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COUNCIL - COMPLETE AGENDA - 03/15/2016 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting March 15, 2016 REVISED 03/14/16 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring March 22, 2016, as World Water Day. B. Proclamation Declaring March 14-20, 2016 as Fix a Leak Week. C. Proclamation Declaring the City of Fort Collins will strive to be an Open City. Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL 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 City of Fort Collins Page 3 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the March 1, 2016 Regular Council Meeting. The purpose of this item is to approve the minutes from the March 1, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. This Ordinance, unanimously adopted on First Reading on March 1, 2016, approves the rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. 3. Second Reading of Ordinance No. 027, 2016, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District through March 9, 2017. This Ordinance, unanimously adopted on First Reading on March 1, 2016, extends the Planned Development Overlay District (PDOD) Pilot Process for 12 months, as the current pilot will expire on March 9, 2016. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. 4. Second Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 520 Cherry Street, Units A and B, currently owned by the Fort Collins Housing Corporation. 5. Postponement of Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment to April 5, 2016. Staff requests postponement of Second Reading of this Ordinance to April 5, 2016, to allow time for corrections to be made to the legal descriptions attached as Exhibits to the Ordinance. City of Fort Collins Page 4 This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project, only if such action is deemed necessary. 6. First Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. The purpose of this item is to appropriate funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance will appropriate $150,000 of City funds from General Fund Reserves and will also appropriate another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (“CDOT”). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the “Developer”) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The City’s contribution through this appropriation will support: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 2. Disrupting the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoiding future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improving safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT IGA that will both be needed to facilitate this additional funding. 7. Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. A. First Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. City of Fort Collins Page 5 B. First Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. The purpose of this item is to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. 8. First Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. The purpose of this item is to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. 9. First Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. The purpose of this item is to amend City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. 10. First Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. The purpose of this item is to revise the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and to clarify interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. 11. Items Relating to the Maverik First Annexation. A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First Annexation. B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. City of Fort Collins Page 6 The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 12. Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. The purpose of this item is to zone the property included in the Maverik First Annexation into the General Commercial zone district. 13. First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. The purpose of this item is to authorize the conveyance of an access easement on City Property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was purchased in 1977, in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. 14. Resolution 2016-025 Approving an Amendment to the Bylaws of the Northern Colorado Regional Airport Commission. The purpose of this item is to consider a resolution approving an amendment to the Northern Colorado Regional Airport Commission Bylaws. The amendment will allow formation of subcommittees or work groups to provide research assistance or recommendations to the Commission. 15. Resolution 2016-028 Authorizing an Intergovernmental Agreement Between the City of Fort Collins and the Town of Windsor for the Exchange of Judicial Services and Appointing a Temporary Judge. The purpose of this item is to authorize an intergovernmental agreement with the Town of Windsor for judicial services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal Court case. 16. Resolution 2016-026 Adopting the 2016 Boards and Commissions Manual. The purpose of this item is to adopt the amended Board and Commission Manual in its entirety. Specific changes include a new Periodic Review Procedure and a trial period of one year to modify Work Plan due dates from November 30 to September 30. 17. Resolution 2016-027 Appointing Tom Rock to the Golf Board. The purpose of this item is to appoint Tom Rock to the Golf Board to fill a vacancy created through the resignation of Ann Cross. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. City of Fort Collins Page 7 18. Routine Deed/Easement. The purpose of this item is to have Council accept three Deeds of Dedication for road right-of-way for East Prospect Road. 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. Homelessness. (staff: Jeff Mihelich, Beth Sowder, Vanessa Fenley, Homeward 2020 Director) B. Transfort: Gateway Award and Ridership Increase. (staff: Kurt Ravenschlag) • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 19. First Reading of Ordinance No. 040, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project. (staff: Dean Klingner, Lindsay Kuntz, Dan Woodward; 5 minute staff presentation; 20 minute discussion) THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION City of Fort Collins Page 8 The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection improvements, multimodal enhancements, utility improvements, and access control improvements. These improvements will be done in conjunction with the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on its property at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of ultimate road improvements adjacent to its development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way and temporary easements from approximately eight property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. 20. Second Reading of Ordinance No. 030, 2016, Regarding Adoption of a New Article VIII of Chapter 5 of the Code of the City of Fort Collins Involving the Establishment and Resolution of Construction Defect Claims. (staff: Tom Leeson; 3 minute staff presentation; 30 minute discussion) This Ordinance, adopted on First Reading on March 1, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) amends City Code to clarify that the failure to substantially comply with the City Building Code may not be used to support or prove any construction defect claim; to require provision of additional information to residential unit owners prior to any legal action involving a construction defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute resolution in a common interest community declaration that meets certain requirements. 21. Resolution 2016-029 Authorizing the City Attorney to Join in Litigation in Support of the Environmental Protection Agency's Clean Power Plan Rule as an Amicus Curiae. (staff: Lucinda Smith, 2 minute staff presentation; 10 minute discussion) The purpose of this item is to seek City Council approval of a Resolution authorizing the City Attorney to join, on behalf of the City, the Amicus Brief being prepared on behalf of multiple local governments, expressing support for implementation of the federal Clean Power Plan. Participation will allow Fort Collins to emphasize the vital nature of the Clean Power Plan rules for public health and welfare protections and the opportunity posed by our nation’s on-going transition to clean energy. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) • ADJOURNMENT City of Fort Collins Page 9 Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the United Nations General Assembly designated March 22 of each year as the international observance of World Day for Water and World Water Day 2016 highlights how water and jobs interact to transform people’s lives; and WHEREAS, like most communities around the world, Northern Colorado relies on safe and secure water for many important uses including agriculture, municipal and industrial, energy, recreation, and environmental needs; and WHEREAS, water resources are under pressure, with water scarcity affecting around 40% of the global population; 663 million people currently lack access to improved sources of drinking water; and WHEREAS, water and sanitation are essential to people’s lives and health. The basic provision of adequate water, sanitation and hygiene services at home and in the workplace helps strengthen economies by contributing to a healthy and productive population and workforce, with benefit-to-cost ratios as high as 7 to 1 for basic water and sanitation services in developing countries; and WHEREAS, water can change people’s lives and livelihoods through its presence, quality and quantity and even transform societies and economies. In Africa, 90% of the work of gathering water is done by women, up to 6 hours per day. Reducing the distance to water from 30 to 15 minutes increased girls’ school attendance by 12% and by providing access to water, 150 million people could be lifted out of hunger; and WHEREAS, the needs in the water sector are higher than ever as water has the ability to create well-paid, decent jobs. For this to happen, better talent is needed to help shape our future and for workers to have dignity, equality, safety, and a fair income. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim March 22, 2016 as WORLD WATER DAY in the city of Fort Collins and urge all citizens to learn more about water-related issues and be inspired to take action to make a difference both locally and globally. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this.15th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the citizens of Fort Collins, Colorado, strive to practice water conservation in their homes and at work; and WHEREAS, Fort Collins Utilities offers a variety of water conservation programs, services and educational tools for adults and youth; and WHEREAS, the average home may waste up to 10,000 gallons of water every year due to running toilets, dripping faucets and other leaks; and WHEREAS, the Environmental Protection Agency’s WaterSense program’s Fix a Leak Week encourages Americans to check household fixtures for leaks and repair any that are found; and WHEREAS, Fort Collins Utilities is a WaterSense partner and contributes to the well- being of local citizens through water efficiency, customer service, environmental protection, economic development and safety awareness. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of March 14-20, 2016, as FIX A LEAK WEEK in Fort Collins to urge citizens to find and fix leaks and use water efficiently. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, the City of Fort Collins is committed to improving the community by fostering open, transparent, valuable, effective, and accessible government; and WHEREAS, the City of Fort Collins is committed to using technology and inviting citizens to be co-creators in shaping the community, providing feedback on local issues, and enhancing social and economic growth; and WHEREAS, the City of Fort Collins commits to working towards enabling data captured and used by the City to be more easily accessible by the community, technologies and applications, while also protecting privacy rights and personal safety; and WHEREAS, the City of Fort Collins seeks to promote a culture, both internally and externally, that supports the publication and use of open data; and WHEREAS, development of an Open Data Policy and an OpenCity initiative will improve transparency, allow greater access to public information, and improve coordination and efficiencies among public, non-profit, and private sectors; and WHEREAS, the City of Fort Collins supports open data and strives to be an Open City. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the City of Fort Collins will strive to be an OPEN CITY which endorses the principles of transparency, civic engagement and innovation through open and accessible data, and for this purpose, the City of Fort Collins will freely share with citizens, businesses and other jurisdictions the greatest amount of data reasonably possible while respecting privacy and security concerns. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the March 1, 2016 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the March 1, 2016 Regular Council meeting. ATTACHMENTS 1. March 1, 2016 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 373 March 1, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens Staff present: Atteberry, Daggett, Winkelmann AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item #14, Resolution to approve the Memorandum of Understanding regarding the Poudre River Instream Flows, has been amended. CITIZEN PARTICIPATION Philip Beers, President of ARC of Larimer County, expressed appreciation for the Developmental Disability Awareness Month proclamation and thanked Council for its work toward making the community disability-friendly. Tina Green expressed appreciation for the Developmental Disability Awareness Month proclamation. Owen Armstrong discussed meeting his friend Brady. Storm Downing discussed meeting Brady. Ella Blakeley expressed appreciation for the Developmental Disability Awareness Month proclamation and discussed meeting her friend Brady. Cardine Hartman discussed meeting her friend Brady. Dylan Green discussed his brother Brady. Cheryl Distaso, Fort Collins Community Action Network, thanked Council for reconsidering its camping ban and stated sleep is a human need. She suggested ticketing not be allowed between the hours of 6 PM and 8 AM. Eric Sutherland discussed violations of the Municipal Code. Mike Herder thanked Councilmembers Overbeck, Stephens and Horak for looking into solutions for homelessness. He questioned the future of broadband in Fort Collins, briefly discussed the new downtown hotel, and the need for affordable housing. Lynn Barker commended the children who spoke earlier in the meeting and discussed the need for affordable housing in the community. 1.1 Packet Pg. 13 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 374 Jeff Johnson, Affordable Housing Board Chair, discussed Agenda Item No. 8, First Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation, noting the Board supported the item. Mary Jancser discussed the camping ordinance and the importance of sleep. Deborah James expressed appreciation for the Developmental Disability Awareness Month proclamation and stated many homeless individuals work and save money in the hopes of acquiring affordable housing. Thomas Edwards, Fort Collins Bicycle Coalition, discussed cycling numbers in the community, suggesting the number of cyclists is decreasing. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Cunniff requested information regarding the comments about broadband service. City Manager Atteberry replied he has heard Google has not expressed interest in providing broadband service in Colorado but there is ample time for dialogue around the broadband topic. Councilmember Cunniff requested a report regarding trespassing tickets issued to individuals who may be homeless. Councilmember Martinez requested information regarding the appointment of Municipal Judges. City Attorney Daggett replied Council authorized the City Manager to enter into intergovernmental agreements in 1993, and in 1994, the City Manager entered into an intergovernmental agreement with Greeley and Loveland related to the sharing of judge services in connection with conflict of interest situations wherein the sitting judge would not be available. The IGA has been used very infrequently, and because of the age of the IGA and the need to process the issue more fully, staff has been working with Loveland and Greeley to negotiate an updated agreement which will come before Council soon. Mayor Pro Tem Horak stated follow-up regarding the homeless issue will occur with Mr. Herder and requested information regarding tomorrow night's meeting. Jeff Mihelich, Deputy City Manager, replied there is an open public meeting March 2 at 7 p.m. at 215 North Mason to discuss the proposed camping ordinance and to solicit ideas and suggestions. CONSENT CALENDAR Eric Sutherland withdrew Item No. 9, First Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment, and 12, Resolution 2016-021 Ratifying Appointments to the Poudre River Library District Board of Trustees, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Agenda. 1.1 Packet Pg. 14 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 375 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens 1. Consideration and Approval of the Minutes of the February 9, 2016 Adjourned Council Meeting and the February 16, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 9, 2016 adjourned Council meeting and the February 16, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 022, 2016, Appropriating Prior Year Reserves in the Transportation Fund for Consulting Services Related to Interstate 25 (I-25) Traffic Solution Efforts. (Adopted) This Ordinance, unanimously adopted on First Reading on February 16, 2016, appropriates funds to contract with a lobbying and communications firm to advocate for solutions to Interstate 25 traffic congestion. City leaders have worked in partnership with regional partners to identify and pursue funding for years. Numerous efforts, initiatives, and actions have been taken or are underway to urge the Colorado legislature and Colorado Department of Transportation (CDOT) to accelerate improvements to Interstate 25 (I-25). This $30,000 appropriation for advocacy would augment and enhance regional efforts and ensure Fort Collins has representation in discussions on I-25. This item supports the adopted recommendations of the 2011 North I-25 Environmental Impact Statement (EIS), and also supports Council priority for I-25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council legislative policy agenda. The funds would be appropriated from prior year reserves in the Transportation Fund. 3. Second Reading of Ordinance No. 023, 2016, Appropriating Prior Year Reserves in the General Fund for the City of Fort Collins 2016 Contribution to the Employees' Retirement Health Savings Plans for Members of the Police Services Collective Bargaining Unit. (Adopted) This Ordinance, unanimously adopted on First Reading on February 16, 2016, funds the City’s contribution to employees’ Retirement Health Savings (RHS) plans for members of the Police Services Collective Bargaining Unit. On December 1, 2015, Council approved the Collective Bargaining Agreement with Bargaining Unit members of Police Services. As part of this contract, the City agreed to make contributions to the RHS plans of Bargaining Unit members. This Ordinance transfers the money from prior year reserves to pay this cost, which is estimated to be $225,000. 4. Second Reading of Ordinance No. 024, 2016, Adopting the 2016 Amended Classified Employees Pay Plan. (Adopted) This Ordinance, unanimously adopted on First Reading on February 16, 2016, amends the City's Classified Employee Pay Plan based on a market analysis conducted as agreed upon through the 2016-2017 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). This agreement was approved by Council by Resolution on December 1, 2015. Although ratified in 2015, the bargaining agreement specifies a salary data collection method and evaluation process that included the postponement of final data collection and analysis until January 2016 when additional benchmark data became available. This data has been collected and analyzed, resulting in the revised 2016 Classified Employee Pay Plan. 1.1 Packet Pg. 15 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 376 5. Second Reading of Ordinance No. 025, 2016, Authorizing the Sale of City-Owned Property at 1506 West Horsetooth Road, Fort Collins, Colorado, to the Housing Authority of the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on February 16, 2016, authorizes conveyance of the property at 1506 West Horsetooth Road to the Housing Authority of the City of Fort Collins (FCHA). The City purchased this property in 2003 as part of the Affordable Housing Land Bank program. Since its purchase, the City has leased this 8.3-acre property for residential/horse uses. This Ordinance follows from City Council’s approval of Resolution 2016-008, which gave staff direction to continue to work with FCHA on this purchase and to bring forward an ordinance authorizing sale of the property to FCHA. An ordinance to make changes to the affordability requirements in the Land Bank Program Code language will be considered by City Council in March. 6. First Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. (Adopted) The purpose of this item is to obtain City Council approval of rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. 7. First Reading of Ordinance No. 027, 2016, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District through March 9, 2017. (Adopted) The purpose of this item is to consider a 12-month extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will expire on March 9, 2016. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. 8. First Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation. (Adopted) The purpose of this item is to authorize the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 520 Cherry Street, Units A and B, currently owned by the Fort Collins Housing Corporation. 9. Resolution 2016-019 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer Decision Approving the Capstone Cottages Project Development Plan, PDP 140004. (Adopted) The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Administrative Hearing Officer’s decision to approve the Capstone Cottages Project Development Plan. The appeal was heard by City Council on February 16, 2016. 10. Resolution 2016-020 Approving an Exception to the Use of a Competitive Purchasing Process for a Professional Services Contract with Anderson Consulting Engineering, Inc for the Poudre River Downtown Project. (Adopted) The purpose of the item is to request an exception to the competitive purchasing process for the contracting of services with Anderson Consulting Engineering, Inc. to complete the design, permitting and construction administration of the Poudre River Downtown Project. Anderson Consulting Engineers is the lead consultant for the project and for the last three years has led the large interdisciplinary team responsible for preparation of preliminary design documents. Their work includes preparation of City development review drawings, hydraulic and stormwater modeling, construction documents, and coordination with multiple agencies including US Corp of Engineers, Colorado Parks and Wildlife and FEMA to secure the necessary permits for the project. The team 1.1 Packet Pg. 16 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 377 has made considerable progress on the overall design, and developed collaborative partnerships with numerous stakeholders. In addition, the team has been instrumental in preliminary design of the river wave features and pools that incorporate fish passage structures and stormwater enhancements. Establishing a new contract with another consulting firm at this stage of the project would result in delays, additional cost to the City, and loss of coordination efforts with agencies conducted to date. CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Horak thanked Mr. Johnson for his comments regarding Item No. 8, First Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation, and suggested a review the process for approving sole source contracts for continuation of work. STAFF REPORTS Councilmember Martinez requested a brief update on the homelessness issue. Beth Sowder, Social Sustainability Director, replied much work regarding homelessness is being done, including discussions about increasing the availability of winter overflow shelters, a new community program called Outreach Fort Collins, and adding more availability to the homeless management information system. Jeff Mihelich, Deputy City Manager, noted the importance of this issue to the entire community and discussed a visit to Nashville, which is known as a best practice city on the issue of homelessness. Voters approved $5 million of spending as part of BOB 2.0 for permanent supportive housing. Councilmember Martinez discussed a monthly report by the Salvation Army regarding its work around homelessness. Mayor Pro Tem Horak requested staff and Council not use acronyms and asked if the information regarding homelessness is easy for citizens to find. Sowder replied information is available on the City's Social Sustainability page and stated work is being completed with Homeward 2020 to get a monthly snapshot of the entire community's efforts. Councilmember Cunniff asked how many individuals will be displaced after the overflow shelters close on April 15th. Sowder replied the number of people turned away at shelters is relatively low, but acknowledged additional beds will go away after the April date. Councilmember Cunniff requested follow-up regarding the possibility of the overflow shelters not closing. COUNCILMEMBER REPORTS Councilmember Overbeck reported on the Poudre Heritage Alliance’s visit to the Wind River Reservation and visit with the Northern Arapahoe Tribe. Mayor Pro Tem Horak reported on a fundraiser for a garden at Irish Elementary School. Mayor Troxell reported on the placement of a plaque at 317 Cherry Street, the childhood home of Hattie McDaniel, by the Pioneer Association. Additionally, he noted February is Black History Month. He also reported on the Northern Colorado Housing Affordability meeting. 1.1 Packet Pg. 17 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 378 DISCUSSION ITEMS 11. First Reading of Ordinance No. 030, 2016, Regarding Adoption of a New Article VIII of Chapter 5 of the Code of the City of Fort Collins Involving the Establishment and Resolution of Construction Defect Claims. (Adopted on First Reading) The purpose of this item is to clarify that the failure to substantially comply with the City Building Code may not be used to support or prove any construction defect claim; to require provision of additional information to residential unit owners prior to any legal action involving a construction defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute resolution in a common interest community declaration that meets certain requirements. Tom Leeson, Community Development and Neighborhood Services Director, stated this Ordinance addresses construction defects on a local level. He discussed the need to strike a balance between consumer protection and predictability for everyone involved in the process. This proposed Ordinance reflects an important step in addressing the construction defects issue but does not negate the need for state action, which is ultimately needed for true reform. Eric Sutherland stated the City is interjecting in state affairs with this proposed Ordinance. Insurance burdens are the root of the problem. Councilmember Cunniff asked about possible other causes for a lack of multi-family, owner- occupied units. Leeson replied other communities have adopted similar ordinances; however, there is no conclusive evidence that they are having a positive impact on the multi-family market. Market factors could be involved; however, owner-occupied units are not being proposed in municipalities primarily because of the construction defects legislation at the state level. Councilmember Cunniff asked about a portion of the Ordinance which appears to address all construction in the City. Leeson replied the referenced section establishes the Building Code as the standard by which construction defects are examined. The section is not necessarily specific to common interest communities. Judy Schmidt, Senior Assistant City Attorney, stated this section is an effort to state the Building Code is intended to set standards for construction, not standards for what is defective construction for purposes of litigation. Councilmember Cunniff asked if it would harm the code change to add a section addressing other financial damages resulting from lack of compliance with the Building Code. Schmidt replied that could be examined; however, that may already be covered to some degree by the existing language. Councilmember Cunniff requested an examination of that possibility prior to Second Reading. He asked why the 50% majority of owners was included in the Ordinance. Schmidt replied that number was selected as a majority rule likely makes sense. Councilmember Cunniff asked about the standard for a class action claim. Leeson replied the standard for a construction defect claim is if the defect affects five or more of the units. An individual can also bring a construction defect claim forward. Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, to approve Ordinance No. 030, 2016, on First Reading. 1.1 Packet Pg. 18 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 379 Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the Ordinance by replacing the language regarding the 50% majority with 33%. Councilmember Campana argued the standard should be higher rather than lower. Mayor Troxell opposed the amendment. City Attorney Daggett read the proposed amendment language. The vote on the amendment was as follows: Yeas: Cunniff and Overbeck. Nays: Horak, Troxell, Martinez and Campana. THE MOTION FAILED. Mayor Pro Tem Horak noted communities passing these types of ordinances have put pressure on the Colorado legislature to take action. Councilmember Cunniff stated he would not support this particular Ordinance; however, he may change his mind should his concerns be addressed prior to Second Reading. RESULT: ORDINANCE NO. 030, 2016, ADOPTED ON FIRST READING [4 TO 2] MOVER: Gino Campana, District 3 SECONDER: Gerry Horak, District 6 AYES: Martinez, Campana, Troxell, Horak NAYS: Overbeck, Cunniff ABSENT: Stephens 12. Resolution 2016-022 Authorizing the City Manager to Execute an Agreement Regarding Phase I (Development) of a Multi-Phase Plan for an Instream Flow Augmentation Plan on the Cache La Poudre River. (Adopted as Amended) The purpose of the item is to seek Council approval of a proposed Agreement between various parties to implement Phase I of a three-phase project to develop an instream flow augmentation plan on the Poudre River through and near Fort Collins. John Stokes, Natural Areas Director, stated this Resolution involves a proposed intergovernmental agreement (IGA) concerning the Poudre River Instream Flow Augmentation Agreement. The ultimate purpose of this idea is to develop a program that would augment and protect stream flows on the Poudre River. Stokes discussed the history of this potential program and stated the current partners in the proposed IGA are Cache la Poudre Water Users Association, the City of Greeley, Northern Water, and the Colorado Water Trust. Additionally, Stokes described the study which would occur should this plan move forward and stated augmented flows would flow through a certain reach of river and would be protected from diversion. He noted staff and Council are standing by critical comments made in 2015 regarding the Northern Integrated Supply Project (NISP) Eric Sutherland stated Mr. Stokes' presentation did not outline any theoretical path to success. He discussed NISP and stated a neighboring community is building a 5-foot diameter pipeline and claimed the City falsely represented land ownership. 1.1 Packet Pg. 19 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 380 Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2016-022. Councilmember Martinez asked if there is any substance to Mr. Sutherland's claims regarding false representation of land ownership. City Attorney Daggett replied the property dispute regarding the Brinks property was resolved last year to the satisfaction of the Brinks family. Councilmember Cunniff asked if it would be possible for Council to receive a report specifying the potential for instream flows with and without this provision of the water law being interpreted as described, as well as with and without NISP being built. Stokes replied most of that information is available but noted it will be difficult to identify every nuance. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to amend the language of the Resolution regarding the City's position on NISP. Mayor Pro Tem Horak and Councilmember Martinez accepted the friendly amendment. Mayor Pro Tem Horak requested Stokes follow-up with information regarding the Greeley pipeline and other possibilities. Councilmember Campana commended work on the item. Mayor Troxell supported the Resolution and its innovative and collaborative nature. RESULT: RESOLUTION 2016-022 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens (Secretary's Note: The Council took a brief recess at this point in the meeting.) 13. Resolution 2016-023 Approving and Adopting an Updated Water Efficiency Plan. (Adopted) The purpose of this item is to adopt the 2015 Water Efficiency Plan (Plan), the draft of which was presented to Council at the October 13, 2015 work session. The Plan will replace the existing 2009 Water Conservation Plan. Based on feedback from the City Council October 13, 2015 work session and the completed public comment period ending January 15, 2016, which included presentations to City boards and select community organizations, staff recommends the approval and adoption of the Plan which includes the following: A new water efficiency goal of 130 gallons per capita per day by the year 2030 New water efficiency metrics of total gallons saved and participation as the key metrics of water conservation performance A focus on programs, projects, and events that: o Leverage smart meter system capabilities and data o Promote and support greater outdoor water efficiency o Encourage greater integration of water efficiency into land use planning and building codes o Expand commercial and industrial sector strategies o Increase community water literacy. Kevin Gertig, Utilities Executive Director, stated this item would adopt the updated Water Efficiency Plan which replaces the plan that has been in place since 2009. 1.1 Packet Pg. 20 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 381 Liesel Hans, Water Conservation Manager, briefly discussed the history of water conservation in the City and stated this document entails information about water supplies, historical water demands, and details the Plan's goals and objectives and their implementation. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 20016-023. Councilmember Campana asked if historic water conservation goals were listed as part of the plan. Hans replied that information is in the work session presentation materials and discussed those goals. Mayor Pro Tem Horak commended work on the item and asked about the way in which system losses are addressed. Hans replied the water industry is moving toward a new water loss audit process which is currently being explored in the Utilities Department. Mayor Pro Tem Horak asked how Utilities accounts for the latent water in the system. Jon Haukaas, Water Utilities, replied pipes are considered full at all times; therefore, the volume that is contained within the pipes is considered a constant. Mayor Troxell commended work on the item. RESULT: RESOLUTION 2016-023 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens 14. Second Reading of Ordinance No. 021, 2016, Amending Chapter 7 of the Code of the City of Fort Collins to Update and Amend Requirements and Procedures for City Elections. (Adopted as Amended on Second Reading) This Ordinance, unanimously adopted on First Reading on February 9, 2016, amends Chapter 7 of the City Code to update and amend the election code, as recommended by the City Clerk and the ad hoc Council Committee. City Clerk Wanda Winkelmann stated this item addresses applicable law provisions and signature verification, reviews staff’s suggested amendment regarding absentee ballots, and allows for Council to provide feedback on a possible Charter amendment regarding Council compensation. City Attorney Daggett discussed changes made to the Ordinance since First Reading involving language simplification and clarification. She requested Council make an amendment to add the term “in the City’s Municipal Court or Larimer County District Court” in order to specify the specific courts that have jurisdiction to hear these challenges. City Clerk Winkelmann discussed an upcoming House Bill which will require municipalities to conduct signature verification after March 30, 2018. The Secretary of State’s office will be establishing rules for use of the signature verification system and staff will return to Council later in 2016 with a possible Code amendment to require signature verification starting with the 2019 municipal election. Another possible Charter amendment would permit members of City 1.1 Packet Pg. 21 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 382 Council to accept a lower salary or no salary at all and staff is recommending absentee ballots be available to anyone needing such a ballot in a manner other than paper. Eric Sutherland discussed the Uniform Election Code. Voters were misled with ballot language in the April 2015 election. Councilmember Martinez requested more details regarding signature verification. Deputy City Clerk Rita Knoll replied the bill, as currently drafted, provides that one of multiple election judges must find the signature on a ballot to be a match with the signature database. There are provisions for contacting voters should a ballot be rejected based on the lack of a matching signature. Councilmember Martinez asked if the City will utilize the County’s signature verification system. City Clerk Winkelmann replied in the negative stating the City will be acquiring its own software; however, she stated the County is willing to partner with the City on this effort. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 021, 2016, on Second Reading, as amended. Mayor Pro Tem Horak and Councilmember Cunniff requested additional information regarding the Council salary issue. RESULT: ORDINANCE NO. 021, 2016, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 15. First Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment. (Adopted 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 stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. 1.1 Packet Pg. 22 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 383 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. Eric Sutherland discussed eminent domain and property rights of owners andopposed the City’s handling of the property acquired for the Boxelder Stormwater Authority. He opposed the placement of this item on the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 029, 2016, on First Reading. Mayor Pro Tem Horak noted these types of ordinances are seldom used and discussed the use of the eminent domain tool. Mayor Troxell noted this Council and previous Councils take the issue of eminent domain very seriously and attempt to use eminent domain as a very last resort. RESULT: ORDINANCE NO. 029, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens 16. Resolution 2016-021 Ratifying Appointments to the Poudre River Library District Board of Trustees. (Adopted) The purpose of this item is to reappoint John Frey to a second term and to appoint Fred Colby and Joe Wise to the Poudre River Library District Board of Directors to fill vacancies that currently exists due to the March 2016 term expiration for Michael Liggett and Madeleine Wawro. Eric Sutherland opposed the reappointment of John Frey to the Poudre River Library District Board of Trustees and discussed the mill levy for the Library District. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2016-021. Mayor Pro Tem Horak discussed the interviews for this position and commended the work on Mr. Frey on the Board. RESULT: RESOLUTION 2016-021 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens 1.1 Packet Pg. 23 Attachment: March 1, 2016 (4244 : Minutes-3/1) March 1, 2016 City of Fort Collins Page 384 ADJOURNMENT The meeting adjourned at 9:00 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 24 Attachment: March 1, 2016 (4244 : Minutes-3/1) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Susan Smolnik, Water Resources Engineer SUBJECT Second Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 1, 2016, approves the rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (PDF) 2. Ordinance No. 026, 2016 (PDF) 2 Packet Pg. 25 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Susan Smolnik, Water Resources Engineer SUBJECT First Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. EXECUTIVE SUMMARY The purpose of this item is to obtain City Council approval of rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is a shareholder in several local irrigation companies and also holds allotment contracts for the delivery of Colorado Big-Thompson Project (CBT) water. The main use for these raw water sources is in the treatment and delivery of potable water for the Utilities’ ratepayers. There are also delivery obligations to provide raw water for use by HOAs, the Poudre School District, and several City departments. After these treated and raw water demands have been met, in most years there is surplus water that can be rented to other water users. Staff is again proposing two categories for pricing raw water. The first category, rental rates, is used to set prices for surplus water. Typically, there is demand for most of the City’s raw water rental sources and there are active rental markets. The second category, delivery charges, sets prices for sources where the Utilities has an on-going obligation to provide raw water that is used to irrigate some Home Owner Association greenbelts, the Poudre School District’s fields, and the City’s parks, golf courses, and cemeteries. Each year, prior to the irrigation season and after irrigation companies have established their annual assessment, City Council approves the rental rates and delivery charges for the use of the Utilities’ raw water. Staff then uses these rates and charges for invoicing purposes. The attached tables show the assessment rates as set by the irrigation companies and the raw water rates charged by the Utilities for 2013 through 2015 as well as proposed rates for 2016. ACTIVE RENTAL MARKETS FOR SURPLUS RAW WATER North Poudre Irrigation Company (NPIC) Rental Rates The Utilities expects to have surplus NPIC water that can be made available for rent. Each NPIC share has an agricultural (Ag) component and a multiple use (MU) component. The amount of each component varies annually and is set in April by the NPIC Board of Directors based on the company’s water supply availability. ATTACHMENT 1 2.1 Packet Pg. 26 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4236 : SR 026 Raw Water Rates) Agenda Item 6 Item # 6 Page 2 Due to current legal constraints, the Ag component can only be used on land served by the NPIC system and is rented to shareholders under that system. The MU portion of each NPIC share is available for the Utilities' use and is largely comprised of NPIC-owned CBT water. When users in the NPIC system rent either Ag or MU water, both components are delivered through the system in the same manner. Therefore, it is proposed that both types of water be rented at the same rate per acre-foot. Starting last year, a formula was used that incorporates the NPIC assessment and the share allocation to set the rental rate to ensure that the cost of the NPIC assessment was fully paid by the renter. This same method is proposed for this year. The rental rate per acre-foot will be equal to the assessment divided by the sum of the April allocation of MU and Ag water plus a $2.00 per acre-foot administration fee and then rounded up to the nearest dollar. The actual rate will not be known until the after the allocation is made in early April. In some years there is a special class of NPIC water available for agricultural users for a very limited time early in the irrigation season, which has a limited rental market and thus warrants a significantly lower rate. If this Early Ag water is available in 2016, staff proposes a rental rate of $15 per acre-foot to reflect its limited use. Table 4A (Attachment 4) compares the calculated rates to rates approved by City Council for the years 2011 through 2014. In most years, the two rates differ by only a few dollars. The exception is 2013 where the calculated rate would have been $42.00 and the Council-set rate was $30.00. It should be noted that in 2013 not many NPIC rentals were made due to the City being on water restrictions related to the water quality impacts of the High Park fire, coupled with low storage levels in the CBT system. Table 4B (Attachment 4) provides a possible range of calculated 2016 rental rates using the 2016 assessment of $200.00 with different potential allocations. Procedures The Utilities will continue to use a proportionate allocation method based on the requester’s acreage, as has been used since 2008. This allocation method uses information provided by renters about their total land holdings served under the NPIC system. These requesting acreages are then added together and are divided into the total volume of City-owned NPIC water available for rent in a given year. This acre-foot per acre ratio is then applied to each of the requesters’ land holdings to determine the maximum amount of rental water available for each requester. NPIC renters have asked that the City employ an allocation method that provides some water for all requesters each year. This method distributes rental water throughout the NPIC system. Colorado Big Thompson Water (CBT) Rental Rate The Utilities receives CBT water through allotment contracts with the Northern Colorado Water Conservancy District (Northern) and through its ownership of NPIC shares. To use the CBT water from its NPIC shares, the MU portion of the share is transferred as CBT water into the Utilities’ CBT account. Utilities typically holds some of the NPIC MU water for potentially high summer demands, then rents it to other (non-NPIC) renters later in the year if it was not needed. In the past, Utilities did not pay any fees on this type of transfer. However, beginning in 2015, Northern began assessing transfer fees for this type of operation which can vary based on the CBT allocation that year. The 2015 fee for this particular transfer was $41.43 per acre-foot. This year, depending on the CBT quota, the fee for this transfer is likely to be closer to $50 per acre-foot. Last year transfer fees if assessed were added to the cost of the rental. This resulted in a reduction in the number of CBT rentals made. This year staff again recommends that rentals of CBT water be made at a rate equal to the calculated NPIC MU rate plus the cost of any transfer fees associated with the rental. Procedures Utilities will first meet the CBT delivery obligations to City departments and other entities with delivery agreements. Any available surplus CBT water will then be offered to water users on the ditches that run through town. These ditches, known collectively as the “Southside Ditches”, include the Arthur, New Mercer, Larimer No. 2, and Warren Lake Reservoir. The Pleasant Valley Lake and Canal (PVLC) is also included in 2.1 Packet Pg. 27 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4236 : SR 026 Raw Water Rates) Agenda Item 6 Item # 6 Page 3 this tier. Surplus CBT water will next be made available to other Poudre Basin water users. Finally, in the event that any surplus CBT water remains, it will be offered to others within the entire Northern District. Water Supply and Storage Company (WSSC) Rental Rates Water Supply and Storage Company shares can only be rented to water users under that system. This has been an active rental market and the typical rental rate of a WSSC share is $1,000 over assessments. It is recommended that this formula be used to calculate the WSSC share rental rate. Using this formula in 2016, the resultant rental rate is $3,900 per share. Procedures Shares will be offered via lottery as in past years. Reusable Sources The Utilities occasionally has rental demand for reusable sources to satisfy State requirements for substitute water supply and augmentation plans. The Utilities’ primary reusable sources are Joe Wright Reservoir water and reusable effluent from the Utilities’ water reclamation facilities, but may also include water from the newly constructed Rigden Reservoir. It is proposed that the rental rate for these sources be set at $600 per acre-foot for 2016. RAW WATER DELIVERY CHARGES Pleasant Valley Lake and Canal (PVLC) and the Southside Ditches Delivery Charges This category sets charges for water used on City facilities, such as parks and golf courses, or water used by other entities that have met the Utilities’ raw water requirements. Non-City entities with raw water delivery agreements are mostly HOAs and the Poudre School District. It is proposed that the charges be set at 10% above the irrigation companies’ annual assessments per share. This is to help offset the Utilities’ administrative costs. Reusable Water Delivery Charges The Utilities has delivery obligations for reusable water where the Utilities’ raw water requirement has been met. For these obligations it is proposed that a fee of $120 per acre-foot be charged to help offset operational and administrative costs. CITY FINANCIAL IMPACTS The revenue from the Utilities’ rental and delivery of raw water is expected to be approximately $500,000 for 2016. The revenues generated by the rentals helps off-set the annual cost of raw water ownership. BOARD / COMMISSION RECOMMENDATION The Water Board discussed the proposed rates and charges at the February 18, 2016 meeting and unanimously voted to recommend adoption of the formulas and fixed rates for the 2016 rental rates and delivery charges. PUBLIC OUTREACH Announcements were made at NPIC and WSSC annual meetings regarding the availability of rental water and the processes for making requests. 2.1 Packet Pg. 28 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4236 : SR 026 Raw Water Rates) Agenda Item 6 Item # 6 Page 4 ATTACHMENTS 1. Proposed Rental Rates and Delivery Charges (PDF) 2. Water Assessments (PDF) 3. Raw Water Rates and Charges 2013-2016 (PDF) 4. NPIC Rental Rate Comparison (PDF) 5. Water Board minutes, February 18, 2016 (draft) (PDF) 2.1 Packet Pg. 29 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4236 : SR 026 Raw Water Rates) -1- ORDINANCE NO. 026, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING RENTAL RATES AND DELIVERY CHARGES FOR USE OF THE CITY’S RAW WATER FOR THE 2016 IRRIGATION SEASON WHEREAS, pursuant to Article XII, Section 4 of the City Charter, if at any time the water supply is greater than the immediate needs of the City and its inhabitants, the City Council may authorize the City Manager to permit the use of such surplus water by consumers outside the City at such rates as the City Council may prescribe, provided that no vested right shall accrue under such permits; and WHEREAS, pursuant to Article XII, Section 6 of the City Charter, the City Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees, or charges for water furnished by the City as will produce revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities; and WHEREAS, the Water Board discussed the rental program and the rates on February 18, 2016, and recommended that the rental rates and delivery charges set forth herein be prescribed; and WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding rental rates of surplus raw water for the 2016 irrigation season, as set forth in the following table, to be made available to persons outside the City or persons which have not been deemed to have satisfied the City’s raw water requirements: RATES FOR RENTALS OF SURPLUS RAW WATER Type of Water Rate Per Acre Foot North Poudre Irrigation Company (NPIC): Early Agricultural Use Water $15.00 per acre foot NPIC: Seasonal Agricultural Use and Multiple Use Water (Annual Assessment for 2016 of $200.00 per share / (Sum of Allocation of Seasonal Agricultural Use and Multiple Use Water per share)) + $2.00 per acre foot Colorado-Big Thompson Water from the Northern Colorado Water Conservancy District (NCWCD) Rate for NPIC: Seasonal Agricultural Use and Multiple Use Water + any NCWCD transfer fees calculated at the time of transfer Reusable Sources $600.00 per acre foot Type of Water Rate Per Share Water Supply and Storage Company Annual Assessment for 2016 + $1,000.00 share ; and 2.2 Packet Pg. 30 Attachment: Ordinance No. 026, 2016 (4236 : SR 026 Raw Water Rates) -2- WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding raw water delivery charges for the 2016 irrigation season, as set forth in the following table, to be made available to persons deemed to have satisfied the City’s raw water requirements: RAW WATER DELIVERY CHARGES Type of Water Rate Per Share Arthur Irrigation Company 110% of Annual Assessment for 2016 Larimer County Canal No. 2 Irrigating Company 110% of Annual Assessment for 2016 New Mercer Ditch Company 110% of Annual Assessment for 2016 Pleasant Valley and Lake Canal Company 110% of Annual Assessment for 2016 Warren Lake Reservoir Company 110% of Annual Assessment for 2016 Sherwood Reservoir Company 110% of Annual Assessment for 2016 Sherwood Irrigation Company 110% of Annual Assessment for 2016 Type of Water Rate Per Acre Foot Reusable Sources $120.00 per acre foot ; and WHEREAS, the rental rates and delivery charges will be rounded up to the nearest dollar, when necessary; and WHEREAS, the rental rates and delivery charges will be adjusted by City staff, as necessary, to reflect the remaining yield or the prevalent market price of the water or shares being rented in order to prevent undue economic loss to the City; and WHEREAS, City Council finds that the rates set forth herein are appropriate and will provide revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the rental rates and delivery charges set forth above are hereby approved as the City’s rental rates and delivery charges for the 2016 irrigation season. Section 3. The City Manager and the Utilities Executive Director are authorized to rent or deliver such raw water at the rental rates and delivery charges set forth above, provided that the rental rates and delivery charges set forth above may be adjusted by the Utilities Executive Director as he determines necessary to reflect the remaining yield for the prevalent 2.2 Packet Pg. 31 Attachment: Ordinance No. 026, 2016 (4236 : SR 026 Raw Water Rates) -3- market price of the water or shares being rented in order to prevent undue economic loss to the City. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 32 Attachment: Ordinance No. 026, 2016 (4236 : SR 026 Raw Water Rates) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Second Reading of Ordinance No. 027, 2016, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District through March 9, 2017. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 1, 2016, extends the Planned Development Overlay District (PDOD) Pilot Process for 12 months, as the current pilot will expire on March 9, 2016. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016(PDF) 2. PDOD Boundaries (PDF) 3. Ordinance No. 027, 2016 (PDF) 3 Packet Pg. 33 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Cameron Gloss, Planning Manager SUBJECT First Reading of Ordinance No. 027, 2016, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District through March 9, 2017. EXECUTIVE SUMMARY The purpose of this item is to consider a 12-month extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will expire on March 9, 2016. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. To address the challenges of infill and redevelopment, staff worked collaboratively in 2011-2012 with the Planning and Zoning Board (P&Z) to develop the PDOD, a unique zoning mechanism that blends the concepts of Planned Unit Developments and performance-based zoning. The PDOD provides flexibility on certain development regulations in the Land Use Code without having to use the existing Addition of a Permitted Use or Modification processes. In return for this flexibility, projects must achieve at least 60 points on a supplemental performance matrix that is designed to reward projects for going beyond minimum standards. The PDOD has a defined boundary, which was drawn to be consistent with the City’s targeted infill and redevelopment areas and Transit Oriented Development (TOD) Overlay District (Attachment 1). One final characteristic to note is that all PDOD projects are processed as a Type 2 application. Being an untested concept for the City, the PDOD was proposed first as a pilot to allow for real-world test cases. The pilot was unanimously recommended by P&Z and ultimately adopted by City Council on February 26, 2013; it provided a six-month window where PDOD submittals could be accepted, but the number of applications accepted was capped at five. The pilot began immediately after adoption and was set to expire on September 9, 2013. According to the PDOD Ordinance, City Council had the option to extend the pilot “in the event that, during the six-month term of its existence, there have been insufficient development proposals presented to the City within the boundaries of the PDOD map to adequately inform the City Council as to the viability of the District.” On September 16, 2014, Council adopted Ordinance No. 116, 2014, extending the PDOD Overlay District for a period of one year. At the request of the same applicant as in 2013 and 2014, City Council subsequently approved Ordinance No. 109, 205 on September 1, 2015, to extend the deadline for an additional 6 months, giving a new deadline of March 9, 2016, for expiration of the pilot. There have not been any PDOD submittals to date; only one potential project applicant has expressed interest in participating in the pilot since its inception, and this same prospective applicant has recently expressed that ATTACHMENT 1 3.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, March 1, 2016 (4237 : SR 027 PDOD Extension) Agenda Item 7 Item # 7 Page 2 an additional twelve month extension is necessary to meet their anticipated development plan application submittal date. The conditions of the pilot district as established by the original pilot ordinance and subsequent amendments apply to the requested twelve-month extension except for the lack of a provision to further extend the pilot: Only projects within the defined boundary area are eligible to use the PDOD. Up to five PDOD submittals will be accepted within the twelve-month pilot extension. City staff will collect data on any PDOD projects that submit, and with help from the citizen taskforce, evaluate how well the PDOD is working and report back to City Council. Given that it has been four years since the initial PDOD Pilot adoption and no projects have been submitted, staff is recommending that Council make no provision to extend the pilot should insufficient projects submit during the twelve-month timeframe. BOARD / COMMISSION RECOMMENDATION At its February 11, 2016 meeting, the Planning and Zoning Board unanimously (6-0) recommended on its consent agenda that the twelve-month PDOD Pilot extension be approved. ATTACHMENTS 1. PDOD Boundaries (PDF) 3.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, March 1, 2016 (4237 : SR 027 PDOD Extension) ATTACHMENT 2 3.2 Packet Pg. 36 Attachment: PDOD Boundaries (4237 : SR 027 PDOD Extension) -1- ORDINANCE NO. 027, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING ORDINANCE NO. 024, 2013, WHICH AMENDED THE LAND USE CODE BY THE ADDITION OF A TEMPORARY PLANNED DEVELOPMENT OVERLAY ZONE DISTRICT THROUGH MARCH 9, 2017 WHEREAS, on February 26, 2013, the City Council adopted on second reading Ordinance No. 024, 2013, amending the Land Use Code by the addition of a temporary Planned Development Overlay Zone District (“PDOD”); and WHEREAS, Ordinance No. 024, 2013, provides that, at the end of the pilot program, City staff will evaluate the program and report the outcomes to the City Council and, based on staff's report, the City Council will determine whether the PDOD should be continued, amended or terminated; and WHEREAS, on September 2, 2014, City Council adopted Ordinance No. 116, 2014, extending Ordinance No. 024, 2013, to September 9, 2015; and WHEREAS, on September 15, 2015, City Council adopted Ordinance No. 109, 2015, extending Ordinance No. 024, 2013, to March 9, 2016; and WHEREAS, since the adoption of Ordinance No. 024, 2013, no applications have been filed with the City for the processing of a development proposal under the PDOD and, therefore, no report has been prepared; and WHEREAS, on February 11, 2016, the Planning and Zoning Board recommended that the PDOD be extended for twelve additional months; and WHEREAS, the City Council has determined that it is in the best interests of the City to extend the PDOD adopted by Ordinance No. 024, 2013, for twelve additional months. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Ordinance No. 024, 2013, amending the Land Use Code by the addition of a PDOD shall remain in effect until March 9, 2017, whereupon it shall terminate and be of no further force and effect unless extended by ordinance of the City Council. Section 3. That Section 4.29 (A)(2) of the Land Use Code is hereby amended to read as follows: (2) Applicability. Any property located within the PDOD (Figure 22) shall be eligible to develop according to the standards set forth in subsection (D) at 3.3 Packet Pg. 37 Attachment: Ordinance No. 027, 2016 (4237 : SR 027 PDOD Extension) -2- the option of the developer. This Division shall be applicable only to an application for approval of a detailed development plan which has been filed with the City on or before March 9, 2017, unless said deadline has been extended by subsequent ordinance of the City Council. No more than five (5) applications shall be received and accepted for processing during the effective term of this ordinance, which term ends on March 9, 2017; and the Director may determine to close the acceptance of applications prior to March 9, 2017, if necessary in order to properly and adequately process and administer the applications received. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.3 Packet Pg. 38 Attachment: Ordinance No. 027, 2016 (4237 : SR 027 PDOD Extension) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Beth Rosen, Affordable Housing Program Administrator SUBJECT Second Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 520 Cherry Street, Units A and B, currently owned by the Fort Collins Housing Corporation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (PDF) 2. Ordinance No. 028, 2016 (PDF) 4 Packet Pg. 39 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Beth Rosen, Affordable Housing Program Administrator SUBJECT First Reading of Ordinance No. 028, 2016, Authorizing the Release of Restrictive Covenants on Property at 520 Cherry Street Owned by the Fort Collins Housing Corporation. EXECUTIVE SUMMARY The purpose of this item is to authorize the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 520 Cherry Street, Units A and B, currently owned by the Fort Collins Housing Corporation. STAFF RECOMMENDATION Staff is not making a recommendation. Staff supports the Fort Collins Housing Authority as a key partner in the provision of affordable housing to the community and achieving the long-term goals of the Affordable Housing Strategic Plan (AHSP) adopted by Council on October 6, 2015. Staff acknowledges that the immediate loss of affordable rental units does not align with the AHSP. BACKGROUND / DISCUSSION On February 21, 2003, the Fort Collins Housing Corporation, now known as Villages, Ltd., the non-profit development arm of the Fort Collins Housing Authority, received a grant in the amount of $258,000 in Community Development Block Grant (CDBG) funds to rehabilitate 16 units of permanent affordable rental housing in Fort Collins. At the time of contract, a Restrictive Covenant was placed on all 16 units, requiring the units provide affordable rental housing for a period of twenty years. This covenant is scheduled to be released February 21, 2023. The subject property of this request is a duplex located at 520 Cherry Street which received $30,100 in funding to cover the cost of a new roof, exterior repairs and interior renovation. Villages, Ltd. has since made the strategic decision to sell aging, high operating cost, single family homes and reinvest the funds into more cost effective, multi-family housing. This property was not included in that original restructuring plan. Villages, Ltd. has been approached by an adjacent property owner and would like to take advantage of this opportunity to sell. The proposed purchaser, whose primary residence shares a lot line with this duplex, has stated that the main objective in obtaining these properties is to replat the properties in order to increase the lot size of the residence at 412 North Whitcomb to 10,000 square feet. (Attachment 1) In order to accommodate this sale, the Fort Collins Housing Authority is requesting a release of the Agreement of Restrictive Covenant in exchange for the entire repayment of the CDBG Grant Funds in the amount of $30,100. (Attachment 2) To date, four single-family homes encumbered by this covenant have been sold with the original grant funding returned to the City. The approval of this request would further reduce the total affordable units under the covenant, with 10 units remaining out of the original 16. ATTACHMENT 1 4.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4238 : SR 028 520 Cherry Street Restrictive Covenant) Agenda Item 8 Item # 8 Page 2 CITY FINANCIAL IMPACTS The approval of this request will initially result in the loss of two affordable rental units in the City. The repayment of $30,100 Community Development Block Grant funding will return to the City’s Competitive Process and be available to fund future affordable housing projects. It is more expensive to create new affordable housing than to retain the existing inventory. The return of these funds will most likely leverage but not fully fund one (1) additional unit at the time of allocation. Based on the most recent competitive process, the total amount of subsidy needed from the City to create new affordable housing is $38,310 per unit. Approval of this request will lessen the financial burden experienced by the Fort Collins Housing Authority related the operation of this property and free capital to be reinvested in future affordable housing. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board (AHB) recommends adoption of the Ordinance on First Reading. At a public meeting held February 4, 2016, the Affordable Housing Board voted to recommend the release of the Agreement of Restrictive Covenants Affecting Real Property with the requirement that Villages, Ltd. return the grant funds and place the balance of the deed restriction on two currently unrestricted units, if financially prudent. (Attachments 3 and 4) On February 16, 2016, Julie Brewen notified the City that Villages, Ltd. conducted a review of its units pursuant to the recommendation of the Affordable Housing Board and determined it was not feasible to restrict additional units. (Attachment 5) ATTACHMENTS 1. 412 North Whitcomb Replat (PDF) 2. Fort Collins Housing Authority Request (PDF) 3. Affordable Housing Board minutes, February 4, 2016 (draft) (PDF) 4. Affordable Housing Board memo, February 16, 2016 (PDF) 5. FCHA letter re: AHB recommendation (PDF) 4.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4238 : SR 028 520 Cherry Street Restrictive Covenant) -1- ORDINANCE NO. 028, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE RELEASE OF RESTRICTIVE COVENANTS ON PROPERTY AT 520 CHERRY STREET OWNED BY THE FORT COLLINS HOUSING CORPORATION WHEREAS, on February 21, 2003, the City entered into a Recipient Contract with the Fort Collins Housing Corporation, now known as Villages, Ltd. (the “Corporation”), the non- profit development arm of the Fort Collins Housing Authority (the “Authority”); and WHEREAS, through the Recipient Contract, the Corporation received a grant from the City of $258,000 in Community Development Block Grant (CDBG) funds to rehabilitate 16 affordable rental housing units in Fort Collins; and WHEREAS, the Corporation used $30,100 of the CDBG funds to replace the roof and make interior and exterior repairs to a duplex at 520 Cherry Street owned by the Corporation (the “Property”); and WHEREAS, the terms of the Recipient Contract require the Corporation to use the Property for affordable rental housing in accordance with federal law for not less than twenty years; and WHEREAS, the Recipient Contract gave the City the right to require a deed of trust or other security interest in properties improved using the CDBG funds and to require, in addition to or in lieu of a deed of trust, a deed restriction on such properties to protect the City’s interest in the funds provided under the Recipient Contract; and WHEREAS, on February 21, 2003, the Corporation and the City also entered into an Agreement of Restrictive Covenants Affecting Real Property (the “Covenant”), which placed a twenty-year affordability requirement on multiple properties owned by the Corporation and improved with CDBG funds under the Recipient Contract, including the Property; and WHEREAS, the Covenant gives the City the right to enforce the terms and conditions of the Covenant should the Corporation ever fail to comply with them; and WHEREAS, the terms of the Recipient Contract do not require the Corporation to repay the CDBG funds, and neither the Recipient Contract nor the Covenant allows for the Covenant to be released before the twenty-year affordability period expires if the Property is sold or the funds are repaid; and WHEREAS, the Corporation has been approached by the owner of a residential property adjacent to the Property who would like to buy the Property and replat it to increase the size of her existing lot; and 4.2 Packet Pg. 42 Attachment: Ordinance No. 028, 2016 (4238 : SR 028 520 Cherry Street Restrictive Covenant) -2- WHEREAS, the Corporation would like to sell the Property to the neighbor and so has asked the City to release the Covenant with respect to the Property in exchange for repayment of the $30,100 of CDBG funds invested in the Property; and WHEREAS, the City’s right under the Covenant to restrict the use of the Property constitutes an interest in real property owned by the City that the City would be giving up by releasing the Covenant; and WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized to sell, convey or otherwise dispose of any interest in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, approval of this request will result in the loss of two affordable rental units in the City, but the sale of the Property will generate sales proceeds that the Authority can use for future affordable housing projects, and the repayment to the City of $30,100 in CDBG funds will allow the City to make those funds available for future affordable housing projects; and WHEREAS, the Affordable Housing Board reviewed the Corporation’s request at the Board’s regular meeting on February 4, 2016, and voted to recommend the release of the Covenant so long as the CDBG funds were repaid and the Corporation agreed to restrict two currently unrestricted units for the duration of the Covenant, if such a restriction would be financially prudent; and WHEREAS, the Corporation has since notified the City that it has determined it would not be feasible to restrict two additional units. 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 releasing the Covenant on the Property on the terms and conditions described herein is in the best interests of the City. Section 3. That the City Manager is hereby authorized to execute such documents as are necessary to release the Property from the Covenant upon repayment of the CDBG funds, on terms and conditions consistent with this Ordinance, along with such other 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 or effectuate the purposes of this Ordinance. 4.2 Packet Pg. 43 Attachment: Ordinance No. 028, 2016 (4238 : SR 028 520 Cherry Street Restrictive Covenant) -3- Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 44 Attachment: Ordinance No. 028, 2016 (4238 : SR 028 520 Cherry Street Restrictive Covenant) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer Rick Richter, Director of Infrastructure Services Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Postponement of Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment to April 5, 2016. EXECUTIVE SUMMARY Staff requests postponement of Second Reading of this Ordinance to April 5, 2016, to allow time for corrections to be made to the legal descriptions attached as Exhibits to the Ordinance. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project, only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends postponement of Second Reading to April 5, 2016. 5 Packet Pg. 45 Agenda Item 5 Item # 5 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (PDF) 2. Ordinance No. 029, 2016 (PDF) 5 Packet Pg. 46 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer Rick Richter, Director of Infrastructure Services Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right-of-Way Alignment. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan. The overlapping alignment of the two projects has created an opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes (“slope easements”), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project, only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The NECCO Project was designed to provide an outfall during storm events that will serve the area lying east of College Avenue and north of Vine Drive. The purpose of the project is to: Provide flood protection for public safety, human health, and welfare, Minimize risk of flood losses and reduce potential economic damage from floods, ATTACHMENT 1 5.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4239 : SR 029 NECCO Eminent Domain) Agenda Item 9 Item # 9 Page 2 Rehabilitate and enhance the natural and beneficial values of the floodplain by re-establishing flow connectivity and conveyance in the Lower Dry Creek watershed. The transportation network in the northeast part of Fort Collins has been in the planning process and on the City’s Master Street Plan for many years. Staff is currently working on the preliminary design for Suniga Drive, realigned Lemay Avenue, and an alternatives analysis for the type of crossing where realigned Lemay Avenue intersects the Burlington Northern Santa Fe (BNSF) railway. Consistent with high priorities from the Capital Improvement Plan (CIP), this Council action will allow staff to start right-of-way and easement negotiations for: Suniga Drive (formerly known as New Vine) from realigned Lemay Avenue to Redwood Street Realigned Lemay Avenue from Vine Drive to Conifer Street The necessary property interests include fee simple parcels for right-of-way and stormwater facilities, as well as, permanent and temporary easements. Given the construction schedule for the NECCO Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their properties. At these meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First reading of this Ordinance. CITY FINANCIAL IMPACTS The project is funded with local funds. The Utilities Department is allocating $8.8 million appropriated over two budget cycles for funding the design, permitting, easement acquisition, and construction phases. Currently $5.4 million is available in 2016 and the remaining $3.4 million will be available in 2017. The Engineering Department is working with $1.25 million of prior Council appropriations for the design, alternatives analysis, and right-of-way acquisition phases. Currently, no funding is allocated for construction of Suniga Drive and realigned Lemay Avenue. PUBLIC OUTREACH An open house event was held on February 10, 2016. Vine / Lemay / BNSF Website: <http://www.fcgov.com/engineering/vine-lemay.php> ATTACHMENTS 1. Location map (PDF) 2. Sustainablilty Assessment Summary and Tool (PDF) 3. Public Meeting Summary, February 10, 2016 (PDF) 5.1 Packet Pg. 48 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4239 : SR 029 NECCO Eminent Domain) -1- ORDINANCE NO. 029, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTHEAST COLLEGE CORRIDOR OUTFALL PROJECT AND THE LEMAY AVENUE AND SUNIGA DRIVE RIGHT-OF-WAY ALIGNMENT WHEREAS, the City is scheduled to begin construction on the Northeast College Corridor Outfall Project (the “Utility Project”) in 2016; and WHEREAS, the City is also designing the right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City’s Master Street Plan (the “Right-of-Way Project”); and WHEREAS, the alignments of the Utility Project and Right-of-Way Project overlap; and WHEREAS, the City desires to facilitate both projects by acquiring the property interests necessary to allow the Utility Project to proceed in a timely manner and procuring the right-of- way interests for the future construction of Lemay Avenue and Suniga Drive at the same time; and WHERAS, the Utility Project will provide a regional stormwater outfall to serve the area lying east of College Avenue and north of Vine Drive; and WHEREAS, the Right-of-Way Project will design improvements to construct public infrastructure as part of Lemay Avenue and Suniga Drive; and WHEREAS, it is necessary for the City to acquire certain property rights for the Projects as described on Exhibits “A” through “M”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the Property Rights include tracts of land to be acquired in fee simple for right-of-way and stormwater purposes; utility, drainage and slope easements; and temporary construction easements; and WHEREAS, the maximum slope in any of the slope easements would be no more than 4:1; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished 5.2 Packet Pg. 49 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) -2- through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the Projects. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 50 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "A" Page 1 of 3 5.2 Packet Pg. 51 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "A" Page 2 of 3 5.2 Packet Pg. 52 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "A" Page 3 of 3 5.2 Packet Pg. 53 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "B" Page 1 of 3 5.2 Packet Pg. 54 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "B" Page 2 of 3 5.2 Packet Pg. 55 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "B" Page 3 of 3 5.2 Packet Pg. 56 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "C" Page 1 of 3 5.2 Packet Pg. 57 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "C" Page 2 of 3 5.2 Packet Pg. 58 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "C" Page 3 of 3 5.2 Packet Pg. 59 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "D" Page 1 of 5 5.2 Packet Pg. 60 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "D" Page 2 of 5 5.2 Packet Pg. 61 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "D" Page 3 of 5 5.2 Packet Pg. 62 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "D" Page 4 of 5 5.2 Packet Pg. 63 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "D" Page 5 of 5 5.2 Packet Pg. 64 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "E" Page 1 of 4 5.2 Packet Pg. 65 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "E" Page 2 of 4 5.2 Packet Pg. 66 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "E" Page 3 of 4 5.2 Packet Pg. 67 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "E" Page 4 of 4 5.2 Packet Pg. 68 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "F" Page 1 of 2 5.2 Packet Pg. 69 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "F" Page 2 of 2 5.2 Packet Pg. 70 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "G" Page 1 of 2 5.2 Packet Pg. 71 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "G" Page 2 of 2 5.2 Packet Pg. 72 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "H" Page 1 of 2 5.2 Packet Pg. 73 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "H" Page 2 of 2 5.2 Packet Pg. 74 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "I" Page 1 of 2 5.2 Packet Pg. 75 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "I" Page 2 of 2 5.2 Packet Pg. 76 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "J" Page 1 of 2 5.2 Packet Pg. 77 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "J" Page 2 of 2 5.2 Packet Pg. 78 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "K" Page 1 of 2 5.2 Packet Pg. 79 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "K" Page 2 of 2 5.2 Packet Pg. 80 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "L" Page 1 of 2 5.2 Packet Pg. 81 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "L" Page 2 of 2 5.2 Packet Pg. 82 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "M" Page 1 of 2 5.2 Packet Pg. 83 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Exhibit "M" Page 2 of 2 5.2 Packet Pg. 84 Attachment: Ordinance No. 029, 2016 (4239 : SR 029 NECCO Eminent Domain) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Josh Birks, Economic Health Director Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance will appropriate $150,000 of City funds from General Fund Reserves and will also appropriate another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation (“CDOT”). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the “CDOT IGA”). Walton Foothills Holdings VI, LLC (the “Developer”) has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The City’s contribution through this appropriation will support: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 2. Disrupting the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoiding future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improving safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT IGA that will both be needed to facilitate this additional funding. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION As part of the Redevelopment and Reimbursement Agreement (the “Agreement”) for the Foothills Mall Redevelopment, the Developer is obligated to construct the pedestrian underpass at Foothills Parkway and College Avenue (the previous alignment of Larimer County Canal No. 2 an irrigation ditch). 6 Packet Pg. 85 Agenda Item 6 Item # 6 Page 2 The Developer intended to reuse the existing Larimer County Canal No. 2 bridge across College Avenue after relocating the irrigation ditch to facilitate construction of the pedestrian underpass. The construction of the underpass is within CDOT’s rights-of-way and requires approval from that agency. Soon after the execution of the Agreement, construction commenced on the Larimer County Canal No. 2 realignment–an associated project. Field inspections determined the actual depth of a large CenturyLink fiber optic and copper pair line as well as a City electric line within College Avenue right-of-way. The field inspection determined that these two utility lines were two feet shallower than previous estimates and were in direct conflict with the required 8-foot clearance height for the pedestrian underpass. The CenturyLink fiber optic and copper pair line is a major regional utility serving much of northern Colorado. There were discussions of lowering the line to accommodate the underpass; however, cost and age of the utility line make that option infeasible. The Developer originally presented a design that would replace the Larimer County Canal No. 2 bridge structure with a new structure only under the north bound lanes of College Avenue to accommodate the shallow depth of the two utility lines. The original design kept the existing bridge structure under the south bound lanes of College Avenue. The existing south bound bridge portion was built in the early 1970s with an estimated remaining life expectancy of 10 to 15 years. The bridge will be part of CDOT’s bridge inventory and will remain their responsibility to maintain and replace in the future, if necessary. The City will have responsibility to maintain the pedestrian facilities approaching and within the underpass. Proposed Underpass Design The current underpass design includes a twelve foot wide pedestrian path for the entire length of the tunnel structure. The clearance height will generally remain eight feet except for the portion of the structure that travels over the two utility lines where the floor will raise reducing clearance to seven feet four inches. The proposed alignment follows the original path of the Larimer County Canal No. 2, which includes a kink beneath the north bound lanes. Despite the kink, a sight-line remains through the entire tunnel structure to the opposite end allowing for a pedestrian or bicyclist entering the tunnel to see daylight on the other side, as shown in Attachment 1. In addition, the bridge and entrance design will include some minimal design features. These features will include: use of previously acquired Art in Public Places concrete forms on the entrance walls to provide relief and texture; and landscaping around the entrances. The interior of the tunnel will comply with City standards including the required lighting and paint. Table 1 below provides an overview and comparison of the previous design and the current proposal. Table 1 Design & Construction Comparison Description Original Design Proposed Design Vertical Clearance Minimum 7’ 4” 7’ 4” Underpass Alignment Existing Alignment Partial Kink Existing Alignment Partial Kink Bridge Demolition North Bound Only Both Directions Appropriation Request: After months of discussion between the Developer, the City, and CDOT, it was determined that although reusing the existing bridge structure underneath the south bound lanes may be viable, the better decision would be to replace the entire bridge structure. The existing Larimer County Canal No. 2 bridge structure would be replaced, in this option, by a new concrete box structure underneath both north and south bound 6 Packet Pg. 86 Agenda Item 6 Item # 6 Page 3 lanes. This option avoids the need to replace a portion of the bridge structure (underneath the south bound lanes) in the near future (10 to 15 years). Replacing the entire bridge structure with a new concrete box costs more than originally estimated for the underpass, approximately $600,000 more. Benefits of the proposed design include: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 2. Disrupts the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoids future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improves safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The additional cost provides benefit to the City, CDOT, and the Developer. Therefore, it is the recommendation of City staff to participate in this added cost. The Developer is requesting the City agree to fund $150,000 of the remaining $300,000 with the Developer contributing an additional $150,000 to fund the increased costs. Table 2 shows the breakdown of funding contributions by entity, including the Foothills Metro District, CDOT, City, and Developer. As the table shows, the requested City contribution will fund approximately 6 percent of the total underpass construction cost. However, it should be noted that the Developer will contribute approximately 14 percent or $322,000 towards the total cost of constructing the underpass; this amount includes the additional $150,000 needed to replace the entire bridge as well as funds already contributed towards the construction of the underpass. These funds come from the Developer’s equity and construction financing and exceed the Foothills Metro District contribution of $1.6 million, as shown. Table 2 Construction Cost Description Amount Percentage Metro District Funds $1,579,979 67% CDOT Contribution $300,000 13% Requested City Contribution $150,000 6% Subtotal $2,029,979 86% Developer Contribution $321,824 14% Total Cost $2,351,803 100% Amendment to the Agreement An amendment to the Agreement will be required in order to provide additional funding to the pedestrian underpass project. City staff has begun to develop a potential amendment; however, all the details of that amendment have not yet been negotiated with the Developer, but the Ordinance provides that the City’s expenditure of the City’s $150,000 will be conditioned on the City and the Developer entering into the needed amendment approved by the City Manager and it authorizes the City Manager to enter into that amendment after consultation with the City Attorney. This amendment to the Agreement will include the following: 6 Packet Pg. 87 Agenda Item 6 Item # 6 Page 4 Stipulate a date certain for completion of the project – currently estimated to be October 15, 2016 (Attachment 2); Require liquidated damages charged daily for failure to complete the project by the given date – amount to be negotiated; Stipulate the City funds will be applied only after all other funds have been expended – the City funds should be the last in; and Describe the process by which the City will review and approve the design, construction costs, and use of contingency funds. Finally, CDOT has indicated a preference to have their contribution of $300,000 flow through the City under the CDOT IGA. Therefore, the Ordinance also appropriates these anticipated funds from CDOT. In addition, the Ordinance authorizes the City Manager to enter into the CDOT IGA after consultation with the City Attorney. City staff will be preparing this IGA for execution by the City Manager. CITY FINANCIAL IMPACTS This Ordinance appropriates the $150,000 from the City’s General Fund Reserves for the purpose of supporting the construction of the pedestrian underpass at Foothills Parkway and College Avenue. The $150,000 is a direct cost to the City and reduces the General Fund Reserve proportionally. However, participating in constructing the underpass as proposed replaces an aging bridge structure. The City would incur costs in the future associated with replacing the bridge structure at the end of its useful life, estimated at 10 to 15 years. BOARD / COMMISSION RECOMMENDATION The Council Mall Redevelopment Committee reviewed the proposed appropriate and recommended the item be brought before the full City Council for consideration. No other board or commission outreach was conducted due to time constraints. PUBLIC OUTREACH No public outreach was conducted due to time constraints. ATTACHMENTS 1. Tunnel Line of Sight Drawing (PDF) 2. Underpass Timeline (PDF) 6 Packet Pg. 88 TUNNEL LINE OF SIGHT (signified by yellow highlighting) ATTACHMENT 1 Numbers signify maximum visible width East to the Mall East to the Mall 9' 6" 5' 6" Option1: PROPOSED - Replaces bridge under current width of College Avenue. Option 2: ALTERNATIVE - Extends bridge 10' to the west to accommodate an at grade pedestrian sidewalk on the west side of College Avenue. (No longer applicable - the pedestrian bridge will be relocated from further west.) 8' 0" 5' 0" 6.1 Packet Pg. 89 Attachment: Tunnel Line of Sight Drawing (4220 : Foothills Mall - Underpass Contribution) DeveloperPurchases FoothillsMall FoothillsMallTIFDistrict Created Redevelopment& ReimbursementAgreement Approved CouncilApproves1st AmendmenttoAgreement DeveloperDiscoversUtility LinesNotasShallow 2ndAmendmentApproved ReducingMinimum Clearance DiscussionsBegintoResolve DesignIssuesw/CDOT ConceptualDesignRecieves ApprovalfromCDOT BeginConstructionDrawings &FinalEngineering Today NoticetoProceedon Construction FinalizeDesignofthe Underpass BeginConstructionofthe Underpass PlannedCompletionofthe Underpass JanͲ12 JunͲ12 DecͲ12 JunͲ13 DecͲ13 JunͲ14 DecͲ14 JunͲ15 DecͲ15 JunͲ16 DecͲ16 JunͲ17 NovͲ17 FoothillsMallUnderpassTimeline October15,2016 ATTACHMENT #2 6.2 Packet Pg. 90 Attachment: Underpass Timeline (4220 : Foothills Mall - Underpass Contribution) -1- ORDINANCE NO. 039, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND UNANTICIPATED REVENUE IN THE GENERAL FUND FOR CONSTRUCTION OF A PEDESTRIAN UNDERPASS AT FOOTHILLS PARKWAY AND COLLEGE AVENUE AS PART OF THE FOOTHILLS MALL REDEVELOPMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO RELATED AGREEMENTS WHEREAS, the City of Fort Collins (the “City”) and Walton Foothills Holdings VI, L.L.C. (the “Developer”) entered into a Redevelopment and Reimbursement Agreement (the “Agreement”) for the Foothills Mall Redevelopment; and WHEREAS, the Developer is obligated under the Agreement to construct a pedestrian underpass at Foothills Parkway and College Avenue (the “Underpass”); and WHEREAS, the cost to construct the Underpass has exceeded the original cost estimated by $600,000; and WHEREAS, the Colorado Department of Transportation (“CDO”) has agreed to fund $300,000 of this cost overrun through an intergovernmental agreement with the City (the “CDOT IGA”) and the Developer and the City will each pay $150,000 of the cost overruns under an amendment to the Agreement; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9 of the City Charter further authorizes the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for expenditure from the General Fund for the City’s contribution to the construction of the Underpass. Packet Pg. 91 -2- Section 3. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000) the City will receive from CDOT under the CDOT IGA, representing CDOT’s contribution for the construction of the Underpass. Section 4. Notwithstanding the foregoing, this total $450,000 appropriated amount shall only be expended by the City in accordance with a written amendment to the Agreement and the CDOT IGA. Section 5. That the City Manager is hereby authorized to enter into a written amendment to the Agreement and the CDOT IGA on the City’s behalf, after consultation with the City Attorney, provided that the same shall be consistent with the terms of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 92 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Tiana Smith, Revenue and Project Manager SUBJECT Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. First Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City’s Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. The purpose of this item is to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager’s approval. The Financial Officer will be required to prepare and retain in Financial Services’ files a written opinion explaining the Financial Officer’s reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. STAFF RECOMMENDATION Staff recommends adoption of the both Ordinances on First Reading. BACKGROUND / DISCUSSION The City Charter generally, and the City Code more specifically, empower the City’s Financial Officer to administer the City’s collection of taxes. One of the specific powers granted in the Code authorizes the Financial Officer to waive the penalties and interest assessed by the City for the delinquent payment of sales and use taxes and lodging taxes, although the Financial Officer can only waive interest owed in excess of 6% per annum for delinquent lodging taxes. However, the Financial Officer has no express authority in the Code to waive the payment of sales, use and lodging taxes themselves as part of a compromise and settlement of a disputed tax claim. Recently, two Internet retailers approached the Sales Tax office to enter into “Voluntary Collection Agreements” under which they would begin remitting future sales and/or lodging taxes. In return, however, both retailers have asked to be released from any claims the City may have against them for past taxes. Collection of taxes by state and local governments from Internet retailers has been a contentious issue for many years because of the constitutional limitations the U.S. Supreme Court has placed on the ability of state and local governments to collect taxes from retailers who do not have a sufficient physical presence in a state. Consequently, having the opportunity to begin collecting future taxes from such retailers is a clear benefit to the City. Also, granting the Financial Officer the authority to enter into these and similar settlement 7 Packet Pg. 93 Agenda Item 7 Item # 7 Page 2 agreements may result in collecting taxes more quickly and without the cost and uncertainty of future tax hearings and litigation. If adopted, these ordinances will formalize the Financial Officer’s authority to enter into these and any future “Voluntary Collection Agreements” and to compromise and settle other disputed sales, use and lodging tax claims when there is good cause to do so. Both ordinances require the Financial Officer to file a written opinion for the compromise and settlement of all disputed sales, use and lodging tax claims. The Financial Officer will have the authority to settle claims for up to $100,000, but the City Manager’s approval will be required for claims involving $100,000 and those claims for which the amount in dispute cannot be reasonably determined. Also, a written settlement agreement entered into with the taxpayer will be required for all disputed claims settled that involve $2,500 or more and for those claims when the amount in dispute cannot be reasonably determined. CITY FINANCIAL IMPACTS There will be no immediate financial impact to the City, but the City’s ability to collect future taxes from the two Internet retailers will likely increase the City’s future tax revenues. BOARD / COMMISSION RECOMMENDATION At its February 22, 2016 meeting, the Council Finance Committee recommended approval of this Code change. ATTACHMENTS 1. Council Finance Committee Minutes, February 22, 2016 (draft) (PDF) 7 Packet Pg. 94 EXCERPT FROM THE COUNCIL FINANCE COMMITTEE MEETING, February 22, 2016 CODE CHANGE: WAIVER OF CLAIMS Tiana Smith presented on a Code Change with regards to Waiver of Claims. Specifically to amend City code to allow the Chief Financial Officer the authority to waive liability of tax claims up to $100,000.00. Two online vendors want to start disclosure agreements to start paying sales tax, but they want to have past taxes “waived.” We haven’t had a way of collecting the prior taxes because they are not based in Fort Collins or Colorado. The $100,000 was established using the Risk Management policy in place. The categories being explored are: <$2,500 can be waived without documentation, >$2,500 can be waived with written documentation & >$100,000 requires City Manager approval & notification to the City Council. This will also enable us to limit the back dating of local businesses that haven’t been collecting taxes. This would also settle any tax disputes due to audits without needing to go to court. Code already provides the Chief Financial Officer the ability to waive penalties/interest, but doesn’t allow for waiving of taxes collected in a dispute. The two vendors’ identities might be public knowledge depending upon interpretation of the Colorado open records act after the contracts are signed. Currently, the Sales tax licenses are public record once they are created. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The City of Fort Collins Revenue and Project Manager seeks approval to take the proposed code language to City Council on consent agenda on March 15 th . Ross Cunniff and Gerry Horak approved. Gerry Horak commented: the slides need more info regarding what type of Vendors this started from prior to the City Council meeting. ATTACHMENT 1 7.1 Packet Pg. 95 Attachment: Council Finance Committee Minutes, February 22, 2016 (draft) (4221 : Sales and Lodging Tax Liability Waivers) -1- ORDINANCE NO. 031, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 25-198 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE THE CITY’S FINANCIAL OFFICER TO COMPROMISE AND SETTLE CLAIMS THE CITY HAS AGAINST TAXPAYERS FOR THE PAYMENT OF SALES AND USE TAXES WHEREAS, in Article III of Chapter 25 of the City Code, the City imposes and provides for the collection of the City’s sales and use taxes and for the collection of interest and penalties for a taxpayer’s delinquent payment of those taxes (“Sales and Use Tax Code”); and WHEREAS, in Sections 21 and 22 of City Charter Article V, the City’s Financial Officer is generally empowered to administer the City’s collection of taxes and in the Sales and Use Tax Code the Financial Officer is granted specific powers to administer and collect the City’s sales and use taxes; and WHEREAS, one of these specific powers is granted in Section 25-198 of the Sales and Use Tax Code and it authorizes the Financial Officer to compromise and settle claims the City may have for interest and penalties arising from the delinquent payment of sales and use taxes, but the Sales and Use Tax Code does not currently authorize the Financial Officer to similarly compromise and settle claims the City may have for the delinquent taxes themselves; and WHEREAS, by specifically providing the Financial Officer with the authority to compromise and settle sales and use tax claims, this will allow the Financial Officer to evaluate those claims on a case-by-case basis to determine the legal and factual strengths and weaknesses of a particular City claim that is being disputed and to weigh whether the benefits gained by the compromise and settlement of that claim outweigh the cost of the collection process and the risks and costs of any resulting litigation; and WHEREAS, the reenacted Section 25-198 will require the Financial Officer to: (i) provide a written opinion for each compromised and settled claim explaining the “good cause” for that settlement and to retain that opinion in the files of Financial Services, (ii) require a written settlement agreement for all settled claims of $2,500 or more, and (iii) obtain the City Manager’s approval for all claims settled in excess of $100,000; and WHEREAS, the Council hereby finds that it is in the City’s best interest to repeal and reenact Section 25-198 in order to grant the Financial Officer this additional authority to settle disputed sales and use tax claims in an amount up to $100,000 and to settle such claims in excess of $100,000 with the City Manager’s approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 96 -2- Section 2. That Section 25-198 of the Code of the City of Fort Collins is hereby repealed and reenacted to read in full as follows: Sec. 25-198. - Waiver of penalties by Financial Officer. The Financial Officer is hereby authorized to waive, for good cause shown, any interest, penalty or fee imposed under this Article. Sec. 25-198. Compromise and Settlement by Financial Officer. (a) The Financial Officer may for good cause compromise and settle any actually assessed or potential claim to tax, penalties and interest due to the City under this article. Such good cause may include, without limitation, legal and factual considerations, considerations of fairness and justice, and the financial inability of the taxpayer to pay a greater amount. (b) The Financial Officer shall prepare and retain in the files of Financial Services for each settlement a written opinion explaining the good cause for the settlement. The opinion shall also include a statement of: (i) the amount of the tax, penalties and interest that were assessed or that could potentially be assessed; and (ii) the amount paid by the taxpayer in accordance with the terms of the settlement agreement. In a circumstance where the amount of the tax, penalties and interest that could potentially be assessed cannot be reasonably determined, the Financial Officer shall state in the written opinion the reason why these amounts cannot be reasonably determined. (c) Whenever a settlement by the Financial Officer results in a compromise of an assessed amount of $2,500 or more or for a potential claim the amount of which cannot be reasonably determined, a written settlement agreement between the City and the taxpayer shall be required as a condition of settlement. The fully executed settlement agreement shall be retained in the files of Financial Services together with the Financial Officer’s opinion. (d) Notwithstanding the foregoing, the Financial Officer may not compromise and settle a claim that waives more than $100,000 of assessed tax, penalties and interest or that waives an amount of tax, penalties and interest that could potentially be assessed but the amount of that assessment cannot be reasonably determined, unless the City Manager approves the Financial Officer’s written opinion. Packet Pg. 97 -3- Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 98 -1- ORDINANCE NO. 032, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 25-284 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE THE CITY’S FINANCIAL OFFICER TO COMPROMISE AND SETTLE CLAIMS THE CITY HAS AGAINST TAXPAYERS FOR THE PAYMENT OF THE LODGING TAX WHEREAS, in Article IV of Chapter 25 of the City Code, the City imposes and provides for the collection of the City’s lodging tax and for the collection of interest and penalties for a taxpayer’s delinquent payment of this tax (“Lodging Tax Code”); and WHEREAS, in Sections 21 and 22 of City Charter Article V, the City’s Financial Officer is generally empowered to administer the City’s collection of taxes and in the Lodging Tax Code the Financial Officer is granted specific powers to administer and collect the City’s lodging tax; and WHEREAS, one of these specific powers is granted in Section 25-284 of the Lodging Tax Code and it authorizes the Financial Officer to compromise and settle claims the City may have for interest in excess of 6% per annum and penalties arising from the delinquent payment of the lodging tax, but the Lodging Tax Code does not currently authorize the Financial Officer to similarly compromise and settle claims the City may have for the delinquent tax itself; and WHEREAS, by specifically providing the Financial Officer with the authority to compromise and settle lodging tax claims, this will allow the Financial Officer to evaluate those claims on a case-by-case basis to determine the legal and factual strengths and weaknesses of a particular City claim that is being disputed and to weigh whether the benefits gained by the compromise and settlement of that claim outweigh the cost of the collection process and the risks and costs of any resulting litigation; and WHEREAS, the reenacted Section 25-284 will require the Financial Officer to: (i) provide a written opinion for each compromised and settled claim explaining the “good cause” for that settlement and to retain that opinion in the files of Financial Services, (ii) require a written settlement agreement for all settled claims of $2,500 or more, and (iii) obtain the City Manager’s approval for all claims settled in excess of $100,000; and WHEREAS, the Council hereby finds that it is in the City’s best interest to repeal and reenact Section 25-284 in order to grant the Financial Officer this additional authority to settle disputed lodging tax claims in an amount up to $100,000 and to settle such claims in excess of $100,000 with the City Manager’s approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 99 -2- Section 2. That Section 25-284 of the Code of the City of Fort Collins is hereby repealed and reenacted to read in full as follows: Sec. 25-284. - Waiver of penalties by Financial Officer. The Financial Officer is hereby authorized to waive, for good cause shown, according to such policies as may from time to time be established by the City Council, any penalty assessed as provided in this Article. For this purpose, any interest imposed in excess of six (6) percent per annum shall be deemed a penalty. Sec. 25-284. Compromise and Settlement by Financial Officer. (a) The Financial Officer may for good cause compromise and settle any actually assessed or potential claim to tax, penalties and interest due to the City under this article. Such good cause may include, without limitation, legal and factual considerations, considerations of fairness and justice, and the financial inability of the taxpayer to pay a greater amount. (b) The Financial Officer shall prepare and retain in the files of Financial Services for each settlement a written opinion explaining the good cause for the settlement. The opinion shall also include a statement of: (i) the amount of the tax, penalties and interest that were assessed or that could potentially be assessed; and (ii) the amount paid by the taxpayer in accordance with the terms of the settlement agreement. In a circumstance where the amount of the tax, penalties and interest that could potentially be assessed cannot be reasonably determined, the Financial Officer shall state in the written opinion the reason why these amounts cannot be reasonably determined. (c) Whenever a settlement by the Financial Officer results in a compromise of an assessed amount of $2,500 or more or for a potential claim the amount of which cannot be reasonably determined, a written settlement agreement between the City and the taxpayer shall be required as a condition of settlement. The fully executed settlement agreement shall be retained in the files of Financial Services together with the Financial Officer’s opinion. (d) Notwithstanding the foregoing, the Financial Officer may not compromise and settle a claim that waives more than $100,000 of assessed tax, penalties and interest or that waives an amount of tax, penalties and interest that could potentially be assessed but the amount of that assessment cannot be reasonably determined, unless the City Manager approves the Financial Officer’s written opinion. Packet Pg. 100 -3- Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 101 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Jeremy Yonce, Police Lieutenant SUBJECT First Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. EXECUTIVE SUMMARY The purpose of this item is to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Staff desires to make minor modifications to the current nuisance gathering provision in order to address loopholes that prevent enforcement in nonresidential neighborhoods, and in situations in which disruptive unlawful behaviors are occurring only on the property where the social gathering or party is occurring. The changes also seek to add marijuana offenses to the list of unlawful behaviors that trigger the nuisance gathering provision. The City’s nuisance gathering provision was adopted in 2005, and should be updated to address the nuisance behaviors resulting from such social gatherings or parties. The provision as written addresses specific unlawful behaviors and conditions that occur on neighboring public or private properties. However, as written, the ordinance: 1. Only applies when the party or social gathering is occurring at a residential property. 2. Only applies when the party or social gathering leads to unlawful conduct on neighboring public or private property, but does not address such conduct occurring on the property where the social gathering or party is occurring that negatively impacts the neighborhood. 3. Does not address unlawful sale, furnishing, possession or consumption of marijuana (as it was written before the legalization of medical and recreational marijuana). With these limitations, a private party or social gathering occurring on a commercial property, public property, neighborhood clubhouse, or other nonresidential event location would not be subject to the nuisance gathering provision, even if the gathering resulted in illegal and disruptive behaviors on neighboring public or private property (including residential property). Additionally, with these limitations, if any of the listed illegal or disruptive behaviors (such as fighting, urinating in public, unlawful consumption of alcohol, destruction of property, noise, etc.) were occurring only on the property where the social gathering or party was taking place, but were nonetheless disrupting the peace and enjoyment of neighboring properties, the Nuisance Gathering ordinance still would not apply. 8 Packet Pg. 102 Agenda Item 8 Item # 8 Page 2 The recommended minor modifications to the Nuisance Gathering Ordinance would: 1. Include social gatherings or parties at any private place (residential or non-residential). 2. Include illegal and disruptive behaviors that occur on the property at which the party or gathering is being conducted (as well as neighboring properties). 3. Include the unlawful sale, furnishing, possession or consumption of marijuana. CITY FINANCIAL IMPACTS There may be minor financial impacts to the Municipal Court and to City Attorney’s Office prosecutions staffing due to any increases in the number of nuisance gathering municipal citations being written by police officers. The level of impact will depend upon the level of enforcement activity. 8 Packet Pg. 103 -1- ORDINANCE NO. 033, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE NUISANCE GATHERING PROVISION WHEREAS, on March 1, 2005, City Council adopted Ordinance No. 019, 2005, which created a new misdemeanor criminal offense nuisance gathering provision directed at social gatherings or parties that occurred on residential premises and resulted in unlawful behaviors occurring on neighboring properties; and WHEREAS, over the years, law enforcement has been unable to cite the nuisance gathering provision in nonresidential neighborhoods, and in situations in which disruptive unlawful behaviors occurred only on the property where the party or social gathering took place; and WHEREAS, with these limitations, a private party or social gathering occurring on a commercial property, public property, in a neighborhood clubhouse, or in another nonresidential location would not be subject to the nuisance gathering provision, even if the gathering resulted in illegal and disruptive behaviors on neighboring public or private property; and WHEREAS, additionally, with these limitations, unlawful behaviors such as fighting, underage consumption of alcohol and destruction of property occurring only on the property where the party is occurring, even if proving to be disruptive to the peace and enjoyment of neighboring properties, would not violate the nuisance gathering provision; and WHEREAS, City staff recommends making minor modifications to the nuisance gathering provision to include social gatherings or parties that take place at non-residential properties as well as residential premises; and WHEREAS, staff also recommends expanding the nuisance gathering provision to include unlawful behaviors that occur on the property where the social gathering or party is occurring so that it is not limited to unlawful behaviors occurring on neighboring properties; and WHEREAS, staff recommends updating the unlawful behaviors to include marijuana offenses; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 104 -2- Section 2. That Section 17-130 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Private place” which reads in its entirety as follows: Private place shall mean a property, building or structure, owned, occupied or in use for private purposes, including, but not limited to, a home, apartment, condominium, place of business or employment, outdoor patio or yard, including any common areas or other dwelling units, or a hall or meeting space or privately reserved area within a public facility or property, whether occupied on a temporary or permanent basis, and whether occupied as a dwelling, or for a social function or other use, and whether owned, leased, rented or used with or without compensation. Private place does not include a liquor- licensed establishment when in operation pursuant to said liquor license. Section 3. That Section 17-131 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-131. - Nuisance gatherings. A social gathering or party which is conducted at a private place on residential premises within the City and which, by reason of the conduct of those persons in attendance, would: (1) In the judgment of a reasonable person, interfere with the enjoyment of life or property or disturb the peace of, a resident in the vicinity of the private place or a person passing by on the public streets, sidewalks and rights-of-way in the vicinity of the private place, and; (2) results in the occurrence of any one (1) or more of the following conditions or events at on neighboring public or private such private place property;where the gathering occurs or on any neighboring public or private property: (a) rioting; (b) the unlawful carrying or possessing of an open container of alcohol or fermented malt beverage in public; (c) the unlawful sale, furnishing, possession or consumption of alcohol or fermented malt beverages; (d) the unlawful consumption or possession of marijuana; (e) the unlawful transfer or display of marijuana; (f) public urination or defecationthe unlawful sale, furnishing, possession or consumption of alcohol or fermented malt beverages; Packet Pg. 105 -3- (g) the unlawful deposit of trash or litter; (h) the unlawful destruction of property; (i) the generation of pedestrian or vehicular traffic, standing or parking which obstructs the flow of traffic or interferes with the ability to render emergency services; (j) excessive, unnecessary or unreasonable noise which disturbs the comfort, quiet or repose of the neighborhood, including public disturbances, brawls, fights or quarrels; or (k) conduct or condition which injures or endangers the safety or health of the neighborhood, or results in any indecent or obscene conduct, or results in any indecent exposure public nudity by persons attending the social gathering or party. Section 4. That Section 17-132 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-132. - Prohibited; penalty. (a) Any person being the owner, occupant, tenant or otherwise having any possessory control, individually or jointly with others, of any premises private place who either sponsors, conducts or hosts a social gathering or party and knowingly permits such social gathering or party to become a nuisance gathering as defined by § 17-131 is hereby deemed to have committed a misdemeanor and, upon conviction, shall be subject to the penalties as provided by § 1-15 of this Code, and may further be ordered, as a condition of any sentence, to pay the costs of abatement pursuant to § 17-133. In any prosecution for a violation of this Section, proof that the owner or tenant of the premises private place upon which the nuisance partygathering occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises private place and sponsored, conducted or hosted the social gathering or party and knowingly permitted the violation to occur. . . . Packet Pg. 106 -4- Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 107 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist SUBJECT First Reading of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. EXECUTIVE SUMMARY The purpose of this item is to amend City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Following a City-commissioned feasibility study in 2000, City Council passed the Land Bank Ordinance in 2001 establishing the City’s Land Bank Program (Attachment 1). The primary goal of the program is to have an inventory of property available for the development of additional affordable housing units in the future. Land banking allows the City to acquire, hold, and eventually sell property for the sole purpose of assisting housing providers in providing affordable rental housing. This program is intended to serve low-wage earners that the real estate market does not serve well. While in general, the City considers housing serving households with incomes of no more than 80% area median income (AMI) to be affordable housing, the Land Bank Program standard is lower than that. Specifically, the Land Bank Ordinance requires development under the program to be targeted to rental households at or below 50% AMI and homeownership housing for households at or below 60% AMI. The City has entered into a partnership with the Fort Collins Housing Authority to develop the land bank parcel of 8.3 acres at 1506 West Horsetooth Road. City Council adopted Ordinance No.025, 2016, authorizing the conveyance of this land bank holding to the Fort Collins Housing Authority (FCHA) after 3 applicants competed for the development opportunity. The Ordinance states staff would bring forward an ordinance for City Council consideration that would amend the Land Bank Ordinance to permit rental housing affordable to households at 60% AMI under certain circumstances, which is the purpose of the Ordinance now proposed. The Request for Proposal (RFP) selection committee chose FCHA as the development partner for this parcel. FCHA’s proposal contained three alternative options, with the variables of demographic served, purchase price, and additional funding needed to build the development. (Attachment 2) The most favorable option to the City was Option 3. This option does not require additional federal grant dollars from the City; it provides units for households in the 30% AMI; and it offered a sales price close to 90% of the fair market value of the property. The preliminary conceptual proposal as submitted in the RFP process proposed 96 units of affordable rental housing with one to four bedrooms and community facilities, with density of 12 units per acre. 9 Packet Pg. 108 Agenda Item 9 Item # 9 Page 2 The AMI range in this proposal target households making no more than 60% AMI. However, since 46 of these units are targeted to no more than 30% AMI, the overall demographic composition of the community remains under 50% AMI, which is the standard set in the original ordinance. The pertinent City Code language establishing the Land Bank Program in 2001 set AMI targets as follows: Sec. 23-354. - Disposition of land bank property. In addition to the criteria established for the disposition of property in Article IV of this Chapter, no property acquired pursuant to this Article shall be sold by the City except in accordance with the following criteria: (1) Any disposition/sale of such property shall be to a housing provider legally bound to the City under the terms of such sale to provide rental housing for households at or below fifty (50) percent of AMI and/or homeownership housing for households at or below sixty (60) percent of AMI ("affordable housing") as the sole development purpose. Such sale shall not be made to any person for the purpose of land speculation or appreciation or for the development of nonresidential uses or the provision of market rate housing. While this City Code language has not changed from 2001, price escalation in both home sales prices and rental rates has caused an ever increasing demand for affordable housing. The Land Bank Program has served the City well in preserving development opportunities. Because the first land bank parcel is now being deployed, staff is reviewing the disposition criteria carefully. It is clear this program is designed to acquire and hold land for between 5-15 years, ultimately sell to a development partner, and recycle the sales proceeds into more land for the Land bank Program. Also, this program is designed to reach low wage earners who cannot rent market rate housing affordably. The concept is that the City discounts the sale price to the developer who can offer then resulting housing units at under market rates. Most market rate housing in Fort Collins targets households with incomes at or above 80% AMI. The proposed ordinance would amend Section 23-354 to keep the 50% AMI standard for rental housing but provide an exception for rental housing targeted to 60% AMI and lower as long as the overall affordability in the development averages less than 50% AMI. By providing limited flexibility to the AMI targets established for the Land Bank Program, the City improves the program by: Creating a larger range of income in the resulting community and serving the lowest and most difficult to house demographic; Lining up the AMI range permitted with the targets allowable for Low Income Housing Tax Credit programs which is how most affordable housing is being developed; Still providing under market rate housing for the future; Allowing the highest permissible purchase price for the land without committing additional City funding; and Maintaining the original intention of providing a community that serves people making an average of 50% AMI. This change brings immediate flexibility to the original program language. Since this is the first opportunity to develop pursuant to the Land bank Program criteria, staff believes additional changes could be considered. Staff intends to bring additional code changes for City Council consideration later in 2016 after a holistic review of the program is conducted. CITY FINANCIAL IMPACTS While the City will be paid close to $1.1 million for the parcel, this Ordinance change does not affect the City financially. 9 Packet Pg. 109 Agenda Item 9 Item # 9 Page 3 BOARD / COMMISSION RECOMMENDATION At its March 3, 2016, meeting, the Affordable Housing Board voted to recommend adoption of the City Code amendment to allow for housing up to 60% AMI when the average served by the overall community is no more than 50% AMI. (Attachment 4) PUBLIC OUTREACH While there has not been public outreach specifically on this proposed change, the Land Bank Program was part of the extensive outreach conducted on the 2015-2019 Affordable Housing Strategic Plan. The Land bank Program was also analyzed as part of the Housing Affordability Policy Study, which included extensive public outreach and engagement. ATTACHMENTS 1. Ordinance No. 048, 2001 (PDF) 2. Proposed Purchase Options (PDF) 3. Work Session Summary, September 8, 2015 (PDF) 4. Affordable Housing Board memo, March 3, 2016 (PDF) 9 Packet Pg. 110 ATTACHMENT 1 9.1 Packet Pg. 111 Attachment: Ordinance No. 048, 2001 (4182 : Land Bank Program) 9.1 Packet Pg. 112 Attachment: Ordinance No. 048, 2001 (4182 : Land Bank Program) 9.1 Packet Pg. 113 Attachment: Ordinance No. 048, 2001 (4182 : Land Bank Program) 9.1 Packet Pg. 114 Attachment: Ordinance No. 048, 2001 (4182 : Land Bank Program) ATTACHMENT 2 9.2 Packet Pg. 115 Attachment: Proposed Purchase Options (4182 : Land Bank Program) ATTACHMENT 3 9.3 Packet Pg. 116 Attachment: Work Session Summary, September 8, 2015 (4182 : Land Bank Program) 9.3 Packet Pg. 117 Attachment: Work Session Summary, September 8, 2015 (4182 : Land Bank Program) ATTACHMENT 4 9.4 Packet Pg. 118 Attachment: Affordable Housing Board memo, March 3, 2016 (4182 : Land Bank Program) -1- ORDINANCE NO. 034, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-354 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING INCOME TARGETS FOR THE LAND BANK PROGRAM WHEREAS, on April 17, 2001, the City Council adopted Ordinance No. 048, 2001, enacting Article XIII of Chapter 23 of the City Code (Sections 23-350 to 355) regarding land banking; and WHEREAS, the purpose of the land bank program is to enable to the City to acquire, hold and sell real property to assist housing providers in providing affordable rental and homeownership housing for low-income residents; and WHEREAS, Section 23-354 of the City Code currently requires that land bank property be conveyed only to a housing provider legally bound to the City to provide rental housing for households at or below 50% of area median income (“AMI”) and/or homeownership housing for households at or below 60% of AMI; and WHEREAS, in December 2015, the City issued a request for proposals to find a developer for the City’s land bank property on West Horsetooth Road (the “Property”); and WHEREAS, through that process the City selected the Housing Authority of the City of Fort Collins (“FCHA”) to purchase and develop the Property; and WHEREAS, FCHA’s preferred option for development of the Property, which is also the option City staff recommends, would include rental housing at 60% of AMI, although the average affordability level across the entire development would still be less than 50% of AMI; and WHEREAS, on January 26, 2016, the City Council adopted Resolution 2016-008 expressing the Council’s support for FCHA’s proposed project, including a willingness to amend the City Code to adjust the rental housing affordability requirements if necessary, and stating an intent to convey the Property to FCHA subject to the Council’s authorization by ordinance; and WHEREAS, on March 1, 2016, the City Council adopted Ordinance No. 025, 2016, authorizing the conveyance of the Property to FCHA; and WHEREAS, the City Council now wishes to amend Section 23-354 of the City Code to adjust the affordability requirements for rental housing developed on land-banked properties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 119 -2- Section 2. That Section 23-354 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-354. Disposition of land bank property. In addition to the criteria established for the disposition of property in Article IV of this Chapter, no property acquired pursuant to this Article shall be sold by the City except in accordance with the following criteria: (1) Any disposition/sale of such property shall be to a housing provider legally bound to the City under the terms of such sale to provide, as the sole development purpose, “affordable housing”, defined as: a. rental housing for households at or below fifty (50) percent of AMI, except that rental housing may be provided for households at up to sixty (60) percent of AMI so long as the average affordability of all rental housing developed on such property shall not exceed fifty (50) percent of AMI, and/or b. homeownership housing for households at or below sixty (60) percent of AMI (“affordable housing”) as the sole development purpose. Such sale shall not be made to any person for the purpose of land speculation or appreciation or for the development of nonresidential uses or the provision of market rate housing. … Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 120 -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 121 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 035, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and Increase the Outstanding Loan Balance Available for the On-Bill Utility Loan Program. EXECUTIVE SUMMARY The purpose of this item is to revise the available capital funds for On-Bill Financing (OBF) program from Utilities reserve funds and to clarify interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% over the previous 2+ years. OBF capital comes from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff’s recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The On-Bill Financing (OBF) pilot program (also known as the Home Efficiency Loan Program) provides residential and certain commercial utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the Utilities’ efficiency and conservation efforts and the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Efficiency Plan. The OBF program was established by Ordinance No. 033, 2012, which revised language in Chapter 26 of the Municipal Code to enable Utilities to provide financing and on-bill servicing of loans for energy efficiency, water efficiency and renewable energy projects. The OBF program was launched in January 2013, and was reviewed by Council in August 2013, October 2014 and January 2015. Based on the participation to date, staff recommends increasing the maximum outstanding loan balance limit, revising the interest rate for loans based on the new funding and planning for a transition to third party capital. 10 Packet Pg. 122 Agenda Item 10 Item # 10 Page 2 Increasing the maximum outstanding loan balance limit for Utilities reserve funds OBF loan balance monies come from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council previously authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Loan activity ramped up significantly in the second half of 2015 and continues into early 2016 (see chart below). Increased outreach to participating contractors, a focus on marketing to customers receiving efficiency audits and the low introductory interest rates all contributed to the ramp in loan activity. Based on a forecast from this recent activity, the outstanding loan limit is likely to be met by the end of March or soon after. Continuing this forecast and estimating the impacts of the Efficiency Works Neighborhoods pilot and recent solar contractor activity, the OBF program is likely to require an additional $800,000 in capital through the end of 2016. The program to date has seen 98% of the activity in energy loans. The proposed ordinance increases the maximum outstanding balance limit to $1.6M to account for the anticipated program activity in 2016. Revising On-bill Financing Interest Rates Under the current model, where loan capital is provided by Utilities reserve funds, the City has broad discretion for the setting of loan characteristics. The interest rate range is set by Council in the annual rate ordinances, while the City’s Financial Officer administratively adjusts the rate in coordination with Council. 10 Packet Pg. 123 Agenda Item 10 Item # 10 Page 3 The rate ordinances define the allowable range of interest rates, currently set from 2.5% to 10%. This range was set based on a 2014 market analysis indicating similar programs have been successful with market rates in the 4.5% to 6.5% range. The lower end of this range at 2.5% was included, at Council direction, to support getting the program started with a favorable interest rate. The higher range was included to allow for flexibility moving forward and to accommodate changes in the financial marketplace. The Council Finance Committee provided direction in November 2014 that the City Financial Director set interest rates at the City’s cost of capital less 100 to 200 basis points. For the Council meetings in January and February of 2015, the recommended interest rate was 4%. During these meetings, Council provided direction to set the interest rate at 2.5% and also to extend the maximum loan term from 15 to 20 years. On February 22, 2016, staff presented to the Council Finance Committee the recommendations for the OBF capital funding and program interest rates. The Committee also clarified the intent to manage the available funds as a revolving loan fund over time, where repaid funds become immediately available for use by the on- bill financing program. Based on that discussion and Chief Financial Officer’s recommendation, staff is proposing that the interest rate for loans funded by the increase in capital be serviced with a 4% fixed interest rate. The proposed rate increase is to 0.75% above the U.S. Prime Lending Rate, as stated in the Wall Street Journal on November 1, 2015, which was at 3.25%. Staff further recommends annually using the U.S. Prime Lending Rate, as stated by the Wall Street Journal on November 1 of each year, as the benchmark for setting the interest rate for loans issued in the subsequent year. The proposed change in interest rate will better align loan rates with available market rates and will provide for testing of the interest rate as a driver for program participation. The timing of the current loan interest rate change does present challenges for communications and outreach, as Utilities has promoted the use of HELP loans for home efficiency and solar projects as well as the new Efficiency Works Neighborhoods pilot. Planning for Third Party Capital Sources The question of what comes next for sources of capital has been informally discussed over time. The proposed higher outstanding balance limit will, in effect, create a timeline for a project to recommend next steps for capital sources and loan options for customers. Based on the proposed new limit, an interdepartmental staff team will develop recommendations by late summer 2016 for implementation by the end of the year or sooner. Staff will charter a project team to research, identify and recommend options for consideration by Council to meet future capital requirements for HELP and the On-Bill Finance programs. The team will be comprised of staff from Utilities Resource Conservation, Utilities Finance, City Finance, the City Attorney’s Office and Sustainability Services. Team members also represent a number of Climate Action Plan strategic teams (Energy Efficiency, Financing and Climate Economy). The results of this team’s efforts will be presented to Council Finance and/or Council for consideration, including but not limited to: • Cost of capital to City, Utilities and/or loan recipients • Scalability • Impact on City or Utilities balance sheet • Legal review for servicing of loans on utility bills under a new structure • Characteristics of loan terms (e.g. qualifications, interest rates, loan term) • Relationship to existing and proposed efficiency and renewable energy programs and services. HELP loans currently support three different programs. All of the loan activity in 2015 can be attributed to the Efficiency Works Home (insulation, air sealing, windows, heating and cooling) and Solar Rebate (photovoltaic systems) programs. 10 Packet Pg. 124 Agenda Item 10 Item # 10 Page 4 In January 2016, Utilities launched the Efficiency Works Neighborhoods program as a pilot, in coordination with Platte River Power Authority and the American Public Power Association. This program is piloting a number of innovations, including new segmentation and outreach, home efficiency packages with standardized pricing, streamlined project management services and integrated financing. Over 1500 customers have in specific neighborhoods are in the initial target group and have received information regarding all the program elements, including the current HELP loan terms. The pilot is scheduled through September 2016, and may continue as an ongoing program afterwards. The project team recommendations presented later in 2016 will include a recommended roadmap for all loan characteristics. Update on Billing System Customization for Tenant Billing Staff has been working with the software vendor for Utilities existing customer billing system (CIS) to develop a scope of work for a customization which would allow for “tenant billing.” The customization would allow for loans to be initiated by an owner of a residential or small commercial rental property. The payments for these loans would be charged on the utility bills of the current tenants of the property, who also receive the benefit of lower utility bills. The scope of work and software modification specifications were recently completed and “signed off” by both parties. As of March 1 Utilities is awaiting the cost estimate and proposed schedule from the software vendor. After receiving the estimate, staff will review and may be sending updated information to Council. While this effort has been developed, Utilities has also initiated a comprehensive review of options to determine the next steps for CIS, such as upgrading or replacing the software. Therefore, recommendations for potential investments in customization of the existing software will take into consideration these options. Relationship of Financing to Climate Action Plan The developing implementation plan to meet the 2020 CAP objectives includes expanded efficiency results, accounting for nearly 50% of the 2020 reduction target. It is expected that financing of energy efficiency will be a key tactic to reaching higher participation levels. It will be important to balance the requirements of financing partners with the expectations of customers. Efficiency Works Home retrofit projects, which are supported by the HELP loans, contributed over 8,000 metric tons of carbon reduction in 2014. The target for the CAP 2020 objectives would require an approximately 4x increase in results from residential programs, requiring reaching more customers and completing more comprehensive improvements saving both electricity and natural gas. Continuing to offer attractive financing is considered to be an important element for success moving forward. Over 60 loans have been completed to date, used primarily for home efficiency upgrades and with a few solar and water projects. The energy loans, taken as a group, are estimated to be saving 10% of the carbon emissions of these homes. This equates to 1.2 tons avoided per household and 72 annual tons per year. Including the lifetime savings of these improvements brings the customer cost to approximately $400 per ton carbon avoided. The improvements are also providing utility bill savings, comfort improvements and health and safety benefits. Because the loans are paid back to Utilities with interest by customers, the cost to Utilities from the HELP program is low to negligible. Program Development and Characteristics The OBF program was developed collaboratively by Utilities (Energy Services and Customer Finance (billing)), City Finance, and the City Attorney’s Office with assistance from the consulting firm Harcourt, Brown and Carey. The program was modeled after successful programs and is most succinctly described as a traditional loan program which is serviced by Utilities on customer’s monthly bills. Customers qualify based on their bill payment history and credit score, eligible projects are defined by Utilities incentive programs, and the loans are secured via a UCC lien filing recorded with Larimer County. 10 Packet Pg. 125 Agenda Item 10 Item # 10 Page 5 The City Code changes adopted by Council in 2012 and 2015 authorize Utilities to provide financing services to meet the program deliverables. A key element of the program is that the loan payments are treated like any other element of a customer’s bill (e.g. electricity, water, wastewater and stormwater). With such treatment, loan payments are not differentiated from other services. Utilities normal and customary practices for non- payment apply, up to and including service disconnection. Utilities also has established rights under Section 26-718 of the City Code for collection of any past due amounts at a property time of sale, known as a “perpetual lien”. The program uses pre-existing standard capabilities of the Utilities billing system. Customer qualification and loan closing services are provided in partnership with a third party financial partner, EnergySmart Partners LLC. EnergySmart Partners is a subsidiary of the non-profit Funding Partners, a local Fort Collins Community Development Financial Institution. The interest rate range is defined in Utilities’ annual residential rate ordinances. The City Finance Department developed a set of rules and regulations for administrative implementation of the OBF program. The OBF capital comes from Light & Power and Water reserve funds, determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Loan Activity and Information As of March 1, 2016, total outstanding balance was $423k, with $192k preapproved. This is a total of $613k, leaving approximately $187k available for new loan projects. Based on end of 2015 data, the annual repayment amount would be approximately $50k annually and the dollar weighted average term is 12.4 years. Median term is 10 years. Average loan amount is $8,500. Approximately $110k has been repaid (or paid off) plus a modest amount of interest income has been collected since the program started. 98% of the outstanding program loan balance has come from the Light & Power fund. Loan Program Characteristics Attribute Notes Interest Rates Allowable range from 2.5-10% per proposed rate ordinance 2015 rate at 2.5% per direction from Council Customer qualification Minimum six months bill payment history Credit score minimum of 640 Fees Fees are cost based for services current fees of $25 for application, $150 for closing, $11 for recording Recording UCC filing recorded with Larimer County Loan term 5, 7, 10, 15, or 20 years Selected by applicant Customer eligibility Residential single family and townhome properties, small business customers (by owner), Rental properties (by owner) CITY FINANCIAL IMPACTS Increasing the maximum outstanding loan balance does not impact the Utilities budget, as the funds are not appropriated or expended. The increase does limit the liquidity of the Utilities reserve funds as the outstanding loan balance is not immediately available for other uses. Utilities Strategic Financial Manager and the City’s Chief Financial Officer are comfortable with this impact for the proposed amount. 10 Packet Pg. 126 Agenda Item 10 Item # 10 Page 6 BOARD / COMMISSION RECOMMENDATION At its February 22, 2016 meeting, the Council Finance Committee discussed this topic and recommended it be brought forward for Council consideration. ATTACHMENTS 1. Council Finance Committee minutes, February 22, 2016 (draft) (PDF) 10 Packet Pg. 127 EXCERPT FROM COUNCIL FINANCE COMMITTEE MEETING, February 22, 2016 ON-BILL FINANCING: UPDATE & FUTURE DIRECTION Lisa Rosintoski and Kim DeVoe presented the On-Bill Financing topic with regards to Capital Planning for the project also known as the Home Efficiency Loan Program. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council have feedback regarding the proposed two-step process to provide capital funding for the Home Efficiency Loan Program? Clarify intent for use of Utilities reserves as an ongoing revolving loan fund. Is Council ready to consider a resolution for increasing the outstanding loan balance from Utilities reserve funds at an upcoming meeting? Home efficiency loan has reduced carbon emissions by an average of 10%. Number of loan production increased from 6 in 2013 to 17 in 2015 and to 37 in 2015. Phase 1: increase outstanding balance to $1.6M to establish a revolving loan fun. Increase the interest rate to 4 %. Phase 2: Maintain financing program, transition to using outside capital. Mike Beckstead comment: There are some potential ethical/legal questions that will need to be answered prior to transitioning over to a third party loan carrier. 1. Can we use our billing system to collect payments for third party loans? 2. If we use a third party carrier, can we still use the current leverage we have as far as turning off service in the event of a loan default? Ross Cunniff question #1: why are we considering increasing the interest rate? Mike Beckstead answered: Market interest rates are currently 4-5.5%, whereas we are currently at 2.5%. If we move to third party loans, we need to be at market rate ahead of the change. Ross Cunniff question #2: are we continuing to market to contractors? Are we telling them that the interest rate will be increasing? He would like to see feedback from the contractors and potential users of the loan before the rate is increased. Mike B: this is linked to our Climate action change plan. We need to know what the financial implications are if we stay at the same interest rate. Ross Cunniff question #3: how are the estimates on the carbon emissions reduction impacting our Climate action plan? Lisa Rosintoski responded: this is something that her department will work on getting for a future meeting. Ross Cunniff question #4: what are the types of projects that are being done with the loans? Kim DeVoe answered: insulation, some solar projects and HVAC upgrades. Gerry Horak question: are we coordinating with Larimer county energy savings? Kim DeVoe answered: they do general assessments. The City does a more in depth assessment as far as energy audits. ATTACHMENT 1 10.1 Packet Pg. 128 Attachment: Council Finance Committee minutes, February 22, 2016 (draft) (4198 : On-Bill Financing Funding) Kim DeVoe commented: their department is creating a packaged streamlined process for homeowners to do more through the efficiency program. They are trying to help those that don’t have disposal income to do energy upgrades by using the HELP loan program. Wade Troxell, Ross Cunniff & Gerry Horak said to go forward. Mike Beckstead said: a resolution will be brought forward in a future meeting. 10.1 Packet Pg. 129 Attachment: Council Finance Committee minutes, February 22, 2016 (draft) (4198 : On-Bill Financing Funding) -1- ORDINANCE NO. 035, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY ON-BILL UTILITY FINANCING TERMS AND INCREASE THE OUTSTANDING LOAN BALANCE AVAILABLE FOR THE ON-BILL UTILITY LOAN PROGRAM WHEREAS, the On-Bill Utility Financing (“OBF”) program (also known as the Home Efficiency Loan Program) was established by Ordinance No. 033, 2012, which amended Chapter 26 of the City Code to enable Fort Collins Utilities to offer financing and on-bill servicing of loans for residential energy efficiency, water efficiency and renewable energy upgrade projects; and WHEREAS, the OBF program provides low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements, in an effort to pursue Utilities’ efficiency and conservation efforts as well as policy goals from Plan Fort Collins, the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, the OBF program has been a valuable addition to Utilities' efficiency and renewable energy programs, which foster sustainability through reduced energy and water use, local contractor education and investment in the built environment, and improved home comfort, health and safety; and WHEREAS, on February 17, 2015, City Council adopted Ordinance No. 012, 2015, which expanded eligibility for OBF program participation to Utilities’ business customers, set the term for new loans at 20 years, and set a range of loan interest rates to be applied pursuant to procedures and standards adopted by the Financial Officer under Section 26-720 of the City Code; and WHEREAS, in prior budgets, budget exceptions and balance sheet reserve actions, City Council approved an outstanding balance of $800,000 for the OBF program to be drawn from Utilities Light & Power and Water reserve funds; and WHEREAS, OBF program activity significantly increased in the second half of 2015 and the first quarter of 2016, and forecasts estimate the existing outstanding program loan balance will be fully distributed by the end of March 2016, requiring an increase in available capital to accommodate new OBF program projects; and WHEREAS, in addition to historic OBF program activity, launch of the Efficiency Works Neighborhoods pilot and recent solar contractor activity require an additional allocation of capital to the OBF program through the end of 2016; and WHEREAS, based on current participation and increasing demand from recently- launched community programs, Utilities staff recommends City Council increase the allocated outstanding balance limit for the OBF program to $1,600,000; and Packet Pg. 130 -2- WHEREAS, sufficient net operating revenue reserves budgeted in 2016 exist in the Electric Utility and Water Utility reserve funds to accommodate increase of the OBF program outstanding balance limit; and WHEREAS, on February 22, 2016, the Council Finance Committee expressed support for staff’s additional recommendation that the OBF program be managed as an ongoing revolving loan fund, where repaid loan capital is returned to and available for re-issuance through the OBF program; and WHEREAS, staff has also identified several instances in Chapter 26 of the City Code where clarification of the interest rate range for new loans is required to match the range approved by City Council in Ordinance No. 012, 2015; and WHEREAS, the City Council has determined it is desirable to maintain appropriate financing for the OBF program to provide flexibility in the administration of new loans and collection on existing loan projects, in furtherance of the benefits available to ratepayers through the OBF program; and WHEREAS, the City Council has further determined it is desirable to clarify in the City Code the expression of the approved interest rate range for new OBF program loans; and WHEREAS, Article XII of the City Charter authorizes City Council to expend net operating revenues of the City’s utilities for renewal, replacement, extraordinary repair, extension, improvement, enlargement, and betterment of such utilities, or other specific utility purposes determined by Council to be beneficial to the ratepayers of said utilities; and WHEREAS, Section 26-720 of the City Code authorizes the Financial Officer to formulate and promulgate rules and regulations for the administration of Chapter 26 with respect to credit and lending standards and rates and administrative practices for utility loan programs, which shall include efficiency-related conditions on loans for renewable energy development and utility loans terms of up to twenty (20) years. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, for the reasons stated above, the City Council hereby finds and determines that the On-Bill Utility Financing Program as described herein will be for the betterment of the affected Utilities, and will be beneficial to the ratepayers of those Utilities and serve a public purpose. Section 3. That the outstanding available loan balance maximum for the On-Bill Utility Financing Program, as a portion of Electric Utility and Water Utility reserve funds, shall be ONE MILLION SIX HUNDRED THOUSAND dollars ($1,600,000). Packet Pg. 131 -3- Section 4. That Sec. 26-129(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. Schedule D, miscellaneous fees and charges. . . . (f) The interest rate for water service-related loans shall be no less than two and five tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by of the Financial Officer pursuant to § 26-720. . . . Section 5. That Sec. 26-289(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. Miscellaneous fees and charges. . . . . . . (6) Interest for wastewater service-related loans: 2.5% - 10% per annum; to be set for new loans annually at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, based on the City’s cost of capital minus 100 to 200 basis points in the administrative rules and regulations adopted by of the Financial Officer pursuant to § 26-720. . . . Section 6. That Section 26-464(q) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . Packet Pg. 132 -4- (q) Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by 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 7. That Section 26-465(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually based on the City’s cost of capital minus 100 to 200 basis points, at three- quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by 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 26-466(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. General service, schedule GS. Packet Pg. 133 -5- . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually based on the City’s cost of capital minus 100 to 200 basis points, at three- quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by 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 9. That Section 26-467(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, at three- quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, in the administrative rules and regulations adopted by 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 10. That Section 26-712(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-712. Miscellaneous fees and charges. Packet Pg. 134 -6- . . . (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount … Interest rate for utility service-related loans: 2.5% - 10% per annum; to be set annually for new loans at three-quarters of a percent (0.75%) above the U.S. prime lending rate as stated in the Wall Street Journal on November 1, based on the City's cost of capital minus 100 to200 basis points 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 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 135 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Maverik First Annexation. EXECUTIVE SUMMARY A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First Annexation. B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on three sides with the Interchange Business Park which was annexed in 2005. As a result, there is 36% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications Annexing this 1.26 acre parcel does not create (nor does it contribute to creating) an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its January 14, 2016, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the C-G, General Commercial 11 Packet Pg. 136 Agenda Item 11 Item # 11 Page 2 zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given the surrounding context of the Interchange Business Park, and the relatively small size of the parcel, there was no neighborhood meeting for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation narrative (PDF) 5. Annexation Petition (PDF) 11 Packet Pg. 137 Site - Maverik First Annexation S Summit View Dr E Mulberry St N County Road 5 E Vine Dr E Prospect Rd Interstate 25 E County Road 48 S County Road 5 !"`$ ATTACHMENT 1 Major Street Names Annexation City Limits Growth Management Area Maverik First Annexation ± Vicinity Map 1 inch = 1,257 feet 11.1 Packet Pg. 138 Attachment: Vicinity Map (4199 : Maverik Annexation) Site - Maverik First Annexation E Vine Dr E Mulberry St S Su m mit View Dr Interstate 25 E Prospect Rd N County Road 5 E County Road 48 S County Road 5 !"`$ Maverik First Annexation Structure Plan Boundaries Fort Collins GMA Adjacent Planning Areas City Limits County Boundary Districts General Commercial District Neighborhood Commercial District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) © 1 in = 0.3 miles ATTACHMENT 11.2 2 Packet Pg. 139 Attachment: Structure Plan Map (4199 : Maverik Annexation) Site - Maverik First Annexation CG - Zoning E Mulberry St I n terstate 25 !"`$ I UE CG E LMN Railroad Lines Growth Management Area City Zoning General Commercial Employment Industrial Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) ATTACHMENT 3 Maverik First Annexation ± Zoning 1 inch = 1,000 feet 11.3 Packet Pg. 140 Attachment: Zoning Map (4199 : Maverik Annexation) ATTACHMENT 4 11.4 Packet Pg. 141 Attachment: Annexation narrative (4199 : Maverik Annexation) ATTACHMENT 5 11.5 Packet Pg. 142 Attachment: Annexation Petition (4199 : Maverik Annexation) 11.5 Packet Pg. 143 Attachment: Annexation Petition (4199 : Maverik Annexation) 11.5 Packet Pg. 144 Attachment: Annexation Petition (4199 : Maverik Annexation) 11.5 Packet Pg. 145 Attachment: Annexation Petition (4199 : Maverik Annexation) 11.5 Packet Pg. 146 Attachment: Annexation Petition (4199 : Maverik Annexation) -1- RESOLUTION 2016-024 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MAVERIK FIRST ANNEXATION WHEREAS, per Resolution 2016-015, annexation proceedings were heretofore initiated by the City Council for property to be known as the Maverik Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 147 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of March, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 148 -1- ORDINANCE NO. 036, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-015, finding substantial compliance and initiating annexation proceedings for the Maverik First Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-024 setting forth findings of fact and determinations regarding the Maverik First Annexation is being adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2016-015 and Resolution 2016-024 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 15, NORTH 89°15'00” EAST, A DISTANCE OF 1084.26 FEET; THENCE SOUTH 0°45'00” WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER 2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK; THENCE SOUTH 82°18'06” WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; Packet Pg. 149 -2- THENCE SOUTH 35°29'11” EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT CURVE; THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25°01'50”, HAVING A CHORD WHICH BEARS SOUTH 30°43'25” WEST, A DISTANCE OF 112.68 FEET; THENCE NORTH 35°26’29” WEST, A DISTANCE OF 141.57 FEET; THENCE SOUTH 54°19’21” WEST, A DISTANCE OF 83.26 FEET; THENCE NORTH 35°31’08” WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: THENCE NORTH 66°38'30” EAST, A DISTANCE OF 19.01 FEET; THENCE NORTH 82°18'06” EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING. CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS). is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Maverik First Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S, to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 150 -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 151 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the Maverik First Annexation into the General Commercial zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is C-G, General Commercial, which conforms to the larger surrounding area known as the Interchange Business Park. Context The surrounding zoning and land uses are as follows: N: C Equipment Rental (Commercial, County) S: C-G Otter Box Warehouse E: C-G McDonald’s Restaurant W:C-G Air Care Colorado - Vehicle Emissions Testing I-25 Corridor Plan The parcel is located within the I-25 Corridor Plan, adopted in 2003 and covers the area along I-25 between County Roads 52 and 32. The Interchange Business Park, at the southeast quadrant of I-25 and State Highway 14, is designated as a Commercial Corridor. The Plan states: “The Commercial Corridors classification is intended to provide for a wide range of community and regional retail uses, as well as offices, business and personal services. The majority of Commercial Corridor areas, near the I-25/Mulberry Street interchange, are fully developed, whereas areas near the I-25/Prospect Road interchange are, for the most part, undeveloped. While this classification is typically the location for highway business and auto-related uses, it also presents opportunities over This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. 12 Packet Pg. 152 Agenda Item 12 Item # 12 Page 2 time to transform existing developed areas into mixed-use (including residential), multi-modal centers, concurring with the overall community vision for Fort Collins.” According to the I-25 Corridor Plan Land Use Map, the subject parcel should be placed into the C-G, General Commercial zone district. The proposed zoning, C-G, General Commercial, complies with the subarea plan. Zoning The proposed zoning for the subject annexation is C-G, General Commercial. This district is intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some Commercial District areas may continue to meet the need for auto- related and other auto-oriented uses, it is the City’s intent that the Commercial District emphasizes safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its January 14, 2016, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the C-G, General Commercial zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given the surrounding context of the Interchange Business Park, and the relatively small size of the parcel, there was no neighborhood meeting for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning map (PDF) 12 Packet Pg. 153 First Site Annexation - Maverik CG - Zoning E Mulberry St I n terstate 25 !"`$ I UE CG E LMN Railroad Lines Growth Management Area City Zoning General Commercial Employment Industrial Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) ± Maverik First Zoning Annexation 1 inch = 1,000 feet ATTACHMENT 1 12.1 Packet Pg. 154 Attachment: Zoning map (4196 : Maverik First Annexation ZONE AIS) -1- ORDINANCE NO. 037, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, the City Council has determined that the proposed zoning of the Maverik First Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Maverik First Annexation to the City of Fort Collins, Colorado, in the General Commercial (“C-G”) Zone District, which property (the “Property”) is more particularly described as: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 15, NORTH 89°15'00” EAST, A DISTANCE OF 1084.26 FEET; Packet Pg. 155 -2- THENCE SOUTH 0°45'00” WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER 2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK; THENCE SOUTH 82°18'06” WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; THENCE SOUTH 35°29'11” EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT CURVE; THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25°01'50”, HAVING A CHORD WHICH BEARS SOUTH 30°43'25” WEST, A DISTANCE OF 112.68 FEET; THENCE NORTH 35°26’29” WEST, A DISTANCE OF 141.57 FEET; THENCE SOUTH 54°19’21” WEST, A DISTANCE OF 83.26 FEET; THENCE NORTH 35°31’08” WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: THENCE NORTH 66°38'30” EAST, A DISTANCE OF 19.01 FEET; THENCE NORTH 82°18'06” EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING. CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS). Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property is not included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15 day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 156 -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 157 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Carol Webb, Water Resources/Treatmnt Opns Mgr Mark Kempton, Water Production Manager SUBJECT First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of an access easement on City Property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was purchased in 1977, in order to manage and protect the City’s water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The location of the Harper property lies within a basin area which has been of concern to the City since the 2012 fires because of erosion and water quality impairment. This basin area, known as Unnamed 3 and Unnamed 2b were heavily affected by the 2012 wildfires. This basin was targeted for restoration through the High Park Fire NRCS-Emergency Watershed Protection program in 2013-2014, but the majority of restoration in the lower basin was not able to be completed by the program end date. The Coalition for the Poudre River Watershed (CPRW), of which the City is a partner, completed restoration work in surrounding areas; however, they were unable to restore this particular basin area due to landowners’ concerns regarding granting access for the work. During a site visit with the property owner, Utilities staff discussed the driveway encroachment, alternatives, and the need for restoration of the area to protect the City’s water supply from excessive sediment. The encroaching driveway was found to not increase the erosion hazard in the area of concern, but the construction of a new driveway in a different location would likely create new, significant erosion hazards. CPRW completed an assessment and identified the need for additional stream channel and gully restoration and road realignment needs within the basin, including Mr. Harper’s property. The work proposed by CPRW is capable of retaining 34 tons of sediment within the basin thus reducing future deposition in the Poudre River. Funding to complete this work on the Harper property is currently available through CPRW. Staff determined that the greatest benefit to the City would be to keep the existing driveway in the constructed location and for 13 Packet Pg. 158 Agenda Item 13 Item # 13 Page 2 the property owner to facilitate agreements with CPRW and his neighboring property owners within the basin area to complete additional post-fire restoration projects within the basin. Since the initial site visit, Mr. Harper has engaged with neighboring property owners to restart discussions about the basin restoration needs with CPRW. CITY FINANCIAL IMPACTS Along with facilitating the discussions between area owners and CPRW, the property owner has agreed to pay the City an amount of $500 for the permanent access easement, along with a $1,000 fee to cover Real Estate Services staff time to process the request. The compensation for the easement was determined by contacting a local real estate appraiser and using comparable market data. BOARD / COMMISSION RECOMMENDATION At its February 18, 2016, meeting, the Water Board voted unanimously to recommend approval of the conveyance of the access easement on City Property to Peter and Crystal Harper, consistent with staff's recommendation. ATTACHMENTS 1. Easement Request Location map (PDF) 2. Location Map of Basin Area (PDF) 3. Easement Request Location photo (PDF) 4. Water Board minutes, February 18, 2016 (draft) (PDF) 5. Sustainability Assessment Tool (DOCX) 13 Packet Pg. 159 Google Maps Location Map of Access Easement Request on City Property - Approximate Location of Access Easement To Fort Collins Poudre Canyon Rd/ Hwy 14 ATTACHMENT 1 13.1 Packet Pg. 160 Attachment: Easement Request Location map (4212 : WTP Harper Easement Request) Easement Request Location Location Map of Unnamed 3 & 2b Basins ATTACHMENT 2 13.2 Packet Pg. 161 Attachment: Location Map of Basin Area (4212 : WTP Harper Easement Request) Easement Request Location Photograph Constructed driveway ATTACHMENT 3 13.3 Packet Pg. 162 Attachment: Easement Request Location photo (4212 : WTP Harper Easement Request) Excerpt from Unapproved Water Board Minutes – February 18, 2016 Review of Harper Property Easement Request (Attachments available upon request) Watershed Specialist Jill Oropeza summarized the request. Mr. Harper is seeking an easement to keep in place a road that was recently cut to his home site and which passes through an adjacent City-owned property in the Poudre Canyon. The roadway was constructed partially on City property without the City’s permission. Mr. Harper is seeking options for maintaining safe access to his property while also helping the City improve Poudre River water quality by addressing post-fire runoff and erosion that originates on his and neighboring properties. The greatest net benefit to the City is to keep the exiting road cut and landowners to work with Coalition for the Poudre River Watershed (CPRW) www.poudrewatershed.org to complete additional post-fire restoration projects within the basin. Discussion Highlights Board members inquired about various aspects of the easement request, including whether other homeowners have made similar requests, and the expense involved if the easement request is approved; staff replied that Mr. Harper is clear on his responsibilities if City Council approves the easement request, including a formal agreement with CPRW to complete the work. If the work is not done, the City would be able to revoke the agreement, per the City Attorney. Board Member Duncan Eccleston moved that the Water Board recommend City Council consider approval of the conveyance of an access easement on City Property to Peter and Crystal Harper, consistent with Staff’s recommendation. Board Member Michael Brown seconded the motion. Vote on the motion: It passed unanimously, 11-0. ATTACHMENT 4 13.4 Packet Pg. 163 Attachment: Water Board minutes, February 18, 2016 (draft) (4212 : WTP Harper Easement Request) *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 an easement on City Property to adjacent landowners, Peter and Crystal Harper. The Harpers are constructing a residential home adjacent to a City-owned parcel along Hwy 14 that was purchased in 1977 to protect the City’s Poudre water supply. During driveway construction, they unintentionally encroached on the City’s property. They ceased activity, contacted the City’s Real Estate Department and requested an easement. The Harper Property is located within a basin severely burned in the 2012 wildfire and which continues to cause water quality impairment of the City’s water supply due to flash flooding and erosion. Based on City staff’s evaluation, keeping the road in its current location minimizes future soil disturbance, does not diminish the protective function of the City-owned parcel, and presents the best option for protecting water supplies. Furthermore, the landowners have agreed to work with the Coalition for the Poudre River Watershed (CPRW) to conduct restoration targeted at mitigating other erosion issues in the basin. 13.5 Packet Pg. 164 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 2 Staff lead(s): Please note staff name, position/division and phone number Lindsay Kuntz Real Estate Specialist III 970-221-6275 Jill Oropeza Watershed Specialist 970-416-2529 Mark Kempton Water Production Manager 970-221-6692 13.5 Packet Pg. 165 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 3 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description The City’s Drinking Water Quality Policy (1993) states that “The City will protect raw water sources from contamination or any other activities that would diminish the quality of water provided to customers or that would result in increased treatment costs” 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 The proposed easement offers a cost-effective means to assist in ensuring adequate, safe drinking water supplies for the City of Fort Collins. N/A N/A 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 13.5 Packet Pg. 166 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 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? The proposed easement minimizes a potential sediment erosion hazard, thereby, helping the City continue to deliver safe, reliable drinking water 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? N/A 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? City staff presented the background and proposed easement to Water Board on February 18, 2016, at which time the recommendation to grant the easement request was approved. The Harpers are working with the other adjacent landowners in the basin (Unnamed 3) and the Coalition for the Poudre River Watershed (CPRW) to collaborate on other stream channel and roadway improvements that will further minimize sediment erosion hazards in this drainage. The City of Fort Collins is a supporting member of CPRW, which brings 13.5 Packet Pg. 167 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 5 together a diverse set of stakeholders in the Poudre Watershed, including the City, CSU, local governments, volunteer organizations and non-profits to prioritize and implement on-the-ground restoration and stewardship work aimed at creating a resilient Poudre Watershed. Social Equity Summary Key issues: Granting the proposed easement will help the City continue to provide safe and adequate drinking water supply in a cost-effective manner. It also supports further watershed restoration work occurring in collaboration with CPRW’s partners and stakeholders. 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 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 +1 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. 13.5 Packet Pg. 168 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 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? The City’s Drinking Water Quality Policy (1993) states that “The City will protect raw water sources from contamination or any other activities that would diminish the quality of water provided to customers or that would result in increased treatment costs” 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 Protects WQ/ Water Supply by minimizing potential sediment erosion from road construction activities (avoids significantly bigger impacts of relocating roadway) The landowners’ participation in basin-wide restoration, assisted by CPRW, provides additional benefits to overall watershed health, including stream channel stabilization, improved riparian function, sediment storage, safe flood conveyance and downstream water quality improvements. The basin restoration work will allow further refinement of BMPs for erosion control and stream channel maintenance. It will also improve aesthetics of the stream corridor and the Poudre River downstream. 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? By minimizing the need for significant roadway realignment, the need for heavy machinery is also significantly reduced, thereby offering short-term emissions reduction over the alternative of reconstructing the roadway. 13.5 Packet Pg. 169 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 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? As proposed, the easement will minimize future construction activity/disturbances The landowners’ engagement with CPRW offers opportunity for further improvement in watershed function, including improved riparian habitat and function, reduced sediment loads and better water quality. These benefits occur by minimizing sediment loads to the Poudre River. 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? The proposed easement prevents sediment contamination of the City’s Poudre water supply and the need for additional treatment. 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? The types of restoration proposed by CPRW offer the opportunity to use local timber materials from forest thinning projects, including root balls and tree boles for constructing in-channel grade-control structures, as well as native seed mixes for revegetation. 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? Local forest materials are used for in-channel structures No Environmental Health Summary 13.5 Packet Pg. 170 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 8 Key issues: Minimizes soil erosion to the River, protects health and quality of the River and water supply Potential mitigation strategies: Leaving road in existing footprint, capture and store sediment on hillslopes and keep out of river, improve riparian habitat and fxn Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +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? 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 Any restoration work completed by CPRW will be funded through grants and completed by local contractors 13.5 Packet Pg. 171 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 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? Volunteer opportunities to assist in watershed restoration work through CPRW 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: grant opportunities, volunteer training, local contractors 13.5 Packet Pg. 172 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) 10 Potential mitigation strategies: N/A Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average +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 13.5 Packet Pg. 173 Attachment: Sustainability Assessment Tool (4212 : WTP Harper Easement Request) -1- ORDINANCE NO. 038, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON CITY PROPERTY TO PETER AND CRYSTAL HARPER WHEREAS, the City is the owner of a parcel of land located in Larimer County, Colorado as described on Exhibit “A”, attached and incorporated herein by reference (the “City Property”); and WHEREAS, the City Property is on Highway 14 near the Poudre River, upstream from the City’s Water Treatment Plant #1 property, and was purchased in order to help the City’s water utility manage and protect the quality of the City’s water supply; and WHEREAS, Peter and Crystal Harper (the “Harpers”), who own a parcel of land adjacent to the City Property, recently discovered that the driveway to their property encroaches on the City Property; and WHEREAS, the Harpers have requested an easement from the City that would allow their driveway to remain in the present location, rather than excavate a new driveway; and WHEREAS, City staff has investigated the situation and possible alternatives, and concluded that the present location of the driveway does not increase the erosion risk on the City Property, but excavating a new driveway in an alternate location would create new, significant erosion hazards; and WHEREAS, the proposed access easement is described on Exhibit “B”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the Harpers would pay $500 as compensation for the Easement, as well as a $1,000 fee to cover Real Estate Services time spent processing the easement request; and WHEREAS, in addition, the Harpers have been cooperating with the Coalition for the Poudre River Watershed (CPRW) in allowing post-fire restoration work to be performed on the Harpers’ property, and have also been facilitating discussions between CPRW and other property owners in the same basin area; and WHEREAS, CPRW’s restoration work in this basin will further protect the City’s water supply from erosion, and City staff appreciates the Harpers’ assistance in this regard; and WHEREAS, at its regular meeting on February 18, 2016, the Water Board voted to recommend approval of the Easement to the Harpers; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the Packet Pg. 174 -2- City and, with respect to property that is part of the City’s water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to the Harpers as provided herein is in the best interests of the City, will not materially impair the viability of the City’s water system as a whole, and will be for the benefit of the citizens of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the Harpers on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 175 Exhibit “A” City Property Parcel Number: 08052-00-906 Legal Description (Per County Assessor): E 1/2 OF NW 1/4, NW 1/4 OF NE 1/4; LESS 936-39; ALSO POR SW 1/4 OF NE 1/4 DESC IN 1744-770 1 Packet Pg. 176 Attachment: Exhibit A (4242 : WTP Harper Easement Request ORD) PLS Group a"d.b.a"of"PLS"Corporation" Surveying • Consulting 6843 North Franklin Avenue • Loveland • Colorado 80538 970.669.2100 CO • 970.669.3652 Fax Description: A portion of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado being described as the West 120.00 feet of the South 70.00 feet of the East 187.00 feet of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado, being more particularly described as follows: COMMENCE at the Southeast corner of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado; thence S 88°57’31” W for a distance of 67.00 feet along the South line of said East 1/2 to the POINT OF BEGINNING; thence continue S 88°57’31” W for a distance of 120.00 feet along said South line; thence N 00°48’13” W for a distance of 70.00 feet parallel with the East line of the aforesaid East 1/2 of the Northwest 1/4 of Section 5; thence N 88°57’31” E for a distance of 120.00 feet parallel with aforesaid South line of the East 1/2; thence S 00°48’13” E for a distance of 70.00 feet parallel with aforesaid East line of the East 1/2 to the Point of Beginning; Containing 8,400 square feet, more or less, and being subject to any easements or rights of way of record. This description was created on March 1, 2016 by M. Bryan Short, Licensed Colorado PLS No. 32444. Exhibit B 2 Packet Pg. 177 Attachment: Exhibit B (4242 : WTP Harper Easement Request ORD) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Jason Licon, Airport Director SUBJECT Resolution 2016-025 Approving an Amendment to the Bylaws of the Northern Colorado Regional Airport Commission. EXECUTIVE SUMMARY The purpose of this item is to consider a resolution approving an amendment to the Northern Colorado Regional Airport Commission Bylaws. The amendment will allow formation of subcommittees or work groups to provide research assistance or recommendations to the Commission. STAFF RECOMMENDATION Staff recommends adoption the Resolution. BACKGROUND / DISCUSSION On January 22, 2015 the City of Loveland and the City of Fort Collins approved an Amended and Restated Intergovernmental Agreement (IGA) for the Joint Operation of the Fort Collins-Loveland Airport. Under section 3 of the IGA, the Northern Colorado Regional Airport Commission is authorized to adopt Bylaws governing the responsibilities and duties of the Commission consistent with the Agreement, subject to approval of the City Councils. City Council approved the Commission Bylaws on November 3, 2015, by adoption of Resolution 2015-095. On February 18, 2016, the Northern Colorado Regional Airport Commissioners at a regularly scheduled meeting and public hearing adopted Commission Resolution 1-2016 (Exhibit A to Resolution 2016-025) amending the Bylaws to allow the formation of subcommittees, comprised of Commission members, and work groups comprised of individuals who are not Commission members (with a Commission member liaison), to provide research assistance or recommendations to the Commission. This amendment to the Commission Bylaws is subject to approval of both City Councils. 14 Packet Pg. 178 -1- RESOLUTION 2016-025 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AMENDMENT TO THE BYLAWS OF THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION WHEREAS, the City of Fort Collins (“Fort Collins”) and the City of Loveland (“Loveland”) jointly own, operate and maintain a regional general aviation facility known as the Fort Collins-Loveland Municipal Airport (the “Airport”); and WHEREAS, Fort Collins and Loveland entered into to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January 22, 2015 (the “2015 IGA”), to effectuate changes to the governance structure of the Airport to be in the nature of a “commission” that pursues the development of the Fort Collins-Loveland Airport as a regional airport in Northern Colorado and named that commission the “Northern Colorado Regional Airport Commission” (the “Commission”); and WHEREAS, the Fort Collins City Council approved the 2015 IGA by adoption of Resolution 2015-003 on January 6, 2015; and WHEREAS, the 2015 IGA requires that the Commission adopt bylaws governing the responsibilities of the Commission consistent with the terms of the 2015 IGA and that such bylaws be approved by the Loveland City Council and Fort Collins City Council (jointly, the “Councils”) before going into effect; and WHEREAS, on October 15, 2015, the Commission members, at a duly noticed meeting and pursuant to the 2015 IGA, unanimously adopted the Northern Colorado Regional Airport Commission Bylaws (the “Commission Bylaws”), subject to approval by the Councils; and WHEREAS, on November 3, 2015, the Fort Collins City Council adopted Resolution 2015-095 finding that the Commission Bylaws are consistent with the terms of the 2015 IGA, provide for the orderly operation of the Commission, and are in the best interests of Fort Collins and the Commission and approving the Commission Bylaws; and WHEREAS, on February 18, 2016, the Commission members, at a duly notice meeting adopted Commission Resolution 1-2016, a copy of which it attached hereto as Exhibit “A” and incorporated herein by reference, amending the Commission Bylaws as set forth therein, subject to the approval of the Councils. 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. Packet Pg. 179 -2- Section 2. That the amendment of the Commission Bylaws by the addition of a Section 12 to read as set forth in Commission Resolution 1-206 attached hereto as Exhibit “A” and incorporated herein by reference is hereby approved and shall become effective as of the date on which such Bylaws are approved by both the Fort Collins City Council and by the Loveland City Council. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of March, 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 180 &9)*#*5" 1 Packet Pg. 181 Attachment: Exhibit A (4180 : Airport Amended Bylaws RESO) 1 Packet Pg. 182 Attachment: Exhibit A (4180 : Airport Amended Bylaws RESO) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Judge Kathleen M. Lane, Municipal Judge Carrie Daggett, City Attorney SUBJECT Resolution 2016-028 Authorizing an Intergovernmental Agreement Between the City of Fort Collins and the Town of Windsor for the Exchange of Judicial Services and Appointing a Temporary Judge. EXECUTIVE SUMMARY The purpose of this item is to authorize an intergovernmental agreement with the Town of Windsor for judicial services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal Court case. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On occasion, the Municipal Judge may be prevented from sitting on the bench by reason of personal conflict of interest, illness, vacation, or other reason, and the Assistant Municipal Judge presiding over and conducting the Municipal Court in such event may also be unavailable. Executing an IGA is a cost-effective method of providing for judicial services in the event of an absence of the Municipal Judge. The City Charter gives Council the authority to name the Municipal Judge and any alternate judge. The Resolution authorizes the Mayor to execute the agreement with the Town of Windsor as described in the Resolution. The Resolution names the Windsor Municipal Judge, the Honorable Michael E. Manning, an attorney who is both reputable and qualified to be the Fort Collins Municipal Judge, to provide judicial services to the City in the absence of the current Municipal Judge, through calendar year 2016. The City Attorney’s Office has reviewed public records related to Judge Manning’s status and reputation, and has confirmed his good standing as an attorney in Colorado and his reputation and qualifications. 15 Packet Pg. 183 -1- RESOLUTION 2016-028 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE TOWN OF WINDSOR FOR THE EXCHANGE OF JUDICIAL SERVICES AND APPOINTING A TEMPORARY JUDGE WHEREAS, on occasion, Municipal Judges may be prevented from sitting on the bench by reason of personal conflict of interest, illness, vacation, or other reason, and the Assistant Municipal Judge presiding over and conducting the Municipal Court in such event may also be unavailable; and WHEREAS, in order to provide cost-effective special judicial services to temporarily replace the services of the Municipal Judge in the event of a conflict of interest or other circumstance, the City should cooperatively exchange the services of the City’s Municipal Judge with that of another entity; and WHEREAS, Section 1 of Article VII of the City Charter sets forth the requirements for the appointment of the Municipal Judge and temporary judge; and WHEREAS, the City Council has the authority to designate a reputable and qualified attorney to serve as temporary judge through calendar year 2016; and WHEREAS, the City Council recognizes that Windsor’s Municipal Judge, the Honorable Michael E. Manning, is a reputable and qualified attorney; and WHEREAS, staff has discussed with Windsor representatives the proposed terms of an intergovernmental agreement providing for the exchange of judicial services when needed to temporarily substitute when the City’s or Town’s Municipal Judge and temporary judge are unavailable, including the provision of replacement judicial services and compensation for costs directly incurred to provide such services; and WHEREAS, pursuant to Colorado Revised Statutes Section 29-1-203, governments may cooperate or contract with one another to provide any function service lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Mayor be authorized to execute an intergovernmental agreement between the City and Windsor in support thereof. 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. Packet Pg. 184 -2- Section 2. That City Council hereby authorizes the Mayor to execute an intergovernmental agreement between the City and the Town of Windsor consistent with this Resolution for the purpose of appointing Judge Michael E. Manning as the temporary judge, with such language as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or further the purposes of this Resolution, as set forth above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of March, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 185 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-026 Adopting the 2016 Boards and Commissions Manual. EXECUTIVE SUMMARY The purpose of this item is to adopt the amended Board and Commission Manual in its entirety. Specific changes include a new Periodic Review Procedure and a trial period of one year to modify Work Plan due dates from November 30 to September 30. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The City Clerk’s Office annually distributes a manual for members of boards and commissions, which include general guidelines and expectations of each board and commission, meeting responsibilities, conflict of interest guidelines, appeal procedures, attendance policies and meeting schedules. On February 20, 2001, Council adopted Resolution 2001-026, adopting the 2001 Boards and Commissions Manual. Since that time, revisions to the Manual have been approved through the adoption of Resolutions to amend the Manual. Changes to procedures since 2001 are significant and staff recommends adoption of the 2016 Boards and Commissions Manual in its entirety. SIGNIFICANT CHANGES Periodic Review Process – Reviews will be conducted at a regularly scheduled board meeting with their Council liaison in June or July (rather than having reviews occur at Council Work Session). At the September 21, 2015 Leadership Planning Team (LPT) meeting, this process improvement was discussed to enhance dialog between Council and Board members, time efficiency and transparency. The Council liaison will provide a brief oral report under Councilmember Reports at the following Council meeting. City Clerk staff discussed this new approach with Board and Commission members at the February 18 “Super Issue” meeting and received positive feedback to making this change. Work Plan – Modify the due date from November 30 to September 30, for one year so that Boards and Commissions can include consideration of Council priorities adopted in June or July. If the change in the due date is deemed beneficial it will be Codified for ensuing years. ADMINISTRATIVE CHANGES Meeting definition – Inclusion is to clarify attendance and notice posting requirements. Clarification regarding Minutes for guidance to include member names in the record. Description to the functions of Landmark Preservation Commission and Parking Advisory Board. 16 Packet Pg. 186 Agenda Item 16 Item # 16 Page 2 SUMMARY OF CHANGES SINCE FEBRUARY 20, 2001 (excluding above): Resolution 2002-007–Inclusion of Subsections “Conduct of Meetings” and “Quorum Requirements” Resolution 2002-062–Amendments to Membership Limitations, Preparation of Minutes and establishing policies related to the recruitment and appointment process. Resolution 2004-055–Amendment clarifying membership limitations and residency requirements. Resolution 2004-144–Amendment regarding Public Input during Board and Commission Meetings. Resolution 2008-011–Amendment to “Quorum Requirements” to allow more flexibility for non-quasi- judicial portion of Board and Commission meetings. Resolution 2013-091–Amendment to eliminate the requirement that all Board and Commission members must be registered to vote. Resolution 2014-105–Alignment of Boards and Commissions to the seven key outcome areas. Periodic Reviews of each board every four years on a rotating schedule according to primary connection to the key outcome. Ordinance No. 122, 2015-Amendment to allow Board and Commission members to participate in the review, discussion and advisement to Council regarding any policy or program matter which engages a cross-section of board and commission members on broader policies issues and interests of the City (to cover member participation in “Super Issue” meetings). 16 Packet Pg. 187 -1- RESOLUTION 2016-026 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2016 BOARDS AND COMMISSIONS MANUAL WHEREAS, the City currently has several boards and commissions appointed by the City Council; and WHEREAS, the City Clerk’s Office annually prepares a manual for members of boards and commissions which includes membership lists, descriptions of each board and commission, meeting schedules, conflict of interest guidelines, appeal procedures, and general information regarding membership limitations, attendance policies, and other responsibilities; and WHEREAS, on February 20, 2001, City Council adopted Resolution 2001-026, adopting the 2001 Boards and Commissions Manual; and WHEREAS, since February 20, 2001, several revisions to Resolution 2001-026 have been adopted to approve minor policy changes to the manual regarding conduct of meetings, quorum requirements, membership limitations, minutes, recruitment and appointment process and public input; and WHEREAS, the City Clerk has prepared an updated manual to incorporate these various revisions, a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference (the “2016 Boards and Commissions Manual”); and WHEREAS, the City Council wishes to adopt the 2016 Boards and Commissions Manual in order to formalize the new guidelines and policies contained within the manual; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the 2016 Boards and Commissions Manual attached hereto as Exhibit “A” is hereby adopted. Section 3. That the City Clerk’s Office is authorized to make such administrative revisions to the manual as may be necessary to keep the same current, including, without limitation, changes in the membership lists, meeting times and places, and such other changes as may be consistent with related resolutions and ordinances which are, from time to time, adopted by the Council. Such revisions may be made without express approval of the City Council, except as provided in Section 4 below. Section 4. That amendments to the manual which constitute policy changes shall be made by the Council by Resolution. Packet Pg. 188 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of March, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 189 EXHIBIT A 1 Packet Pg. 190 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 3 City Council Wade Troxell, Mayor Gerry Horak, Mayor Pro Tem, District 6 Bob Overbeck, District 1 Ray Martinez, District 2 Gino Campana, District 3 Kristin Stephens, District 4 Ross Cunniff, District 5 City Manager Darin Atteberry City Attorney Carrie Daggett City Clerk Wanda Winkelmann Boards and Commissions Coordinator Christine Macrina 1 Packet Pg. 191 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 4 Table of Contents GUIDELINES FOR BOARD AND COMMISSION MEMBERS......................................... 4 INTRODUCTION TO CITY GOVERNMENT .................................................................... 6 GENERAL INFORMATION .............................................................................................. 7 General Provisions................................................................................................. 7 Boards and Commissions Yearly Planning Calendar ............................................ 8 Membership Limitations ......................................................................................... 9 Attendance Policy .................................................................................................. 9 Vacancies ............................................................................................................ 10 Election of Officers............................................................................................... 10 Staff Liaison Role................................................................................................. 10 Council Liaison Role ............................................................................................ 12 Orientation and Training ...................................................................................... 13 Budget ................................................................................................................. 13 Bylaws ................................................................................................................. 13 Periodic Review ................................................................................................... 14 Annual Reports .................................................................................................... 17 Work Plans .......................................................................................................... 17 MEETING RESPONSIBILITIES ..................................................................................... 18 Conduct of Meetings ............................................................................................ 18 Public Input .......................................................................................................... 18 Open Meetings..................................................................................................... 18 Notice Requirement ............................................................................................. 19 Quorum Requirements......................................................................................... 19 Minutes ................................................................................................................ 19 Executive Sessions.............................................................................................. 22 CONFLICT OF INTEREST GUIDELINES ...................................................................... 24 APPEALS PROCEDURE ............................................................................................... 28 TYPES OF BOARDS AND COMMISSIONS .................................................................. 29 BOARDS AND COMMISSIONS FUNCTIONS............................................................... 30 MEETING TIMES ........................................................................................................... 37 1 Packet Pg. 192 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 5 GUIDELINES FOR BOARD AND COMMISSION MEMBERS Welcome Welcome to the City of Fort Collins! Your selection as an active member of a board or commission provides you with a valuable opportunity for genuine public service and we thank you for your contribution. Although the specific duties of each board and commission vary widely, there are certain responsibilities common to all board and commission members. These guidelines will assist you in maximizing your contribution to our community. Representation of a Board or Commission As an individual member of a board or commission, you must not represent your own views or recommendations as those of the board or commission unless the majority of the body has officially voted to approve such action. Board or commission members making recommendations or expressing views which have not been approved by a majority of the board should indicate they are expressing individual opinions and are not speaking on behalf of the board or the City. Public statements should not contain promises that may be construed to be binding on a board or commission, staff, or the City Council. When making a public statement, members should remind listeners that board actions are recommendations (unless otherwise provided by law) and that final action will be taken by the City Council. Remember that your actions and statements as a board or commission member assume special significance, and if not responsibly discharged, could result in a situation detrimental to the City’s best interests. Although board and commission members may be selected, in part, on the basis of representing specific interest groups, each member should represent the overall public good and not that of an exclusive group or interest. Relationship with Other Members On many occasions, the success or failure of the efforts of a board or commission is dependent upon the degree of cooperation evident among the individual members of the body. We encourage you to keep the following points in mind in your interactions with other members: Show respect for another’s viewpoint. Allow others adequate time to present their views fully before making comments. Be open and honest. Welcome new members and help them become acquainted with their duties. Strive to minimize political action among members. 1 Packet Pg. 193 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 6 CHARGE: A Checklist for Effectiveness C – Charter Am I familiar with . . . The Charter of the City of Fort Collins in general? The specific function of my board or commission, as outlined in the City Code? What my fellow board members and I expect to achieve for the community? The name of the Council liaison and staff liaison to my board or commission? H – Hierarchy Do I understand . . . How my board or commission’s work affects the community? The scope of authority of my board or commission? The role of my board’s staff liaison, Council liaison and chair? My role as a board or commission member? A – Accountability Do I understand . . . My board or commission’s liability and my own liability as an individual member? What constitutes a conflict of interest? Exactly how the law requires that a conflict of interest be handled? My board’s accountability to the public? R – Responsibility Do I . . . Attend all board and commission meetings? Prepare for the meetings by studying the agenda and supplemental materials ahead of time? Complete the tasks I have volunteered to take on? Know what responsibilities each of us, as individual board members, has to our board colleagues? G – Goals Do I know . . . My board or commission’s goals for the next 12 months? What tasks must be completed to reach each of our goals? Deadlines for the tasks for which I’m responsible? E – Evaluation Have I . . . Discussed with other members and staff what our board or commission can do to improve our performance? 1 Packet Pg. 194 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 7 INTRODUCTION TO CITY GOVERNMENT City Council The Fort Collins City Council is composed of six district Councilmembers who are elected on a nonpartisan basis for a term of four years, and a Mayor who is elected at-large for a two-year term. The Mayor Pro Tem is chosen from among the entire Council and serves a term of two years. City Council serves as the community’s legislative body, having responsibilities for enacting City ordinances, appropriating funds to conduct City business, and providing policy direction to City staff. By provision of the City Charter, City Councilmembers are specifically prohibited from giving direction to any of the City staff members, except for the City Manager, City Attorney, and Municipal Judge. City Manager The City of Fort Collins operates within a council-manager form of government. The City Manager is the chief executive officer of the City and is responsible for the overall management of City operations. Functions of the City Manager include: Implement policy decisions and legislative actions taken by the City Council Make recommendations to City Council Oversee the operations of the City Prepare the City budget Council Manager Form of Government City Council City Manager Responsible for: Policy Decisions Day-to-day operations Hires and Supervises: City Manager City Attorney Municipal Judge All other City staff members/employees 1 Packet Pg. 195 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 8 GENERAL INFORMATION General Provisions Details about boards and commissions may be found in Article III, Chapter 2 of the City Code. The City Council may, by ordinance, establish appointive boards and commissions to advise the Council on various issues and perform functions as the Council may designate. The ordinance establishing each board or commission prescribes the powers, duties, and operating procedures of the board or commission; and establishes the terms of office of the board or commission members, including initial overlapping terms. In addition to the duties and functions specified in the City Code for any particular board or commission, boards and commissions are authorized to participate on a case-by-case basis in the review, discussion and advisement of Council regarding any policy or program matter, upon the request of the City Council or the City Manager. Participation Includes “Super Issue” meetings which engage a cross-section of board and commission members in discussions of broader policies issues and interests of the City, to further enhance the efficiency and effectiveness of City operations. All board and commission members are subject to removal by the Council with or without cause. Any vacancy during the unexpired term of any member is filled by the Council for the remainder of the term. Each board and commission shall choose its own officers from among its members. The Council may change any or all of the powers, duties and procedures of any board or commission and may abolish any board or commission which is not required by the Charter or law. A calendar summarizing annual deadlines and functions follows: 1 Packet Pg. 196 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 9 Boards and Commissions Yearly Planning Calendar Board/Commission Deadlines January Annual Report due January 31 Onboarding of new members February Election of officers (February or March) March Election of officers (February or March) April Schedule Periodic Review to meet June or July deadline (NOTE: This is required once every 4 years per board – Clerk’s Office will contact affected boards) May June Periodic Reviews Due (June or July) (NOTE: This is required once every 4 years per board – Clerk’s Office will contact affected boards) July Periodic Reviews Due (June or July) (NOTE: This is required once every 4 years per board – Clerk’s Office will contact affected boards) Review adopted Council Policy August Begin creating or modifying Work Plans September Work Plan due September 30 October November Annual Appreciation Event December Begin working on the Annual Report Note: This calendar is not meant to be all-inclusive. Mid-year vacancy interviews are conducted as needed. 1 Packet Pg. 197 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 10 Membership Limitations The following limitations and requirements are applied to board and commission membership: No person may serve on any one board or commission for more than two complete terms. For the purpose of this provision, the balance of an unexpired term served by a person appointed to fill a vacancy shall be considered a “complete term” if such unexpired term exceeds 24 months. No person will be appointed by the City Council to serve concurrently on more than one board or commission. This limitation does not apply to committees deemed to be temporary in nature. Employees may not serve on any board or commission appointed by City Council, except the Retirement Committee. This restriction shall not apply to “Hourly with no Benefits” employees, provided that such employees do not serve on a board or commission which, in the judgment of the City Manager, directly affects the terms, conditions, or benefits of employment of any City employee. “Hourly with No Benefits” employees are required to obtain the written authorization of the City Manager prior to serving or continuing to serve on a board or commission. All persons appointed, or reappointed, to any board or commission shall have resided within the Fort Collins Growth Management Area for at least one year. Any member serving on a board or commission who relocates outside of the Growth Management Area during his or her term of service on a board or commission, regardless of his or her date of appointment or reappointment, shall resign his or her membership. These limitations shall not apply to applicants for or members of the General Employees Retirement Committee. Attendance Policy Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If a member experiences recurring attendance problems, the chair of the board or commission (of if the chair is the person experiencing the attendance problems, then the vice chair) should contact the Boards and Commissions Coordinator located in the City Clerk’s Office, so that he or she can work with the Council liaison to the affected board or commission to address the issue. Either of the following shall automatically cause a member’s appointment to be terminated, and shall create a vacancy on the board or commission: Three consecutive absences from regularly scheduled meetings of the board, if prior to the meetings where the absences occurred, no written notification of any such absence has been submitted to the staff liaison or the chair or, if the chair is the person experiencing the attendance problems, then to the vice chair. Four absences from regularly scheduled meetings of the board in any calendar year, without written notification to the staff liaison or the chair or, if the chair is the person experiencing the attendance problems, then to the vice chair. In the event that a vacancy occurs by reason of this policy, the staff liaison and the chair of the affected board or commission or, if the vacancy has occurred by reason of repeated absences 1 Packet Pg. 198 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 11 of the chair, then the vice chair, shall immediately notify the Boards and Commissions Coordinator so that the vacancy can be filled by the Council. Meeting shall mean any gathering of a quorum or three (3) or more members, whichever is fewer, of any board or commission of the City, or any committee of such board or commission, at which any public business is discussed or at which any formal action may be taken, but shall not mean any chance meeting or social gathering at which the discussion of public business is not the central purpose. (City Code § 2-71) Vacancies Staff liaisons are responsible for notifying the City Clerk’s Office when a member resigns or a vacancy exists for other reasons. The City Clerk’s Office will work with the appropriate Council liaison to fill the vacancy. Council will appoint replacements by official resolution as needed. The City Clerk’s Office will notify the staff liaison of appointments. Election of Officers The election of officers should be held each year during the regular meeting in February or March. This time frame follows the annual appointment of new members. It is suggested that new board members attend at least one meeting prior to election of officers taking place. Staff liaisons must notify the City Clerk’s Office when new officers are elected. Staff Liaison Role Staff support is available to boards and commissions through the various staff members assigned as liaisons to help each group. The boards and commissions staff liaison is responsible for the following: Upload yearly meeting dates to Event Calendar on fcgov.com. Upload current meeting agenda to fcgov.com. Prepare the agenda and review it with the chair prior to distribution. Distribute the agenda packet. Ensure the recording and distribution of meeting minutes. The length and content of minutes will vary with the needs and legal requirements of each board and shall include minimum requirements listed under “Meeting Responsibilities” in this Manual. Minutes distribution: e-mail pdf of signed/approved copy to the Boards and Commissions Coordinator Handle logistics regarding meeting scheduling, setup and public notification. When appropriate, review the proposed Council Policy Agenda with the board. 1 Packet Pg. 199 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 12 Coordinate the board’s annual work plan: Gather input from staff and board members Include items on the Council Policy Agenda Ensure work plan is scheduled and discussed with board at least one month prior to submission deadline Ensure that the Service Area Director is familiar with the board’s work plan and staff resources needed for implementation. Submit final work plan to City Clerk on or before September 30 Ensure the board’s annual report is prepared and submitted to the City Clerk in accordance with report guidelines. Inform the board when the budget cycle occurs and explain the board’s opportunities to provide input. Ensure new members are oriented to the board, including procedures and projects. Prepare annual attendance record and submit to the City Clerk when requested. At the direction of the Service Area Director, coordinate response to miscellaneous service requests raised during the course of a board or commission meeting. If the board/commission desires to have bylaws, work with members and City Attorney’s Office to write bylaws and send an original to the City Clerk after formal adoption by the board. Ensure the election of officers is held during February or March of each year. Inform the Boards and Commissions Coordinator of the results of each election. At the request of the Boards and Commissions Coordinator, provide information to the board/commission regarding policy changes and distribute updated information to all members. Work with the City Attorney’s and City Clerk’s Offices to write Agenda Item Summary for any changes to the functions, duties or membership as written in the City Code. Advise the Boards and Commissions Coordinator of the following: • Attendance problems • Resignations • Meeting schedule/location changes • Name/address/phone number changes for board members • Staff/name/title/phone number changes for staff liaisons It should be noted that staff liaisons are not authorized to: Override a decision of the Council liaison (regarding a request by the board). Serve as a resource for projects not on the board’s work plan. 1 Packet Pg. 200 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 13 Serve as a communications link between the City Council and board members. (This is the role of the Council liaison.) In order to initiate and dedicate staff time to policy investigation, consideration of an ordinance or other significant projects not on the board’s work plan: The request must be supported by a majority of the entire board or commission. If a majority agrees, the board should first contact the City Manager and Council liaison. The City Manager and Council liaison will work with the board to seek direction from the Council subcommittee or the full Council on the appropriateness of the request and will provide direction on whether or not staff should proceed. From time to time, staff liaisons may prepare memorandums to Council at the request of the board or commission. These communications are sent directly to Council. It is the responsibility of Council to respond directly to the board or commission if Council so chooses. The staff liaison is not responsible to monitor or ensure a response from the Council. Council Liaison Role Every two years, following the election of Councilmembers, the Council selects its liaisons to the boards and commissions. The role of Council liaisons is defined by Resolution 2000-076 as follows: Will communicate with the board or commission when needed and serve as the primary two-way communications channel between Council and the board or commission. Will takes the lead in filling vacancies, reviewing applications, and interviewing candidates for the board or commission. Serve as the primary informal Council contact for the board or commission. Help resolve questions the board or commission may have about the role of Council, municipal government, and the board or commission. Establishes formal or informal contact with the chair of the board or commission and effectively communicate the role of the liaison. To provide procedural direction and relay Council’s positions 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. To serve as Council contact rather than an advocate for or ex-officio member of the board or commission. Conduct a periodic review with their respective board or commission at a regular meeting according to the schedule outlined in this manual. Review the annual work plan of the board or commission and make recommendations to the City Council regarding the work plan. 1 Packet Pg. 201 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 14 Identify and help resolve any problems that may exist with respect to the functioning of the board or commission. 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. Council liaisons do not normally attend monthly meetings of the boards and commissions. Liaisons are informed of boards and commissions activities through agendas and minutes, work plans, and annual reports. Liaisons may attend a meeting due to an interest in a specific agenda topic, or may “pop in” to observe. Attendance by a Council liaison should not affect the normal structure of a board meeting. Attention should not be focused on the Council liaison and his or her input. If Council liaison participation is critical to a particular item, a direct invitation should be made to the Council liaison, explaining why participation is deemed to be critical. If appropriate, discuss with the liaison prior to the meeting what expectations are and whether the liaison can meet those expectations. Orientation and Training City staff provides yearly training with regard to the structure and operation of City government and the legal and ethical duties and responsibilities of board and commission members. All members of City boards and commissions are required to attend the training, either in person or in such other fashion as the City Manager and City Attorney may deem appropriate (such as viewing a training video). This requirement must be fulfilled within six months of the appointment of any member. Record of compliance with this requirement will be maintained in the office of the City Clerk and retained for at least two years following the expiration of each board and commission member's term of office. Additionally, staff liaisons should provide new board members with pertinent materials which will assist new members in becoming fully functioning members of the board. Established board members are encouraged to share their experience and knowledge with new members. Budget Generally, budgets are not established for boards and commissions. However, funds necessary for the routine business of boards and commissions are included in the departmental budget for each City department which provides staff support to a board or commission. Bylaws The City Code provides that all boards and commissions may adopt bylaws which are not inconsistent with the Charter, the Code or other policies that may be established by the Council. A copy of the bylaws must be filed with the City Clerk for the use of the City Council immediately after adoption by the board and they may be subject to the approval of the City Council. 1 Packet Pg. 202 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 15 Periodic Review A periodic review will be conducted for all boards and commissions with their respective Council liaison at a regular meeting of the board or commission. The initial review dates will be staggered, and thereafter, each board or commission will be reviewed every six four years according to their primary alignment with a Key Outcome Area, as outlined in the matrix on the following page. A review schedule is provided below. The questions to be addressed in the board’s self-assessment are included in the Periodic Review Questionnaire at the end of this section. The City Clerk’s Office will send a self-assessment questionnaire to the staff liaison of each board or commission, along with a schedule indicating the submission deadline. Periodic Review Schedule: 2016 Culture and Recreation, Transportation • Cultural Resources Board, Golf Board, Parks and Recreation Board, Youth Advisory Board, Transportation Board 2017 Economic Health, Safe Community • Art in Public Places Board, Building Review Board, Citizen Review Board, Economic Advisory Commission, Parking Advisory Board, Planning and Zoning Board 2018 Environmental Health, High Performing Government • Air Quality Advisory Board, Energy Board, Land Conservation Stewardship Board, Natural Resources Advisory Board, Retirement Committee, Water Board 2019 Community and Neighborhood Livability • Affordable Housing Board, Commission on Disability, Community Development Block Grant Commission, Human Relations Commission, Landmark Preservation Commission, Senior Advisory Board, Women’s Commission, Zoning Board of Appeals 1 Packet Pg. 203 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) Affordable Housing Board Cultural Resources Board Art in Public Places Board Air Quality Advisory Board Retirement Committee Citizen Review Board Transportation Board Commission on Disability Golf Board Building Review Board Energy Board Community Development Block Grant Commission Building Review Board Air Quality Advisory Board Community Development Block Grant Commission Parks and Recreation Board Economic Advisory Commission Land Conservation Stewardship Board Zoning Board of Appeals Human Relations Commission Commission on Disability Human Relations Commission Youth Advisory Board Parking Advisory Board Natural Resources Advisory Board Citizen Review Board Water Board Senior Advisory Board Landmark Preservation Commission Land Conservation Stewardship Board Planning and Zoning Board Water Board Human Relations Commission Women’s Commission Affordable Housing Board Senior Advisory Board Natural Resources Advisory Board Affordable Housing Board Parks and Recreation Board Youth Advisory Board Natural Resources Advisory Board Women’s Commission Art in Public Places Board Cultural Resources Board Building Review Board Commission on Disability Parking Advisory Board Zoning Board of Appeals Landmark Preservation Commission Landmark Preservation Commission Energy Board Youth Advisory Board Art in Public Places Board Transportation Board Planning and Zoning Board Transportation Board 15 BOARD AND COMMISSION PERIODIC REVIEW QUESTIONNAIRE BOARD/COMMISSION NAME: DATE PREPARED: LIST OF MEMBERS: 1. Chair 7. 2. Vice Chair 8. 3. 9. 4. 10. 5. 11. 6. 12. 1. Please indicate the Key Outcome Areas this Board/Commission is aligned with, using (1) for the primary connection, (2) for second largest connection, and (3) for third connection: Community and Neighborhood Livability Culture and Recreation Economic Health Environmental Health High Performing Government Safe Community Transportation 2. How do the current duties of the board, as defined by City Code, align with the Key Outcome Areas identified above? What duties would you suggest be added and/or deleted? 3. Regarding the board’s annual Work Plan: A. How is the Work Plan aligned with the Key Outcome(s) identified above? B. How is the Work Plan aligned with the City’s Strategic Plan? C. How is the Work Plan aligned with the Agenda Planning Calendar (Six Month Calendar)? 1 Packet Pg. 205 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 16 D. Does the board effectively accomplish its annual Work Plan? 4. Are board meetings conducted in an effective manner (do the meetings start on time? Are discussions focused around the agenda topic, etc.)? What could be done to improve board meetings? 5. Is the current size of the board appropriate? If not, what suggestions would you make? 6. Please describe the effectiveness of the communications between the board and Council. What could be done to improve these communications? 7. Other comments: Attachments: City Code description of duties Current Work Plan Current Annual Report Current Bylaws 1 Packet Pg. 206 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 17 Annual Reports Each board and commission is required, by City Code, to prepare an annual report on or before January 31 of each year for the previous year. Annual reports should directly correspond to the work plan prepared by the board or commission for the year. The status of each item identified on the work plan should be included, along with other items of business conducted by the board or commission. Annual reports are filed with the City Clerk for distribution to the City Council. Work Plans The City Code requires all boards and commissions to file work plans on or before September 30 for the following year. Work plans are filed with the City Clerk. Work plans should set out major projects and issues for discussion for the following year. Timelines and scope of review should be provided when possible. If appropriate, an estimate of action to be taken should be included. Work plans should be concise and easily readable. The City Council will review the work plan for each board and commission. The following table includes the deadlines and action needed to complete the work plan review process: WORK PLAN DEADLINES ACTIONS September 30 Work plans for boards and commissions must be filed with City Clerk Second Thursday in October City Clerk forwards specific work plans with comment forms to Council liaisons Approximately 2 weeks after Clerk distributes work plans with comment forms Council liaison comments due back to City Clerk Early November City Clerk circulates all work plans with Council liaison comments to City Council Second City Council meeting in November Councilmembers propose amendments to work plans pursuant to previously established policy for initiating and developing Council ordinances and resolutions. (Support of 3 Councilmembers needed to initiate item.) First City Council meeting in December Council consideration of resolution to make amendments (if any) to work plans. 1 Packet Pg. 207 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 18 MEETING RESPONSIBILITIES Conduct of Meetings It is important that boards and commissions conduct their meetings in a manner that is procedurally correct. It is recommended that boards and commissions follow the procedures for the conduct of meetings as established in Robert’s Rules of Order, Newly Revised be followed, however, the chairs of City boards and commissions shall be permitted to participate in the debate of matters presented to such boards and commissions and shall also be permitted to vote on all motions made by members of such boards and commissions, to the same extent and with the same effect as other members. These rules of procedure may also be further modified by each board or commission, upon majority vote, if the board or commission believes that such modification would enable it to better meet its responsibilities under the Code or Charter and fulfill its functions. Additionally, in those instances where Robert’s Rules of Order may be inconsistent with the provisions of the City Charter, the ordinances of the City, or this Manual, the Charter, ordinances, and this Manual shall take precedence. Public Input Each board or commission shall, at or near the beginning of each of its regular meetings, afford members of the public an opportunity to speak to any matter coming within the purview of the board or commission, regardless of whether such matter is scheduled for consideration at that particular meeting. Time limitations may be imposed by the chair of the board or commission on such public input as necessary to conduct the business of the board or commission in a timely and efficient manner. Open Meetings The City Code specifically requires that all meetings of a board or commission, and all meetings of any committee of a board or commission, shall be open to the public at all times, except when the board or commission is meeting in a validly convened executive session. The term “meeting” is defined as a gathering of a quorum or three or more members, whichever is fewer, of any board or commission, or any committee of such board or commission, at which any public business is discussed or at which any formal action may be taken. It is important to remember that the open meeting requirements apply to more than just in-person gatherings. They also apply to telephone conference calls, electronic “chat room” conferences, or any other means of communication where conference-like communication can occur. However, the term “meeting” does not include a chance meeting or social gathering at which the discussion of public business is not the central purpose. 1 Packet Pg. 208 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 19 Notice Requirement The notice requirement for meetings is slightly different from the public openness requirement. Full and timely notice to the public must be given prior to the holding of any meeting of a board or commission (or committee of a board or commission) at which a majority or quorum is in attendance or is expected to be in attendance or at which formal action could be taken. Therefore, a gathering of three members of a seven member board to discuss board business would be open to the public but there would be no notice requirement if a quorum of the board was not expected to be in attendance and no formal action to occur. The City Code defines full and timely notice for regularly scheduled meetings as providing a statement with the City Clerk’s Office with the regular meeting dates, times and locations. For special meetings, irregularly scheduled meetings, or rescheduled meetings, notice of the meeting must be filed with the City Clerk’s Office and posted in the vestibule at the south entrance of City Hall West, 300 LaPorte Avenue at least 24 hours before the time of the meeting. The City Code provides that the chair is responsible for the posting. Quorum Requirements In order for a board or commission to conduct any business or take any formal action, it is necessary that a quorum of the membership be present at the meeting. A quorum consists of the majority of the total number of members specified by the City Code to comprise the board or commission. This quorum requirement does not change even if a position on the board or commission is vacant and the City Council has not appointed a replacement. In the event that a quorum is not present for a meeting, those present can adjourn the meeting to a later date and time. Unless otherwise provided in the board or commission bylaws or City Code, members present at the meeting by speaker phone shall be counted toward establishing a quorum, and may participate and vote in non-quasi-judicial portions of meetings. Attendance by speaker phone for purposes of establishing a quorum or participating and voting in the meeting is not permissible in quasi-judicial portions of meetings. The quorum for the Youth Advisory Board shall consist of three (3) members for a five (5) member Board or four (4) members for a Board consisting of six (6) to nine (9) members. The quorum for a board or commission subcommittee shall be a majority of those appointed to the subcommittee unless the Charter, City Code, or the board or commission establishing the subcommittee specifies otherwise. Minutes Minutes must be taken at any meeting of a board or commission (or committee of a board or commission) at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur. The minutes must be open to public inspection and a copy must be filed with the City Clerk upon approval. Section 2-73 of the City Code requires that approval of minutes shall occur no later than the next regular meeting of the board, commission or committee, except in those instances when an audio or video recording has been made and maintained. Discussions that occur in an executive session shall be subject to the same audio recording requirements and related procedures and regulations as are contained in §2-33 of the City Code pertaining to executive sessions of the City Council and its committees. The minutes of a meeting during which an executive session is held shall reflect the topic of the discussion at the executive session. 1 Packet Pg. 209 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 20 Except with regard to the documentation of executive sessions, state law and City Code do not prescribe the level of detail to be contained in the minutes. As provided in the City Code, minutes of executive sessions are not taken. However, the City Code does require that the executive session be electronically recorded in most circumstances (see “Executive Sessions” for more details). At a minimum, the minutes of a meeting should contain the following information: Date, time and location of the meeting. Listing of members present and a statement that such members constituted a quorum. General outline of each major topic discussed, considered, and the outcome. Comments of individual board members which illustrate the individuals viewpoints and opinions. Verbatim (to the extent possible) recital of all motions along with the recording of how each member voted on each motion. Statements made by individual board members in explanation of their vote. (Note: it is especially important that board members state, and the minutes reflect, reasons for dissenting opinions.) Detailed recital of all formal action taken. If a motion is made to go into executive session, the minutes must reflect the topic for the executive session in as much detail as possible without compromising the purpose for which the executive session is held. The specific citation to the provision of the City Code that authorizes the board or commission to meet in executive session, as well as the vote on the motion, must be carefully documented. (See next section on executive sessions.) Additionally, the time of convening and adjourning the executive session should be noted. Time of adjournment. In situations where the board or commission is acting in a quasi-judicial manner or is otherwise conducting an important or controversial meeting, the minutes of a meeting may not be sufficient to adequately record the events of the meeting. In those situations, City staff or the City Attorney’s Office may recommend that the meeting be electronically recorded or recorded with the assistance of a court reporter. Even in this situation, minutes should still be taken as the electronic recording or stenographer’s notes may never be transcribed. Approval of Minutes Any additions, deletions, or corrections to the minutes should be presented by board and staff members. A motion should be made and seconded to approve the minutes of the last meeting as amended. The approved minutes should be signed by the chair and secretary of the board or commission. 1 Packet Pg. 210 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 21 Discussion Items While the minutes should be as accurate as possible, the secretary is not required to record every remark made at the meeting. The secretary should not make the minutes a verbatim transcript. The minutes should include a description of each item being discussed. Listing questions and answers during discussion of each item is not necessary; however, comments that summarize board member positions on each item should be included as support for each board member’s vote on each issue. The exact wording of any motion made should be included in the minutes, and the maker and second of the motion should be noted. If the motion is approved or defeated unanimously, such should be noted. If the vote on a motion is split, the record should reflect those voting in favor of the motion and those voting against the motion. Board member names are not to be listed with specific comments, with the exception of listing specific names with nay votes on motions. The members name must be listed along with the reason for the nay vote. (NOTE: Special matters such as annexation and zoning hearings may require considerably more detail. Items being forwarded for City Council consideration should also include more detail.) Adjournment Recording adjournment of a meeting in the minutes is advisable, since it indicates whether the meeting was finally adjourned, or adjourned to another time prior to the next regular meeting. The adjournment should specify the time the meeting was adjourned to a later date and hour. The Chair may adjourn the meeting by declaration. Filing and Distribution of Minutes Written minutes of board and commission meetings are considered permanent records of the municipality. The Code of the City of Fort Collins requires boards and commissions to file minutes with the City Clerk for incorporation into the records of the municipality. After minutes have been approved, send: E-mail pdf of signed/approved minutes to the Boards and Commissions Coordinator (as required by City Code). The Clerk’s Office will distribute to Council Liaisons, scan into CityDocs, and filed in Central Records. Electronic recordings do not take the place of written minutes and should be used only in preparation of minutes. It is recommended that electronic recordings of meetings be retained at least until the minutes are approved, and ideally for 2 to 3 months. Minutes shall be taken of any meeting of any board or commission of the City, or any committee of such board or commission, at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or could occur. Such minutes shall be open to public inspection and shall be filed with the City Clerk upon approval by such board, commission or committee. Such approval shall occur no later than the next regular meeting of the board, commission or committee, except in those instances when an audio or video recording has been made and maintained by the City of the board, commission or committee meeting which is the subject of the minutes. The minutes of a meeting during which an executive session is held shall reflect the general topic of the discussion at the executive session. 1 Packet Pg. 211 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 22 Executive Sessions The holding of an executive session is the only time that a meeting of a board or commission may lawfully be conducted privately. Because of the strong interest in maintaining an open and public government, the City Code and the courts have strictly limited the use of executive sessions to certain prescribed situations. For most boards and commissions, the use of executive sessions is a rare event and board and commission members are encouraged to obtain advice in advance from City staff and the City Attorney’s Office if they contemplate requesting such a session. The City Code provides that any board or commission, upon the affirmative vote of 2/3 of the quorum present, may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session, insofar as such matters may be pertinent to the purposes for which the board or commission has been established. The permissible purposes are generally as follows: Meetings with the City Attorney or other attorneys representing the City regarding litigation or potential litigation involving the City and/or the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed revisions of federal, state or local law. (City Code §2-31(a)(2)) Consideration of actual or hypothetical situations involving potential conflicts of interests with individual board or commission members, provided that no executive session shall be held for the purpose of concealing the fact that a member has a financial or personal interest in the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest from the City. (City Code §2-31(a)(1)c) Consideration of water and real property acquisitions and sales by the City, restricted to consideration of appraisals and other value estimates and the consideration of strategy for the acquisition or sale of such property. (City Code §2-31(a)(3)) Personnel matters (unless the employee who is the subject of the session has requested an open meeting). This exception does not apply to the discussion of matters pertaining to board or commission members or to personnel policies that do not require the discussion of matters personal to particular employees. (City Code §2-31(a)(1)a,b,&d) Consideration of electric utility matters if such matters pertain to issues of competition in the electric utility industry. (City Code §2-31(a)(4)) Additionally, the City’s pension boards may go into executive session for the purpose of reviewing pension applications, medical records, personnel records and reports and discussing pending as well as previously granted pensions with board attorneys. (City Code §2-71(d)(1)). The Citizen Review Board review subcommittees may go into executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by Police Services (City Code§2-71(d)(2)). A motion to go into an executive session must contain a statement as to the topic for the executive session. The statement as to the topic for the executive session must provide as much detail as possible without compromising the purpose for which the executive session is to 1 Packet Pg. 212 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 23 be held. However, it is not necessary or advisable to identify a confidential component of the topic, such as the specific individual or specific property that the executive session will concern. Additionally the motion to go into an executive session must specifically cite the provision of the City Code that authorizes the board or commission to meet in executive session. An example of a valid motion to go into an executive session is as follows: “As authorized by City Code Section 2-31(a)(2), I move to go into executive session for the purpose of meeting with the City Attorney to receive legal advice regarding potential litigation and the manner in which the board’s action may be affected by existing law.” In order to convene an executive session, it is necessary that the motion to do so be made at an open and validly convened regular or special meeting of the board or commission. The motion must be approved by not less than two-thirds (2/3) of the quorum present at the meeting. The minutes of the regular or special meeting must specifically reflect the motion, the topic of the proposed executive session, the specific citation of the City Code authorizing the executive session, and the vote upon the motion. An audio recording must be made of all discussions that occur in an executive session, except those discussions that constitute a privileged attorney-client communication. In that attorney- client situation, a recording need not be made so long as the attorney is present at the executive session and the audio recording of the executive session discussion reflects the fact that no further record was kept of the discussion based on the opinion of said attorney that the discussion constitutes a privileged attorney-client communication. The board or commission may choose to record the privileged attorney-client communication portion of the executive session so there is no question about the propriety of going “off the record.” The audio recording of an executive session must be maintained for not less than 90 days, after which the recording may be destroyed pursuant to the City’s document retention policy. It is important to realize that any person may file an application with the District Court challenging the lawfulness of an executive session. In such a circumstance, the District Court Judge would review the recording to determine whether or not the requirements of the City Code were met. If the above described legal requirements were not met, the Court will make public that portion of the executive session that either strayed from the appropriate topic or where formal action was taken. During an executive session, the board or commission cannot make final policy decisions, adopt resolutions, or take other formal action. If a board or commission does attempt to take formal or final action in an executive session, such action would be void and of no effect. Information received by board and commission members in an executive session shall be kept confidential by the members. A member could become criminally liable for misuse of official information if a member used confidential information for his or her personal pecuniary gain or aided another in achieving a pecuniary benefit. Disclosure of confidential information could also result in the loss of liability protection under the Colorado Governmental Immunity Act for the individual making the disclosure and removal from membership on the board or commission. 1 Packet Pg. 213 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 24 CONFLICT OF INTEREST GUIDELINES Introduction The members of City boards and commission are subject to certain rules of ethical conduct established by the City Charter and Code. The following summary highlights the primary areas of concern addressed by these rules. When in doubt, a board or commission member should consult with the City Attorney’s Office for clarification of any applicable regulations. Also, a board or commission’s Council liaison is permitted under the City Code to submit an inquiry to the Ethics Review Board on behalf of a board or commission member for an advisory opinion and recommendation. Ultimately, each member is responsible for his or her own compliance with all applicable laws and regulations. Conflicts of Interest A board or commission member should refrain from voting on or attempting to influence any decision in which he or she has a financial or personal conflict of interest. Additionally, when a conflict exists under the rules contained in the City Charter, the member should file with the City Clerk’s Office a written statement of disclosure as soon as the conflict of interest is discovered. A copy of the disclosure form is included with these materials and additional forms may be obtained from the City Clerk’s Office. Generally, a board or commission member has a financial interest in a decision when the decision entails some foreseeable, measurable financial benefit to the individual member or relative. Even if a member does not have a financial interest in a decision or recommendation, a personal interest may also create a conflict of interest. The test for a personal interest is whether, in the judgement of a reasonably prudent person, the board or commission member would realize or experience some direct and substantial benefit or detriment different in kind from that experienced by the general public. In applying this test in a business context, a board or commission member should check with the City Attorney’s Office before participating in any decision which directly and substantially benefits a business in which he or she either has a substantial financial interest or is engaged as a consultant or representative. Or, if a decision of the City might directly and substantially affect a particular business to its economic detriment, and a board or commission member has a substantial financial interest in a competing firm, the member should also exercise caution in deciding whether to participate in the decision. Certain exceptions to the general rules pertaining to financial and personal conflicts of interest are contained in Article IV, Section 9(a) of the City Charter. Contracts with the City Board and commission members and their relatives are prohibited from having a financial interest in sales to the City, but only if they exercise, directly or indirectly, any decision-making or supervisory authority with regard to the goods or services to be sold to the City. As to purchases from the City, such purchases are permitted only when the property is offered for sale at an established price and not by bid or auction, and the purchase must be on the same terms and conditions as would be available to all members of the general public. 1 Packet Pg. 214 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 25 Disclosure of Confidences Board and commission members sometimes receive confidential information from City staff. Such information should not be used for the private benefit of the board or commission member or any other individual. Additionally, disclosure of the information is prohibited if a reasonable person would consider that the disclosure would injure the financial interests of the City. Gifts and Favors The acceptance of honoraria (compensation for speech or participation in public events as an official of the City) is prohibited. The acceptance of any other gift or favor from persons doing business with the City or desiring to do business with the City is also prohibited if the gift or favor might reasonably be construed as compensation for an official decision or as something that would tend to impair the board or commission member’s independence of judgment in the performance of his or her official duties. The following specific items are excluded from the definition of prohibited gifts or favors and may be accepted: Nonpecuniary awards for public service. Reimbursement for expenditure for attending job-related conferences or other meetings. Invitations to social functions or meetings which are not extraordinary when viewed in the light of the position held by the board or commission member. Perishable or nonpermanent items that are insignificant in value, such as meals, lodging, travel expenses, tickets to sporting, recreation, educational or cultural events. Salary from outside employment. 1 Packet Pg. 215 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 26 Checklist The following questions are suggested when examining a potential conflict of interest or question of ethical conduct. If the answer to the question is “yes,” the board or commission member should avoid participating in the decision of engaging in the proposed transaction: Sales to the City: Will I or my relative receive some foreseeable, measurable financial benefit? Am I involved in the procurement or supervision? Purchases from the City: Am I, or is my relative, buying this at auction? Are we buying it under any different terms and conditions than would be available to members of the general public? Financial Interest in a Decision: Will I or my relative receive some foreseeable, measurable financial benefit? Personal Interests: Would a reasonably prudent person believe that I or my relative will realize or experience some direct and substantial benefit or detriment from this decision that is different in kind from that experienced by the general public? Will the business that either of us represents directly and substantially benefit? Will a competing firm be directly and substantially harmed? Gifts or Favors: Is this gift or favor being offered to me because of a decision I have made or am about to make? Would a reasonably prudent person think that this gift or favor would impair my independence of judgment? (Before deciding to accept a gift, it should fit under one of the exemptions in the Code.) Confidences: Am I about to use or disclose a confidence which, in the judgment of a reasonably prudent person, would injure the financial interests of the City? Will I be using it for private gain, either for myself or for another person? 1 Packet Pg. 216 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 27 CONFLICT OF INTEREST DISCLOSURE STATEMENT CITY OF FORT COLLINS, COLORADO The following disclosure statement is submitted to the Clerk of the City of Fort Collins pursuant to the requirements of Article IV, Section 9 of the City Charter and, to the extent applicable, Section 24-18-109(3)(a), C.R.S. or pursuant to City of Fort Collins Personnel Policy 5.7.2.F. Name: Title: Decision(s) or contract affected (give description of item to be addressed by Council, Board, Service Area Director, etc.): Brief statement of interest: Date: Signature: REMOVAL OF CONFLICT OF INTEREST I affirm that the above-stated conflict of interest no longer exists. Date: Signature: cc (if Councilmember or Board or Commission member): City Attorney and City Manager cc (if City employee): HR Director Updated: March 2014 1 Packet Pg. 217 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 28 APPEALS PROCEDURE The decisions of certain boards, commissions, and other decision makers can be appealed to the City Council. The procedure for filing an appeal is specified in Chapter 2 of the City Code. In an effort to assist citizens with the appeal process, the City Clerk's Office has developed Appeal Guidelines which are available on the City’s website. Questions regarding the appeal process should be directed to the City Clerk's Office by calling 970.221.6515. 1 Packet Pg. 218 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 29 TYPES OF BOARDS AND COMMISSIONS Boards and commissions are established for the purpose of reviewing information and making recommendations to City Council on City policy issues. There is no difference between a board and commission. Specific duties and functions are established individually for each board or commission. The majority of boards and commissions are advisory to the City Council and/or City administration. These boards and commissions do not have decision-making powers. The advisory boards are as follows: Advisory to Council: Affordable Housing Board Land Conservation and Stewardship Board Air Quality Advisory Board Natural Resources Advisory Board Art in Public Places Board Parking Advisory Board Commission on Disability Parks and Recreation Board Community Development Block Grant Commission Senior Advisory Board Cultural Resources Board Transportation Board Economic Advisory Commission Women’s Commission Energy Board Youth Advisory Board Golf Board Advisory to Council and City Administration: Citizen Review Board Various boards and commissions are quasi-judicial and have decision-making powers within their areas of expertise. Their decisions are subject to appeal to the City Council or the courts. The following are quasi-judicial boards: Quasi-Judicial: Building Review Board Retirement Committee Human Relations Commission Water Board Landmark Preservation Commission Zoning Board of Appeals Planning and Zoning Board 1 Packet Pg. 219 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 30 BOARDS AND COMMISSIONS FUNCTIONS Affordable Housing Board The Affordable Housing Board advises the City Council on matters pertaining to affordable housing issues of concern to the City. The City has established several programs designed to stimulate the construction of additional affordable housing units and retention of existing housing units in the community. These programs include development review priority processing, impact fee collection delay and sales tax rebates. Air Quality Advisory Board The Air Quality Advisory Board advises the City Council regarding policies, plans and programs to improve and maintain the city's air quality. The Board may, without limitation, biennially review air quality indicators; review and recommend revisions as needed to the Air Quality Plan, and to any other City Plans that may have significant impacts on air quality; and advise the Governor-designated lead agency for air quality planning on matters pertaining to the Fort Collins element of the State Implementation Plan. The Board may also convene ad hoc citizen task groups to provide additional technical expertise to the Board for the planning of specific strategies. The Board coordinates its work with the Energy Board, Transportation Board, Natural Resources Advisory Board and the Planning and Zoning Board. Art in Public Places Board The Art in Public Places Board advises and makes recommendations to the City Council regarding incorporation of works of art into construction projects; advises and makes recommendations to the City Council regarding the acceptance of offers to donate art to be placed in public areas; and advises and makes recommendations to the Community Services Director and the City Council as to rules, regulations, guidelines, policy, administrative and budgetary matters pertaining to the Art in Public Places Program. Building Review Board The Building Review Board is charged with the responsibility to hear appeals and requests for variances related to the Fort Collins building codes and contractor licensing regulations. The BRB hearing provides a formal recourse to building permit and contractor license applicants who disagree with an interpretation or ruling by the Fort Collins Building Official. The BRB is authorized to rule in favor of the applicant and to approve alternative building methods and materials that are not specifically prescribed in the building codes. This board may also revoke or suspend a contractor license when it determines that a licensee has violated the building codes or licensing rules. In an advisory capacity, the BRB makes recommendations to City Council concerning the revision of existing codes or the adoption of new building codes and contractor regulations. Citizen Review Board At the request of the City Manager or the Chief of Police the Citizen Review Board makes recommendations concerning interpretation of police policies and procedures. The Board reviews internal investigations where a peace officer is alleged to have used force, discharged a firearm, committed a crime, when a person sustained severe injury, death, or alleged their civil rights were violated by a peace officer, or other investigations requested by the City Manager or Police Chief. Use of deadly force would be a mandatory review by the Board even if no complaint is filed. The Citizen Review Board also offers reviews for outside law enforcement agencies operated within the City and makes annual reports to the City Council and City Manager concerning activities and recommendations of the Board. 1 Packet Pg. 220 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 31 Commission on Disability The Commission on Disability serves as an advisor to the City of Fort Collins City Council on issues relating to citizens with disabilities. In its role as an advocate for citizens with disabilities, the Commission on Disability: develops educational programs to acquaint citizens with issues affecting individuals with disabilities; forms special committees to review and address particular issues; works together with other boards and commissions and the City Council to provide recommendations to assure compliance with Section 504 of the Rehabilitation Act of 1973, the 1990 Americans with Disability Act (ADA), the Fair Housing Act and other legislation relating to persons with disabilities; and serves as ombudsman between City departments, the private business sector and the community of citizens who have disabilities. Community Development Block Grant (CDBG) Commission The CDBG Commission advises the City Council on matters pertaining to the City’s Competitive Process which includes funding from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Program, and the City’s Affordable Housing Fund (AHF) and Human Services Program (HSP). HUD provides federal grant funds to the City to meet affordable housing and community development needs of low and moderate income people. The City receives about $1.5 million from HUD and just under $1 million from the General Fund annually. Program funds are typically used for housing, human services, and community development programs, projects, and activities. Cultural Resources Board The Cultural Resources Board’s primary function is to advise City Council on issues relating to the Lincoln Center and the Fort Collins Museum. In addition, the Board reviews applications and makes recommendations for funding from the City of Fort Collins’ Cultural Development and Programming Account and Tourism Programming Account (Fort Fund). Economic Advisory Commission The duties and functions of the Commission shall be: (1) To advise the City Council on matters pertaining to the economic health and sustainability of the city, including, but not limited to, (a) events and trends occurring outside the Fort Collins community that may affect the local economy; (b) immediate and long-term threats to the local economy; (c) ways in which to enhance the City's competitive position in relation to other communities; and (d) possible partnerships with other public and private entities; (2) To recommend programs and strategies that may enhance the economic health and sustainability of the city; (3) To be aware of and coordinate with other City boards and commissions whose actions may affect the economic health and sustainability of the City; (4) To advise Council on existing or proposed policies, practices or regulations of the City that may affect the local economy; and (5) To perform other such duties and functions as provided by the City Council. 1 Packet Pg. 221 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 32 Energy Board The duties and functions of the Board shall be: (1) To advise the City Council and staff regarding the development and implementation of the City’s energy policy; (2) To advise the City Council and staff in developing City policies that encourage the incorporation of energy conservation and efficiency, carbon emissions reduction, and renewable energy into the development and provision of City utility services, the design and construction of City transportation projects, and the way in which the City impacts the overall built environment within the City. (3) To advise the City Council and staff regarding the alignment of energy programs and policies with City, ratepayer and community values and service delivery expectations; (4) To advise the City Council and staff regarding the recommendations for improvements to City energy systems; (5) To coordinate with other City boards and commissions regarding energy issues; (6) To advise the City Council and staff regarding budgetary, rate-making and operational matters related to the electric utility. (7) To annually review and provide advice to City Council and staff on the City’s Legislative Policy Agenda regarding energy and energy-related carbon issues; and (8) To perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council. Golf Board The Golf Board advises and makes recommendations to the Community Services Director and the City Council as to rules, regulations, policies, administrative and budgetary matters pertaining to the operation and maintenance of all City-owned golf courses. The Board advises and makes recommendations to the Director concerning the terms and conditions of any agreements to be entered into with golf professionals and other concessionaires in connection with City-owned golf courses, as well as other agreements which may affect the management, operation, maintenance, construction or acquisition of City-owned golf courses; assists in the procurement of goods and services for City-owned golf courses, including the selection of golf professionals, concessionaires and other contractors, as defined; and advises and makes recommendations to the City Manager concerning approval of annual fees and charges at City-owned golf courses. Human Relations Commission The Human Relations Commission was established by City Council to promote the acceptance and respect for diversity through educational programs and activities, and to discourage all forms of discrimination based on race, religion, age, gender, disability, etc. The commission often coordinates these efforts with other City boards and commissions, community groups and organizations. The commission also oversees the Citizen Liaison Program, and presents the annual Human Relations Awards to recognize those citizens who have advanced the cause of human rights through their volunteer efforts. 1 Packet Pg. 222 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 33 Land Conservation and Stewardship Board The duties and functions of the Land Conservation and Stewardship Board shall be as follows: (1) To advise City Council regarding policy and budgetary matters pertaining to the Natural Areas Program, including but not limited to the expenditure of Open Space, Yes! and Larimer County Help Preserve Open Space dedicated sales tax revenues. (2) To advise Natural Areas Program staff and the City Council in connection with the proposed acquisition or disposition of land, interests in land, interests in water and other interests in real property for the Natural Areas Program. To advise Natural Areas Program staff regarding the development of management plans and public improvements for Natural Areas Program properties. (3) Upon request of the City Manager or at the direction of the City Council, to advise City Council regarding any positive or negative impacts that particular plans or projects of the City or of other public or private entities may have on Natural Areas Program properties or properties that may be of interest to the Natural Areas Program. This provision shall not apply to development projects for which applications have been submitted to the City for approval under the Land Use Code. (4) Upon request of the City Manager or at the direction of the City Council, to advise City Council in connection with the proposed acquisition or disposition of land, interests in land, interests in water and other interests in real property for City programs other than the Natural Areas Program. Landmark Preservation Commission The Commission shall perform all duties relating to preservation of historic landmarks as set out in Chapter 14, including the designation of sites, structures, objects or districts as landmarks and the review and approval or rejection of plans for the construction, alteration, demolition or relocation of any such site, structure, object or district. Decisions of the Commission are final unless appealed to the City Council. The Commission shall also perform the following additional functions: (1) To promote awareness and understanding of, and appreciation for, the value of historic resource preservation in contributing to the quality of life in the City, and actively encourage property owners to voluntarily designate their properties as historic landmarks; (2) To advise the City Council and City staff with regard to the identification and evaluation of historic resources within the Growth Management Area and provide information regarding the significance of the resources, the nature and degree of threat to their preservation, and methods for their protection; (3) To advise the City Council and City staff with regard to appropriate policies, incentives and regulations for encouraging and/or requiring preservation and rehabilitation of historic resources; (4) To coordinate with the various other City boards, commissions and City staff members whose actions may affect the preservation of historic resources in the community; and 1 Packet Pg. 223 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 34 (5) To establish a committee of its members to provide advice and, if required under Section 2.10.2(H) of the Land Use Code, written recommendations to the owners of eligible historic properties, and of properties located near eligible historic properties, regarding historically appropriate design and site planning for additions, alterations, and new construction in the City; provided, however, that any members of such committee who provide such advice or recommendations to property owners under this provision shall refrain from participating in any subsequent decisions of the Commission related to such properties; and (6) To provide advice and written recommendations to the appropriate decision maker and/or administrative body regarding plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places; (b) are officially designated as a local or state landmark, or are listed on the National Register of Historic Places; or (c) are located within an officially designated historic district or area. (7) To perform such other duties and functions as may be provided by the City Council by an ordinance or resolution. Natural Resources Advisory Board The Natural Resources Advisory Board shall have the following functions: (1) Advise City Council on all matters pertaining to natural resources and environmental protection issues of concern to the city; (2) Analyze various natural resources issues and to aid and guide the development of city- wide natural resources programs to address currently existing and potential natural resources and environmental issues; (3) Promote citizen participation and public education on city-wide natural resources and environmental protection issues; (4) To be aware of and coordinate with the various Department of Natural Resources' technical advisory committees; (5) Perform other duties and functions as provided by the City Council. Parking Advisory Board The Parking Advisory Board shall have the following functions: (1) To make recommendations to the City Council regarding the implementation of the City’s parking policies and plans; (2) To provide an avenue for ongoing stakeholder input and involvement in parking decisions that affect the public; (3) To support and advocate for parking initiatives and programs; (4) To help educate the public about parking issues; (5) To work with other boards and commissions of the City or other community organizations that have an interest in parking issues; and (6) To perform such other duties and functions and have such other powers as provided by the City Council. 1 Packet Pg. 224 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 35 Parks and Recreation Board The Parks and Recreation Board shall have the following functions: (1) To advise and make recommendations to the Community Services Director and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to parks and recreation but excluding matters relating to the operation and maintenance of City-owned golf courses and cemeteries; (2) To assist the City in cooperating with the Poudre School District and other organizations and individuals interested in the City's parks and recreation programs; and (3) To promote community awareness and understanding of, and appreciation for, the value of parks and recreation as a resource contributing to the quality of life in Fort Collins. Planning and Zoning Board The Planning and Zoning Board's responsibilities include making recommendations to the City Council regarding zoning, annexations, major public and private projects and any long range planning activities (such as City Plan or subarea plans) that require Council approval. The Board is also the final decision making authority regarding land use proposals including overall development plans, project development plans and any planned unit developments that remain from the City's previous land use regulations. In addition, the Board coordinates with the Poudre R1 and Thompson school districts and the Larimer County Planning Commission. Retirement Committee The General Employees Retirement Committee’s charges are: manage/administer the Retirement Plan for members and retirees and manage accumulated Retirement Fund money; determine the eligibility in credited service of members under Plan rules; interpret the Plan’s provisions; and authorize payment of retirement benefits and bills for expenses of Plan and Committee. The Committee sets the policies and procedures for these responsibilities and directs staff personnel and actuarial consulting firm to carry out the functions. The Committee also: seeks information and advice to benefit the Plan and members; recommends Plan changes to City Council for approval; recommends to City Council enhancements to the Plan’s provisions and benefits; educates Committee’s and Plan’s members; keeps abreast of legislation that could affect the Plan; keeps the members informed of their current/projected benefits; encourages Plan members to accumulate other sources of retirement income; and provides minutes of each meeting and files documents as required. Senior Advisory Board The Senior Advisory Board is comprised of individuals of all ages who share a concern for the aging members of our community. The primary objective is to help aging citizens in Fort Collins and the surrounding area live full and interesting lives so that they might continue to contribute, participate and share in the life of the community. The Board assumes responsibility for involvement in a network of senior agencies and organizations so that they can remain aware of issues, needs and occurrences that may be relevant to their work. Their primary concern is to provide education in this community about the aging process, to inform and be informed, to advocate for a good quality of life, and to encourage networking among the various groups who deal with senior issues. Transportation Board The Transportation Board advises the Fort Collins City Council on transportation issues. The Board examines issues relating to financing; the development and implementation of master plans pertaining to pedestrian, streets, transit, bicycles, automobiles, congestion, traffic signalization, and transportation facilities; the use of technology; and education of the public and private industry on transportation topics. The Board acts as a forum for the citizens to express their needs and concerns. The Board coordinates with other City boards and commissions on projects and issues 1 Packet Pg. 225 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 36 that are of mutual interest. The Transportation Board works with other municipalities in the region to identify and develop solutions to key transportation issues. Water Board The City of Fort Collins Water Board advises the City Council regarding water, wastewater and stormwater policy issues such as water rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm drainage and development design criteria. The Board reviews and makes recommendations on Water, Wastewater and Stormwater Utilities budgets, fees, water quality and local, state and federal water legislation. At times, the Board acts as a quasi-judicial body on floodplain regulation variances. It cooperates with regional entities to coordinate planning and maintain a dialogue on regional water issues. The Board is also involved in master planning and provides advice and citizen input regarding proposed policies and actions affecting Utilities customers. Women’s Commission The Commission is created for the purpose of enhancing the status of and opportunities for all women in the City. The Commission shall have the ability to: (1) Document issues of importance to the status of women in the City; (2) Conduct educational programs in the Fort Collins community to increase public awareness and sensitivity to the needs and capabilities of all women; (3) Cooperate with other organizations and individuals interested in issues affecting women in the Fort Collins area; (4) Review proposed legislation, policy changes or other governmental action at the federal, state or a. local level that would enhance or otherwise affect the status of women in the City and make b. recommendations to the City Council regarding the same. (5) Recommend to the City Council the adoption of local legislation or policies that would enhance the status of women in the City. Youth Advisory Board The Youth Advisory Board gathers information from local youth, other groups, organizations and agencies regarding youth-oriented issues and makes recommendations to City Council in reference to these issues. Zoning Board of Appeals The Zoning Board of appeals has the authority to approve variances from the requirements of the Land Use Code and to hear and decide appeals from any decision made by an administrative official pertaining to a specific property. The Board may grant variances when the members determine that there is some unusual feature of a property or some other exceptional situation unique to a property which creates an unfair burden to the applicant. Such features may include physical conditions like exceptional narrowness, shallowness, or topography. Additionally, the Board may grant a variance upon finding that the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested. No variance can be granted which is determined to be a substantial detriment to the public good. 1 Packet Pg. 226 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) 37 MEETING TIMES Boards and commissions routinely meet at the following times and places unless a specific change is announced. BOARDS AND COMMISSIONS Board/Commission Meeting Date/Time/Location Contact Affordable Housing Board First Thursday of each month – 4:00 p.m. Council Information Center, City Hall West, 300 LaPorte Avenue Sue Beck-Ferkiss 221-6753 Air Quality Advisory Board Third Monday of each month – 5:30 p.m. 215 North Mason, Conference Room 1-A Lindsay Ex 224-6143 Art in Public Places Board Third Wednesday of each month – 3:30 p.m. Columbine Room, Lincoln Center, 417 W. Magnolia Ellen Martin 416-2789 Building Review Board Last Thursday of each month – 1:00 p.m. Council Chambers, City Hall West, 300 LaPorte Avenue Mike Gebo 416-2618 Citizen Review Board Second Wednesday of each month – 5:30 p.m. Council Information Center, City Hall West, 300 LaPorte Avenue Dan Murphy 416-2660 Commission on Disability Second Thursday each month –12:15 p.m. Council Information Center, City Hall West, 300 LaPorte Avenue Subcommittees: Fourth Thursday of each month – 12:15 p.m. Council Information Center, City Hall West, 300 LaPorte Avenue. Ethan Cozzens 221-6273 Community Development Block Grant (CDBG) Commission Second Thursday of each month – 6:30 p.m. Community Room, 215 Mason Sharon Thomas 221-6595 Cultural Resources Board Last Thursday of each month –12 Noon (except January, April & June), Lincoln Center, 417 W. Magnolia. Fort Fund sessions held fourth Wednesday (January, April and June) – 5:00 p.m., Lincoln Center, 417 W. Magnolia Jill Stilwell 416-2935 Economic Advisory Commission Third Wednesday of each month – 11 a.m. Council Information Center, City Hall West, 300 LaPorte Avenue Josh Birks 221-6324 38 Landmark Preservation Commission Regular meetings are held on the Second and Fourth Wednesday of each month – 5:30 p.m., in the City Council Chambers, 300 LaPorte Avenue Karen McWilliams 224-6078 Natural Resources Advisory Board Third Wednesday of each month – 6:00 p.m. Conference Room 1A, west entrance, 215 North Mason Susie Gordon 221-6265 Parking Advisory Board Second Monday of each month – 5:30 p.m. Community Room, 215 North Mason Kurt Ravenschlag 416-2058 Parks and Recreation Board Fourth Wednesday of each month – 5:30 p.m. Locations vary (check website and Parks and Recreation Board Public Notice) Mike Calhoon 221-6301 Bob Adams 221-6354 Planning & Zoning Board Third Thursday of each month – 6:00 p.m. City Council Chambers, City Hall West, 300 LaPorte Avenue Worksessions are held the Friday before scheduled hearing 12 noon, Conference Room A, 281 North College Avenue Cameron Gloss 416-2313 Retirement Committee Second Thursday of each month – 1:15 p.m. 2nd Floor Meeting Room 2A, 215 North Mason Harold Hall 221-6784 Senior Advisory Board Second Wednesday of each month – 1:30 p.m. Fort Collins Senior Center, 1200 Raintree Drive Katie Stieber 224-6029 Transportation Board Third Wednesday of each month – 6:00 p.m. Community Room, 215 North Mason Paul Sizemore 224-6140 Water Board Third Thursday of each month -- 5:30 p.m. Board Room, 117 North Mason Worksessions are held on the first Thursday of even numbered months; i.e., February, April, June, August, October and December at 5:30-7:30 p.m. at 281 North College Avenue, Conference Room A Jon Haukaas 416-2513 Women’s Commission Third Wednesday of each month – 6:30 p.m. 39 AUTHORITIES Downtown Development Authority Second Thursday of each month - 7:30 a.m. Home State Bank, 303 E. Mountain Avenue Meeting Room DDA Executive Committee meets Wednesdays before the regularly scheduled DDA Board meetings – 7:30 a.m. DDA conference room at 19 Old Town Square, Suite 230. Matt Robenalt (970) 484-2020 Housing Authority Fourth Thursday of each month - 7:30 a.m. Housing Authority Conference Room, 1715 W. Mountain Ave. Julie Brewen (970) 416-2910 Liquor Licensing Authority Contact Staff Liaison for schedule Municipal Court Room, 215 N. Mason Aimee Jensen (970) 221-6315 1 Packet Pg. 229 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-027 Appointing Tom Rock to the Golf Board. EXECUTIVE SUMMARY The purpose of this item is to appoint Tom Rock to the Golf Board to fill a vacancy created through the resignation of Ann Cross. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 17 Packet Pg. 230 -1- RESOLUTION 2016-027 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING TOM ROCK TO THE GOLF BOARD WHEREAS, a vacancy currently exists on the Golf Board due to the resignation of Ann Cross; and WHEREAS, Councilmembers interviewed applicants for appointments to existing vacancies to the Boards in December 2015; and WHEREAS, from the pool of applicants Tom Rock was selected to fill a vacancy on the Golf Board, and; WHEREAS, the purpose of this Resolution is to fill the current vacant position. 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 Tom Rock is hereby appointed to fill the vacant position on the Golf Board with a term to commence immediately and to expire on December 31, 2018. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of March, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 231 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist SUBJECT Routine Deed/Easement. EXECUTIVE SUMMARY The purpose of this item is to have Council accept three Deeds of Dedication for road right-of-way for East Prospect Road. STAFF RECOMMENDATION Staff recommends acceptance of the Deed of Dedication referenced above. BACKGROUND / DISCUSSION The City Utility and Engineering Departments have planned a project that involves the construction of stormwater improvements in and along Boxelder Creek and replacing box culverts and bridges on East Prospect where the creek crosses under the road. This project will address flood issues that occur during storm events in this location and surrounding areas. Construction on the creek began last fall and the box culvert and bridge construction will start in the spring of 2016. This item will accept three Deeds of Dedication of right-of-way for East Prospect Road to facilitate the planned road and bridge improvements. ATTACHMENTS 1. Location map (PDF) 18 Packet Pg. 232 P o u d r e Re s e r vo ir I n l e t B ox e l d e r C r e ek S S u m m i t V i e w D r E Prospect Rd Interstate 25 Interstate 25 !"`$ !"`$ Dedication of Right of Way Locations ± Deeds of Dedication Location Map ATTACHMENT 1 18.1 Packet Pg. 233 Attachment: Location map (4206 : Routine Deed/Easement) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Dean Klingner, Engineer & Capital Project Manager Dan Woodward, Civil Engineer I SUBJECT First Reading of Ordinance No. 040, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection improvements, multimodal enhancements, utility improvements, and access control improvements. These improvements will be done in conjunction with the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on its property at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of ultimate road improvements adjacent to its development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way and temporary easements from approximately eight property owners. Staff has met with the affected owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The College/Prospect intersection is the junction of the West Central Area Plan and College Avenue. This project will incorporate the needed improvements for the intersection with the West Central Area Plan. As part of the West Central Area Plan, adopted in 2015, conceptual designs were developed for Prospect Road between Shields Street and College Avenue. Key elements of the conceptual designs included: Four travel lanes Center turn lane/median Tree lawns 19 Packet Pg. 234 Agenda Item 19 Item # 19 Page 2 Detached sidewalks and shared bike and pedestrian paths Mid-block bike and pedestrian crossings Transit stops and pullouts Based on the West Central Ara Plan, the vision for the Prospect Corridor is to provide an attractive and functional, well-integrated, mixed-use corridor that serves the mobility needs of nearby neighborhoods, CSU, and the community. This vision would include: A safe and comfortable corridor for all modes of travel Safe crossing An attractive gateway to campus, downtown, and midtown A seamless connection to MAX The necessary property interests include right-of-way, as well as, permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Although the final design for the Project is not yet complete, staff has determined the maximum extent of the property interests that will likely be required for the Project. Rather than wait until completion of the final Project design, staff is asking Council now for authorization to use eminent domain, in order to meet the tight time schedule for the Project. In some cases, the City may need to acquire less than the full extent of the interests shown on the exhibits to the Ordinance, but it will not need to acquire more. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their properties. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the improvements goals of the project. At these meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to the first reading of this Ordinance. CITY FINANCIAL IMPACTS The project is funded with local funds. Council appropriated $2,700,000 through a mid-budget offer in 2015 for the design, right-of-way and construction of this project. The purchase of this right-of-way will allow staff to move forward with final design and construction. PUBLIC OUTREACH Numerous public meetings were held as part of the West Central Area Plan development. More information on the Plan can be found at: http://www.fcgov.com/planning/west-area-plan.php ATTACHMENTS 1. Location map (PDF) 2. Sustainability Assessment Summary and Tool (PDF) 3. Powerpoint presentation (PDF) 19 Packet Pg. 235 E Prospect Rd W Prospect Rd Remington St S College Ave W Lake St ³I CSU Medical Center Project Location ± College Avenue and Prospect Road Intersection Improvement Project Location Map City Road Improvements Project Location ATTACHMENT 1 19.1 Packet Pg. 236 Attachment: Location map (4207 : Prospect College ED Authorization) SUSTAINABILITY ASSESSMENT SUMMARY DATE: March 1, 2015 SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road Intersection Improvements Project Key issues identified: x Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians, and the environment. Suggested mitigation actions: • Detours, pedestrian and bicycle access, and other construction best practices will be used to maintain connectivity and access to local businesses. Economic , 1.0 Social , 2.0 Environmental 0 Rating Average, 1.0 1 2 0 1.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Average, Average 1.1 0 1.0 Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected 19.2 Packet Pg. 237 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less This Council action item will authorize the use of eminent domain for Prospect Road and College Avenue Intersection Improvements Project. Staff lead(s): Please note staff name, position/division and phone number Dan Woodward, Civil Engineer, 970-416-4203 Lindsay Kuntz, Real Estate Specialist, 970-221-6275 19.2 Packet Pg. 238 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) 2 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. x Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description This Council action item will authorize the use of eminent domain for right-of- way acquisition at the College and Prospect Intersection Improvements project. 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion At the project location, gaps in pedestrian and bicycle connectivity currently exist. This project will eliminate existing gaps by constructing sidewalks and multi-use paths. All pedestrian improvements will comply with ADA requirements. This project will result in more efficient traffic flow due in large part to the installation of an additional westbound left turn lane and lengthening the east bound right turn lane. Less vehicle congestion will likely result in reduced frustration for commuters. There will be temporary negative impacts to local residents, businesses and the traveling public as a result of construction activities. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth Providing improved bicycle and pedestrian connectivity will likely result in improved quality of life, as well as access opportunities, for seniors, youth, people with disabilities, etc. The improved pedestrian infrastructure will result in better access to local businesses and public transportation including transit and MAX. This project will provide pedestrian refuge islands that don’t currently exist. The 19.2 Packet Pg. 239 3 and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) islands and wider walks will result in a more comfortable crossing for many pedestrians, as well as a likely safer crossing. This project will improve the access to the Remington Greenway and MAX, promoting bicycle use as well as pedestrian. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? Providing improved bicycle and pedestrian infrastructure will likely result in a safer environment for pedestrians and bicyclists. The shorter crossing distance provided by this project will likely result in safer crossing conditions for pedestrians. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? This project includes culturally-rich components, such as Art in Public Places, urban design elements, and landscaped medians/parkways. The design elements in this project match the brand and spirit of Fort Collins, provide a sense of place at the intersection, and will enhance the aesthetics of this gateway intersection. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? This project will have a positive impact on the access of local residents to nearby businesses, trails, and other destinations. With this intersection being a gateway to CSU, many of the local residents may not have access to vehicles and may rely heavily on walking or bicycling. Community outreach, open houses and other opportunities for public input are planned as part of the design phase of this project. During construction there will be negative impacts to the neighborhoods as well as right-of-way purchases to some residential properties. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? The project team will engage in property owner outreach through direct contact, open houses, and other outreach activities. Cooperation between various City departments (Engineering, Parks, Utilities, etc.) has and will be a key element in the development and execution of this project. Social Equity Summary Key issues: Positive impact on vehicular commuters, pedestrians, and bicyclists through improved infrastructure. 4 Develop a strong sense of place, community and culture through infrastructure and design elements. Temporary negative construction impacts. Potential mitigation strategies: Detour routes and other construction mitigation strategies for vehicles, bicycles and pedestrians. Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? Analysis/Discussion It is anticipated that construction activities and roadway widening will have negative impacts on the local ecosystems. Landscaped areas and trees will be added to the project location. 5 • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? to relocation to a landfill. Stormwater master plan improvements will be done as part of this project which will improve water quality and flooding issues associated with rainfall runoff events. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? Project improvements will support bicycle and pedestrian travel through infrastructure and safety improvements. As a result, it is anticipated that total vehicle miles traveled may reduce. Reduced idle time and improved traffic flow will likely reduce carbon and greenhouse gas emissions. Construction activities will temporarily increase emissions. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? Not Applicable 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? It is anticipated that a large portion of the construction materials generated as part of this project will be recycled at Hoffman Mill, diverting these materials from a landfill. 19.2 Packet Pg. 242 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) 6 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? It is anticipated that, as with other roadway improvement projects, the asphalt and concrete waste generated will be recycled. 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? The construction of this project will be awarded as part of a competitive bidding process. It is common for local contractors to bid on and be awarded similar construction contracts. Material for similar construction projects is generally locally sourced, and it is anticipated that this project will likely be locally sourced as well. Environmental Health Summary Key issues: Negative impacts on air quality as part of construction activities. Negative impacts on local ecosystems as part of construction activities and roadway widening. Positive impact on air quality as part of increased traffic efficiency and promotion of multi-modal transportation. Reuse and recycling of materials within the City. Potential mitigation strategies: Best practice measures will be taken during construction to mitigate environmental impacts. Trees and vegetation will be added to the project location to mitigate those removed as well as additional trees and vegetation. Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. 19.2 7 Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion Providing improved connectivity for bicycles and pedestrians will likely benefit the local businesses. It is anticipated that there will be economic benefits as a result of improved transportation infrastructure and improved commuting times. Project improvements will support the general attractiveness and appeal of the City, as well as specifically support the bicycle and pedestrian culture found in the City. Infrastructure improvements will directly improve access to local employers and businesses including CSU. There will be temporary negative impacts to local business access during construction. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? It is likely that there will be temporary work for local construction contractors during construction. 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? Project improvements will have direct positive impacts for businesses in the area as a result of reduced congestion and delays. Temporary negative impacts to local businesses as a result of construction are likely. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. It is typical for construction contractors and material suppliers to be local for this type of project. Many of the construction materials used in roadway projects are comprised of 19.2 8 • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? locally-sourced components. 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Key issues: Long-term benefits to local business access and connectivity. Improved aesthetics promotes general appeal of the City. Improvements to bicycle and pedestrian infrastructure promote the culture of the City. Construction activities will likely have a temporary negative impact on local businesses. Potential mitigation strategies: Connectivity to local businesses will be maintained for vehicles, pedestrians and bicycles during construction. Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X 19.2 Packet Pg. 245 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) 1 College and Prospect – Eminent Domain Authorization Dean Klingner – City Engineer 3-15-16 ATTACHMENT 3 19.3 Packet Pg. 246 Attachment: Powerpoint presentation (4207 : Prospect College ED Authorization) Proposed Council Action • Would authorize City Staff to begin property acquisition process • Includes 8 properties • Historically, most acquisitions are successfully negotiated • Allows for 2017 construction start 2 19.3 Packet Pg. 247 Attachment: Powerpoint presentation (4207 : Prospect College ED Authorization) Project Summary Existing: • 70,000 vehicles/day • High congestion • Narrow sidewalks, sub-standard turn lanes Improvements: • ~20-25% reduction in overall delay • Safety – pedestrians, bicycles, vehicles • Landscaping/Urban Design/Gateway 3 19.3 Packet Pg. 248 Attachment: Powerpoint presentation (4207 : Prospect College ED Authorization) Draft Conceptual Design Key Design Elements: • Add dual left turn lanes and extend right turn lanes • Upgrade substandard infrastructure (utilities, sidewalks, etc.) • Improve bike/pedestrian connections and crossings 4 19.3 Packet Pg. 249 Attachment: Powerpoint presentation (4207 : Prospect College ED Authorization) Public Outreach Outreach: • Staff has contacted all property owners • Staff has held ~10-12 individual meetings with property owners • Concept plan has been adjusted to balance project needs/property impacts • Outreach effort will continue through final design and construction 5 19.3 Packet Pg. 250 Attachment: Powerpoint presentation (4207 : Prospect College ED Authorization) -1- ORDINANCE NO. 040, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE PROSPECT ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and College Avenue Intersection Improvements Project (the “City Project”) in 2016; and WHEREAS, the City Project will construct needed road and intersection improvements, multimodal transportation enhancements, utility improvements, and access control improvements; and WHEREAS, Colorado State University is also required to build certain improvements at the same intersection in conjunction with the construction of its new medical center (the “Medical Center Project”); and WHEREAS, it is necessary for the City to acquire certain property interests for the City Project in a timely manner in order to coordinate construction of the City Project with the Medical Center Project; and WHEREAS although the final design of the City Project has not been completed, the maximum extent of the property rights the City would need to acquire has been determined, and is described on Exhibits “A” through “P”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the Property Rights include tracts of land to be acquired in fee simple for right-of-way and temporary construction easements; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the City Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 251 -2- Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the City Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights, any of them, or any portion of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 252 ([KLELW$ 3DJHRI 1 Packet Pg. 253 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW% 3DJHRI 1 Packet Pg. 254 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW& 3DJHRI 1 Packet Pg. 255 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW' 3DJHRI 1 Packet Pg. 256 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW( 3DJHRI 1 Packet Pg. 257 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW) 3DJHRI 1 Packet Pg. 258 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW* 3DJHRI 1 Packet Pg. 259 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW+ 3DJHRI 1 Packet Pg. 260 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW, 3DJHRI 1 Packet Pg. 261 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW- 3DJHRI 1 Packet Pg. 262 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW. 3DJHRI 1 Packet Pg. 263 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW/ 3DJHRI 1 Packet Pg. 264 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW0 3DJHRI 1 Packet Pg. 265 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW1 3DJHRI 1 Packet Pg. 266 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW2 3DJHRI 1 Packet Pg. 267 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) ([KLELW3 3DJHRI 1 Packet Pg. 268 Attachment: Exhibits A-P (4211 : Prospect College ED ORD) Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Tom Leeson, Director, Comm Dev & Neighborhood Svrs SUBJECT Second Reading of Ordinance No. 030, 2016, Regarding Adoption of a New Article VIII of Chapter 5 of the Code of the City of Fort Collins Involving the Establishment and Resolution of Construction Defect Claims. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on March 1, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) amends City Code to clarify that the failure to substantially comply with the City Building Code may not be used to support or prove any construction defect claim; to require provision of additional information to residential unit owners prior to any legal action involving a construction defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute resolution in a common interest community declaration that meets certain requirements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION At First Reading, City Council requested information on three items: 1. A potential modification to Sec. 5-352(a) to permit, in addition to other kinds of listed damages, recovery of other financial damages or financial harm such as damages resulting from a failure to meet energy standards set forth in the City’s building codes. If Council desires to add such a provision, this could be accomplished by a motion to amend the Ordinance by the addition of the following subsection (5) to Section 5-352(a): “(5) to the extent permitted under Colorado law, other financial losses or damages directly caused by the violation or substantial failure”. 2. An inquiry regarding Sec. 5-353(c) with regards to voting thresholds for Homeowner Associations. The Colorado Common Interest Ownership Act (CCIOA) empowers an association board to manage the association and take actions based on a majority vote of the board, subject to certain requirements for unit owner approval on specific issues such as conveyance or mortgage of common property (67% of votes not allocated to declarant, or more if so required by the covenants), an amendment of the covenants (covenants often require approval of more than a majority to do this), or veto of an annual budget (by a majority of all unit owners, or more if covenants so require). So CCIOA generally doesn’t require unit owner approval of board actions except in more significant areas where the tendency is to require more than a majority of all unit owners. Covenants can be more restrictive (require a greater level of approval) than that required under CCIOA. Staff is not aware of any associations that have a lower voting threshold than a majority vote. 20 Packet Pg. 269 Agenda Item 20 Item # 20 Page 2 3. An inquiry as to the impact on the housing market in other communities that have adopted construction defects legislation. Since 2014, there have been roughly 12 communities that have passed local construction defects ordinances and many of the ordinances have varied to some degree. The impacts of those ordinances on the housing markets in those communities have been limited. Lakewood passed the first such measure in October 2014 and, as of January of this year, has yet to receive an application for a condo project. ATTACHMENTS 1. First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (PDF) 2. Affordable Housing Board memo, March 3, 2016 (PDF) 3. Powerpoint presentation (PDF) 4. Ordinance No. 030, 2016 (PDF) 20 Packet Pg. 270 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Tom Leeson, Director, Comm Dev & Neighborhood Svrs SUBJECT First Reading of Ordinance No. 030, 2016, Regarding Adoption of a New Article VIII of Chapter 5 of the Code of the City of Fort Collins Involving the Establishment and Resolution of Construction Defect Claims. EXECUTIVE SUMMARY The purpose of this item is to clarify that the failure to substantially comply with the City Building Code may not be used to support or prove any construction defect claim; to require provision of additional information to residential unit owners prior to any legal action involving a construction defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute resolution in a common interest community declaration that meets certain requirements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Colorado’s Construction Defect Action Reform Act (C.R.S. § 13-20-801,et. seq.) (“CDARA” or “Act”) governs claims arising from construction defects. CDARA was passed by the Colorado General Assembly in 2001, and amended in 2003, and limits the construction defect liability of construction professionals. CDARA defines “construction professionals” broadly to include nearly everyone involved in the construction process, in addition to parties actually performing physical construction. Although Fort Collins is currently experiencing a construction boom in multi-family residential units in urbanized neighborhoods and transit corridors, almost all of the new multi-family construction consists of apartments and townhomes. The percentage of new housing starts represented by condominiums has significantly declined since 2008, and to the extent new residential condominium projects are currently being built in Fort Collins, condominium units are being offered for sale most often at higher price points. The lack of new residential condominium construction in Fort Collins may be attributable, in part, to trends in construction defect litigation brought by condominium homeowner associations in common interest communities, with the scope of such claims in recent years causing new condominium projects to be uninsurable, un-financeable, or both, particularly at more affordable price points for those seeking to enter the housing market. The proposed Ordinance seeks to address particularized local interests in the development of diverse and affordable housing and protection of public health and safety by addressing construction defects issues through local building codes in a manner that is intended to minimize conflict with existing state law. The Ordinance: 1. Clarifies that a violation of any City Building Code, or a failure to substantially comply with any such Code, does not create a private cause of action, and provides that a violation of any City Building Code, or a ATTACHMENT 1 20.1 Packet Pg. 271 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4240 : SR 030 Construction Defects) Agenda Item 13 Item # 13 Page 2 failure to substantially comply with any such Code, may not be used to support or prove any construction defect claim, except in specified circumstances. 2. Requires that before the executive board of a common interest community that includes residential units institutes any legal action involving a construction defect claim, it must: (a) give a notice to residential unit owners that includes additional information above and beyond that already required in the Colorado Common Interest Ownership Act (§38-33.3-303.5, C.R.S) to more fully advise the unit owners of the nature of the action, potential impacts, and the relief sought; and (b) obtain written consent from the majority of unit owners. 3. Requires that whenever a declaration in a common interest community that includes residential units (a) requires any form of alternative dispute resolution for construction defect claims asserted by the association, executive board, or any unit owner; and (b) expressly prohibits any future amendment to the declaration that would modify or eliminate such a requirement without the consent of the declarant, then any attempt to modify or eliminate the requirement for alternative dispute resolution by the association, executive board or unit owners without the consent of the declarant shall be deemed ineffective, an abrogation of a contractual obligation, and void as against public policy, and may expose anyone seeking to eliminate such a requirement for ADR to penalties under the City Code. CITY FINANCIAL IMPACTS There is no quantifiable financial impact to the City from this Ordinance at this time. However, the Ordinance does apply uniformly to property owned privately and by the City. So, to the extent the City may have construction defect claims as an owner of a condominium unit in a common interest community that includes residential units, the City will be subject to the limitations set forth in the Ordinance. BOARD / COMMISSION RECOMMENDATION No recommendations have been sought from any boards or commissions. PUBLIC OUTREACH No public outreach has occurred for this topic. ATTACHMENTS 1. Construction Defects Legislation in Fort Collins (PDF) 2. Powerpoint presentation (PDF) 20.1 Packet Pg. 272 Attachment: First Reading Agenda Item Summary, March 1, 2016 (w/o attachments) (4240 : SR 030 Construction Defects) ATTACHMENT 2 20.2 Packet Pg. 273 Attachment: Affordable Housing Board memo, March 3, 2016 (4240 : SR 030 Construction Defects) 1 Construction Defects Ordinance-Second Reading Tom Leeson, CDNS Director ATTACHMENT 3 20.3 Packet Pg. 274 Attachment: Powerpoint presentation (4240 : SR 030 Construction Defects) Construction Defects 2 Follow up from First Reading • A potential modification to Sec. 5-352(a) to permit recovery of other financial damages such as damages resulting from a failure to meet energy standards set forth in the City’s building codes • An inquiry regarding Sec. 5-353(c) with regards to voting thresholds for Homeowner Associations • An inquiry as to the impact on the housing market in other communities that have adopted construction defects legislation 20.3 Packet Pg. 275 Attachment: Powerpoint presentation (4240 : SR 030 Construction Defects) -1- ORDINANCE NO. 030, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REGARDING ADOPTION OF A NEW ARTICLE VIII OF CHAPTER 5 OF THE CODE OF THE CITY OF FORT COLLINS INVOLVING THE ESTABLISHMENT AND RESOLUTION OF CONSTRUCTION DEFECT CLAIMS WHEREAS, the City has a compelling local and municipal interest in promoting a diverse housing supply that gives residents the opportunity to rent and purchase homes in a range of styles, locations and price points; and WHEREAS, as the most populous and urbanized city in Northern Colorado with limited opportunity to annex new territory, Fort Collins must accommodate much of its population growth in multi-story multi-family buildings; and WHEREAS, to the extent new residential condominium projects are currently being built in Fort Collins, condominium units are being offered for sale generally at higher price points; and WHEREAS, an increase in the number of affordable residential condominium units available for sale in Fort Collins may have a positive effect on overall housing costs in Fort Collins by providing more attainable for-sale housing stock and by providing housing consumers with an alternative to paying high rents; and WHEREAS, an increase in the number of residential condominium units available for sale in the city may improve consumer choice by providing residents greater opportunities to invest and develop equity in homes in urban and transit corridors, rather than renting in these locations; and WHEREAS, the lack of new residential condominium construction in Fort Collins may be attributable, in part, to trends in construction defect litigation brought by homeowners associations in common interest communities, causing new condominium projects to be uninsurable, un-financeable, or both, particularly at more affordable price points for those seeking to enter the housing market; and WHEREAS, the City Council desires to encourage affordable residential condominium construction in Fort Collins through the efficient and fair resolution of construction defect claims, without compromising the rights and remedies condominium homeowners associations and individual condominium owners have under state law; and WHEREAS, Colorado courts recognize the authority of legislative bodies to determine how their regulatory codes adopted under the police power, including building codes, may or may not be used in private civil litigation, and it is further the intent of the City Council to clearly express how compliance with or violation of the City’s codes may be invoked by private litigants in the course of construction defects claims brought by common interest communities; and 20.4 Packet Pg. 276 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -2- WHEREAS, Colorado law and public policy support the use of alternative dispute resolution (ADR) in lieu of litigation, and the Council further intends by this ordinance to likewise support the use of ADR and reinforce requirements for arbitration as agreed to by parties under the declaration of covenants in common interest communities; and WHEREAS, because initiation of a construction defects claim in a common interest community significantly affects the economic interests of all condominium owners, the City Council also intends to promote and require informed consent by affected homeowners prior to the initiation of new claims involving construction defects in the city; and WHEREAS, nothing in this Ordinance is intended to conflict with or supersede the requirements of any state statute governing construction defects claims, including by way of example the notice of claim provisions set forth in the Colorado Construction Defect Action Reform Act, Part 8 of Article 20 of Title 13, C.R.S. 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 Chapter 5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article VIII which reads in its entirety as follows: ARTICLE VIII. CONSTRUCTION DEFECT CLAIMS Sec. 5-350. Intent. The general purpose of this Article is to amend the City building regulations in a manner that will encourage residential condominium construction in the City of Fort Collins through the efficient and fair resolution of construction defect claims, without compromising the rights and remedies of condominium homeowners associations and owners of individual condominium units used for residential purposes under Colorado law. This Article shall be effective and apply to any common interest community that includes residential units created in the City on and after July 1, 2016. Sec. 5-351. Definitions. The following terms, phrases, and words, when used in this Article, shall have the meanings ascribed to them in this Section: Association shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. 20.4 Packet Pg. 277 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -3- Common interest community shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Construction defect claim shall mean a civil action or an arbitration proceeding for damages, indemnity, or contribution brought against a development party to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of the use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property that is part of a common interest community. Declarant shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Declaration shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Development party shall mean an architect, contractor, subcontractor, developer, declarant or affiliates of a declarant, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property that is part of the common interest community or any other party responsible for any part of the design or construction of any portion of the common interest community, or any of such parties’ affiliates, or the officers, directors, partners, shareholders, members, managers, employees or servants of any of them. Executive board shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Governing documents shall mean the declaration, articles of incorporation, bylaws, rules and regulations, policies and procedures of a common interest community. Residential use shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Residential unit shall mean a unit limited by a declaration to residential use. Unit shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Unit owner shall be defined as provided in the Colorado Common Interest Ownership Act, Article 33.3 of Title 38, C.R.S., as amended. Sec. 5-352. Relationship of city building codes to construction defect claims. (a) In general. A violation of any section of Articles I throughVII of this Chapter, or a failure to substantially comply with any portion thereof, shall not create a private cause of 20.4 Packet Pg. 278 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -4- action. A violation of any section of this Chapter, or a failure to substantially comply with any portion thereof, may not be used to support or prove any construction defect claim, regardless of the statutory or common law theory under which the claim is asserted, unless the violation or failure to substantially comply causes one or more of the following: (1) Actual damage to real or personal property; (2) Actual loss of the use of real or personal property; (3) Bodily injury or wrongful death; or (4) A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of residential real property. (b) No strict liability. Under no circumstances shall a violation of any section of this Chapter, or a failure to substantially comply with any portion thereof, support or prove a construction defect claim based upon a theory of strict liability, or under the common law doctrine of negligence per se. (c) Code compliant improvements shall not be considered defective. The provisions of this this Chapter are intended to establish a minimum standard for safe and sound construction. Therefore, any particular element, feature, component or other detail of any improvement to real property that is specifically regulated under this Chapter and is constructed or installed in substantial compliance with this Chapter shall not be considered defective for purposes of proving any construction defect claim. Sec. 5-353. Informed consent for construction defect claims. (a) Information required in notice to unit owners. Before the executive board of a common interest community that includes residential units institutes any legal action involving a construction defect claim, the executive board shall include in the notice to unit owners required by § 38-33.3-303.5, C.R.S. the following additional information to more fully advise unit owners of the nature of the action and the relief sought, in substantially the following form: (1) If the association does not file a claim by ______ (DATE), the claim cannot be filed at all under the applicable statute of limitations, statute of repose, or both. (2) If the association prevails, the executive board expects the association may recover from the defendant(s) an amount between $_____ and $_____. (3) The executive board intends to enter into a contingency fee arrangement with the attorneys representing the association, under which, of the amount the association recovers from the defendant(s), the attorneys will be paid a 20.4 Packet Pg. 279 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -5- contingency fee equal to ____ percent of the (net) (gross) recovery. The executive board estimates that, in addition to the attorney fees, the association will incur costs totaling approximately $ _____ for consultants, expert witnesses, depositions, filing fees, and other expenses of litigation. (4) If the association makes a claim and does not win, the executive board expects the association will have to pay for its own attorney fees, consultant fees, expert witness fees, and other costs (the amount listed in paragraph 1, above) plus defendant’s consultant fees, expert witness fess, and court costs. (5) If the association does not recover from the defendant(s), it may have to pay to repair or replace the claimed defective construction work. (6) Until the claimed defective construction work is repaired or replaced, or until the construction defect claim is concluded, the market value of the affected units may be adversely affected. (7) Until the claimed defective construction work is repaired or replaced, or until the claim is concluded, owners of the affected units may have difficulty refinancing and prospective buyers of the affected units may have difficulty obtaining financing. In addition, certain federal underwriting standards or regulations prevent refinancing or obtaining a new loan in projects where a construction defect is claimed. In addition, certain lenders as a matter of policy will not refinance or provide a new loan in projects where a construction defect is claimed. (b) Timing of notice to unit owners. The notice to unit owners required by § 38-33.3- 303.5, C.R.S., including the additional information set forth in subsection (a) of this section with respect to associations that include residential units, must be sent to affected unit owners at least sixty (60) days before service on a development party of the notice of a construction defect claim under the Colorado Construction Defect Action Reform Act, § 13-20-803.5, C.R.S. (c) Majority consent of unit owners required. A construction defect claim is not authorized unless the executive board of an association that includes residential units obtains the signed, written consent from owners, other than the declarant, of units to which at least a majority of the total votes, excluding votes allocated to units owned by the declarant, in the association are allocated, which written consent acknowledges that the owner has received the notice required under § 38-33.3-303.5, C.R.S., including the additional information set forth in Subsection (a) above, and approves of the executive board’s proposed action. (d) Preservation of privileged information. Nothing in this Section shall be construed to: 20.4 Packet Pg. 280 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -6- (1) Require the disclosure in the notice or disclosure to a unit owner of attorney-client communications or other privileged communication. (2) Permit the notice to serve as a basis for any person to assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection with, the disclosure of information in the notice. Sec. 5-354. Enforcement of covenants requiring alternative dispute resolution, penalties. (a) Requirements for modification of ADR provisions in declaration. No person shall attempt to modify or eliminate a requirement for alternative dispute resolution by the association, by the executive board or by the unit owners without the consent of the declarant, whenever a declaration in a common interest community that includes residential units requires any form of alternative dispute resolution for construction defect claims asserted by the association, by the executive board, or by any unit owner, and such declaration expressly prohibits any future amendment to the declaration that would modify or eliminate the requirement for alternative dispute resolution without the consent of the declarant. This Section shall apply only if: (1) The declaration contains a provision substantially in the following form: “The terms and provisions of the Declaration requiring alternative dispute resolution for construction defect claims inure to the benefit of Declarant, are enforceable by Declarant, and shall not ever be amended without the written consent of Declarant and without regard to whether Declarant owns any portion of the Real Estate at the time of such amendment. BY TAKING TITLE TO A UNIT, EACH OWNER ACKNOWLEDGES AND AGREES THAT THE TERMS OF THE DECLARATION REQUIRING ALTERNATIVE DISPUTE RESOLUTION OF CONSTRUCTION DEFECT CLAIMS ARE A SIGNIFICANT INDUCEMENT TO THE DECLARANT'S WILLINGNESS TO DEVELOP AND SELL THE UNITS AND THAT IN THE ABSENCE OF THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS CONTAINED IN THE DECLARATION, DECLARANT WOULD HAVE BEEN UNABLE AND UNWILLING TO DEVELOP AND SELL THE UNITS FOR THE PRICES PAID BY THE ORIGINAL PURCHASERS.” and, (2) The provisions of the declaration requiring alternative dispute resolution for construction defect claims inure to the benefit of other development parties in addition to the declarant; and (3) The provisions of the declaration requiring alternative dispute resolution for construction defect claims are consistent with the requirements of the Colorado Uniform Arbitration Act, Part 2 of Article 22 of Title 13, C.R.S., 20.4 Packet Pg. 281 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -7- including but not limited to the requirement that any mediator or arbitrator selected to preside over a construction defect claim must be a neutral third party as required by § 13-22-211 (2), C.R.S., and that the mediator or arbitrator shall make the disclosures required by § 13-22-212, C.R.S.; and (4) The provisions of the declaration requiring alternative dispute resolution for construction defect claims require that any mediation or arbitration must be held at a mutually agreeable location within the City of Fort Collins; and (5) The provisions of the declaration requiring alternative dispute resolution for construction defect claims requires that any arbitration shall be governed by the substantive law of Colorado with regard to any remedy granted, and if the remedy is substantially affected by the arbitrator’s failure to follow the substantive law of Colorado, a court may vacate or refuse to confirm the arbitrator’s award on that basis. (b) Effect of violation of requirements for modification of ADR provisions in declaration. Any attempt to modify or eliminate a requirement for alternative dispute resolution contrary to Subsection (a) above, shall be deemed ineffective, an abrogation of a contractual obligation, and void as against public policy. Any person who attempts to so modify or eliminate such a requirement in violation of Subsection (a), shall, upon conviction, be subject to the penalties set forth in § 1-15 of the City Code. This Article VIII shall not create any private cause of action, civil remedy or contract right. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 20.4 Packet Pg. 282 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) -8- Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 20.4 Packet Pg. 283 Attachment: Ordinance No. 030, 2016 (4240 : SR 030 Construction Defects) Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lucinda Smith, Environmental Sustainability Director Jackie Kozak-Thiel, Chief Sustainabillity Officer SUBJECT Resolution 2016-029 Authorizing the City Attorney to Join in Litigation in Support of the Environmental Protection Agency's Clean Power Plan Rule as an Amicus Curiae. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of a Resolution authorizing the City Attorney to join, on behalf of the City, the Amicus Brief being prepared on behalf of multiple local governments, expressing support for implementation of the federal Clean Power Plan. Participation will allow Fort Collins to emphasize the vital nature of the Clean Power Plan rules for public health and welfare protections and the opportunity posed by our nation’s on-going transition to clean energy. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Clean Power Plan In October 2015, the U.S. Environmental Protection Agency issued the final Clean Power Plan (CPP) Rule. The CPP Rule is a historic public health and welfare protection initiative that sets national standards for greenhouse gas pollution from power plants, America’s largest source of emissions. This rule supports the City’s on-going efforts to address climate change, and will accelerate the nation’s transition to a clean energy economy. The CPP Rule, published in the Federal Register in October 2015, establishes emissions guidelines pursuant to the Clean Air Act Section 111(d) for states to follow in developing plans to reduce greenhouse gas emissions from existing fossil fuel-fired (coal, natural gas, oil) electric generating units. While state-level carbon emissions reductions are federally prescribed, the rule empowers states to develop their own compliance plans to reach the Rule’s required emissions reductions by 2022. The Rule gives states until September 6, 2016 to file a final plan, or request an extension from EPA. If implemented as published, the CPP Rule requires reduction of carbon emissions from power plants by 32% below 2005 levels by 2030, or about 870 tons nationwide, which EPA estimates would yield public health and climate benefits worth $34-$54 billion/year in 2030. For reference, the greenhouse gas inventory that Fort Collins conducts annually estimates that our community emits approximately 2.3 million metric tons, so the impact of this regulation has the effect of approximately 378 communities of Fort Collins’ size becoming carbon neutral. Agenda Item 21 Item # 21 Page 2 Clean Power Plan Litigation The legal merits of the CPP Rule have been challenged in the D.C. Circuit Court of Appeals. In October 2015, multiple parties including twenty-seven states (including Colorado), fossil fuel energy companies, the American Public Power Association and the American Chamber of Commerce filed a motion to “stay”’ the CPP Rule. The motion for a stay challenged the authority of the EPA to regulate power plants under the Clean Air Act, asserting that without a stay, irreparable injury would be incurred as a result of expending resources to plan for compliance and displacement of long-standing state policies. In December 2015, the U.S. Department of Justice responded to the stay request on behalf of EPA, arguing that the CPP Rule is lawful through direct application of the Clean Air Act, and that the CPP Rule does not intrude on areas of regulation reserved for states. EPA also argued that state planning and potential economic losses to industry do not constitute irreparable harm. Following this, multiple parties including eighteen states, multiple local governments, clean energy organizations and environment advocacy groups filed motions opposing the stay, arguing that the CPP Rule is lawful and a stay is not in the public interest. In January 2016, the D.C. Circuit Court denied the stay request, which decision was appealed to the U.S. Supreme Court. In February 2016, in a 5-4 ruling, the Supreme Court “stayed” implementation of the CPP Rule. The stay prevents EPA from enforcing the CPP Rule, but has no effects on state planning efforts. Following the stay, litigation over the rule is proceeding in the D.C. Circuit. Oral argument is scheduled for June 2, 2016. Amicus Brief Coalition A coalition of local governments is forming in order to support the legal defense of the CPP Rule as amici curiae (“friends of the court”) in support of the EPA as respondent in the litigation on the CPP Rule. The Sabin Center for Climate Change Law at Columbia Law School is preparing to file a brief in the United States D.C. Circuit Court on behalf of the coalition. Organizations joining the coalition to date include: the U.S. Conference of Mayors, National League of Cities, and the cities of Baltimore, MD; Coral Gables, FL; Grand Rapids, MI; Houston, TX; Jersey City, NJ; Los Angeles, CA; Minneapolis, MN; Portland, OR; Pinecrest, FL; Providence, RI; Salt Lake City, UT; San Francisco, CA; West Palm Beach, FL; and Boulder County, CO. The objective of the local government coalition brief is to provide the local government perspective on the importance of the CPP and on the promise it holds for a more sustainable, resilient future. Scope of Brief Signing on to the brief indicates the City agrees with and joins in the legal arguments advanced by the brief. The actual draft brief is not available for review yet, but the following points have been identified as the principle legal arguments to be made in the pending brief: 1. Climate change poses immediate threats to human welfare and services functions in urban and non- urban areas. The CPP is a necessary action to address these extraordinary risks. 2. The relevance of climate change to local governments’ responsibilities and activities has prompted local governments to make local efforts both to adapt to changing climatic circumstances and to slow or eliminate greenhouse gas emissions. The CPP furthers these local goals and efforts on a nationwide basis. 3. The CPP is a valid exercise of EPA’s authority and represents a reasonable interpretation of the “best system of emissions reduction” standard established under Section 111(d) of the Clean Air Act. The rule incentivizes local initiatives that will increase resiliency to climate change impacts and help reduce greenhouse gas emissions. 4. The CPP is important to local governments, which stand on the front line of efforts to deal with climate change, by adapting to its impacts and developing less carbon intensive ways to meet energy and infrastructure needs for the U.S. population that lives in cities. Agenda Item 21 Item # 21 Page 3 What Signing On Would Mean For Fort Collins Signing on to the brief would indicate that the City of Fort Collins supports the EPA’s authority to issue and require implementation of the CPP Rule. Joining the brief does not make or require any other formal commitments from the City of Fort Collins. The City’s 2016 Legislative Policy Agenda supports participation in federal and state efforts through the following statements: Participate in federal, state and regional efforts to foster resilient communities. The City supports policies and legislation helping communities to achieve specific greenhouse gas reductions. The extent to which the operation and lifecycles of Platte River Power Authority's electric generating facilities will be impacted by the CPP Rule is unclear. Platte River Power Authority’s Board and staff have not taken any position on the CPP Rule litigation. PRPA staff has been heavily involved in modeling efforts and continues to engage in the stakeholder process on the Colorado Clean Power Plan undertaken by the Colorado Department of Public Health and Environment - which process is continuing in Colorado despite the stay. Loveland, Longmont and Estes Park have not signed on to the amicus curiae brief. The State of Colorado and the American Public Power Association, of which the City is a member, have entered the lawsuit to oppose the EPA CPP rule. Governor Hickenlooper has publicly expressed support for the CPP. CITY FINANCIAL IMPACTS No funding is required from the City of Fort Collins to join the amicus brief. Joining the amicus brief will require additional management and legal staff effort to review the brief and conduct related work. The Sabine Center will likely seek input from local governments in the form of case studies, best practices, data points, and other information that would help inform the court’s decision-making, in order to best represent the local government point of view. That staff burden is expected to be manageable with existing staff. BOARD / COMMISSION RECOMMENDATION Time did not allow for Board and Commission input. However, the Resolution does significantly align with adopted City goals and policies associated with the Climate Action Plan Framework, which has involved extensive Board and Commission engagement. PUBLIC OUTREACH Time did not allow for public input. However, the Resolution does significantly align with adopted City goals and policies associated with the Climate Action Plan Framework, which has involved extensive public engagement. -1- RESOLUTION 2016-029 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY ATTORNEY TO JOIN IN LITIGATION IN SUPPORT OF THE ENVIRONMENTAL PROTECTION AGENCY’S CLEAN POWER PLAN RULE AS AN AMICUS CURIAE WHEREAS, in October, 2015, the U.S. Environmental Protection Agency (“EPA”) adopted the "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," 80 Fed. Reg. 64,662 (October 23, 2015), also known as the “Clean Power Plan” Rule (the “CPP Rule”), a set of regulations to reduce carbon emissions associated with electric power generation; and WHEREAS, on October 23, 2015, the State of Colorado, along with other state and local governments, petitioned the D.C. Circuit Court of Appeals to stay application of the CPP Rule; and WHEREAS, on January 21, 2016, the D.C. Circuit in the consolidated case entitled West Virginia, et al. v. EPA, et al., Case No. 15-1363 (the “Case”) denied the stay request; and WHEREAS, the D.C. Circuit decision denying the stay request was appealed to the U.S. Supreme Court (Case No. 15A773), which overturned the D.C. Circuit on February 9, 2016, and granted a stay in the Case; and WHEREAS, following the U.S. Supreme Court’s stay, litigation in the Case resumed before the D.C. Circuit, and supporters of both sides of the dispute have begun entering the case directly or by preparing briefs to assist the D.C. Circuit Court in evaluating the issues; and WHEREAS, the National League of Cities (“NLC”) and others representing a “Local Government Coalition” are participating in an amicus curiae brief in support of the EPA as the Respondent in the Case (the “Amicus Brief”), and the City has been asked to join in that effort as signatory on the Amicus Brief; and WHEREAS, the relevance of climate change to local government responsibilities and activities has prompted the City of Fort Collins to adopt local efforts to adapt to climate changes and to slow greenhouse gas emissions, as described in the City’s Climate Action Plan Framework; and WHEREAS, the City’s 2016 Legislative Policy Agenda calls for the City to “Participate in federal, state and regional efforts to foster resilient Communities” and that “the City supports policies and legislation helping communities to achieve specific greenhouse gas reductions”; and WHEREAS, the City Council concludes that the CPP Rule is important to Fort Collins, which stands with other local governments on the front line of efforts to deal with climate change by developing lower carbon-intensive methods to meet energy and infrastructure needs for the U.S. population that lives in cities; and -2- WHEREAS, regulation requiring local, regional, and national responses to climate change impacts human welfare and municipal services, and the City Council concludes that the City could be affected by the invalidation of the CPP Rule; and WHEREAS, the City Council finds that joining with the NLC and the other public bodies of the “Local Government Coalition” in supporting the Amicus Brief is consistent with the community environmental goals and programs established by the City and will further benefit the City’s residents. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Attorney is authorized to take such actions on behalf of the City of Fort Collins as may be required for the City to participate as a party to the Amicus Brief prepared by the Sabin Center for Climate Change Law at Columbia Law School, joining the NLC and others as part of a “Local Government Coalition,” to support the authority of the U.S. Environmental Protection Agency to adopt the CPP Rule, in West Virginia, et al. v. EPA, et al., Case No. 15-1363, pending before the D.C. Circuit Court of Appeals. Section 3. That the direction to the City Attorney to join the City as a signatory to the Amicus Brief, as provided herein, is subject to the City Attorney’s satisfaction, upon review and consultation with City staff, and the Sabin Law Center and/or the NLC, as to the content and validity of all legal arguments advanced in that Brief, as may be determined to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of the Resolution. Passed and adopted at a regular meeting of the City Council of the City of Fort Collins this 15th day of March, 2016. Mayor ATTEST: City Clerk Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Lucinda Smith, Environmental Sustainability Director Jackie Kozak-Thiel, Chief Sustainabillity Officer SUBJECT Resolution 2016-029 Authorizing the City Attorney to Join in Litigation in Support of the Environmental Protection Agency's Clean Power Plan Rule as an Amicus Curiae. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of a Resolution authorizing the City Attorney to join, on behalf of the City, the Amicus Brief being prepared on behalf of multiple local governments, expressing support for implementation of the federal Clean Power Plan. Participation will allow Fort Collins to emphasize the vital nature of the Clean Power Plan rules for public health and welfare protections and the opportunity posed by our nation’s on-going transition to clean energy. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Clean Power Plan In October 2015, the U.S. Environmental Protection Agency issued the final Clean Power Plan (CPP) Rule. The CPP Rule is a historic public health and welfare protection initiative that sets national standards for greenhouse gas pollution from power plants, America’s largest source of emissions. This rule supports the City’s on-going efforts to address climate change, and will accelerate the nation’s transition to a clean energy economy. The CPP Rule, published in the Federal Register in October 2015, establishes emissions guidelines pursuant to the Clean Air Act Section 111(d) for states to follow in developing plans to reduce greenhouse gas emissions from existing fossil fuel-fired (coal, natural gas, oil) electric generating units. While state-level carbon emissions reductions are federally prescribed, the rule empowers states to develop their own compliance plans to reach the Rule’s required emissions reductions by 2022. The Rule gives states until September 6, 2016 to file a final plan, or request an extension from EPA. If implemented as published, the CPP Rule requires reduction of carbon emissions from power plants by 32% below 2005 levels by 2030, or about 870 tons nationwide, which EPA estimates would yield public health and climate benefits worth $34-$54 billion/year in 2030. For reference, the greenhouse gas inventory that Fort Collins conducts annually estimates that our community emits approximately 2.3 million metric tons, so the impact of this regulation has the effect of approximately 378 communities of Fort Collins’ size becoming carbon neutral. Agenda Item 21 Item # 21 Page 2 Clean Power Plan Litigation The legal merits of the CPP Rule have been challenged in the D.C. Circuit Court of Appeals. In October 2015, multiple parties including twenty-seven states (including Colorado), fossil fuel energy companies, the American Public Power Association and the American Chamber of Commerce filed a motion to “stay”’ the CPP Rule. The motion for a stay challenged the authority of the EPA to regulate power plants under the Clean Air Act, asserting that without a stay, irreparable injury would be incurred as a result of expending resources to plan for compliance and displacement of long-standing state policies. In December 2015, the U.S. Department of Justice responded to the stay request on behalf of EPA, arguing that the CPP Rule is lawful through direct application of the Clean Air Act, and that the CPP Rule does not intrude on areas of regulation reserved for states. EPA also argued that state planning and potential economic losses to industry do not constitute irreparable harm. Following this, multiple parties including eighteen states, multiple local governments, clean energy organizations and environment advocacy groups filed motions opposing the stay, arguing that the CPP Rule is lawful and a stay is not in the public interest. In January 2016, the D.C. Circuit Court denied the stay request, which decision was appealed to the U.S. Supreme Court. In February 2016, in a 5-4 ruling, the Supreme Court “stayed” implementation of the CPP Rule. The stay prevents EPA from enforcing the CPP Rule, but has no effects on state planning efforts. Following the stay, litigation over the rule is proceeding in the D.C. Circuit. Oral argument is scheduled for June 2, 2016. Amicus Brief Coalition A coalition of local governments is forming in order to support the legal defense of the CPP Rule as amici curiae (“friends of the court”) in support of the EPA as respondent in the litigation on the CPP Rule. The Sabin Center for Climate Change Law at Columbia Law School is preparing to file a brief in the United States D.C. Circuit Court on behalf of the coalition. Organizations joining the coalition to date include: the U.S. Conference of Mayors, National League of Cities, and the cities of Baltimore, MD; Coral Gables, FL; Grand Rapids, MI; Houston, TX; Jersey City, NJ; Los Angeles, CA; Minneapolis, MN; Portland, OR; Pinecrest, FL; Providence, RI; Salt Lake City, UT; San Francisco, CA; West Palm Beach, FL; and Boulder County, CO. The objective of the local government coalition brief is to provide the local government perspective on the importance of the CPP and on the promise it holds for a more sustainable, resilient future. Scope of Brief Signing on to the brief indicates the City agrees with and joins in the legal arguments advanced by the brief. The actual draft brief is not available for review yet, but the following points have been identified as the principle legal arguments to be made in the pending brief: 1. Climate change poses immediate threats to human welfare and services functions in urban and non- urban areas. The CPP is a necessary action to address these extraordinary risks. 2. The relevance of climate change to local governments’ responsibilities and activities has prompted local governments to make local efforts both to adapt to changing climatic circumstances and to slow or eliminate greenhouse gas emissions. The CPP furthers these local goals and efforts on a nationwide basis. 3. The CPP is a valid exercise of EPA’s authority and represents a reasonable interpretation of the “best system of emissions reduction” standard established under Section 111(d) of the Clean Air Act. The rule incentivizes local initiatives that will increase resiliency to climate change impacts and help reduce greenhouse gas emissions. 4. The CPP is important to local governments, which stand on the front line of efforts to deal with climate change, by adapting to its impacts and developing less carbon intensive ways to meet energy and infrastructure needs for the U.S. population that lives in cities. Agenda Item 21 Item # 21 Page 3 What Signing On Would Mean For Fort Collins Signing on to the brief would indicate that the City of Fort Collins supports the EPA’s authority to issue and require implementation of the CPP Rule. Joining the brief does not make or require any other formal commitments from the City of Fort Collins. The City’s 2016 Legislative Policy Agenda supports participation in federal and state efforts through the following statements: Participate in federal, state and regional efforts to foster resilient communities. The City supports policies and legislation helping communities to achieve specific greenhouse gas reductions. The extent to which the operation and lifecycles of Platte River Power Authority's electric generating facilities will be impacted by the CPP Rule is unclear. Platte River Power Authority’s Board and staff have not taken any position on the CPP Rule litigation. PRPA staff has been heavily involved in modeling efforts and continues to engage in the stakeholder process on the Colorado Clean Power Plan undertaken by the Colorado Department of Public Health and Environment - which process is continuing in Colorado despite the stay. Loveland, Longmont and Estes Park have not signed on to the amicus curiae brief. The State of Colorado and the American Public Power Association, of which the City is a member, have entered the lawsuit to oppose the EPA CPP rule. Governor Hickenlooper has publicly expressed support for the CPP. CITY FINANCIAL IMPACTS No funding is required from the City of Fort Collins to join the amicus brief. Joining the amicus brief will require additional management and legal staff effort to review the brief and conduct related work. The Sabine Center will likely seek input from local governments in the form of case studies, best practices, data points, and other information that would help inform the court’s decision-making, in order to best represent the local government point of view. That staff burden is expected to be manageable with existing staff. BOARD / COMMISSION RECOMMENDATION Time did not allow for Board and Commission input. However, the Resolution does significantly align with adopted City goals and policies associated with the Climate Action Plan Framework, which has involved extensive Board and Commission engagement. PUBLIC OUTREACH Time did not allow for public input. However, the Resolution does significantly align with adopted City goals and policies associated with the Climate Action Plan Framework, which has involved extensive public engagement. -1- RESOLUTION 2016-029 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY ATTORNEY TO JOIN IN LITIGATION IN SUPPORT OF THE ENVIRONMENTAL PROTECTION AGENCY’S CLEAN POWER PLAN RULE AS AN AMICUS CURIAE WHEREAS, in October, 2015, the U.S. Environmental Protection Agency (“EPA”) adopted the "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," 80 Fed. Reg. 64,662 (October 23, 2015), also known as the “Clean Power Plan” Rule (the “CPP Rule”), a set of regulations to reduce carbon emissions associated with electric power generation; and WHEREAS, on October 23, 2015, the State of Colorado, along with other state and local governments, petitioned the D.C. Circuit Court of Appeals to stay application of the CPP Rule; and WHEREAS, on January 21, 2016, the D.C. Circuit in the consolidated case entitled West Virginia, et al. v. EPA, et al., Case No. 15-1363 (the “Case”) denied the stay request; and WHEREAS, the D.C. Circuit decision denying the stay request was appealed to the U.S. Supreme Court (Case No. 15A773), which overturned the D.C. Circuit on February 9, 2016, and granted a stay in the Case; and WHEREAS, following the U.S. Supreme Court’s stay, litigation in the Case resumed before the D.C. Circuit, and supporters of both sides of the dispute have begun entering the case directly or by preparing briefs to assist the D.C. Circuit Court in evaluating the issues; and WHEREAS, the National League of Cities (“NLC”) and others representing a “Local Government Coalition” are participating in an amicus curiae brief in support of the EPA as the Respondent in the Case (the “Amicus Brief”), and the City has been asked to join in that effort as signatory on the Amicus Brief; and WHEREAS, the relevance of climate change to local government responsibilities and activities has prompted the City of Fort Collins to adopt local efforts to adapt to climate changes and to slow greenhouse gas emissions, as described in the City’s Climate Action Plan Framework; and WHEREAS, the City’s 2016 Legislative Policy Agenda calls for the City to “Participate in federal, state and regional efforts to foster resilient Communities” and that “the City supports policies and legislation helping communities to achieve specific greenhouse gas reductions”; and WHEREAS, the City Council concludes that the CPP Rule is important to Fort Collins, which stands with other local governments on the front line of efforts to deal with climate change by developing lower carbon-intensive methods to meet energy and infrastructure needs for the U.S. population that lives in cities; and -2- WHEREAS, regulation requiring local, regional, and national responses to climate change impacts human welfare and municipal services, and the City Council concludes that the City could be affected by the invalidation of the CPP Rule; and WHEREAS, the City Council finds that joining with the NLC and the other public bodies of the “Local Government Coalition” in supporting the Amicus Brief is consistent with the community environmental goals and programs established by the City and will further benefit the City’s residents. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Attorney is authorized to take such actions on behalf of the City of Fort Collins as may be required for the City to participate as a party to the Amicus Brief prepared by the Sabin Center for Climate Change Law at Columbia Law School, joining the NLC and others as part of a “Local Government Coalition,” to support the authority of the U.S. Environmental Protection Agency to adopt the CPP Rule, in West Virginia, et al. v. EPA, et al., Case No. 15-1363, pending before the D.C. Circuit Court of Appeals. Section 3. That the direction to the City Attorney to join the City as a signatory to the Amicus Brief, as provided herein, is subject to the City Attorney’s satisfaction, upon review and consultation with City staff, and the Sabin Law Center and/or the NLC, as to the content and validity of all legal arguments advanced in that Brief, as may be determined to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of the Resolution. Passed and adopted at a regular meeting of the City Council of the City of Fort Collins this 15th day of March, 2016. Mayor ATTEST: City Clerk Packet Pg. 244 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) Packet Pg. 243 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) There will be existing trees that are taken down as part of this project that will be mitigated. The improvement of traffic flow will likely result in reduced air pollution. Staff anticipates recycling of construction materials at Hoffman Mill as opposed 19.2 Packet Pg. 241 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) 19.2 Packet Pg. 240 Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) Attachment: Sustainability Assessment Summary and Tool (4207 : Prospect College ED Authorization) Room 1B, west entrance, 215 North Mason Suzanne Jarboe- Simpson 224-6137 Youth Advisory Board First Wednesday of each month – 5:30 p.m. (no meetings held June - August) Locations vary (check website and Youth Advisory Board Public Notice) Marc Rademacher 221-6309 Aaron Harris 416-2225 Zoning Board of Appeals Second Thursday of each month – 8:30 a.m. Council Chambers, City Hall West, 300 LaPorte Avenue Noah Beals 416-2313 1 Packet Pg. 228 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) Energy Board First Thursday of each month – 5:30 p.m. Board Room, 117 N. Mason Street Tim McCollough 416-2622 Golf Board No meetings held January, February and December First Wednesday of March, 7:00 p.m. Third Wednesday April - September, 7:00 p.m. Third Wednesday of October, 6:00 p.m. First Wednesday of November, 6:00 p.m. Park Shop, 413 S. Bryan Avenue Mike Calhoon 221-6301 Human Relations Commission Second Thursday of each month – 5:30 p.m. Council Information Center, City Hall West, 300 LaPorte Avenue Beth Sowder 221-6752 Land Conservation & Stewardship Board Second Wednesday of each month – 6:00 p.m. Conference Room 1A, west entrance, 215 North Mason Mark Sears 416-2096 1 Packet Pg. 227 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO) Citizen Review Board Zoning Board of Appeals Zoning Board of Appeals Economic Advisory Commission Community Development Block Grant Commission Golf Board Energy Board Parking Advisory Board Golf Board Planning and Zoning Board Water Board Air Quality Advisory Board Senior Advisory Board Cultural Resources Board Land Conservation Stewardship Board Parks and Recreation Board Boards and Commissions Alignment to the Seven Key Outcome Areas Community and High Performing Neighborhood Livability Culture and Recreation Economic Health Environmental Health Government Safe Community Transportation ■ Largest Connection ■ Secondary Connection ■ Third Largest Connection Updated: November 2014 1 Packet Pg. 204 Attachment: Exhibit A (4200 : Adopting 2016 BC Manual RESO)