϴϲ Ϯϵϭ ;ϵϱйͿ ;ϯϭйͿ Ĩƚ Ϯ ĂĐƌĞƐ DŝŶ ϱϱϲ Ϭ DĂdž ϭ͕ϭϵϲ͕ϵϵϱ Ϯϳ ǀĞƌĂŐĞ ϯϱ͕ϱϭϯ ϭ WĞƌĐĞŶƚŝůĞ Ĩƚ Ϯ ĂĐƌĞƐ Ϭ͘ϭ ϰ͕ϭϬϯ Ϭ͘Ϭϵ Ϭ͘Ϯ ϱ͕ϰϰϱ Ϭ͘ϭϯ Ϭ͘ϯ ϲ͕ϭϴϭ Ϭ͘ϭϰ Ϭ͘ϰ ϳ͕Ϭϭϲ Ϭ͘ϭϲ Ϭ͘ϱ ϳ͕ϵϯϮ Ϭ͘ϭϴ Ϭ͘ϲ ϵ͕ϭϱϬ Ϭ͘Ϯϭ Ϭ͘ϳ ϭϬ͕ϱϳϯ Ϭ͘Ϯϰ Ϭ͘ϴ ϭϯ͕ϯϰϳ Ϭ͘ϯϭ Ϭ͘ϵ Ϯϰ͕Ϭϰϰ ϭ ϭ ϭ͕ϭϵϲ͕ϵϵϱ Ϯϳ >ŽƚƌĞĂŝƐƚŝďƵƚŝŽŶ фϭϬ͕ϬϬϬĨƚ Ϯ фϱĂĐƌĞƐ фϬ͘ϱĂĐƌĞƐ фϭĂĐƌĞƐ фϮĂĐƌĞƐ Ϭ ϮϬϬ ϰϬϬ ϲϬϬ ϴϬϬ ϬͲϬ͘ϭ Ϭ͘ϭͲϬ͘Ϯ Ϭ͘ϮͲϬ͘ϯ Ϭ͘ϯͲϬ͘ϱ Ϭ͘ϱͲϭ ϭͲϮ ϮͲϯ ϯͲϰ ϰͲϱ ϱͲϭϱ ϭϱͲϮϱ хϮϱ ϮϬϭϱŽŵŵĞƌĐŝĂůWĞƌŵŝƚƐ͗ >ŽƚƌĞĂ ηWĞƌŵŝƚƐ ;йͿ dŽƚĂůƌĞĂ;ĂĐͿ ;йͿ ůů ϯϮϳ ϭ͕ϵϬϳ ϯϲ ϲ ;ϭϭйͿ ;ϬйͿ ϲϵ ϭϳ ;ϮϭйͿ ;ϭйͿ ϭϰϮ ϳϭ ;ϰϯйͿ ;ϰйͿ ϭϵϬ ϭϰϮ ;ϱϴйͿ ;ϳйͿ Ϯϰϲ ϯϮϲ ;ϳϱйͿ ;ϭϳйͿ Ĩƚ Ϯ ĂĐƌĞƐ DŝŶ Ϯ͕ϰϬϰ Ϭ DĂdž ϰ͕ϭϭϭ͕ϯϯϬ ϵϰ ǀĞƌĂŐĞ Ϯϱϰ͕Ϭϵϵ ϲ WĞƌĐĞŶƚŝůĞ Ĩƚ Ϯ ĂĐƌĞƐ Ϭ͘ϭ ϵ͕ϯϳϬ Ϭ͘ϮϮ Ϭ͘Ϯ ϭϵ͕ϲϬϳ Ϭ͘ϰϱ Ϭ͘ϯ ϯϭ͕ϱϭϮ Ϭ͘ϳϮ Ϭ͘ϰ ϯϳ͕ϲϴϲ Ϭ͘ϴϳ Ϭ͘ϱ ϲϰ͕ϳϮϲ ϭ͘ϰϵ Ϭ͘ϲ ϵϴ͕ϴϱϳ Ϯ͘Ϯϳ Ϭ͘ϳ ϭϳϯ͕ϲϭϴ ϯ͘ϵϵ Ϭ͘ϴ Ϯϵϵ͕ϲϱϯ ϲ͘ϴϴ Ϭ͘ϵ ϰϲϴ͕ϴϲϬ ϭϭ ϭ ϰ͕ϭϭϭ͕ϯϯϬ ϵϰ >ŽƚƌĞĂŝƐƚŝďƵƚŝŽŶ фϭϬ͕ϬϬϬĨƚ Ϯ фϬ͘ϱĂĐƌĞƐ фϭĂĐƌĞƐ фϮĂĐƌĞƐ фϱĂĐƌĞƐ Ϭ ϮϬ ϰϬ ϲϬ ϴϬ ϬͲϬ͘ϭ Ϭ͘ϭͲϬ͘Ϯ Ϭ͘ϮͲϬ͘ϯ Ϭ͘ϯͲϬ͘ϱ Ϭ͘ϱͲϭ ϭͲϮ ϮͲϯ ϯͲϰ ϰͲϱ ϱͲϭϱ ϭϱͲϮϱ хϮϱ ϮϬϭϱĞŵŽůŝƚŝŽŶWĞƌŵŝƚƐ͗ >ŽƚƌĞĂ ηWĞƌŵŝƚƐ ;йͿ dŽƚĂůƌĞĂ;ĂĐͿ ;йͿ ůů ϴϳ Ϯϳϴ Ϯϯ ϰ ;ϮϲйͿ ;ϭйͿ ϰϬ ϵ ;ϰϲйͿ ;ϯйͿ ϱϲ ϮϬ ;ϲϰйͿ ;ϳйͿ ϲϬ Ϯϲ ;ϲϵйͿ ;ϵйͿ ϳϴ ϳϰ ;ϵϬйͿ ;ϮϳйͿ Ĩƚ Ϯ ĂĐƌĞƐ DŝŶ Ϯ͕ϳϭϭ Ϭ DĂdž ϯ͕Ϭϱϯ͕ϴϭϴ ϳϬ ǀĞƌĂŐĞ ϭϯϵ͕ϯϵϭ ϯ WĞƌĐĞŶƚŝůĞ Ĩƚ Ϯ ĂĐƌĞƐ Ϭ͘ϭ ϲ͕ϰϰϭ Ϭ͘ϭϱ Ϭ͘Ϯ ϴ͕ϵϴϭ Ϭ͘Ϯϭ Ϭ͘ϯ ϭϭ͕ϭϲϲ Ϭ͘Ϯϲ Ϭ͘ϰ ϭϱ͕ϲϬϰ Ϭ͘ϯϲ Ϭ͘ϱ Ϯϲ͕ϳϲϵ Ϭ͘ϲϭ Ϭ͘ϲ ϯϰ͕ϭϵϯ Ϭ͘ϳϴ Ϭ͘ϳ ϵϭ͕ϯϬϵ Ϯ͘ϭϬ Ϭ͘ϴ ϭϬϴ͕ϭϬϵ Ϯ͘ϰϴ Ϭ͘ϵ ϭϴϯ͕ϲϬϰ ϰ ϭ ϯ͕Ϭϱϯ͕ϴϭϴ ϳϬ >ŽƚƌĞĂŝƐƚŝďƵƚŝŽŶ фϭϬ͕ϬϬϬĨƚ Ϯ фϬ͘ϱĂĐƌĞƐ фϭĂĐƌĞƐ фϮĂĐƌĞƐ фϱĂĐƌĞƐ Ϭ ϭϬ ϮϬ ϯϬ ϰϬ ϬͲϬ͘ϭ Ϭ͘ϭͲϬ͘Ϯ Ϭ͘ϮͲϬ͘ϯ Ϭ͘ϯͲϬ͘ϱ Ϭ͘ϱͲϭ ϭͲϮ ϮͲϯ ϯͲϰ ϰͲϱ ϱͲϭϱ ϭϱͲϮϱ хϮϱ March April Adopted by Ordinance No. 44, 2016 Dust Prevention and Control Manual ATTACHMENT 3 15.3 Packet Pg. 244 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page i CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out / Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 20 3.9 Open Areas and Vacant Lots 23 3.10 Saw Cutting and Grinding 25 3.11 Abrasive Blasting 27 3.12 Mechanical Blowing 29 4.0 Dust Control Plan for Land Development Greater Than Five Acres 31 Dust Prevention and Control Checklist 34 5.0 Resources 35 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 35 5.2 City of Fort Collins Manuals and Policies 38 5.3 References for Dust Control 38 15.3 Packet Pg. 245 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 1 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual (“the Manual”). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off-property transport or off-vehicle transport of fugitive dust emissions pursuant to Chapter 12, Article X of the Fort Collins City Code (§§12-150 et. seq) for specific dust generating activities and sources. The purpose of Chapter 12, Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability As set forth in Code §12-150, tThis Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-150-(b)(3). 15.3 Packet Pg. 246 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 2 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off-property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Chemical stabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26- 498, or defined as a pollutant per Code §26- 491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Code shall mean the Fort Collins City Code, as amended from time to time. Cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, Dust Prevention and Control Manual Page 3 Dust generating activity or source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off-property or off-vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University’s Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Maximum speed limit shall mean the speed limit on public rights-of-way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 Forfor private roadways, a speed limit shall be established as appropriate to minimize off-site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric-powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk-behind units, as well as blower- vacuum units. Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On-tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On-tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by Dust Prevention and Control Manual Page 4 implemented if a dust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Synthetic or natural cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Track-out shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro-seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Dust Prevention and Control Manual Page 5 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. “Fugitive” dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Article X of Chapter 12, Article X of the Code (§§12-150-12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. 15.3 Packet Pg. 250 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 6 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks •Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The “brown cloud”, often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. 15.3 Packet Pg. 251 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 7 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual isare to reduce dust emissions from human activities and to prevent those emissions from impacting others and isare based on the following principles: Prevent – avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize – reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices – this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices – this section includes additional measures if the required best management practices are ineffective at preventing off-property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. The Dust Prevention and Control Checklist included on page __31 of this Manual provides a “quick guide” to dust control BMPs covered in the following sections of the Manual. 15.3 Packet Pg. 252 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 8 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: x Site preparation (clearing, grubbing, scraping) x Road construction x Grading and overlot grading x Excavating, trenching, backfilling and compacting x Loading and unloading dirt, soil, gravel, or other earth materials x Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles x Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off-property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. 15.3 Packet Pg. 253 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 9 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cCover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface arealot size equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres in sizeof disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. 15.3 Packet Pg. 254 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measurerequired best management practice) and a wind barrier (an engineering controladditional best management practice) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with 2012 International Building Code (IBC), as adopted by the Code Sec. 5-26 and amended by Code Chapter 5 Sec. 5- 27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. 15.3 Packet Pg. 255 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 11 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre-wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. 15.3 Packet Pg. 256 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 12 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practice for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cCover: install cover materials during periods of inactivity and anchor the cover. 15.3 Packet Pg. 257 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 13 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three-sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements of the “Fort Collins Stormwater Criteria Manual, as adopted in Code Sec.tion §26- 500 “Fort Collins Storm Criteria”; specifically, Volume 3 Chapter 7 “Construction BMPs”. The Stormwater cCriteria Manual requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. 15.3 Packet Pg. 258 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 14 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights-of-way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement markings are excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. 15.3 Packet Pg. 259 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 15 3.5 Track-out / Carry-out Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on theequipment’s wheels or undercarriage of equipment and vehicles onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track-out of mud, dirt, dust, or debris on public roads and rights-of-way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Contracts and standards: comply with track-out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies, and as specified in applicable contract documents, orand as set forth in the Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights- of-way as a result of the owner’s or operator’s operations. Avoid over-watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track-out control device. (ii) Install a gravel bed track-out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track-out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on-site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. 15.3 Packet Pg. 260 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 16 (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used tofor transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off-vehicle transport of fugitive dust emissions. To prevent off-vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures: (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall load and unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. 15.3 Packet Pg. 261 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 17 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off- vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off-vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. 15.3 Packet Pg. 262 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 18 3.7 Unpaved Roads and Haul Roads LeftAbove: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of 15.3 Packet Pg. 263 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 19 chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iiiv) Access road location: locate site access roads away from residential or other populated areas. 15.3 Packet Pg. 264 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 20 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Wind barrier: construct a fence or other type of wind barrier. 15.3 Packet Pg. 265 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 21 (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. 15.3 Packet Pg. 266 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 22 Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. 15.3 Packet Pg. 267 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 23 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off-highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off- property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cCover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. 15.3 Packet Pg. 268 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 24 (vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended application rates. Avoid over-application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt-based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant-based oils or gums, clay additives, or other synthetic polymer emulsion that are non-toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. 15.3 Packet Pg. 269 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 25 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City’s Fort Collins Stormwater Criteria Manual or contract documents and specifications. 15.3 Packet Pg. 270 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 26 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On-tool local exhaust ventilation: use a tool-mounted dust capture and collection system. (ii) On-tool wet suppression: use a tool-mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on-tool wet suppression, an additional best management practice associated with saw cutting and grinding. 15.3 Packet Pg. 271 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 27 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: 15.3 Packet Pg. 272 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 28 (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air-based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust-generating blasting media. * Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. 15.3 Packet Pg. 273 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 29 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can re-suspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery-powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off-property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off-property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. 15.3 Packet Pg. 274 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 30 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. 15.3 Packet Pg. 275 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 31 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with greater than five (5) acres in sizea total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP) issued by the City, applications for the DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: x Project name and location. x Name and contact information of property owner. x Project start and completion dates. x Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. x Total size of the development project or construction site in acres. x A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. x A list of each dust generating activity or source associated with the project. x A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. x A list of additional best management practices that will be implemented if initial controls are ineffective. x A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. 15.3 Packet Pg. 276 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 32 DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. 15.3 Packet Pg. 277 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 33 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: ________________________________________________________________________________ Title: ___________________________________ Role on project: ________________________________ Address: ________________________________________________ Phone: __________________________ Signature: ___________________________________________________ Date: ____________________ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * List of Subcontractors: Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ 15.3 Packet Pg. 278 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 34 Dust Prevention and Control Checklist Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity Ö /Best Management Practice Ø Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out /Carry- out Bulk Materials Transport Unpaved Roads and Haul Roads Parking Lot Open Area Saw Cutting or Grinding Abrasive Blasting Leaf Blowing Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On-tool local exhaust ventilation On-tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cCover Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are Dust Prevention and Control Manual Page 35 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. 15.3 Packet Pg. 280 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 36 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 – Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. 15.3 Packet Pg. 281 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 37 Fort Collins Stormwater Criteria Manual – Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-12 Paving and Grinding Operations. 15.3 Packet Pg. 282 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 38 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air-based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm 15.3 Packet Pg. 283 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 39 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf State of New Jersey – Dry Cutting and Grinding Fact Sheet http://www.state.nj.us/health/surv/documents/dry_cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155 HSE, On-Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry – A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458–467 http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html 15.3 Packet Pg. 284 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 40 Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airquality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caaqes.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-requirements-for-dust-control-on-feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide_v7_201_.pdf Demolition and Renovation CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms 15.3 Packet Pg. 285 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Dust Prevention and Control Manual Page 41 Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455 .aspx EPA – Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA – Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA – Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment – Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter - Policy. 2013 http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%20Handbook.pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust_large.pdf WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ 15.3 Packet Pg. 286 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) May 3, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex ATTACHMENT 4 15.4 Packet Pg. 287 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) Second Reading 2 • First Reading Follow-Up 1. Assess size threshold for when the Manual applies based on data 2. Can disturbed area be tracked instead of lot size? 3. Develop user-friendly checklist to provide to all permits 4. Remove references to chemical stabilization and synthetic cover 5. If adopted, reevaluate one year post “hard enforcement” • Second Reading of Municipal & Land Use Code Changes 15.4 Packet Pg. 288 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) 1. Size Threshold 3 Council Direction: Analyze building permit and complaint data Analysis: • 1554 building permits – 53% < 10,000 sq ft, 4% of overall area – 91% < 5 acres, 22% of area • 24 complaints – 3/24 were on sites < 5 acres Recommendation: Staff recommends retaining the 5 acre threshold 15.4 Packet Pg. 289 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) 1. Size Threshold 4 Required BMPs do not prevent off-property dust transport? Apply at least one additional BMP. Manual is used as the standard for projects > 5 acres Manual only required for projects ≤ 5 acres if two written warnings issued within one year All Projects Must Apply Bulk Materials Transport and Saw Cutting BMPs All Projects Must Prevent, Minimize and Control Dust 15.4 Packet Pg. 290 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) 2. Disturbed Area v. Lot Size 5 Council Direction: Can disturbed area be tracked instead of lot size? Analysis: • Lot size is a recorded number • Staff concerns that we could not accurately track disturbed area • Disturbed area more difficult to enforce • Lot size recommended during public engagement Recommendation: Staff recommends retaining lot size to measure the threshold 15.4 Packet Pg. 291 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) 3. User-friendly checklist 6 Council Direction: Provide a checklist for all building permits, regardless of size, to encourage consideration of dust control upfront Action taken: – Checklist provided in the Manual (page 31) – More general language in the Ordinance to allow for flexibility in the materials provided Recommendation: Staff recommends including the section on Best Management Practices in the City Code Ordinance 15.4 Packet Pg. 292 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) 4. Update the Manual 7 Council Direction: Remove references to chemical stabilization and synthetic cover in the Manual Action taken: – References removed – Additional edits to the Manual were made to improve clarity and limit overall page length (redline version attached) Recommendation: N/A 15.4 Packet Pg. 293 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) 5. Reevaluation of the Threshold 8 Council Direction: Due to uncertainty, reassess the adopted size threshold in one year from “hard enforcement” (November 1, 2017) Action taken: – Established tracking system will allow staff to assess complaints: • Overall number and discrete number of complaints • Project size Recommendation: Staff recommends providing Council with an update one year from “hard enforcement” regarding the Ordinances’ effectiveness 15.4 Packet Pg. 294 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) Next Steps 9 Proposed Enforcement Timeline: – May-June Develop training and enforcement materials – June-Aug Conduct training sessions – June-Oct Conduct public outreach – June/July-Oct Soft enforcement (no fines) – November 1 Official enforcement begins 15.4 Packet Pg. 295 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) Ordinances 10 A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. Second Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. 15.4 Packet Pg. 296 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) May 3, 2016 Fugitive Dust Jackie Kozak Thiel, Lucinda Smith, Lindsay Ex 15.4 Packet Pg. 297 Attachment: Powerpoint presentation (4364 : SR 044 045 Fugitive Dust) -1- ORDINANCE NO. 044, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO PARTICULATE MATTER EMISSIONS WHEREAS, on February 15, 2011, City Council approved Resolution 2011-015 adopting the City Plan, including the Environmental Health Vision that sets forth an aspirational goal of continuous improvements in air quality; and WHEREAS, City Plan also contains numerous policies supporting air quality, including Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the highest priority approach in reducing air pollution emissions; and WHEREAS, in furtherance of the Air Quality Advisory Board’s 2015 Work Program, which calls for addressing fugitive dust as a priority air quality initiative, City staff has proposed amendment of Chapter 12 of the Fort Collins City Code to protect air quality by adopting dust control and prevention standards by adopting a “Dust Prevention and Control Manual”; and WHEREAS, in addition to preventing, mitigating, and minimizing dust, the City desires to create minimal impact to the Fort Collins housing market; and WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust Working Group composed of contractors, interested stakeholders, and City staff, as well as through numerous public events and a project website; and WHEREAS, City staff a presented the proposed changes set forth in the Dust Prevention and Control Manual to the Parks and Recreation Board (December 2, 2015), Natural Resources Advisory Board (December 16, 2015), the Air Quality Advisory Board (December 21, 2015) and the Planning and Zoning Board (December 17, 2015) and all four Boards have recommended to the City Council that the standards set forth in the Dust Prevention and Control Manual be adopted; and WHEREAS, City Council has determined that the adoption of the best management practices and standards set forth in the Dust Prevention and Control Manual attached hereto as Exhibit “A” and incorporated herein by reference, is in the best interest of the City and its citizens and is necessary to protect the health, safety, and welfare of the public, including prevention of adverse impacts of fugitive dust to human health, property, natural areas and waters of the state, and other adverse environmental impacts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Packet Pg. 298 -2- Section 2. That Chapter 12 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article X which reads in its entirety as follows: ARTICLE X. PARTICULATE MATTER EMISSIONS Sec. 12-150. Purpose and Applicability. (a) The purpose of this Article is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. (b) The provisions of this Article shall: (1) Apply to any person who conducts or is an owner or operator of, a dust generating activity or source within the City limits. (2) Apply to City activities that constitute a dust generating activity or source, except as set forth in subsection (b)(3) below. (3) Not apply to operations conducted by: (i) any state or federal agency; or (ii) the City, or any county, state, or federal agency in response to a local emergency as defined in Code §2-666. Sec. 12-151. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section. Words, terms and phrases defined in the Dust Prevention and Control Manual shall have the meaning set forth therein. Dust Prevention and Control Manual or dust control manual shall mean the Dust Prevention and Control Manual that describes applicable dust control measures as adopted by City Council in Ordinance No. 044, 2016, and any subsequent revisions. Dust control measures shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to, the best management practices as identified in the Dust Prevention and Control Manual. Dust generating activity or source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off-property or off-vehicle transport, all as more fully set forth in the Dust Prevention and Control Manual. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent. Packet Pg. 299 -3- Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. Owner or operator shall mean any person who owns or has control over a dust generating activity source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material which is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols, and mists. Small scale source shall mean a dust generating activity or source occurring on real property within the City that consists of a single lot or parcel with a total disturbed area of not more than five (5) acres. Sec. 12-152. Adoption of Dust Prevention and Control Manual. (a) There is hereby adopted the Dust Prevention and Control Manual on file in the office of the City Clerk, which shall have the same force and effect as though set forth herein and shall be referred to as the dust control manual, for the purposes of protecting the health, safety, and general welfare of the public as set forth in §12-150(a) above. (b) A copy of the dust control manual adopted under this §12-152 shall be kept on file in the City Clerk’s office. (c) The City Manager may adopt such minor conditions, revisions, and corrections to the dust control manual as may, in his or her judgment, be necessary to better conform to and maintain consistency with nationally recognized practices for controlling fugitive dust emissions (referred to herein as “technical revisions”). The City Manager shall approve only those technical revisions that: (1) are consistent with all existing policies relevant to the revisions; (2) do not result in significant additional cost to the persons affected by the revisions; and (3) do not materially alter the standards with which persons must comply. Packet Pg. 300 -4- Upon adoption of any such technical revisions pursuant to the authority of this subsection, the City Manager shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and available for public inspection. Sec. 12-153. Prevention of fugitive dust emissions. (a) Bulk Materials Transport: Any person who is an owner or lessee of property within the City on which a dust generating activity or source is located and for which vehicles are used to transport bulk materials to or from the property on a public or private road or on a public right-of-way shall comply with and expressly require all contractors and subcontractors to comply with the required best management practices and, to the extent set forth therein, the additional best management practices in section 3.6 of the dust control manual. (b) Saw Cutting or Grinding: Any person, owner or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall comply with and expressly require all contractors and subcontractors to comply with the required best management practices and, to the extent set forth therein, the additional best management practices in section 3.10 of the dust control manual. (c) Other Dust Generating Activities or Sources: Any person who conducts, or is an owner or operator of, a dust generating activity or source shall comply with the provisions of the dust control manual. (d) Violation: It shall not be considered a violation of this section if off-property transport of fugitive dust emissions occurs while dust control measures are being implemented to the extent required by consistent with the dust control manual. (e) Best Management Practices: Educational materials regarding best management practices for dust control shall be made available by the City to owners and operators of dust generating activities, including but not limited to, a checklist or other descriptive material. Sec. 12-154. Access to Private Property. Officers Employees of the City authorized to enforce ing the provisions of this Article are hereby authorized to enter upon any premises, excluding a dwelling unit or any structure, in the City for the purpose of inspection of any dust generating activity or source or for any purpose authorized by this Article or the dust control manual. If such premises are occupied at the time entry is required, the City employee entering the premises pursuant to this section shall first present credentials and request entry. If such entry is refused, the City employee shall have recourse to every remedy provided by law to secure entry. When a City employee has obtained an inspection warrant or other remedy provided by Packet Pg. 301 -5- law to secure entry, any failure to permit such entry upon request pursuant to a valid inspection warranty or other court order shall be a misdemeanor punishable by the provisions of §1-15 of this Code. Secs. 12-155 – 12-158. Reserved Sec. 12-159. Violations and penalties. Any person who violates §12-153 of this Article, commits a civil infraction and is subject to the penalty provisions of subsection 1-15(f) of the Code. Sec. 12-160 Limitations on violations and penalties small scale source. No owner or operator of a small scale source is required to comply with the provisions of §12-153(c) or is subject to prosecution under that provision, unless, within one year immediately preceding the date of the alleged violation: (1) such owner or operator has been issued and served by personal service, served to the registered agent, or by certified mail, a written warning and notice stating that the subject property has yielded off-property transport of fugitive dust and that he or she must prevent, mitigate, and minimize fugitive dust; and (2) such owner or operator, after having been issued and served with the written warning in §12-160(1), is issued and has been served by personal service, served to the registered agent, or by certified mail, an additional written warning and notice that the subject property has after the service of such prior warning and notice yielded off-property transport of fugitive dust and that he or she must immediately comply with the provisions of §12-153(c). Section 3. The foregoing provisions enacted by this Ordinance shall be effective on and shall and apply to all dust generating activities or sources on and after November 1, 2016. Notwithstanding the foregoing, the requirements set forth herein and in the dust control manual shall not be applied so as to impair any contracts in existence as of the date on which this Ordinance becomes effective. Section 4. The City Manager shall provide for monitoring of the impacts of this Ordinance during the first year after full implementation of its requirements, and shall review and report in writing to the City Council the effectiveness of the requirements including any recommendations related to the thresholds for application of the various requirements to properties and projects. Packet Pg. 302 -6- Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 303 Adopted by Ordinance No. 44, 2016 Dust Prevention and Control Manual EXHIBIT A 1 Packet Pg. 304 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page i CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out / Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 19 3.9 Open Areas and Vacant Lots 21 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 26 4.0 Dust Control Plan for Land Development Greater Than Five Acres 28 Dust Prevention and Control Checklist 31 5.0 Resources 32 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 32 5.2 City of Fort Collins Manuals and Policies 35 5.3 References for Dust Control 35 1 Packet Pg. 305 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 1 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual (“the Manual”). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off-property transport or off-vehicle transport of fugitive dust emissions pursuant to Chapter 12, Article X of the Fort Collins City Code (§§12-150 et. seq) for specific dust generating activities and sources. The purpose of Chapter 12, Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-150(b)(3). 1 Packet Pg. 306 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 2 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off-property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Code shall mean the Fort Collins City Code, as amended from time to time. Cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dust generating activity or source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off-property or off-vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Local wind speed shall mean the current or Dust Prevention and Control Manual Page 3 Maximum speed limit shall mean the speed limit on public rights-of-way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 for private roadways, a speed limit shall be established as appropriate to minimize off-site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric-powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk-behind units, as well as blower- vacuum units. Off-property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off-vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On-tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On-tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi-use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. Dust Prevention and Control Manual Page 4 Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Track-out shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro-seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. 1 Packet Pg. 309 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 5 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. “Fugitive” dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Chapter 12, Article X of the Code (§§12-150- 12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. 1 Packet Pg. 310 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 6 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks •Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The “brown cloud”, often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. 1 Packet Pg. 311 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 7 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual is to reduce dust emissions from human activities and to prevent those emissions from impacting others and is based on the following principles: Prevent – avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize – reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices – this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices – this section includes additional measures if the required best management practices are ineffective at preventing off-property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. The Dust Prevention and Control Checklist included on page 31 of this Manual provides a “quick guide” to dust control BMPs covered in the following sections of the Manual. 1 Packet Pg. 312 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 8 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: x Site preparation (clearing, grubbing, scraping) x Road construction x Grading and overlot grading x Excavating, trenching, backfilling and compacting x Loading and unloading dirt, soil, gravel, or other earth materials x Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles x Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off-property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. 1 Packet Pg. 313 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 9 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a lot size equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites greater than 25 acres in size may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. 1 Packet Pg. 314 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a required best management practice) and a wind barrier (an additional best management practice) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with 2012 International Building Code (IBC), as adopted by the Code Sec. 5-26 and amended by Code Sec. 5-27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. 1 Packet Pg. 315 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 11 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre-wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. 1 Packet Pg. 316 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 12 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practice for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Cover: install cover materials during periods of inactivity and anchor the cover. (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. 1 Packet Pg. 317 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 13 (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Enclosure: construct a three-sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements of the “Fort Collins Stormwater Criteria Manual, as adopted in Code Sec. §26-500; specifically, Volume 3 Chapter 7 “Construction BMPs”. The Stormwater Criteria Manual may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures. 1 Packet Pg. 318 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 14 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights-of-way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement markings are excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. 1 Packet Pg. 319 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 15 3.5 Track-out / Carry-out Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on the wheels or undercarriage of equipment and vehicles onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track-out of mud, dirt, dust, or debris on public roads and rights-of-way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Contracts and standards: comply with track-out prevention requirements and construction best management practices as set forth in the Code, City regulations or policies, as specified in applicable contract documents, and as set forth in the Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights- of-way as a result of the owner’s or operator’s operations. Avoid over-watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track-out control device. (ii) Install a gravel bed track-out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track-out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on-site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. 1 Packet Pg. 320 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 16 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used to transport bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off-vehicle transport of fugitive dust emissions. To prevent off-vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures: (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall load and unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. 1 Packet Pg. 321 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 17 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off- vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Other technology: use other equivalent technology that effectively eliminates off-vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. 1 Packet Pg. 322 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 18 3.7 Unpaved Roads and Haul Roads Left: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (iii) Access road location: locate site access roads away from residential or other populated areas. 1 Packet Pg. 323 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 19 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Wind barrier: construct a fence or other type of wind barrier. (v) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (vi) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. 1 Packet Pg. 324 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 20 Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. 1 Packet Pg. 325 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 21 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off-highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off- property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. 1 Packet Pg. 326 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 22 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the Fort Collins Stormwater Criteria Manual or contract documents and specifications. 1 Packet Pg. 327 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 23 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On-tool local exhaust ventilation: use a tool-mounted dust capture and collection system. (ii) On-tool wet suppression: use a tool-mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on-tool wet suppression, an additional best management practice associated with saw cutting and grinding. 1 Packet Pg. 328 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 24 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. 1 Packet Pg. 329 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 25 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air-based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust-generating blasting media. * Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. 1 Packet Pg. 330 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 26 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can re-suspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery-powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off-property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off-property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. 1 Packet Pg. 331 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 27 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. 1 Packet Pg. 332 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with greater than five (5) acres in size. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP) issued by the City, applications for the DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: x Project name and location. x Name and contact information of property owner. x Project start and completion dates. x Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. x Total size of the development project or construction site in acres. x A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. x A list of each dust generating activity or source associated with the project. x A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. x A list of additional best management practices that will be implemented if initial controls are ineffective. x A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. 1 Packet Pg. 333 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 29 DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. 1 Packet Pg. 334 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 30 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: ________________________________________________________________________________ Title: ___________________________________ Role on project: ________________________________ Address: ________________________________________________ Phone: __________________________ Signature: ___________________________________________________ Date: ____________________ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * List of Subcontractors: Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ____________________________________Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ Title: ___________________________________ Role on project: ________________________________ 1 Packet Pg. 335 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 31 Dust Prevention and Control Checklist Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for use as a guide for preventing and controlling dust. Dust Generating Activity Ö /Best Management Practice Ø Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out / Carry-out Bulk Materials Transport Unpaved Roads and Haul Roads Unpaved Parking Lot * Paved Parking Lot* Open Area* Saw Cutting or Grinding Abrasive Blasting Mechanical Blowing Abrasive media Asbestos or lead materials Construction sequencing Cover Cover Load Enclosure Equipment & work area clean up Erosion control plan High winds restriction Location Mechanical blowing techniques Minimize disturbed area Minimize drop height On-tool local exhaust ventilation On-tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Dust Prevention and Control Manual Page 32 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. 1 Packet Pg. 337 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 33 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 – Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. 1 Packet Pg. 338 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 34 Fort Collins Stormwater Criteria Manual – Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-12 Paving and Grinding Operations. 1 Packet Pg. 339 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 35 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air-based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm 1 Packet Pg. 340 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 36 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf State of New Jersey – Dry Cutting and Grinding Fact Sheet http://www.state.nj.us/health/surv/documents/dry_cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155 HSE, On-Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry – A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458–467 http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html 1 Packet Pg. 341 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 37 Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airquality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caaqes.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-requirements-for-dust-control-on-feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide_v7_201_.pdf Demolition and Renovation CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms 1 Packet Pg. 342 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Dust Prevention and Control Manual Page 38 Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455 .aspx EPA – Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA – Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA – Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment – Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter - Policy. 2013 http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%20Handbook.pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust_large.pdf WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ 1 Packet Pg. 343 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) -1- ORDINANCE NO. 045, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE CODE BY THE ADDITION OF PROVISIONS PERTAINING TO DUST PREVENTION AND CONTROL WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, since the time of adoption, the Land Use Code has been regularly amended not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, on February 15, 2011, the City Council approved Resolution 2011-015 adopting the City Plan, including the Environmental Health Vision that sets forth an aspirational goal of continuous improvements in air quality; and WHEREAS, City Plan also contains numerous policies supporting air quality, including Policy ENV 8.6 which directs staff to promote prevention of air pollution at its source as the highest priority approach in reducing air pollution emissions; and WHEREAS, in furtherance of the Air Quality Advisory Board’s 2015 Work Program, which identifies regulation of fugitive dust as a priority air quality initiative, City staff has proposed amendment of Chapter 12 of the Fort Collins City Code to protect air quality by adopting dust control and prevention standards set forth in the “Dust Prevention and Control Manual”; and WHEREAS, in addition to amendment of the City Code, City staff has proposed Land Use Code changes to align with such City Code amendments adopting the Dust Prevention and Control Manual; and WHEREAS, City staff has vetted these proposed changes through a Fugitive Dust Working Group composed of contractors, interested stakeholders, and City staff, as well as through numerous public events and a project website; and WHEREAS, the Planning and Zoning Board reviewed the proposed Land Use Code changes regarding fugitive dust at its November 12, 2015, meeting and voted to recommend to the City Council that they be adopted; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 344 -2- Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 2.6.3(H) of the Land Use Code is hereby amended to read as follows: . . . 2.6.3 Stockpiling Permit and Development Construction Permit Review Procedures . . . (H) Step 8 (Standards – Stockpiling Permit): Not applicable, and in substitution therefor, an application for a Stockpiling Permit shall be reviewed for compliance with the City Code and all regulations related to such permit adopted by the city by reference or otherwise, as amended, including, without limitation, the erosion control standards as contained in the stormwater criteria manual and the dust control measures contained in the dust control manual to the extent required therein. Step 8 (Standards – Development Construction Permit): Not applicable, and in substitution therefor, an application for a Development Construction Permit shall be reviewed for compliance with the Site Specific Development Plan, the City Code and all regulations related to such permit adopted by the city by reference or otherwise as amended, including, without limitation, the erosion control standards as contained in the stormwater criterial manual and the dust control measures contained in the dust control manual to the extent required therein. . . . Section 3. That Section 2.7.3(G) and 2.7.3(H) of the Land Use Code is hereby amended to read as follows: 2.7.3 Building Permit Review Procedures . . . (G) Step 7 (Public Hearing): Not applicable, and in substitution therefor, an application for a Building Permit shall be processed, reviewed, considered and approved, approved with modifications, or denied by the Building and Zoning Director based on its compliance with the site specific development plan, the City Code and all regulations related to such permit adopted by the city by reference or otherwise, as amended. (H) Step 8 (Standards): Not applicable, and in substitution therefor, an application for a Building Permit shall be reviewed for compliance with Packet Pg. 345 -3- the site specific development plan, the City Code and all regulations related to such permit adopted by the city by reference or otherwise, as amended; and if the Building Permit is for the enlargement of a building and/or for the expansion of facilities, equipment or structures regulated under the provisions of Division 1.6, such application shall also comply with Division 1.6. . . . Section 4. That Section 3.4.2(A) of the Land Use Code is hereby amended to read as follows: 3.4.2 Air Quality (A) General Standard. The project shall conform to all applicable local, state and federal air quality regulations and standards, including, but not limited to, those regulating odor, dust, fumes or gases which are noxious, toxic or corrosive, and suspended solid or liquid particles. The project shall be designed and constructed to comply with the dust control measures contained in the dust control manual to the extent required therein. . . . Section 5. That the definition “Fugitive Dust” contained in Section 5.1.2 of the Land Use Code is hereby deleted in its entirety: Section 6. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the following definitions, to be inserted in the listing set forth therein in alphabetical order; Dust control manual shall mean the dust control and prevention standards enacted to protect air quality adopted under the Chapter 12 of the Fort Collins City Code. Stormwater criteria manual shall mean the standards for design, planning, and implementation of practices and improvements to manage stormwater adopted under Chapter 26 of the Fort Collins City Code. Section 7. That the standards set forth herein shall be effective for applications on or after November 1, 2016. Packet Pg. 346 -4- Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 347 Wind barrier *Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. 1 Packet Pg. 336 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. 1 Packet Pg. 308 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University’s Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. 1 Packet Pg. 307 Attachment: Exhibit A (4367 : SR 044 - Fugitive Dust ORD - 2nd reading changes) required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for all others, use the following as a guide for preventing and controlling dust. Dust Generating Activity Ö /Best Management Practice Ø Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out / Carry-out Bulk Materials Transport Unpaved Roads and Haul Roads Unpaved Parking Lot * Paved Parking Lot* Open Area* Saw Cutting or Grinding Abrasive Blasting Mechanical Blowing Abrasive media Asbestos or lead materials Construction sequencing Cover Cover LoadDrop height Enclosure Equipment & work area clean up Erosion cControl plan High winds restriction Location Load cover Mechanical blowing techniques Minimize disturbed area Location Minimize drop heightMinimize disturbed area On-tool local exhaust ventilation On-tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier *Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. 15.3 Packet Pg. 279 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. 15.3 Packet Pg. 249 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi-use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be 15.3 Packet Pg. 248 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) including but not limited to the best management practices identified in this Manual. 15.3 Packet Pg. 247 Attachment: Dust Control Manual, Red-lined version (4364 : SR 044 045 Fugitive Dust) ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ĞŵŽůŝƚŝŽŶWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ 15.2 Packet Pg. 243 Attachment: 2015 Building Permit Analysis (4364 : SR 044 045 Fugitive Dust) ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ŽŵŵĞƌĐŝĂůWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ 15.2 Packet Pg. 242 Attachment: 2015 Building Permit Analysis (4364 : SR 044 045 Fugitive Dust) ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ZĞƐŝĚĞŶƚŝĂůWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ 15.2 Packet Pg. 241 Attachment: 2015 Building Permit Analysis (4364 : SR 044 045 Fugitive Dust) ηWĞƌŵŝƚƐ >ŽƚƌĞĂ;ĂĐƌĞƐͿ ϭĂĐсϰϯ͕ϱϲϬĨƚϮ ůůWĞƌŵŝƚƐ;ϮϬϭϱͿ фϭϬŬĨƚϮ фϱĂĐ EŽƚĞƐ͗;ϭͿĞŵŽůŝƚŝŽŶƉĞƌŵŝƚƐĂƌĞŶŽƚĐůĂƐƐŝĨŝĞĚĂƐƌĞƐŝĚĞŶƚŝĂůŽƌĐŽŵŵĞƌĐŝĂů͕ƚŚƵƐ͕ƚŚĞLJĂƌĞŝŶĐůƵĚĞĚĂƐĂƐĞƉĂƌĂƚĞĂŶĂůLJƐŝƐ͘;ϮͿ/ŶƚŚĞ ŝŶŝƚŝĂůĂŶĂůLJƐŝƐ͕ŽŶůLJƐŝŶŐůĞĨĂŵŝůLJŚŽŵĞƐǁĞƌĞŝŶĐůƵĚĞĚ͖ŝŶƚŚŝƐĂŶĂůLJƐŝƐ͕ĂůůϮϬϭϱƉĞƌŵŝƚƐĂƌĞŝŶĐůƵĚĞĚ͘ ATTACHMENT 2 15.2 Packet Pg. 240 Attachment: 2015 Building Permit Analysis (4364 : SR 044 045 Fugitive Dust) required) Actual costs 6. 222 Laporte City Building $40,000 $10,000 $50,000 $10,000,000 0.5% (0.4% required) Actual costs 3. Tracking of dust complaints To begin to track the overall number and type of complaints associated with dust generating activities, staff has developed a tracking spreadsheet that is available on a SharePoint site, where all City staff can access, enter, and track complaints. Two complaints in 2016 have been entered thus far. The spreadsheet has been shared with the Air Quality Advisory Board and Fugitive Dust Working Group and amended based on their feedback. 4. The Hybrid Approach to Preventing, Minimizing, and Controlling Dust Based on feedback from Council, staff has developed the following hybrid approach for preventing, minimizing, and controlling fugitive dust: 1. All projects must cover loads of aggregate material (Section 3.6 of the Manual) and implement the required saw cutting and grinding best management practices (Section 3.10 of the Manual). 2. All projects must comply with the provisions outlined in the Dust Control Manual, except that residential projects under 10,000 square feet (measured by lot size) are exempt from this requirement (though they are still required to prevent and control dust, but they do not have to use the best management practices outlined in the Manual). o There are two exceptions to this rule:  First, if a builder is constructing multiple lots that are contiguous to each other, and the total area of these contiguous lots exceeds 10,000 square feet, then the Manual applies.  Second, if a builder or operator receives two written warnings within a one year period, then the builder or operator has to utilize the Dust Control Manual to address fugitive dust on their site. 3. Staff is proposing that enforcement of these regulations be delayed until November 1, 2016, in order to allow for training and outreach to occur prior to enforcement. These requirements are further described below: 15.1 Packet Pg. 236 Attachment: First Reading Agenda Item Summary, April 5, 2016 (w/o attachments) (4364 : SR 044 045 Fugitive Dust) N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD S C O UNTY R OAD 2 3 E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBE RRY ST E COUNTY R O AD 30 COUNTY ROAD 54G STATE HIGHWAY 392 E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S CE N TENNIAL DR T E RRY LA K E RD ZIEGL E R RD N SHIELDS ST S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAND TRL INT E RSTATE 25 9 44 48 50 51 52 26 27 53 54 55 22 24 18 20 21 56 58 19 14 59 61 16 60 15 64 49 4 28 23 57 35 32 36 36 33 34 80 43 45 79 39 39 39 39 39 11 63 66 74 42 25 40 38 38 38 46 47 31 29 65 10 62 13 12 68 69 67 70 8 76 77 37 6 2 1 7 7 17 41 71 72 73 5 75 3 3 3 30 78 City Redistricting of Fort - Option Collins 4 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 10, 2016 0 0.5 1 1.5 2Miles Scale 1:62,856 © Redistricting Option 4 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 25955 100.75% 0.75% 2 25572 99.26% -0.74% 3 26541 103.02% 3.02% 4 26027 101.03% 1.03% 5 25487 98.93% -1.07% 6 24990 97.00% -3.00% Total Population 154572 25762 Lowest -3.00% 3.00% Highest 3.02% 3.02% 6.02% Ideal Maximumdistricts = Total deviation divided by = number sum of Absolute of Value of both the highest and lowest population districts Precinct Precinct 31 58 moved moved from from District District 3 5 to to 4.4. Precinct Precinct 65 77 moved moved from from District District 6 1 to to 5.6. 1 Packet Pg. 229 Attachment: Exhibit A Options 1-4 (4393 : District-Precinct Map ORD) N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD S C O UNTY R OAD 2 3 E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBE RRY ST E COUNTY R O AD 30 COUNTY ROAD 54G STATE HIGHWAY 392 E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S CE N TENNIAL DR T E RRY LA K E RD ZIEGL E R RD N SHIELDS ST S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAND TRL INT E RSTATE 25 11 46 50 52 53 54 28 29 55 56 57 24 26 20 22 23 58 60 21 16 61 63 18 62 17 66 51 4 30 25 59 37 34 38 38 35 36 80 45 47 6 41 41 41 41 41 13 65 68 76 44 27 42 40 40 40 48 49 33 31 67 12 64 15 14 70 71 69 72 10 78 7 39 8 2 1 9 9 19 43 73 74 75 5 77 3 3 3 32 79 City Redistricting of Fort - Option Collins 3 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 09, 2016 0 0.5 1 1.5 2Miles Scale 1:62,856 © Redistricting Option 3 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 26050 101.12% 1.12% 2 25899 100.53% 0.53% 3 24870 96.54% -3.46% 4 26240 101.86% 1.86% 5 26428 102.59% 2.59% 6 25085 97.37% -2.63% Total Population 154572 25762 Lowest -3.46% 3.46% Highest 2.59% 2.59% 6.05% Ideal Maximumdistricts = Total deviation divided by = sum number of Absolute of Value of both the highest and lowest population districts Precinct Precinct 6 12, moved 13 and from 19 moved District from 6 to 1. District 1 to 2. Precinct Precinct 16 17 moved moved from from District District 2 2 to to 1.5. Precinct 32 and 33 moved from District 3 to 4. 1 Packet Pg. 228 Attachment: Exhibit A Options 1-4 (4393 : District-Precinct Map ORD) N LEMAY AVE N TIMBERLINE RD E HARMONY R D N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W E LIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBERRY ST E COUNTY R O AD 30 STATE HIGHWAY 392 COUNTY ROAD 54G E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S C E NTE N NIAL DR TERR Y L A K E RD ZIEGL E R RD N SHIELDS ST S C O UNTY R OAD 23 S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAN D TRL INT E RSTATE 25 8 43 47 49 50 51 25 26 52 53 54 21 23 17 19 20 55 57 18 13 58 60 15 59 14 63 48 3 27 22 56 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 46 30 28 64 9 61 12 11 67 68 66 69 7 75 76 36 5 2 1 6 6 16 40 70 71 72 4 74 78 78 78 29 77 City RedistrictingCollins of Fort - Option 2 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 21, 2016 0 0.5 1 1.5 2 Miles Scale360 1:63, © Redistricting Option 2 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 25649 99.56% -0.44% 2 25580 99.29% -0.71% 3 24870 96.54% -3.46% 4 26270 101.97% 1.97% 5 26812 104.08% 4.08% 6 25391 98.56% -1.44% Total Population 154572 25762 Lowest -3.46% 3.46% Highest 4.08% 4.08% 7.54% Ideal Maximumdistricts = Total deviation divided by = number sum of Absolute of Value of both the highest and lowest population districts Precinct Precinct 14 29 moved moved from from District District 2 3 to to 1. 2. Precinct Precinct 30 56 moved moved from from District District 3 5 to to 4. 4. Precinct Precinct 64 76 and and 67 78 moved moved from from District District 6 1 to to 5.6. 1 Packet Pg. 227 Attachment: Exhibit A Options 1-4 (4393 : District-Precinct Map ORD) N LEMAY AVE N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBERRY ST E COUNTY R O AD 30 STATE HIGHWAY 392 COUNTY ROAD 54G E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S C E NTE N NIAL DR TERR Y L A K E RD ZIEGL E R RD N SHIELDS ST S C O UNTY R OAD 23 S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAN D TRL INT E RSTATE 25 8 43 47 49 50 51 25 26 52 53 54 21 23 17 19 20 55 57 18 13 58 60 15 59 14 63 48 3 27 22 56 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 46 30 28 64 9 61 12 11 67 68 66 69 7 75 76 36 5 2 1 6 6 16 40 70 71 72 4 74 78 78 78 29 77 City Redistricting of Fort - Option Collins 1 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 09, 2016 0 0.5 1 1.5 2Miles Scale 1:63,360 © Redistricting Option 1 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 26405 102.50% 2.50% 2 26333 102.22% 2.22% 3 24870 96.54% -3.46% 4 25040 97.20% -2.80% 5 25899 100.53% 0.53% 6 26025 101.02% 1.02% Total Population 154572 25762 Lowest -3.46% 3.46% Highest 2.50% 2.50% 5.96% Ideal Maximumdistricts = Total deviation divided by = number sum of Absolute of Value of both the highest and lowest population districts Precinct Precinct 13 29 moved and 30 moved from District from District 2 to 1.3 to 2. Precinct Precinct 55 62 moved moved from from District District 5 6 to to 4.5. Precinct 76 and 78 moved from District 1 to 6. 1 Packet Pg. 226 Attachment: Exhibit A Options 1-4 (4393 : District-Precinct Map ORD) 39 39 47 48 32 30 66 11 63 13 14 70 69 68 71 9 77 6 38 7 2 1 8 8 18 42 72 73 74 5 76 3 3 3 31 78 N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E C O UNTY ROAD 38 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C S SUMMI T VIEW DR BIN G H A M H IL L RD INTERSTATE 25 N LEMAY AVE N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TUR N B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBERRY ST E COUNTY R O AD 30 STATE HIGHWAY 392 COUNTY ROAD 54G E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE SCOLLEGEAVE G R E G ORY RD S C E NTE N NIAL DR TERR Y L A K E RD ZIEGL E R RD N SHIELDS ST S C O UN TY R OAD 23 S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAN D TRL INT E RSTATE 25 City of Fort Collins City Growth (Trending) 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: March 10, 2016 00.511.52 Miles Scale 1:63,360 © Council Districts District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Jan - Oct 2015 Fewer Units More Units Development Projects Population Calculations 2010 Census Population 2014 Population (State Demographer) 143,988 154,570 10,582 4,067 2.60 Population Change New Units (Built and Annexed) Population Per Unit 14.2 Packet Pg. 215 Attachment: City Growth Trends (4392 : District-Precinct Map) 39 39 47 48 32 30 66 11 63 13 14 70 69 68 71 9 77 6 38 7 2 1 8 8 18 42 72 74 73 5 76 3 3 3 31 78 N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD E CO U NTY ROAD 38 W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C BI N G H AM HI L L RD S SUMMI T VIEW DR INTERSTATE 25 N LEMAY AVE N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD S C O UNTY R OAD 2 3 E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MUL BERRY ST E COUNTY R O AD 30 COUNTY ROAD 54G STATE HIGHWAY 392 E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G OR Y RD S CE N TENNIAL DR T E RRY LA K E RD ZIEGL E R RD N SHIELDS ST S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAND TRL INT E RSTATE 25 City of Fort Collins City Growth 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: March 10, 2016 0 0.5 1 1.5 2 Miles Scale 1:62,856 © Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Units Added More Units Fewer Units Development Projects Population Calculations 2010 Census Population 2014 Population (State Demographer) 143,988 154,570 10,582 4,067 2.60 Population Change New Units (Built and Annexed) Population Per Unit ATTACHMENT 2 14.2 Packet Pg. 214 Attachment: City Growth Trends (4392 : District-Precinct Map) Attachment: Sustainability Assessment Summary and Tool (4357 : SECP ROW and Easements) Connections on the I-25, US-36 & US-287 Corridors Legend Select Regional and Inter- regional Transit Service Bus-then-Bike Shelters Unfunded shelters Existing or funded shelters FLEX MAX Bustang BOLT L/ LX Flatiron Flyer 1.5 mile buffer around shelters ATTACHMENT 4 Bike Station Signage (to be mounted on Station) not included 8%-15% Design Fees Phase 1 DTC Bike Plaza - Opinion of Probable Cost - VE based on February 2014 SD Concept Bike Station Total: Site & LA Total: Packe ‰ Construction of turnouts, overlooks, and viewing areas ‰ Control and/ or removal of outdoor advertising ‰ Historic preservation and rehabilitation of transportation facilities „ Infrastructure related projects to provide safe routes for non-drivers ‰ Conversion of abandoned railway corridors to trails ENVIRONMENTAL MITIGATION ‰ Mitigation of water pollution due to highway runoff ‰ Reduction of vehicle-caused wildlife mortality ‰ Vegetation management practices ‰ Archaeological activities relating to impacts from a transportation project ATTACHMENT 3 6.3 Packet Pg. 122 Attachment: Grant Application (4307 : Downtown Transit Center Bicycle Parking Appropriation)