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COUNCIL - COMPLETE AGENDA - 10/16/2018 - 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 Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting October 16, 2018 Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. 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. Proclamations and Presentations 5:15 p.m. A. Proclamation Declaring October 14-20, 2018 as Minority Enterprise Development Week. B. Proclamation Declaring October as Down Syndrome Awareness Month. C. Proclamation Declaring October as Cyber Security Awareness Month. D. Proclamation Declaring October as Archives Month. E. Proclamation Declaring October as Community Planning Month. City of Fort Collins Page 2 Regular Meeting 6:00 p.m. x PLEDGE OF ALLEGIANCE x CALL MEETING TO ORDER x ROLL CALL x AGENDA REVIEW: CITY MANAGER x City Manager Review of Agenda. x 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. x PUBLIC COMMENT 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. x Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). x 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). x The presiding officer will determine and announce the length of time allowed for each speaker. x 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. x 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.] x PUBLIC COMMENT 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 September 18, 2018, Regular Council Meeting and the September 25, 2018 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the September 18, 2018, regular Council meeting and the September 25, 2018, adjourned Council meeting. 2. Second Reading of Ordinance No. 121, 2018, Appropriating Unanticipated Revenue and Prior Year Reserves in Various City Funds. This Ordinance, unanimously adopted on First Reading on October 2, 2018, combines dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2018 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. 3. Second Reading of Ordinance No. 122, 2018 Amending Sections 17-141 and 17-161 of the Code of the City of Fort Collins Regarding Alcohol. This Ordinance, unanimously adopted on First Reading on October 2, 2018, will ensure correct terms are defined for provisions of the Code of the City of Fort Collins regarding carrying or drinking alcohol or fermented malt beverages in certain places, and for offenses involving substance abuse. 4. Second Reading of Ordinance No. 123, 2018, Annexing the Property Known as the Hughes Stadium Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on October 2, 2018, annexes 164.55 acres of land generally located at the northwest corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State University and is the former location of Hughes Stadium and Rodeo Arena. The Initiating Resolution was adopted on August 21, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 5. Second Reading of Ordinance No. 124, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Hughes Stadium Annexation to the City of Fort Collins, Colorado. 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 2018-034. The purpose of this item is to amend the zoning map and zone the property included in the Hughes Stadium Annexation into the Transition (T) zone district. City of Fort Collins Page 4 6. First Reading of Ordinance No. 125, 2018, Amending Chapter 3 of the Code of the City of Fort Collins to Add a New Article IV Allowing Entertainment Districts and Authorizing the Liquor Licensing Authority to Approve and Regulate Promotional Associations and Common Consumption Areas Within Entertainment Districts. The purpose of this item is to consider an Ordinance establishing City Code provisions that allow City Council to adopt Entertainment Districts and grant the Liquor Licensing Authority the ability to approve and regulate Promotional Associations and Common Consumption Areas within Entertainment Districts. 7. Items Relating to the Sanctuary on the Green Annexation. A. Resolution 2018-096 Setting Forth Findings of Fact and Determinations Regarding the Sanctuary on the Green Annexation. B. Public Hearing and First Reading of Ordinance No. 126, 2018, Annexing the Property Known as the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 16.98 acres. The site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. This is a voluntary annexation. The Initiating Resolution was adopted on September 4, 2018. 8. Public Hearing and First Reading of Ordinance No. 127, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone 16.98 acres. The site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. In accordance with the City Plan’s Structure Plan Map and the Northwest Subarea Plan, the requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. 9. Resolution 2018-097 Approving an Art Project for the Fossil Creek Trail Project and Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program. The purpose of this item is to approve expenditures from the Art in Public Places Reserve Account to commission an artist to create art for the Fossil Creek Trail Project. The expenditures of $50,000 will be for design, materials, signage, fabrication, installation, and contingency for Stephen Shachtman to create a sculpture at the site on the Fossil Creek Trail. 10. Items Relating to an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Chief Judge and a Fifteenth Addendum to the Chief Judge's Employment Agreement. A. Resolution 2018-098 Adopting an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Chief Judge. B. Resolution 2018-099 Authorizing the Fifteenth Addendum to Chief Judge Lane’s Employment Agreement. City of Fort Collins Page 5 The purpose of this item is to modify the performance evaluation process for the City Manager, City Attorney and Chief Judge to allow flexibility in the timing of the evaluations and to allow the Chief Judge to use a designated facilitator. Resolution 2018-099 authorizes execution of an addendum to the Chief Judge’s employment agreement for a new two-year term. 11. Resolution 2018-104 Fact and Conclusions Regarding the Appeal of the Planning and Zoning Board Decision to Approve with Conditions the External Storage Lockers Minor Amendment. The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Planning and Zoning Board decision to approve with conditions the External Storage Lockers Minor Amendment. City Council heard the appeal on October 9, 2018. END CONSENT x CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. x STAFF REPORTS x COUNCILMEMBER REPORTS x 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. 12. Items Relating to the City Council's Position on Amendment 74 and Propositions 109, 110, and 112. A. Resolution 2018-100 Expressing the City Council’s Opposition to Amendment 74, an Attempt to Amend the Colorado Constitution to Drastically Limit State and Local Government at a High Cost to Taxpayers and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue. B. Resolution 2018-101 Expressing the City Council’s Opposition for the Passage of Proposition 109 Relating to Transportation Bonds and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue. City of Fort Collins Page 6 C. Resolution 2018-102 Expressing the City Council’s Support of Proposition 110, Authorizing a 0.62 Percent State Sales Tax to Fund Transportation Infrastructure, and Authorizing Related Bonds, and Urging the Citizens of Fort Collins to Vote “Yes” on this Ballot Issue. D. Resolution 2018-103 Expressing the City Council’s Opposition to the Passage of Proposition 112 Relating to Oil and Gas Setbacks and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue. The purpose of this item is to consider City Council positions for statewide ballot measures up for election on November 6, 2018. These measures are Amendment 74, which would dramatically change state “takings” law; Proposition 109, which would bond $3.5 billion in transportation money to be repaid with existing revenue; Proposition 110, which would increase the state sales tax by 0.62% with those monies going to transportation; and Proposition 112, which would impose a mandatory 2,500 foot setback for all oil and gas production in the state. The Legislative Review Committee (LRC) took the following positions on the initiatives, which mirrored those of the Colorado Municipal League: Proposition/Amendment LRC position Amendment 74 Oppose Proposition 109 Oppose Proposition 110 Support Proposition 112 Oppose x CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS x 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.) x ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, We recognize the contributions that minority-owned businesses make to our economy and way of life; and WHEREAS, Minority-owned firms employ eight million people and generate more than $1 trillion in annual economic output nationally; and WHEREAS, Minority and small businesses serving Fort Collins enhance the quality of life for residents through job creation, and they contribute to the local economy by providing needed products and services; and WHEREAS Minority and small business enterprises are the fastest growing segment of the nation’s business community and are significant economic forces; and WHEREAS, Minority entrepreneurs serve as leaders, mentors, teachers and models for our youth who are business and civic leaders for tomorrow; and WHEREAS, Minority Enterprise Week, a week sponsored by the Minority Business Development Agency exists to recognize the contributions of the minority business community to the U.S. economy; and NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim October 14 - 20, a week in which we celebrate our business community, as MINORITY ENTERPRISE DEVELOPMENT WEEK in Fort Collins in honor of minority-owned businesses and their contribution to the economy. IN WITNESS WHEREOF, I, have hereunto set my hand and the seal of the City of Fort Collins this 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 7 PROCLAMATION WHEREAS, our community believes people with Down syndrome belong in the community and have fundamental moral, civil and constitutional rights to be fully included and actively participate in all aspects of society; and WHEREAS, Fort Collins recognizes people with Down syndrome are defined by their own strengths, abilities, and inherent value, not by their disability; and WHEREAS, we recognize that people with Down syndrome, with appropriate resources and supports, can make decisions about their own lives and must be heard on issues affecting their lives; and WHEREAS, the City of Fort Collins is interested in the welfare of, and improving the quality of life for citizens with Down syndrome; and WHEREAS, the City wants to encourage businesses, individual citizens and the community-at-large to promote full inclusion for citizens with Down syndrome at school, in work and recreation in the community. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of October as DOWN SYNDROME AWARENESS MONTH in the city of Fort Collins and ask the citizens to recognize and include in all activities, all citizens with Down syndrome. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of October. ___________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, National Cyber Security Awareness Month, celebrated every October, remains a collaborative effort between government and industry to ensure every American has the resources they need to stay safer and more secure online; and WHEREAS, National Cyber Security Awareness Month is a time to focus on how cybersecurity is a shared responsibility that affects all Americans and to raise awareness about the importance of cybersecurity; and WHEREAS, the City of Fort Collins recognizes the importance in identifying, responding to and protecting against cyber threats that may have significant impact to our individual and collective security and privacy; and WHEREAS, critical infrastructure sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, utilities, health care, and emergency response systems; and WHEREAS, the 2018 Cyber Security Awareness Month focuses include: Make your Home a Haven for Online Safety; Educating for a Career in Cybersecurity; It’s Everyone’s Job to Ensure Online Safety at Work; and Safeguarding the Nation’s Critical Infrastructure; and WHEREAS, maintaining the security of cyberspace is a shared responsibility in which each of us-elected officials, City staff and community members, has a critical role to play. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim October 2018 as NATIONAL CYBER SECURITY AWARENESS MONTH and encourage all citizens to learn about cyber security and put that knowledge into practice in their homes, schools, workplaces, and businesses. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the Archive at Fort Collins Museum of Discovery is the place to study firsthand facts, data, and evidence from letters, diaries, reports, scrapbooks, rare books, maps, photographs, newspapers, oral histories, and many other primary sources that elucidate the story of Fort Collins; and, WHEREAS, the Archive fosters discovery, whether visitors are writing a research paper on local history, interested in seeing what Old Town looked like 100 years ago, or keen on viewing local yearbooks; and, WHEREAS, the Archive serves as a free and open resource for everyone of all ages to learn about the history of our families, homes, and community so we can understand and strengthen our collective memory; and, WHEREAS, American Archives Month is a nationwide event that presents an opportunity to communicate to people that historical materials important to them are being preserved, cataloged, cared for, and made accessible by trained archivists, archive research assistants, and archive interns and volunteers. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim October 2018 as AMERICAN ARCHIVES MONTH in the City of Fort Collins. IN WITNESS WHEROF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of October, A.D. 2018. ____________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, it is anticipated the City of Fort Collins will continue with sustained community growth within its Growth Management Area (GMA) and that change is constant; and WHEREAS, good community planning provides an opportunity during times of change for all residents to be meaningfully involved in making choices determining the future of their community; and WHEREAS, good community planning has a significant impact on Fort Collins citizens’ day-to-day life: from where they live, to how they commute, to the type of home they live in, planning plays in a vital role in the community’s well-being; and WHEREAS, the full benefits of planning require public officials and residents who understand, support and demand excellence in both planning and plan implementation; and WHEREAS, the City of Fort Collins continues to pursue excellence in community planning as we embark on an update to City Plan, our community vision and plan implementation strategy over the next 20 years; and WHEREAS, we recognize the many valuable contributions made by professional land use, transportation, environmental, historic preservation and other community planners to Fort Collins over many decades and extend our sincere gratitude for continued commitment to good planning by these private, public and non-profit professionals. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare the month of October 2018 as COMMUNITY PLANNING MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the September 18, 2018, Regular Council Meeting and the September 25, 2018 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the September 18, 2018, regular Council meeting and the September 25, 2018, adjourned Council meeting. ATTACHMENTS 1. September 18, 2018 (PDF) 2. September 25, 2018 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 355 September 18, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM x ROLL CALL PRESENT: Martinez, Stephens, Summers, Troxell, Cunniff ABSENT: Overbeck, Horak Staff Present: Atteberry, Daggett, Coldiron x AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. He noted Item No. 14, Continuance to September 25, 2018, of Public Hearing and Resolution 2018-083 Approving the Montava Metropolitan District Nos. 1 through 7 Consolidated Service Plan, continues the public hearing to September 25. x PUBLIC COMMENT Yuval Rosenthal, ASCSU Director of Community Affairs, discussed campus-area canvassing efforts informing residents of the upcoming occupancy study. He stated voter registration training is also being conducted in order to increase voter participation on campus as the Lory Student Center has been approved as a polling place for the November election. Mallory Garneau, FoCo Café, thanked Council for its support of FoCo Café and announced a fundraising campaign to keep the non-profit open. x PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the public comments and thanked the speakers. Councilmember Stephens asked if there are plans to meet with ASCSU. City Manager Atteberry replied in the affirmative and stated he and the Mayor have already had one meeting. x CONSENT CALENDAR Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt and approve all items on the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff ABSENT: Overbeck, Horak 1.1 Packet Pg. 13 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 356 1. Consideration and Approval of the Minutes from the August 21, 2018 Regular Council Meeting and the August 28, 2018 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the August 21, 2018 Regular Council meeting and the August 28, 2018 Adjourned Council meeting. 2. Second Reading of Ordinance No. 115, 2018, Amending Section 2-636 of the Code of the City of Fort Collins to Conform to Recently Amended Section 7-133. (Adopted) This Ordinance, unanimously adopted on First Reading on September 4, 2018, amends Section 2-636 of the City Code relating to financial disclosure statements to conform the language to Section 7-133 of the City Code relating to the timely filing of financial disclosure statements by candidates for a mayoral or Council seat. 3. Second Reading of Ordinance No. 116, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Extend Tiered Electric Rates Into 2019 for Customers Enrolled in Manually-Read Metering Services. (Adopted) This Ordinance, unanimously adopted on First Reading on September 4, 2018, requests an extension of the tiered Residential Energy Rate for a subset of customers who have manually-read electric meters. City Electric Utility personnel have just learned that the expected order of electric meters necessary to implement the time-of-day (TOD) rate for customers who have manually-read meters will not arrive in time to appropriately implement the TOD rate for those customers on schedule. Implementation of the TOD rate for all other applicable customer classes starts on October 1, 2018. This request applies to fewer than 200 customers who have requested manually-read meters at this point. 4. Second Reading of Ordinance No. 117, 2018, Authorizing the Sale of City-Owned Property at 4030 South Taft Hill Road, and the Dedication of Right-of-Way and Easements on Such Property to Larimer County. (Adopted) This Ordinance, unanimously adopted on First Reading on September 4, 2018, obtains authorization from City Council to sell 1.15 acres of City-owned property located at 4030 South Taft Hill Road, at a sales price of no less than $165,000, and convey right-of-way and easements to Larimer County through deeds of dedication. 5. First Reading of Ordinance No. 118, 2018, Appropriating Unanticipated Revenue in the Transportation Fund Work for Others Program for the Fossil Creek Meadows Asphalt Paving Project. (Adopted) The purpose of this item is to appropriate funds from the Fossil Creek Meadows Homeowner’s Association (the “HOA”) into the “Work for Others” program so that City Streets crews can perform asphalt paving services for Fossil Creek Meadow streets that were annexed into the City in 2010. 6. First Reading of Ordinance No. 119, 2018, Designating the Trimble/Taylor/Dixon Property, 817 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Trimble/Taylor/Dixon Property, 817 West Mountain Avenue, for its Classic Cottage architecture. This is a voluntary designation at the property owner’s request. 1.1 Packet Pg. 14 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 357 7. First Reading of Ordinance No. 120, 2018, Designating the Evans/Reidhead Property, 707 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Evans/Reidhead Property, 707 West Mountain Avenue, for its important associations with James (Jim) Reidhead, and as an excellent example of a Dutch Colonial Revival style home in Fort Collins. This is a voluntary designation at the property owner’s request. 8. Resolution 2018-086 Authorizing the Procurement of Services for an Annual Independent Audit of the City's Financial Records. (Adopted) The purpose of this item is to authorize City staff to enter into a professional services agreement with BKD LLP (“BKD”), the independent audit firm recommended by the Council Finance Committee. The Committee interviewed two finalists at the September 5, 2018, special meeting and adopted a motion to recommend BKD for the Council's selection. 9. Items Relating to the Cache la Poudre Instream Flow Plan. (Adopted) A. Resolution 2018-087 Authorizing the City Manager to Execute an Agreement Regarding Phase II of the Plan for Augmentation for Instream Flow Purposes on the Cache la Poudre River. B. Resolution 2018-088 Authorizing the City Manager to Execute an Agreement Regarding the Use of Certain Water Rights of the City of Fort Collins in the Plan for Augmentation for Instream Flow Purposes on the Cache la Poudre River. The purpose of this item is to seek Council review and approval of two proposed agreements to facilitate the potential approval and implementation of a plan to enhance Poudre River flows and to protect those enhanced flows. Resolution 2018-087 authorizes the City Manager to execute an agreement regarding Phase II of a three-phase project to develop an instream flow augmentation plan on the Poudre River through and near Fort Collins. Resolution 2018-088 authorizes the City Manager to execute an agreement regarding the use of certain City water rights to support implementation of the instream flow augmentation plan. x CONSENT CALENDAR FOLLOW-UP Mayor Troxell requested staff input regarding Item No. 9, Items Relating to the Cache la Poudre Instream Flow Plan. City Manager Atteberry replied this is an innovative and systems-based approach to thinking about the River from its mouth to its confluence with the Platte. He noted the Plan must be approved by Water Court. He commended John Stokes and his team for their work. x STAFF REPORTS Larimer County Commissioner Steve Johnson presented the County’s annual Community Report which provides a summary of services provided by the County government and includes performance measures that allow citizens to evaluate the effectiveness of how tax dollars are being used. He commended the City/County partnership. 1.1 Packet Pg. 15 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 358 Mayor Troxell thanked Commissioner Johnson for his report and commended the City/County partnership. Councilmember Stephens requested information on community affordable child care. Commissioner Johnson replied some additional funds for the Childcare Assistance Program have been appropriated; however, there is still a wait list for the program. Councilmember Stephens commended the County's Be Ready program for students. Paul Sizemore, FC Moves Senior Manager, reported on Bike to Work Day's alignment with the City's Strategic Plan in terms of riders gaining familiarity with the City's bicycle infrastructure. Sizemore discussed data collected at the recent Bike to Work Day and discussed the partnership with other departments to advance the climate action initiative called Take Two which encourages citizens to take two small actions to reduce greenhouse impacts. Sizemore stated the main goal of Bike to Work Day is to increase its outreach and communicate that biking anywhere in the city is very possible. Councilmember Cunniff thanked staff for its work on Bike to Work Day over the years and for including the materials on the City website. He asked if the station man hours versus the number of visits have been calculated. Sizemore replied extensive surveying occurs as part of the event and stated hours could be extended if desired. Councilmember Stephens asked if staff has ideas on how to increase participation among women, youth, and underserved populations. Sizemore replied coordinating with other events, such as Open Streets, and working closely with community partners such as Bike Fort Collins are key in increasing participation. Councilmember Summers discussed the importance of encouraging other types of non-vehicular travel, such as electric mobility scooters. x COUNCILMEMBER REPORTS Councilmember Martinez reported on the Anheuser-Busch water event during which beer production is halted and water is canned for emergency services. He also reported on the Fort Collins Board of Realtors board installation at the Lincoln Center and the Skype conversation at Poudre High School with a Poudre graduate astronaut. Councilmember Summers reported on the Down Syndrome Walk and announced a town hall meeting he will be hosting on September 29 regarding the City's new electric rates. Councilmember Cunniff discussed his listening session concurrent with the recent Open Streets event. He requested an update on veterans' issues, particularly related to the Veteran’s Adminstration. Councilmember Stephens reported on attending a veterans' symposium aimed at younger veterans in the community. She also reported on a racial equity and leadership training sponsored by the National League of Cities. Councilmember Summers noted the Municipal Court has a resource sheet for veterans and suggested placing that on the City's website may be helpful. 1.1 Packet Pg. 16 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 359 Mayor Troxell reported on a tour of the Municipal Court with Judge Lane and commended Judge Lane's work. He also reported on a lunch with Platte River Power Authority recognizing its safety record at the Rawhide Power Plant and on the Preserving Historic Roads conference at the Elizabeth Hotel. x DISCUSSION ITEMS 10. Resolution 2018-089 Expressing the City Council’s Support for the Passage of a Larimer County Ballot Issue Imposing a 0.25% Countywide Sales and Use Tax for the Purpose of Providing Mental Health Care Services for Residents of Larimer County and Urging the Citizens of Fort Collins to Vote "Yes" on this Ballot Issue. (Adopted) Council leadership has requested that staff prepare this item for City Council consideration to enable the Council, if it so choses, to express its support of the Larimer County November 6, 2018, ballot issue for a tax to fund mental health care services for residents of Larimer County. City Manager Atteberry stated this Resolution expresses Council's support for the passage of a Larimer County ballot measure imposing a quarter-cent, countywide sales and use tax to provide mental healthcare services for residents of Larimer County. The expansion of critical behavior health services is in alignment with several of the City's strategic objectives. The proposal includes a 13-member governing body. Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-089. Councilmember Stephens asked about the movement away from brick and mortar facilities and toward more distributed models. Laurie Stolen, Larimer County Behavioral Health Project Director, replied the modifications made to the 2018 proposal reflect that movement. Critical needs such as detox facilities are also planned to be included. Exact details have yet to be determined. She noted addressing mental health issues through early identification and intervention is one of the main goals. Mayor Troxell commended the collaborative efforts around mental health in the community. Councilmember Martinez stated this item is extremely important to the overall health of the community. Councilmember Summers commended those involved in this issue and stated this tax will provide a valuable service to County citizens. Councilmember Stephens stated she would support the motion and encouraged Council's colleagues in other Larimer County municipalities to consider supporting the measure as well. RESULT: RESOLUTION 2018-089 ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff ABSENT: Overbeck, Horak 1.1 Packet Pg. 17 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 360 11. Public Hearing on the 2019-2020 Recommended Biennial Budget for the City of Fort Collins. () This is the first official public hearing on the City Manager’s 2019-2020 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2019- 2020 budget. In an effort to receive further public input, a second public hearing is scheduled for the Tuesday, October 2, 2018 Council meeting at 6:00 p.m. in the Council Chambers. Both of these hearings were set by the City Council by its adoption of Resolution 2018-081 at its September 4, 2018, meeting. The City Manager’s 2019-2020 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library, or the City Clerk’s Office. The recommended budget can also be viewed online at fcgov.com/budget. Mayor Troxell noted this item is a public hearing. Seth Kelley, Directing Change and BASE Camp, supported a budget increase for the Human Services Grant Program. He stated this investment is a direct investment in the social health of the community. Dierdre Sullivan, La Familia Executive Director, stated La Familia is one of two non-profit early education providers in the community and is the sole provider of bilingual behavioral health services in the community. The Department of Social Sustainability's budget is less than what is spent on flowers and landscaping for Old Town Fort Collins alone. She supported funding of two budget offers not recommended for funding. Alan Braslau discussed historic preservation and energy efficiency and supported the budget offer for one full-time equivalent contractual employee for historic preservation building surveys. Meg Dunn supported the budget offer for one full-time equivalent contractual employee for historic preservation building surveys. Kaitlyn Dorn supported the budget offer for one full-time equivalent contractual employee for historic preservation building surveys. Rich Stave discussed degradation in the quality of the South Transit Center in terms of cleanliness and transient issues. James MacDowell supported the budget offer for one full-time equivalent contractual employee for historic preservation building surveys. Cynthia Eichler, Visit Fort Collins, requested funding for an offer her organization is writing that will allow it to be more data-driven and fund a tourism master plan. Russ Cowart discussed the benefits and popularity of pickleball and its support of the City's strategic objectives. Diana Adams discussed the unique characteristics of pickleball and stated there is a need for additional courts, particularly indoor courts. Kevin Deyo discussed the need for maintenance of outdoor pickleball courts and the formation of new indoor courts. The pickleball community has formed an organization which is willing to aid in funding and is in support of the budget offer for Spring Canyon courts. 1.1 Packet Pg. 18 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 361 Dave Franklin stated the pickleball community would like to advocate for more indoor facilities and supported the Spring Canyon court budget offer and potential daytime use of the Foothills Activity Center. Carol Tunner supported the budget offer for one full-time equivalent contractual employee for historic preservation building surveys. Mayor Troxell summarized the citizen comments. Councilmember Cunniff stated he is somewhat confident the historic preservation building survey offer will be funded. He requested additional demographic information regarding the funding of recreation facilities, including pickleball. He also requested information regarding the funding of Old Town flower beds and landscaping. Councilmember Martinez agreed the historic preservation survey item is important to fund and asked about addressing Mr. Stave's concerns. City Manager Atteberry replied that will be addressed immediately. Councilmember Martinez asked about outdoor pickleball court maintenance. City Manager Atteberry replied staff would return with an overall general assessment of the facilities and demographic information as requested by Councilmember Cunniff. Councilmember Stephens thanked the speakers and stated she is in support of looking at prioritizing social services offers. City Manager Atteberry noted the Parks Department provides landscaping and maintenance services for all City buildings and parks in addition to the downtown flower beds and pots. Councilmember Summers stated meeting the social service needs of a community is a communitywide challenge and the City's role in addressing those issues should involve collaboration with other social service agencies. Councilmember Martinez commended the work of the Parks Department and noted citizens have requested the downtown flowers and urban beautification as well. Mayor Troxell expressed support for the historic preservation survey and tourism master plan items. City Manager Atteberry stated the next budget hearing is October 2. (Secretary's Note: The Council took a brief recess at this point in the meeting.) 12. Public Hearing and Resolution 2018-082 Approving the Consolidated Service Plan for Waterfield Metropolitan District Nos. 1-3. (Adopted) The purpose of this item is to consider a Service Plan for the Waterfield Metro District Nos. 1 through 3 (the “Metro Districts”). Thrive Home Builders has submitted a service plan for the Metro Districts to support a proposed development of approximately 500 homes on property generally located at the northwest corner of Vine Drive and Timberline Road. The project will include 50 lots dedicated for affordable housing construction. In addition, the project will deliver all units as US Department of Energy Certified Zero Energy Ready and 10 percent of homes with rooftop solar. Each of the Metro Districts is proposed to have a Mill Levy Cap of 50.00 mills to support the project. 1.1 Packet Pg. 19 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 362 City Council conducted a public hearing on this Service Plan at its September 4, 2018 meeting and after receiving testimony and other evidence, continued the public hearing to this September 18, 2018 meeting. Mayor Troxell noted this item is a public hearing and discussed the order of proceedings. Deputy City Manager Mihelich, reviewed the timeline for the development of the metro district policy revision and the metro district process to date, noting the deadline to consider the November election is September 25. He discussed the proposed New Urbanist project which includes 498 units, 50 of which are proposed to be affordable. Updated service agreement language includes commitments related to specific affordable housing, energy efficiency and renewables, and infrastructure improvements beyond Code requirements. Josh Birks, Economic Health Director, discussed the enforcement and delivery of public benefits. The language around the debt mill has been strengthened, the ability to extend the operating mill beyond 10 mills at the end of the district's life has been removed, and time between approval of the service plan and execution of a development agreement has been shortened. Birks discussed the area median income noting 80% of AMI is just over $68,000 per year for a 4- person household. He detailed the zero-energy ready home aspects. Gene Meyers, Thrive Home Builders, stated his company is small and focuses on building efficient, healthy, and local homes, as well as affordable housing and net zero housing. The recorded plat on the property is for a predominantly single-family, front-loaded garage neighborhood whereas his approach is something different. The metro district would allow for a diverse, pedestrian-friendly development with an emphasis on Nature in the City. Mr. Meyers discussed the benefits of community land trusts, stating they allow homeowners to have equity appreciation while maintaining affordability. He detailed the energy benefits of the proposed project and discussed the health aspects of the homes. Councilmember Cunniff asked when the original plat for the property was completed. Birks replied it has been in place for several years. Councilmember Cunniff asked about the implications on the plat of City Plan and other plans that could lead to alternative land use decisions. Birks replied the plat would stand. Councilmember Cunniff expressed concern the new residents of this area will be paying far too much for the benefits they are going to receive and stated he is not convinced the outcome with respect to energy is extraordinary relative to the cost. He asked how units are going to be guaranteed to remain affordable. Birks replied the new language includes the commitment of the affordable housing units at 80% of AMI for a minimum of 20 years of affordability. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-082. Councilmember Martinez stated the developer has gone above and beyond what was asked. Mayor Troxell stated this metro district addresses many community goals. 1.1 Packet Pg. 20 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 363 Councilmember Cunniff agreed catalyzing this type of development is a goal for Fort Collins; however, he expressed concern the value provided to area residents compared to the cost they will be asked to bear is not equivalent and he will therefore not support the motion. Councilmember Stephens commended the development's efforts at providing affordable units; however, she expressed concern about the length of time units will be affordable. She asked if metro districts are the only means to provide affordable housing. Deputy City Manager Mihelich replied that is the trend across Colorado for affordable housing and other amenity packages as well. Councilmember Stephens asked how affordable unit purchasers are made aware of the resale requirements. Mr. Meyers replied the potential buyer is made aware of deed restrictions on the title. He suggested a community land trust could be a better method than deed restrictions. Deputy City Manager Mihelich noted meetings have occurred with the community land trust and staff agrees it is the best way to ensure affordability. Councilmember Stephens asked if the community land trust would benefit any other developments. Deputy City Manager Mihelich replied land trusts want more scalability than anything else and they are interested in Fort Collins because of the high demand for affordable units and staff believes there are multiple applications throughout the community. Councilmember Summers stated he has a greater degree of confidence in this developer given his experience with metro districts and affordable housing. Councilmember Cunniff asked Mr. Meyers if he would move forward with a deed or covenant- based approach should the land trust not work. Mr. Meyers replied in the affirmative. Councilmember Stephens stated affordability would not be a part of a traditional development. RESULT: RESOLTUION 2018-082 ADOPTED [4 TO 1] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Troxell NAYS: Cunniff ABSENT: Overbeck, Horak 13. Public Hearing and Resolution 2018-084 Approving the Consolidated Service Plan for Waters' Edge Metropolitan District Nos. 1-5. (Adopted) The purpose of this item is for Council to consider for adoption the Consolidated Service Plan for the Waters' Edge Metropolitan District Nos.1-5 (the “Metro Districts”). Generally, located between Douglas Road and Richards Lake Road on either side of Turnberry Road. The Council conducted a public hearing on this Service Plan at its September 4, 2018 meeting and after receiving testimony and other evidence, continued the public hearing to this September 18, 2018 meeting. Mayor Troxell noted this item is a public hearing and discussed the order of proceedings. 1.1 Packet Pg. 21 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 364 Deputy City Manager Mihelich discussed the proposed project noting it is a 55+ age targeted community with 847 units in total. Communitywide benefits include affordable housing, reduction in water use, open space, and landscape improvements to the existing ditch. Tom Leeson, Community Development and Neighborhood Services Director, discussed the mill levy and updated development agreement commitment language. Robert Rogers discussed the proposed affordable housing, non-potable water system, rehabilitation of the Windsor ditch, and monetary contributions to the traffic signal at Turnberry and Country Club and the Vine and Timberline intersection improvements. Mr. Rogers stated the Waters' Edge metropolitan districts will safeguard its residents in significant ways. All of the districts will be subject to mill levy limitations, debt issuance limitations, mill levy and position term limitations, metro district bond investor limitations, debt registration requirements, and other requirements. He discussed the care and loyalty duties of the metro district directors and noted the directors have a similar role to that of City Council members. Bill Swalling, Waters' Edge General Partner, stated there is no way to provide the enhanced features and services required by an aging population without a metro district. He discussed the benefits of low-cost metro district financing and operating capabilities, including affordable housing, open space, nearby facilities and amenities, and a non-potable water system. Sarah Schilz read a letter from Jim Becker, Executive Director of the Partnership for Age-Friendly Communities in Larimer County, supporting this innovative private-public partnership. Brian Dunbar, CSU Institute for the Built Environment, discussed the possibility of a certification for age-friendly housing, similar to a LEED certification. He commended the Waters' Edge project and it's providing of lifelong homes. David Sinkey, Boulder Creek Neighborhoods, stated Waters' Edge will bring a needed housing type to Fort Collins. He stated Boulder Creek homes feature universal design elements for aging- in-place and noted there is a great deal of disclosure for potential home buyers. Councilmember Stephens asked if the housing purchase prices account for the assumption many of these households will only have two or one person residing in them. Leeson replied the AMI is established for household size. Councilmember Stephens asked if the zoning allows for accessory dwelling units as proposed to be part of the affordable housing component. Leeson replied in the affirmative and noted those units would not be for-sale units and would not include the 10% of affordable housing units to which the developer has committed. Councilmember Cunniff stated he has similar concerns to those he had in the previous item. He asked if this zone allows primary short-term rentals. Leeson replied he would need to return with that information. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-084. 1.1 Packet Pg. 22 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 365 Councilmember Martinez stated the developer has addressed concerns and supported the metro district formation. Councilmember Stephens expressed concern about the high price points of the housing and stated she could not support this motion at this time. Councilmember Cunniff expressed concern about tax liability for the residents and stated something with similar or better outcomes could potentially be built at a lower cost. Mayor Troxell stated he would support the motion citing the non-potable water system and incorporation of community within the project. RESULT: RESOLUTION 2018-084 ADOPTED [3 TO 2] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Summers, Troxell NAYS: Stephens, Cunniff ABSENT: Overbeck, Horak 14. Continuance to September 25, 2018, of Public Hearing and Resolution 2018-083 Approving the Montava Metropolitan District Nos. 1 through 7 Consolidated Service Plan and Proposed Continuance. (Postponed to September 25, 2018) The purpose of this item is to consider a proposed continuance of the Council’s hearing on a metro district service plan for the Montava Development or, in the alternative, to consider the item. Staff and the developer agree that continuing the hearing to September 25, 2018, will provide much needed time to further refine the proposed Service Plan. In addition, this postponement defers consideration of the Service Plan until after a pre-application hearing scheduled for September 25, 2018, on the proposed Planned Unit Development (“PUD”) application related to the same project. The developer of Montava has submitted a service plan to support a proposed development of approximately 988.5 acres located in the northeast portion of the community near the existing AB/InBev Brewery. The development is anticipated to include 2,000 single family homes, 2,400 multi-family units, 200,000 to 400,000 square feet of office, 88,900 square feet of retail. The project intends to provide 10 percent of housing units in a mix of for rent and for sale affordable housing. In addition, the project will deliver all units as US Department of Energy Certified Zero Energy Ready. Seven metro districts, each with a mill levy cap of 60.00 mills, have been proposed to be organized to support the project. City Manager Atteberry stated the pre-application hearing for the Montava development will provide additional needed context for Council. Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone consideration of Resolution 2018-083 to September 25, 2018. Max Moss thanked Council for considering postponement. 1.1 Packet Pg. 23 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) September 18, 2018 City of Fort Collins Page 366 RESULT: RESOLUTION 2018-083 POSTPONED TO SEPTEMBER 25, 2018 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Troxell, Cunniff ABSENT: Overbeck, Horak x CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS x ADJOURNMENT Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM, Tuesday, September 25, 2018, to conduct the Montava PUD Master Plan pre-application hearing and consider a resolution approving the Montava metro district service plan and for other such business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff ABSENT: Overbeck, Horak The meeting adjourned at 9:53 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 24 Attachment: September 18, 2018 (7241 : Minutes-9/18, 9/25) City of Fort Collins Page 367 September 25, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM x ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak STAFF PRESENT: Mihelich, Daggett, Coldiron 1. Montava Planned Unit Development Pre-Application Hearing. (Hearing was Held) The purpose of this item is to allow the prospective applicant of the Montava development project in northeast Fort Collins to receive preliminary comments from the City Council regarding the prospective Planned Unit Development (PUD) Master Plan and to assist the developer in determining whether to file a PUD application. The order of the proceedings at the public hearing will be: 1. Director’s Overview 2. Prospective Applicant’s Presentation 3. Staff Response to Applicant Presentation 4. Public Comment 5. Applicant Response to Public Comment 6. Staff Response to Public Comment 7. Council Questions and Discussion Mayor Troxell reviewed the procedure for the hearing. Deputy City Manager Jeff Mihelich stated the goal of this hearing is to allow the Montava developer to provide Council with a bit more detail on its plans for development prior to submitting a formal application. Rebecca Everette, Development Review Manager, stated the project is situated in the northeast subarea bounded by Richard's Lake Road and extending to the Anheuser-Busch brewery. The planned unit development (PUD) master plan and overlay process is an optional review process for sites greater than 50 acres in size. In the case of projects over 640 acres, Council is the final decision maker for a PUD master plan, which is the case with Montava. Everette stated a PUD includes additional public benefits and high-quality design above what Code would otherwise require. A PUD would also provide a vision for the long-term development of the area and ensures a more consistent and coordinated review and application of development standards over time. The applicant receives the benefit of an extended vesting period over the long-term phasing of a project. Everette outlined what the City expects to see as part of a master plan. Everette stated the Montava PUD master plan would require amendments to the Mountain Vista Sub Area Plan and Master Street Plan, both of which would be processed concurrently with the PUD process and decided by Council. Max Moss, developer, discussed his family's ties to Fort Collins and stated he plans to live in the development when it is complete. He discussed the severe undersupply of housing in Fort Collins and detailed the benefits of strategically planning a master planned community to solve the challenges of a large piece of ground. Moss discussed the housing types planned for the 1.2 Packet Pg. 25 Attachment: September 25, 2018 (7241 : Minutes-9/18, 9/25) September 25, 2018 City of Fort Collins Page 368 development and highlighted the diversity involved. He stated the developer is working with the School District to relocate its land to create the most logical arrangement for the town center. Moss discussed the planned street network and park. He also discussed the land trust and affordable housing aspects of the project. He detailed the urban farm aspect of the project stating the development will partner with Native Hill to manage the land. He also discussed the energy aspects of the homes. Lucia Liley, attorney representing the developer, stated the City's new PUD ordinance makes a master plan eligible for extended vesting, limited to certain plan elements. The applicant intends to request 25 years of vested property rights in its development agreement based on the 900-acre size of the property, multiple phases over a projected 20 to 30-year build-out period, significant up-front investment, land cost, land use entitlement cost, and public infrastructure cost. Appropriate development agreement vesting language will need to be approved by Council concurrent with the master plan. Diane Marschke supported the development and encouraged proper traffic management and street alignment. Nance Horowitz expressed concern about traffic, particularly the Lemay and Country Club intersection. Matt Thompson stated this development goes above and beyond requirements and discussed the Fort Collins housing shortage and affordability issues. Nic Koontz, Native Hill Farm, discussed the plan for the urban farm and expressed support for the project. Kim Hoke expressed support for the project. Elizabeth Nance expressed support for the project and commended Mr. Moss. Zia Zybko expressed support for the project and stated Montava has been committed to a true agriculture farm centered development from the beginning. Nate Miller expressed support for the development and commended the communication from the developer. He encouraged proper traffic management and street construction and suggested the inclusion of an urgent care. Chris Imsland supported the project and encouraged the extension of public transportation to the development. Jessica Miles stated she did not like the initial plans for the development but is encouraged by the changes. She supported the inclusion of a medical facility and public transportation and requested consideration of dark skies. Mr. Moss stated he has been working for several months to potentially locate a fire station in the development and stated he intends to build a recreation center that is available to everyone. He stated he is committed to retaining dark skies. 1.2 Packet Pg. 26 Attachment: September 25, 2018 (7241 : Minutes-9/18, 9/25) September 25, 2018 City of Fort Collins Page 369 Deputy City Manager Mihelich stated staff feels the development is moving in the right direction and is ready for a formal PUD application. Councilmember Martinez asked if Police Services has been contacted about possibly constructing a substation. Mr. Moss replied in the negative but stated he is open to having a discussion. Councilmember Stephens asked about the land bank and affordable housing. Deputy City Manager Mihelich stated a piece of property is under contract to hold for a land bank opportunity. He acknowledged the land bank is not in the City Manager's recommended budget; however, a land bank parcel within the development will provide affordable housing. Mr. Moss stated affordable housing is an important part of the project and stated the proposed developments in the area created a valid opportunity for a land trust. Councilmember Cunniff requested an assessment of the existing habitat value of the land and expressed concern in using natural areas funds to restore habitat that does not exist. He also expressed concern about the funding of trails, the park and their maintenance. He asked if land use and zoning changes will be requested. Mr. Moss replied in the affirmative. Leeson noted the PUD allows modifications to densities, land use, dimensional standards, and street standards. All modifications will be processed as part of the PUD master plan. Councilmember Cunniff asked if any approved modifications would still apply to the property regardless of who the developer ends up being. Leeson replied in the affirmative and noted the PUD master plan does not have a termination clause. Councilmember Cunniff stated he does not see any major issues with the overall plan, but stated he would like details on some of the funding. Councilmember Overbeck asked how the organic certification of the farm will be protected. Mr. Moss replied he will be leaving that to Native Hill but noted the transition of the land, which takes three years, will begin this week. Mayor Troxell discussed the positive aspects of the development and noted there is a housing mix in Old Town. He commended the intentional design of the project. (Secretary's Note: The Council took a brief recess at this point in the meeting.) 2. Public Hearing and Resolution 2018-083 Approving the Montava Metropolitan District Nos. 1 through 7 Consolidated Service Plan. (Adopted) The purpose of this item is for City Council to consider approval of the Montava Metropolitan District Nos. 1 through 7 Consolidated Service Plan (Service Plan). The developer of the proposed Montava Development has submitted the Service Plan to support the proposed development of approximately 988.5 acres located in the northeast portion of the community near the existing AB/InBev Brewery. The development is anticipated to include 2,000 single family homes, 2,400 multi-family units, 200,000 to 400,000 square feet of office, 88,900 square feet of retail. The project has committed to provide 10 percent of housing units in a mix of for rent and for sale affordable housing. In addition, the project will deliver all units as US Department of Energy Certified Zero Energy Ready along with other commitments. A Metro District with a Mill Levy Cap of 60.00 mills has been proposed to support the project. 1.2 Packet Pg. 27 Attachment: September 25, 2018 (7241 : Minutes-9/18, 9/25) September 25, 2018 City of Fort Collins Page 370 City Council conducted a public hearing on the Service Plan at its September 4, 2018 meeting, but continued further consideration of the proposed Service Plan to its September 18, 2018 meeting and then again at the September 18 meeting to September 25, 2018, to allow additional time to refine the Public Benefit commitments and other legal aspects. The Service Plan submitted for consideration by this review includes refinements to performance assurances and commitments. Mayor Troxell outlined the order of proceedings for the hearing. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that Council incorporate by reference for consideration as part of this hearing the information presented and testimony provided in the Montava PUD pre-application hearing just completed and that such information be included as part of the record of Council's decision on the Montava Metropolitan District Nos. 1-7 Service Plan. The vote on the motion was as follows: Yeas: Overbeck, Horak, Troxell, Cunniff, Stephens, Martinez and Summers. Nays: none. THE MOTION CARRIED. Josh Birks, Economic Health and Redevelopment Director, stated there are a number of community benefits accrued through the metro district, including affordable housing, energy efficiency, a non-potable water system, agri-urban development, schools, a community park, and natural areas. Birks detailed the affordable housing commitment of 10% affordable homes for a minimum of 20 years. Birks noted the Service Plan has a provision that would dissolve the district if there is no action on the service plan three years after adoption. Staff is recommending adoption of the Service Plan. Max Moss stated a master planned community cannot be built without a metro district. More metro districts are being used to replace homeowner association functions and he intends to do that with this project. Lucia Liley discussed the revised language of the public benefits section of the Service Plan and detailed the developer commitments. Councilmember Cunniff asked why the amount of debt financing Council would be authorizing has gone down to $163 million. Birks replied the applicant has refined the PUD and financial plans resulting in the decrease. Councilmember Cunniff asked why the language indicates the failure to build various aspects would not be contrary to the Service Plan. Zachary Wyatt replied the construction will be completed by the developer, not the district, in most cases. The language is standard because the phasing of improvements has yet to be determined. Birks replied the list of public improvements that could be funded by the metro district exceeds the available debt cap; therefore, this language provides flexibility for some of those improvements not to be included because they are not able to be funded by the debt cap. Councilmember Cunniff asked what kind of ratios usually exist between residential and commercial assessed value in mixed-use developments. Birks replied there is a wide spectrum of answers. Mr. Moss replied commercial users will generally not locate in this type of area, but commercial land is worth more. Birks stated he will provide a calculation of the ratio as proposed when the PUD comes forward. 1.2 Packet Pg. 28 Attachment: September 25, 2018 (7241 : Minutes-9/18, 9/25) September 25, 2018 City of Fort Collins Page 371 Councilmember Martinez asked if metro district board members are elected with public meetings. Mr. Moss replied in the affirmative. Councilmember Cunniff asked when elections for special districts can occur. Birks replied they can occur in November of any year or May of even years. Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-083. Councilmember Cunniff expressed concern about the tax load for homeowners, particularly for affordable housing. He stated the tax burden is not economical for the benefits being received. Mayor Troxell stated he would support the Service Plan and stated there is no better way to accomplish what is envisioned. He noted the project is not in isolation from the rest of the community. Mayor Pro Tem Horak agreed the tax burden is significant; however, there are other benefits and the energy and water savings will help offset that. He expressed support for the plan. Councilmember Stephens stated she did have some concerns about the tax burden but noted some of that will be offset by the energy savings. It is important to be thoughtful in thinking about the use of one of the last large chunks of land in the community. She appreciated the development and encouraged the inclusion of as much affordable housing as possible. She commended the thoughtful approach of the development. Councilmember Martinez expressed concern about the tax burden but noted the savings and added amenities will help offset that. He encouraged critical examination of connectivity and the inclusion of fire and police substations. Councilmember Cunniff stated the energy savings and amenities do not offset the tax burden. He expressed concern the statewide use of metro districts will eventually have significant impacts on state finances. Councilmember Overbeck stated he would support the motion despite being concerned about metro districts in general. Councilmember Summers commended Mr. Moss and his team on incorporating the values and priorities into the master plan. RESULT: RESOLUTION 2018-083 ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak NAYS: Cunniff x OTHER BUSINESS Councilmember Cunniff requested Council be adequately resourced and informed of any budget implications prior to discussing future service plans. He expressed concern that the quasi-judicial 1.2 Packet Pg. 29 Attachment: September 25, 2018 (7241 : Minutes-9/18, 9/25) September 25, 2018 City of Fort Collins Page 372 status of metro district applications has not served the City well from a public policy stance. He requested and received support to direct the City Attorney to draft some options. x ADJOURNMENT The meeting adjourned at 9:25 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 30 Attachment: September 25, 2018 (7241 : Minutes-9/18, 9/25) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Lawrence Pollack, Budget Director Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Second Reading of Ordinance No. 121, 2018, Appropriating Unanticipated Revenue and Prior Year Reserves in Various City Funds. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 2, 2018, combines dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2018 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 121, 2018 (PDF) 2 Packet Pg. 31 Agenda Item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acket Pg. 32 Attachment: First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (7229 : SR 121 2018 Annual Adjustment) Agenda Item 5 ,WHP3DJH 7KHUHDUHIRXUFKDQJHVWKDWKDYHEHHQLQFRUSRUDWHGLQWRWKLVLWHPVLQFHLWEHLQJUHYLHZHGE\WKH&RXQFLO)LQDQFH &RPPLWWHH &)& Agenda Item 5 ,WHP3DJH 7KLVUHTXHVWLVLQWHQGHGWRFRYHUH[SHQVHVUHODWHGWRODQGEDQNSURSHUW\PDLQWHQDQFHQHHGVIRU $VH[SHQVHVYDU\IURP\HDUWR\HDUIXQGLQJLVUHTXHVWHGDQQXDOO\PLG\HDUWRFRYHUWKHVHFRVWV([SHQVHVIRU LQFOXGH JHQHUDO PDLQWHQDQFH RI SURSHUWLHV UDZ ZDWHU DQG VHZHU H[SHQVHV HOHFWULFLW\ DQG RWKHU DV DSSOLFDEOH )520 3ULRU<HDU5HVHUYHV /DQG%DQNUHVHUYH Agenda Item 5 ,WHP3DJH D %HDW$XWR7KHIW7KURXJK/DZ(QIRUFHPHQW %$77/( Agenda Item 5 ,WHP3DJH )520 8QDQWLFLSDWHG5HYHQXH JUDQW Agenda Item 5 ,WHP3DJH IRUYHKLFOHFKDUJLQJVWDWLRQV )520 8QDQWLFLSDWHG5HYHQXH JUDQWV Agenda Item 5 ,WHP3DJH )520 8QDQWLFLSDWHG5HYHQXH JUDQW Agenda Item 5 ,WHP3DJH $77$&+0(176 &RXQFLO)LQDQFH&RPPLWWHH0LQXWHV6HSWHPEHU GUDIW -1- ORDINANCE NO. 121, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS WHEREAS, the City has received unanticipated revenue this fiscal year and has prior year reserves available for appropriation; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues to be received for that fiscal year and such appropriations may include funds available for expenditure from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager is recommending the appropriations described herein and has determined that these appropriations are available and previously unappropriated in the Funds named within Section 2 of this Ordinance and that each appropriation will not cause the total amount appropriated in each named Fund to exceed the current estimate of actual and anticipated revenues to be received in each such Fund during the fiscal year; and WHEREAS, the City Council finds and determines that the adoption of this Ordinance is necessary for the public’s health, safety and welfare and, therefore, wishes to authorize the expenditures described in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2: That there is hereby appropriated from the following funds the amounts of unanticipated revenue and prior year reserves set forth below to be expended for the purposes stated below. A. GENERAL FUND 1. FROM: Unanticipated Revenue (Application Fees) $33,000 TO: Metro Districts $33,000 2. FROM: Unanticipated Revenue (from radon kit sales) $4,102 TO: Radon Test Kits $4,102 3. FROM: Prior Year Reserves (Land Bank Reserve) $21,000 TO: Land Bank Expenses $21,000 2.2 Packet Pg. 40 Attachment: Ordinance No. 121, 2018 (7229 : SR 121 2018 Annual Adjustment) -2- 4. FROM: Unanticipated Revenue $30,424 TO: 4th of July Celebration and Tree Purchases $30,424 5. FROM: Unanticipated Revenue (FCTV Cable Franchise Fee Audit) $28,000 TO: FCTV Cable TV $28,000 6. FROM: Unanticipated Revenue $10,525 TO: Occupancy Study $10,525 7. FROM: Prior Year Reserves $32,000 TO: Municipal Court-Court-Appointed Defense Counsel $32,000 8. FROM: Prior Year Reserves $5,000 TO: Municipal Court-Temporary Judges $5,000 9a. FROM: Unanticipated Revenue (2018 BATTLE Grant) $36,934 TO: Beat Auto Theft Through Law Enforcement (BATTLE) Grant $36,934 9b. FROM: Unanticipated Revenue (2018 Click it or Ticket Grant) $5,000 TO: 2018 Click it or Ticket Grant $5,000 9c. FROM: Unanticipated Revenue $600,000 TO: Police Collective Bargaining Unit Additional Costs $600,000 9d. FROM: Prior Year Reserves (specific to Asset Forfeiture and NCDTF) $160,241 TO: Northern Colorado Drug Task Force $160,241 9e. FROM: Unanticipated Revenue (2018-2019 HVE Grant) $11,818 TO: 2018-2019 High Visibility Impaired Driving Enforcement Grant $11,818 9f. FROM: Unanticipated Revenue (Miscellaneous Revenue) $75,687 TO: Police Services $75,687 9g. FROM: Unanticipated Revenue (Miscellaneous Revenue) $308,744 TO: Reimbursable Police Overtime $308,744 9h. FROM: Unanticipated Revenue (McKinney Foundation Shop with a Cop Grant) $2,500 TO: Shop with a Cop Program $2,500 10. FROM: Unanticipated Revenue (Colorado Restorative Justice Coordinating Council Grant) $10,326 TO: Restorative Justice Equity and Inclusion Capacity Project $10,326 11. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $444,913 TO: Manufacturing Use Tax Rebates $444,913 2.2 Packet Pg. 41 Attachment: Ordinance No. 121, 2018 (7229 : SR 121 2018 Annual Adjustment) -3- B. BENEFITS FUND 1. FROM: Unanticipated Revenue (Tri-County Health Dept. Worksite Wellness Grant) $1,000 TO: Fitness Testing Equipment for Employee Fitness Testing Program $1,000 2. FROM: Prior Year Reserves $425,000 TO: 2018 Stop Loss Insurance Plan Costs $425,000 C. CAPITAL PROJECTS FUND 1. FROM: Unanticipated Revenue (developer repayments) $10,444 TO: North College Pedestrian Connection Project $10,444 2. FROM: Unanticipated Revenue (donations) $27,394 TO: Gardens on Spring Creek Capital Project $27,394 D. EQUIPMENT FUND 1. FROM: Unanticipated Revenue (grant) $156,994 TO: State CNG Vehicle and Electric Charging Infrastructure Grants $156,994 2. FROM: Unanticipated Revenue (Energy Efficiency Grants) $25,651 TO: Energy Efficiency Grants (MEEF) $25,651 3. FROM: Unanticipated Revenue (insurance proceeds) $1,500,000 TO: Hail Damage Insurance Appropriation - Vehicles $1,500,000 E. KEEP FORT COLLINS GREAT FUND 1. FROM: Prior Year Reserves (Fires Services specific) $200,929 TO: PFA software and Training Center improvements $200,929 F. NATURAL AREAS FUND 1. FROM: Unanticipated Revenue (grants) $51,472 TO: Boys and Girls Club Outdoor Adventure $51,472 G. TRANSPORTATION FUND 1. FROM: Prior Year Reserves $800,000 TO: Streets Department Snow & Ice Removal $800,000 2. FROM: Unanticipated Revenue (grants) $38,850 FROM: Prior Year Reserves (prior year grant revenue) $41,038 TO: FC Moves Programs $79,888 2.2 Packet Pg. 42 Attachment: Ordinance No. 121, 2018 (7229 : SR 121 2018 Annual Adjustment) -4- 3. FROM: Prior Year Reserves $30,000 TO: Concrete work in the Skyview South GID $30,000 NOTE: This amount to be reimbursed through transfer from the Skyview South General Improvement District No. 15 under a separate Ordinance that will be submitted for Council review on November 6, 2018 H. WATER FUND 1. FROM: Prior Year Reserves (prior year unanticipated revenue) $45,000 TO: Water Supply Vulnerability Study $45,000 2. FROM: Unanticipated Revenue (Public Education and Outreach Grant) $15,540 TO: Water Conservation Training $15,540 Introduced, considered favorably on first reading, and ordered published this 2nd day of October, A.D. 2018, and to be presented for final passage on the 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 43 Attachment: Ordinance No. 121, 2018 (7229 : SR 121 2018 Annual Adjustment) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Bronwyn Scurlock, Legal SUBJECT Second Reading of Ordinance No. 122, 2018 Amending Sections 17-141 and 17-161 of the Code of the City of Fort Collins Regarding Alcohol. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 2, 2018, will ensure correct terms are defined for provisions of the Code of the City of Fort Collins regarding carrying or drinking alcohol or fermented malt beverages in certain places, and for offenses involving substance abuse. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 122, 2018 (PDF) 3 Packet Pg. 44 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY October 2, 2018 City Council STAFF Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 122, 2018 Amending Sections 17-141 and 17-161 of the Code of the City of Fort Collins Regarding Alcohol. EXECUTIVE SUMMARY The purpose of this item is to ensure correct terms are defined for provisions of the City Code regarding carrying or drinking alcohol or fermented malt beverages in certain places, and for offenses involving substance abuse. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION On January 19, 2016, Council adopted Ordinance No. 004, 2016, amending Chapter 17 to establish an offense for underage possession or consumption of ethyl alcohol. That Ordinance erroneously added the definitions of ethyl alcohol and possession of ethyl alcohol into Section 17-141 of the Code instead of Section 17-161 of the Code. On April 19, 2016, Council adopted Ordinance No. 047, 2016, which amended Chapter 17 to prohibit a social host from allowing the possession or consumption of ethyl alcohol or marijuana by persons under twenty-one years of age, and at that time a definition of ethyl alcohol was added to Section 17-161. In order to ensure the correct terms are defined for relevant sections of the City Code, staff is recommending that the definitions of ethyl alcohol and possession of ethyl alcohol be eliminated from Section 17-141 of the Code, and that possession of ethyl alcohol be defined in Section 17-161 of the Code. Further, it is recommended that the term “liquor” be changed to “alcohol” in Section 17-141, and that the definitions for the terms “alcohol” and “fermented malt beverage” be added in accordance with state law. If adopted, this Ordinance would amend the City Code as described above. ATTACHMENT 1 COPYY 17-161 of fthe the Code of t PY ed d for provisions of the City Code reg regarding c places, and for offenses involving substanc subst PY on First st Reading. Read OP ed Ordinance No. 004, 2016 2016, , amending ame Cha umption mption of ethyl alcohol. TThat OOrdinance rdinanc err f ethyl thyl17 alcohol into Section 17--141 of fCo the C ncil adopteedd Ordinance Ordinancewhic No. 047, 2016, he possession or consumption of ethyl alc alcoh at that time a definition of ethyl alcohol was a nsure surerelev the correct terms are defined for relev efinitions nitionsof of ethyl alcohol and possession and that atdefine possession of ethyl alcoho alcohol be is recommended that the term “liq r the“ferme the terms “alcohol” and “fer dinance dinanceamen would amen 3.1 Packet Pg. 45 Attachment: First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (7230 : SR 122 Alcohol Changes to Section 17-141 and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³OLTXRU´EHFKDQJHGWR³DOFRKRO´LQ 6HFWLRQDQGWKDWGHILQLWLRQVIRUWKHWHUPV³DOFRKRO´DQG³IHUPHQWHGPDOWEHYHUDJH´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acket Pg. 48 Attachment: Ordinance No. 122, 2018 (7230 : SR 122 Alcohol Changes to Section 17-141 and 17-161) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 123, 2018, Annexing the Property Known as the Hughes Stadium Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 2, 2018, annexes 164.55 acres of land generally located at the northwest corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State University and is the former location of Hughes Stadium and Rodeo Arena. The Initiating Resolution was adopted on August 21, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 123, 2018 (PDF) 4 Packet Pg. 49 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 2, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to Hughes Stadium Annexation. EXECUTIVE SUMMARY A. Resolution 2018-090 of the Council of the City of Fort Collins Setting Forth Findings of Fact and Determinations Regarding the Hughes Stadium Annexation. B. First Reading of Ordinance No. 123, 2018, of the Council of the City of Fort Collins Annexing the Property Known as the Hughes Stadium Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex and zone 164.55 acres of land generally located at the northwest corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State University and is the former location of Hughes Stadium and Rodeo Arena. The Initiating Resolution was adopted on August 21, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION Contiguity The Hughes Stadium Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with eight previously annexed areas: 1. Becksted Addition; February 1966 2. Foothills Annexation; August 1970 3. Second Foothills Annexation; March 1971 4. Third Foothills Annexation; March 1972 5. Mountain Shadows Annexation; April 1972 6. Maxwell Open Space Annexation; April 1990 7. Pine Ridge Third Annexation; January 1994 8. Pine Ridge Fifth Annexation; November 2001 As a result, 66.60% of the total perimeter is contiguous to the existing municipal boundary. This exceeds the required 16.66% minimum. ATTACHMENT 1 COPYY PY of f Fort Collins Setting Forth Findings of nexation. nexation the Council Cou of the City CityAnne o of Fort Collins to the he City of Fort Collins, Colorado . one 164.55 acres res of land generally g located a . Th The e annexation area is owned ow by Colorado nd Rodeo Arena. The Initiating Resolution Re wa d property is presented as the next item on t N O ption of the e Ordinance on First Reading and t DISCUSSION DISCUSSIO CO ghes Stadium Annexation gains the th required ht previously eviou annexed areas: Addition; February 1966 nexation; August 1970 ls Annexation; Mar nexation; exation; Mar Ma Annexati Ann 4.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (7231 : SR 123 Hughes Stadium Annexation) Agenda Item 7 Item # 7 Page 2 Growth Management Area The proposed annexation lies within a future GMA expansion area as indicated by the City of Fort Collins Structure Plan. A Growth Management Area amendment is expected to be processed in conjunction with the City’s update to City Plan which is scheduled for adoption by April 2019. Though the annexation is located outside the Growth Management Area, the City of Fort Collins is authorized to annex outside the GMA pursuant to Section 1, Subsection 8(F) of the Larimer County and City of Fort Collins Intergovernmental Agreements (IGA) which states: "The County Agrees that the City, in its sole discretion, (except as provided in Section 8(B) of this agreement) may annex outside the Fort Collins GMA. The City agrees that proposed annexations outside the GMA will be sent via Certified Mail to the Board of County Commissioners for review and comment at least thirty-five (35) days prior to the scheduled public hearing of the annexation before the City Council." On June 22, 2018, a letter (Attachment 6) from Larimer County Community Development was received waiving formal action as described above. Enclave Implications The Hughes Stadium Annexation creates two enclaves of unincorporated property. The first 50-acre enclave is north of the annexation area and contains 7 privately-owned parcels. The second 20-acre enclave is east of annexation area and contains the Holiday Twin Drive-In Theater (Attachment 7). An enclave is defined as any unincorporated area entirely surrounded by the boundaries of a municipality, at which time City Council may annex such territory once the subject property is surrounded for a minimum of three years. Based on the Hughes Stadium Annexation schedule, a future City Council could consider annexation of the both enclaves as soon as November 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 164.55-acre annexation. BOARD / COMMISSION RECOMMENDATION At its September 20, 2018, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that the property be placed into the Transition (T) zone district. This unanimous action was taken as part of the Board’s Discussion Agenda. An excerpt of minutes from the discussion agenda is provided as an attachment (Attachment 12). PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation. However, prior to the formal submittal of the Hughes Stadium Annexation, Colorado State University and consultants, CAA ICON, hosted two listening sessions at the Drake Centre on September 20, 2017, and October 18, 2017. The meeting offered five “listening” stations where either staff or consultants were available to interact and receive feedback (Attachments 9 and 10) on the following five topic areas; redevelopment process, existing site, land use context, community needs and values and transportation. ATTACHMENT 1 vided dSect in City agrees rees that pr il to the Boa Board of C 5) days prior rto to t the schedul Community nity Development was wa received wai aves of unincorporated p property. The first 50 ivatteellyy--owned owned20 parcels. The Th second -acre in Drive-In Theater (Attachment Attach7 ). An encl y the boundaries arieswhich of a municipality, mun at perty erty is surrounded for a minimum mi of three ye e City Council could consider a annexation of O mpacts as a result of the proposed 164.55 -ac SION IONRECOMMENDATION RECOMMENDA CO ber 20, 2018, regular meeting, the Planning exation. ation.th Further, the Board recommended This unanimous action was taken as part of th cussion onattachme agenda is provided as an a UTREACH REAC Agenda Item 7 Item # 7 Page 3 In addition to the in-person events, Colorado State University hosted an online forum that started on August 28, 2017, and is still available today. During the period between August 28, 2017- December 21, 2017, more than 100 community members were able to communicate their ideas, questions and concerns (Attachment 11). Combined, approximately 700 comments, questions and/or concerns were logged by CSU and CAA ICON. The resulting feedback is described by three primary themes: 1. Open Space: Preservation of open space and access to natural/recreational opportunities. 2. Housing: Mix of choices, low density, workforce housing, innovative and affordable. 3. Neighborhood Center: neighborhood-oriented services. Additional public outreach will be required prior to the submittal of a development application/request for zoning to the City of Fort Collins. ATTACHMENTS 1. Vicinity Map(PDF) 2. Annexation Plat (PDF) 3. Petition Cover Letter (PDF) 4. Annexation Petition (PDF) 5. Annexation Petition Amendment (PDF) 6. Larimer County Letter (PDF) 7. Enclave Areas (PDF) 8. Neighborhoood Listening Session Feedback September 20, 2017 (PDF) 9. General Public Listening Session Feedback October 18, 2017 (PDF) 10. Listening Session Station Exhibits (PDF) 11. Online Feedback Aug-Dec 2017 (PDF) 12. Planning and Zoning Minutes September 20, 2-18 (draft) (PDF) ATTACHMENT 1 COPY nt apppplliiccation Y k September eptember 20, 2017 (PDF) ack October ber 18, 2017 (PDF) PDF) (PDF) ptember 20, 2 2--18 (d draft) (PDF) PD 4.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (7231 : SR 123 Hughes Stadium Annexation) -1- ORDINANCE NO. 123, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE HUGHES STADIUM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-072, finding substantial compliance and initiating annexation proceedings for the Hughes Stadium Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-090 setting forth findings of fact and determinations regarding the Hughes Stadium Annexation was adopted immediately preceding 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 be known as the Hughes Stadium Annexation (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 2018- 072 and Resolution 2018-090 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A parcel of land situate in the East Half of Section 20, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 20 as bearing South 00°16'25" West and with all bearings contained herein relative thereto: BEGINNING at the Southeast corner of Foothills Annexation to the City of Fort Collins, recorded at Book 1439 Page 17 Larimer County Clerk and Recorder, said corner also being the Northwest corner of Becksted Addition to the City of Fort Collins recorded at Reception No. 910170 Larimer county Clerk and Recorder; thence along the West line of said Becksted Addition, said line also being the East line of said Section 20, South 00°16'25" West, 1,390.85 feet to the East Quarter corner of said Section 20, said point also being the Northwest corner of Mountain Shadows Annexation to the City of Fort Collins recorded at Book 1500 Page 6 Larimer County Clerk and Recorder; thence along the West line of said Mountain Shadows Annexation, said line also being the East line of said Section 20, South 00°17'42" West, 690.54 feet to a point on the Northerly line of Pine Ridge 5th Annexation to the City of Fort Collins recorded at Reception No. 2001113963 4.2 Packet Pg. 53 Attachment: Ordinance No. 123, 2018 (7231 : SR 123 Hughes Stadium Annexation) -2- Larimer County Clerk and Recorder; thence along said Pine Ridge 5th Annexation the following three (3) courses and distances, North 89°42'16" West, 30.00 feet; thence, South 00°17'42" West, 456.97 feet; thence, South 78°29'11" West, 1,114.50 feet to a point on the Northeast corner of Pine Ridge 3rd Annexation to the City of Fort Collins, recorded at Reception No. 99006010 Larimer County Clerk and Recorder; thence along the Northerly line of said Pine Ridge 3rd Annexation, said line also being the Northerly right of way line of Dixon Canyon Road, South 78°29'11" West, 948.91 feet; thence along the Westerly line of said Pine Ridge 3rd Annexation, South 11°30'33" East, 60.00 feet to the Southerly right of way line of Dixon Canyon Road; thence along said line South 78°28'57" West, 635.98 feet; thence departing said line, and along the Easterly line of State Board of Agriculture Lands as recorded at Reception No. 10510582 the following two (2) courses and distances, North 00°04'23" East, 61.42 feet; thence, North 00°30'58" East, 878.03 feet to the Southeast corner of Maxwell Open Space Annexation to the City of Fort Collins recorded at Reception No. 90017479 Larimer County Clerk and Recorder; thence along the East line of said Maxwell Open Space Annexation, North 00°31'43" East, 1,573.16 feet; thence departing said line, and along the line of said State Board of Agriculture Lands the following six (6) courses and distances, North 57°47'42" East, 65.46 feet; thence along a curve concave to the Northwest having a central angle of 25°26'23", an arc length of 149.40 feet with a radius of 336.48 feet, and the chord of which bears North 45°04'30" East, 148.18 feet; thence along a curve concave to the Northwest having a central angle of 31°42'57", an arc length of 133.40 feet with a radius of 240.99 feet, and the chord of which bears North 16°32'04" East, 131.70 feet; thence, North 00°30'42" East, 111.20 feet; thence along a curve concave to the East having a central angle of 23°27'51", an arc length of 96.85 feet with a radius of 236.49 feet, and the chord of which bears North 11°47'37" East, 96.17 feet; thence, North 86°25'25" East, 1,487.45 feet to the Southwest corner of Foothills 3rd Annexation to the City of Fort Collins recorded at Book 1497 Page 190 Larimer County Clerk and Recorder; thence along the South line of said Foothills 3rd Annexation, North 86°25'25" East, 25.79 feet to the Southwest Corner of Foothills 2nd Annexation to the City of Fort Collins recorded at Book 1456 Page 668 Larimer County Clerk and Recorder; thence along the South line of said Foothills 2nd Annexation, North 86°25'25" East, 446.63 feet to the Southwest Corner of Foothills Annexation to the City of Fort Collins recorded at Book 1439 Page 17 Larimer County Clerk and Recorder; thence along the South line of said Foothills Annexation, North 86°25'25" East, 479.58 feet to the Point of Beginning. The above described tract of land contains 7,167,953 square feet or 164.554 acres, more or less, and is subject to all easements and rights-of-way now on record or existing, is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Hughes Stadium 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. 4.2 Packet Pg. 54 Attachment: Ordinance No. 123, 2018 (7231 : SR 123 Hughes Stadium Annexation) -3- 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 2nd day of October, A.D. 2018, and to be presented for final passage on the 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk 4.2 Packet Pg. 55 Attachment: Ordinance No. 123, 2018 (7231 : SR 123 Hughes Stadium Annexation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 124, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Hughes Stadium Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to amend the zoning map and zone the property included in the Hughes Stadium Annexation into the Transition (T) zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 124, 2018 (PDF) 5 Packet Pg. 56 Agenda Item 8 ,WHP3DJH $*(1'$,7(06800$5< 2FWREHU &LW\&RXQFLO 67$)) .DL.OHHU$VVRFLDWH3ODQQHU %UDG<DWDEH/HJDO 68%-(&7 )LUVW5HDGLQJRI2UGLQDQFH1R$PHQGLQJWKH=RQLQJ0DSRIWKH&LW\RI)RUW&ROOLQVDQG &ODVVLI\LQJIRU=RQLQJ3XUSRVHVWKH3URSHUW\,QFOXGHGLQWKH+XJKHV6WDGLXP$QQH[DWLRQWRWKH&LW\RI)RUW &ROOLQV&RORUDGR (;(&87,9(6800$5< 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. 7KHSXUSRVHRIWKLVLWHPLVWRDPHQGWKH]RQLQJPDSDQG]RQHWKHSURSHUW\LQFOXGHGLQWKH+XJKHV6WDGLXP $QQH[DWLRQLQWRWKH7UDQVLWLRQ 7 Agenda Item 8 ,WHP3DJH =RQLQJ 7KH UHTXHVWHG ]RQLQJ IRU WKLV DQQH[DWLRQ LV WKH 7UDQVLWLRQ 7 Agenda Item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³3URSHUW\´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acket Pg. 62 Attachment: Ordinance No. 124, 2018 (7232 : SR 124 Hughes Stadium Zoning) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Tyler Marr, Policy and Project Analyst Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 125, 2018, Amending Chapter 3 of the Code of the City of Fort Collins to Add a New Article IV Regarding Entertainment Districts. EXECUTIVE SUMMARY The purpose of this item is to consider an Ordinance establishing City Code provisions that allow City Council to adopt Entertainment Districts and granting the Liquor Licensing Authority the authority to approve and regulate Promotional Associations and Common Consumption Areas within Entertainment Districts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance authorizes and establishes a process, application, and broad guidelines for entertainment districts within Fort Collins. An entertainment district is a defined area containing at least 20,000 square feet of existing liquor licensed premises. City Council first discussed this issue in the fall 2016 and staff has incorporated that feedback into this Ordinance and associated process. Additionally, it will grant the Liquor Licensing Authority the ability to approve a common consumption area, which is an area within an entertainment district that uses physical barriers to close the area to motor vehicle traffic and limit pedestrian access. Further, the Ordinance must grant the Authority the power to certify and decertify promotional associations, those associations that organize and promote entertainment activities within common consumption areas. After Council’s adoption of such an Ordinance, Council would then have the authority to approve or deny each new proposed entertainment district applied for within the City. In the example diagram shown below, the red outline represents the boundaries of an entertainment district, encompassing all of the liquor licensed establishments wishing to form an association. The green rectangle in the middle would be the common consumption area, where alcoholic beverages from any of the establishments could be consumed and most likely some form of entertainment would be delivered (concert, art show, etc.) 6 Packet Pg. 63 Agenda Item 6 Item # 6 Page 2 Alcoholic beverages can only be purchased at one of the establishments; patrons cannot bring in their own alcohol. Council Control City Council will consider, approve or deny, and place operating restrictions (such as hours of operation) on each potential entertainment district within the City subsequent to establishing the process and application as presented in this Ordinance. Staff is aware that things such as safety, neighborhood noise, and consumption of alcohol by minors are serious concerns for Council and the processes for both the entertainment districts and the common consumption areas have taken this into consideration. Applicants will be required to submit two applications simultaneously, one for the entertainment district and one for the common consumption area. Council will consider the entertainment district application in conjunction with a staff recommendation, which will identify the size of the entertainment district, requested hours of operation, types and estimated numbers of planned events. For public outreach, staff will require a notice to be sent to nearby property owners and a neighborhood meeting to be held. Council can impose restrictions on the size and hours of operation of each entertainment district as it sees fit. Subsequent to Council approving an entertainment district, the Authority would consider the application for the common consumption area, which would include specific details on the backgrounds of each liquor license holder within the entertainment district, detailed plans that have been reviewed by Police Services on ingress and egress, plans to keep alcohol from minors, and a needs and desires assessment garnered through additional public outreach of the surrounding neighborhood as is currently done for other liquor licenses. This process would include the posting of notifications that there is a pending application for a promotional association and common consumption area and it would be expected that the applicant petition the neighborhood to establish needs and desires of the neighborhood. Neighbors within a one-mile radius and parties-in-interest are also able to attend the hearing to make their case if they disagree or support the approval of the common consumption area or certification of the promotional association. Upon decision, the Authority would have the ability to consult with Police Services during the hearing to determine if the common consumption area should be approved and if the promotional association of the various owners should be certified. Unless both the entertainment district were approved by Council and the common consumption area/certification of the promotional association were approved by the Authority, there could not be consumption of alcohol in any public spaces within these areas. Once certified and operational, the promotional association would be responsible for what occurs within the common consumption area that is separate from individual liquor-licensed-establishments. The promotional association would need to be recertified each year by the Authority. If there is a liquor violation, there would be a show cause motion and/or hearing to determine liability. 6 Packet Pg. 64 Agenda Item 6 Item # 6 Page 3 CITY FINANCIAL IMPACTS There are no expected financial impacts to the City organization. BOARD / COMMISSION RECOMMENDATION In November 2016, staff presented the general concept of entertainment districts to a Super Issues meeting. While no formal recommendation was asked for, there was no serious concern or support voiced at the meeting. PUBLIC OUTREACH This Ordinance establishes a process that will rely on public outreach to make decisions of approval for both entertainment districts and common consumption areas. ATTACHMENTS 1. Work Session Summary, August 30, 2016 (PDF) 6 Packet Pg. 65 ATTACHMENT 1 6.1 Packet Pg. 66 Attachment: Work Session Summary, August 30, 2016 (7211 : Entertainment Districts) -1- ORDINANCE NO. 125, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD A NEW ARTICLE IV REGARDING ENTERTAINMENT DISTRICTS WHEREAS, under Article 3 of Title 44, C.R.S. (“the liquor law”), an entertainment district is an area comprised of no more than one hundred acres containing at least twenty thousand square feet of existing liquor licensed premises; and WHEREAS, pursuant to the liquor law, in order to allow entertainment districts to exist in the City, the City Council must adopt a local ordinance; and WHEREAS, the City Council can impose stricter limits than required by the liquor law on the size, security, or hours of operation on the common consumption area within an entertainment district; and WHEREAS, the liquor law requires that a certified promotional association operate a common consumption area within an entertainment district and authorizes the attachment of liquor licensed premises to the common consumption area; and WHEREAS, the liquor law also requires that, to qualify for certification, the promotional association must have a board of directors, follow a specific set of statutory guidelines, and be approved by the local Liquor Licensing Authority (the “Authority”); and WHEREAS, the Authority may refuse to certify or may decertify a promotional association within a common consumption area for specific reasons as set forth in the liquor law; and WHEREAS, the Authority may also similarly deauthorize or refuse to authorize or reauthorize a licensee’s attachment to a common consumption area for specific reasons as set forth in state statute; and WHEREAS, this Ordinance establishes City Code provisions that set out the entertainment district process and requirements and grants the Authority the ability to approve common consumption areas, to authorize, refuse to authorize or reauthorize the attachment of licensed premises to common consumption areas, to certify and decertify promotional associations, and to designate the location, size, hours of operation and security of common consumption areas; and WHEREAS, the Authority will be bound by the restrictions as set forth in this Ordinance; and WHEREAS, City staff recommends that the City Code be amended as described in this Ordinance; and Packet Pg. 67 -2- WHEREAS, the City Council has determined that the proposed City Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 3 of the City Code is hereby amended by adding a new Article IV to read as follows: Article IV. Entertainment District. Sec. 3-101. Purpose. The purpose of this Article is to recognize the City Council’s authority to create entertainment districts in the City and to allow the Authority to approve and regulate promotional associations and common consumption areas within entertainment districts. Sec. 3-102. Incorporation of state law. The provisions of Article 3 of Title 44, C.R.S., and any rules and regulations promulgated thereunder are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Article. Sec. 3-103. Definitions. Common consumption area shall mean an area designated as a common area in an entertainment district approved by the Authority that uses physical barriers to close the area to motor vehicle traffic and limit pedestrian access. Promotional association shall mean an association that is incorporated in the State of Colorado to organize and promote entertainment activities within a common consumption area, and is organized or authorized by two (2) or more people who own or lease property within said entertainment district. Sec. 3-104. Creation of entertainment districts. (a) The City Council may, by ordinance, create individual entertainment districts in the City. (b) City Council may impose stricter limits than required by state law on the size, security or hours of operation of any common consumption area within an entertainment district. Packet Pg. 68 -3- (c) City Council may, by ordinance, modify the limits imposed by Council on an entertainment district. Sec. 3-105. Liquor Licensing Authority. (a) The Authority shall be authorized to certify and decertify promotional associations, allow the attachment of licensed premises to common consumption areas, and impose reasonable restrictions on promotional associations and common consumption areas as authorized by state law. (b) The Authority will notify the City Council upon decertification of a promotional association if there is no new promotional association application filed with the City Clerk in accordance with the Authority’s rules and regulations, or upon entry of an order that effectively eliminates the common consumption area. (c) The City Council may, by ordinance, eliminate an entertainment district if the Authority decertifies the promotional association or enters an order that effectively eliminates the common consumption area. Sec. 3-106. Application. All applications for a common consumption area, certification and recertification of a promotional association, and attachment by a liquor license to a common consumption area of a certified promotional association shall be filed with the City Clerk. All forms must be complete, including all exhibits that may be required to be attached in accordance with local requirements. Incomplete or erroneous applications will be rejected. Sec. 3-107. Administrative procedural regulations. The Authority is authorized to promulgate such procedural rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article, subject to any conditions or limitations imposed by Council, as provided in § 3- 104(b). Packet Pg. 69 -4- Introduced, considered favorably on first reading, and ordered published this 16th day of October, A.D. 2018, and to be presented for final passage on the 6th day of November, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 70 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Items Relating to the Sanctuary on the Green Annexation. EXECUTIVE SUMMARY A. Resolution 2018-096 Setting Forth Findings of Fact and Determinations Regarding the Sanctuary on the Green Annexation. B. Public Hearing and First Reading of Ordinance No. 126, 2018, Annexing the Property Known as the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 16.98 acres. The site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. This is a voluntary annexation. The Initiating Resolution was adopted on September 4, 2018. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The property is located within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the (1) Intergovernmental Agreement for the Fort Collins Growth Management Area, and (2) the Northwest Subarea Plan, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from common boundaries in the following manner: North: Vine-LaPorte-Taft 2nd Annexation 1982 South: West LaPorte Avenue 3rd Annexation 1970 West: Vine-LaPorte-Taft Annexation 1982 In compliance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with 7 Packet Pg. 71 Agenda Item 7 Item # 7 Page 2 Larimer County, the City agrees to consider annexing parcels that are within the Growth Management Area and are contiguous to the municipal boundary. Of the total perimeter boundary, the annexation has 65.39% contiguity thus exceeding the necessary one-sixth (16.66%) contiguity. Because of the location within an area characterized as being mostly residential, the parcel will be placed into the Residential Neighborhood Sign District. 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. The surrounding zoning and land uses are as follows: North: L-M-N Bellwether Farm / West Vine Bungalows, Residential South: L-M-N Existing Residential South: County Existing Residential East: County Existing Residential and Place of Worship West: L-M-N Vacant Northwest Subarea Plan The parcel is located within the Northwest Subarea Plan, adopted in 2006, which covers 4.3 square miles in the general area between Mulberry Street, Overland Trail, County Road 50 and Shields Street. The Plan was jointly adopted by both the City of Fort Collins and Larimer County. The Plan states: “Where it Applies: The Framework Plan designates the area generally east of Sunset Street and south of Vine Drive as Low Density Mixed-Use Residential. Some lands are currently in City limits and have City zoning; others are in unincorporated Larimer County and would be zoned by the City if and when they are annexed (i.e. when development is proposed). The intent is to ensure that future development is compatible with the integrity and density of existing neighborhoods, as determined by location and infill parcel size. Future development density may be up to 8 units per acre overall (or up to 12 units per acre for affordable housing).” (Page 15.) Findings A. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. Contiguity is achieved on three sides with 65.39% of the total perimeter boundary being contiguous which exceeds the minimum required 16.66%. B. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. C. On September 4, 2018, the City Council adopted Resolution 2018-080 that accepted the annexation petition and determined that the petition was in compliance with state law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a City Council public hearing would be held regarding the readings of the future Ordinances annexing and zoning the area. D. Since the parcel is located in an area that is mostly characterized as residential, Staff recommends that the parcel be included in the Residential Neighborhood Sign District. Enclave Implications Annexing this 16.98-acre parcel does not create an enclave. 7 Packet Pg. 72 Agenda Item 7 Item # 7 Page 3 CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its September 20, 2018 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. In addition, the Board recommended that the parcel be placed within the Residential Neighborhood Sign District. Two citizens addressed the Board at the public hearing. x One citizen expressed support for the proposed zoning of L-M-N, Low Density Mixed-Use Neighborhood. x Another citizen expressed a concern about the safety procedures for a practice burn of the former house conducted by the Poudre Fire Authority back on May 22, 2018. The Poudre Fire Authority provided a written response to this citizen on September 25, 2018 addressing all the concerns. (Attachment 7) PUBLIC OUTREACH A neighborhood information meeting was held on June 13, 2018. At this meeting, the following entitlement procedures were presented and discussed: x Annexation of the subject parcel x Zoning of the subject parcel x Potential development of the subject parcel plus the adjoining property to the west. Combined, these two parcels include approximately 41 acres x An Overall Development Plan which would allow the 41 acres to be developed in phases x A Project Development Plan for the first phase. While the annexation of the subject parcel was not controversial per se, a variety of other concerns were raised about the nature and extent of future development. The applicant is in the process of meeting with interested neighbors and addressing these issues on a pre-submittal basis. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Plat (PDF) 3. Area Map (PDF) 4. Structure Plan (PDF) 5. Annexation Petition (PDF) 6. Zoning Map (PDF) 7. Letter from Poudre Fire Authority in Response to Questions from Citizen (PDF) 7 Packet Pg. 73 Laporte Ave S Taft Hill Rd N Taft Hill Rd Sanctuary on the Green Annexation Vicinity Map Printed: October 05, 2018 © Sanctuary on the Green Annexation City Limits Annexation Area ATTACHMENT 1 7.1 Packet Pg. 74 Attachment: Vicinity Map (7214 : Sanctuary on the Green Annexation) ATTACHMENT 2 7.2 Attachment: Annexation Plat (7214 : Sanctuary on the Green Annexation) ATTACHMENT 3 7.3 Packet Pg. 76 Attachment: Area Map (7214 : Sanctuary on the Green Annexation) ATTACHMENT 4 7.4 Packet Pg. 77 Attachment: Structure Plan (7214 : Sanctuary on the Green Annexation) ^ĂŶĐƚƵĂƌLJŽŶƚŚĞ'ƌĞĞŶŶŶĞdžĂƚŝŽŶ ϮϴƵŐƵƐƚϮϬϭϴ WĂŐĞϭŽĨϵ 3(7,7,21)25$11(;$7,21 7+(81'(56,*1(' KHUHLQDIWHUUHIHUUHGWRDVWKH³3HWLWLRQHUV´ ATTACHMENT 5 7.5 Packet Pg. 79 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) ^ĂŶĐƚƵĂƌLJŽŶƚŚĞ'ƌĞĞŶŶŶĞdžĂƚŝŽŶ ϮϳƵŐƵƐƚϮϬϭϴ WĂŐĞϯŽĨϵ $77$&+0(17³$´ /(*$/'(6&5,37,212)$11(;$7,21 $3$5&(/2)/$1'6,78$7(',17+(6287+($6748$57(52)7+(1257+($6748$57(5 2)6(&7,21 $1'7+(6287+:(6748$57(52)7+(1257+:(6748$57(52)6(&7,21 72:16+,31257+5$1*( :(672)7+(7+35,1&,3$/0(5,',$1 &2817<2) /$5,0(567$7(2)&2/25$'2 %(,1*025(3$57,&8/$5/<'(6&5,%('$6)2//2:6 %(*,11,1*$77+(1257+($67&251(52)6$,'6287+($6748$57(52)7+(1257+($67 48$57(52)6(&7,21 7+(1&(6287+ ¶($67$/21*7+(1257+/,1(2)6$,'6287+:(6748$57(52) 7+(1257+:(6748$57(52)6(&7,21$',67$1&(2))((772$32,17217+( ($67(5/<5,*+72):$<2)1257+7$)7+,//52$' 7+(1&($/21*6$,'($67(5/<5,*+72):$<7+()2//2:,1*1,1( ^ĂŶĐƚƵĂƌLJŽŶƚŚĞ'ƌĞĞŶŶŶĞdžĂƚŝŽŶ ϮϳƵŐƵƐƚϮϬϭϴ WĂŐĞϰŽĨϵ '(6&5,%(',17+('2&80(175(&25'('81'(55(&(37,21180%(5,17+( 5(&25'62)7+(/$5,0(5&2817<&/(5.$1'5(&25'(5 7+(1&($/21*7+(%281'$5<2)6$,'3$5&(/7+()2//2:,1*6(9(17((1 ATTACHMENT 5 7.5 Packet Pg. 82 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) ATTACHMENT 5 7.5 Packet Pg. 83 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) ATTACHMENT 5 7.5 Packet Pg. 84 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) ATTACHMENT 5 7.5 Packet Pg. 85 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) ATTACHMENT 5 7.5 Packet Pg. 86 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) Annexation Area N Hillcrest Dr Cherry St W Oak St Grandview Ave C o riand e r Ln Bellwether Ln N Briarwood Rd Plains Ct W Mountain Ave Stephens St Pennsylvania St Tarragon Ln Webb Ave Irish Dr Hillcrest Dr S Impala Dr Briarwood Rd B asil Ln N Impala Dr M e rce r Dr Laporte Ave W Vine Dr S Taft Hill Rd N Taft Hill Rd RL T RL LMN LMN NCL UE POL Sanctuary on the Green Zoning Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: August 14, 2018 Poudre Fire Authority 102 Remington Street Fort Collins, Colorado 80524 (970) 416-2892 Fax (970) 416-2809 www.poudre-fire.org September 25, 2018 Dear Mr. Frank, This letter is in response to the acquired structure burn that took place at 325 North Taft Hill Road on May 22, 2018. Poudre Fire Authority used the primary residents on this property for its training and did not incorporate any other of the outbuilding into its business. Poudre Fire Authority (PFA) was contacted by the owner of the home, Mr. William Vieo of Solitaire Homes, LLC. He advised that he would donate the home to us for training purposes and this coincided with a current training plan that PFA had been working on that supported a training burn for modern fire behavior attack for firefighters. Regarding this training, Poudre Fire Authority followed this process: 1. Support was gained internally from Chief DeMint and the Operations and Support Division Chiefs. 2. A Training Action Plan was created by PFA’s Training Division that identified clear objectives and how the fire would be administered, including involved parties. Poudre Fire Authority operated under National Fire Protection Agency Guide 1403 Live Fire Training. 3. PFA requested the homeowner obtain a demolition permit. 4. Asbestos testing was ordered by Mr. Vieo. 5. The City of Fort Collins, Larimer County, and PFA Public Information Officers worked to get information out about the burn to the nearby community. o This included distribution of 300 paper informational flyers with contact information mailed to the closest 300 residents around the property. 6. For the closest neighbor across the street, PFA made an in-person visit to inform the homeowner directly. 7. PFA had two meetings with the asbestos inspector who said that there was limited asbestos found and that it was below the required limit. o The asphaltic roofing, even though exempt from regulation contained less than 1% asbestos from the report completed by National Environmental Specialists. The “less than 1%” materials (Flooring Mastic and Compound) can remain, even in an intentional fire, because it is unregulated. 8. A second asbestos inspection was ordered and performed once plans came together for the house to be burned. That inspection showed above 1% in the basement tiles. These were removed following proper procedures. 9. The demolition permit was then obtained by Mr. Vieo and this was communicated to PFA. 10. Service of utilities were removed from the property including electric and gas supply by the appropriate companies. ATTACHMENT 7 7.7 Packet Pg. 88 Attachment: Letter from Poudre Fire Authority in Response to Questions from Citizen (7214 : Sanctuary on the Green Annexation) 2 11. A Burn Permit was issued to PFA from Larimer County. 12. Final approval for the burn was granted after review from PFA’s Training Chief. The benefits to PFA by completing this burn included training our local firefighters and also firefighters from Canada, Wyoming, Montana, Texas, and twelve fire departments directly from the region. In addition, this included our newest firefighters in Front Range Fire Consortium Academy Class 18-1 and the regional Drone Team that was able to practice and use tools to apply to the emergency scene. Since the acquired structure burn, PFA has created a video that captures the training event, including training techniques that are now being used for more efficient tactics in firefighting, resulting in less damage to a customer’s home and creating a safer environment for our firefighters. All documentation is held at Poudre Fire Authority’s Training Division. Kind Regards, Brandon Garcia Brandon Garcia Battalion Chief Training Division Poudre Fire Authority bgarcia@poudre-fire.org (C) 970-217-1939 (O) 970-416-2654 Poudre-fire.org ATTACHMENT 7 7.7 Packet Pg. 89 Attachment: Letter from Poudre Fire Authority in Response to Questions from Citizen (7214 : Sanctuary on the Green Annexation) -1- RESOLUTION 2018-096 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SANCTUARY ON THE GREEN ANNEXATION WHEREAS, pursuant to Resolution 2018-080, annexation proceedings were initiated by the City Council for property to be known as the Sanctuary on the Green Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on October 16, 2018. 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 (the “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 the Act have been met, that an election is not required under the 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 the 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. 90 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 91 -1- ORDINANCE NO. 126, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SANCTUARY ON THE GREEN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-080, finding substantial compliance and initiating annexation proceedings for the Sanctuary on the Green Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-096 setting forth findings of fact and determinations regarding the Sanctuary on the Green Annexation was 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 be known as the Sanctuary on the Green Annexation (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 2018-080 and Resolution 2018-096 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; THENCE SOUTH 89°38’45" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY, THE FOLLOWING NINE (9) COURSES; 1. SOUTH 06°21’44" WEST, A DISTANCE OF 100.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 318.81 FEET; 3. NORTH 89°22'23" WEST, A DISTANCE OF 10.00 FEET; 4. SOUTH 00°37'23" WEST, A DISTANCE OF 250.00 FEET; 5. SOUTH 89°22'23" EAST, A DISTANCE OF 20.00 FEET; 6. SOUTH 00°37'23" WEST, A DISTANCE OF 474.18 FEET; Packet Pg. 92 -2- 7. NORTH 89°30'07" WEST, A DISTANCE OF 7.50 FEET; 8. SOUTH 00°37'24" WEST, A DISTANCE OF 101.02 FEET; 9. SOUTH 52°54'45" EAST, A DISTANCE OF 61.20 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY OF LAPORTE AVENUE; THENCE SOUTH 89°30'06" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 88.28 FEET; THENCE SOUTH 00°37'23" WEST, A DISTANCE OF 42.50 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10; THENCE NORTH 89°30'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9; THENCE NORTH 00°37'23" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 9, A DISTANCE OF 380.78 FEET; THENCE NORTH 89°11'28" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY OF SAID NORTH TAFT HILL ROAD; THENCE NORTH 00°37'23" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 20170065218 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE, ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING SEVENTEEN (17) COURSES; 1. NORTH 89°11'28" WEST, A DISTANCE OF 140.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 210.00 FEET; 3. NORTH 89°11'28" WEST, A DISTANCE OF 449.79 FEET; 4. NORTH 07°27'22" WEST, A DISTANCE OF 88.61 FEET; 5. NORTH 05°33'47" EAST, A DISTANCE OF 50.50 FEET; 6. NORTH 28°31'47" EAST, A DISTANCE OF 60.60 FEET; 7. NORTH 53°20'47" EAST, A DISTANCE OF 82.24 FEET; 8. NORTH 49°50'47" EAST, A DISTANCE OF 95.75 FEET; 9. NORTH 32°12'47" EAST, A DISTANCE OF 49.00 FEET; 10. NORTH 14°59'47" EAST, A DISTANCE OF 58.00 FEET; 11. NORTH 01°50'13" WEST, A DISTANCE OF 48.30 FEET; 12. NORTH 45°12'13" WEST, A DISTANCE OF 43.03 FEET; 13. NORTH 78°09'13" WEST, A DISTANCE OF 269.50 FEET; 14. NORTH 51°19'13" WEST, A DISTANCE OF 228.00 FEET; 15. NORTH 59°37'13" WEST, A DISTANCE OF 306.00 FEET; 16. NORTH 30°00'13" WEST, A DISTANCE OF 138.83 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; 17. SOUTH 89°09'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1204.72 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE CONTINUING SOUTH 89°05'56" EAST, A DISTANCE OF 40.08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 16.988 ACRES, (739,986 SQUARE FEET), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Sanctuary on the Green Annexation, which annexation shall become effective upon completion Packet Pg. 93 -3- 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 16th day of October, A.D. 2018, and to be presented for final passage on the 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 94 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 127, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone 16.98 acres. The site is located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New Mercer Canal forms the western boundary. In accordance with the City Plan’s Structure Plan Map and the Northwest Subarea Plan, the requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Northwest Subarea Plan The parcel is located within the Northwest Subarea Plan, adopted in 2006 and covers 4.3 square miles in the general area between Mulberry Street, Overland Trail, County Road 50 and Shields Street. The Plan was jointly adopted by both the City of Fort Collins and Larimer County. The Plan states: “Purpose and Intent: The designation of Low Density Mixed-Use Neighborhood in this area is consistent with the current Structure Plan and existing neighborhoods and provides a transition between adjacent Old Town neighborhoods in the city and lower density subdivisions to the west. New neighborhoods should entail creative master planning to lead to visually attractive, pedestrian-friendly neighborhoods that have nearby services, parks, and other amenities.” (Page 15.) “Current Underlying Zoning: Some of the area is currently unincorporated with county zoning of FA-Farming. If a developer petitions to be annexed, the City typically allows a rezone to the LMN district.” (Page 16.) 8 Packet Pg. 95 Agenda Item 8 Item # 8 Page 2 According to the Northwest Subarea Plan Framework Plan, the subject parcel should be placed into the L-M-N, Low Density Mixed-Use Neighborhood, zone district. The proposed zoning, L-M-N, complies with the Subarea Plan. Zoning The proposed zoning for the subject annexation is L-M-N, Low Density Mixed-Use Neighborhood. Per Section 4.5 of the Land Use Code, the purpose of the L-M-N zone district is as follows: “The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood.” “Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.” Future development under L-M-N zoning will be expected to comply with this purpose statement. Findings A. The requested zoning, L-M-N, Low Density Mixed-Use Neighborhood, is in conformance with the policies of the City's Comprehensive Plan and the Framework Plan of the Northwest Subarea Plan. B. The request is in conformance with Section 2.9, Amendment to the Zoning Map, of the City of Fort Collins Land Use Code. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its September 20, 2018, regular meeting, the Planning and Zoning Board voted 6-0 to recommend that the parcel be placed into the L-M-N, Low Density Mixed-Use Neighborhood District. Two citizens addressed the Board at the public hearing. x One citizen expressed support for the proposed zoning of L-M-N, Low Density Mixed-Use Neighborhood. x Another citizen expressed a concern about the safety procedures for a practice burn of the former house conducted by the Poudre Fire Authority back on May 22, 2018. The Poudre Fire Authority provided a written response to this citizen on September 25, 2018. 8 Packet Pg. 96 Agenda Item 8 Item # 8 Page 3 PUBLIC OUTREACH A neighborhood information meeting was held on June 13, 2018. At this meeting, the following entitlement procedures were presented and discussed: x Annexation of the subject parcel; x Zoning of the subject parcel; x Potential development of the subject parcel plus the adjoining property to the west. Combined, these two parcels include approximately 41 acres; x An Overall Development Plan which would allow the 41 acres to be developed in phases; x A Project Development Plan for the first phase. At the neighborhood information meeting, the applicant initially presented a desire for placement into the M-M- N, Medium Density Mixed-Use Neighborhood zone district. The request has since been revised for placement into the L-M-N, Low Density Mixed-Use Neighborhood zone district. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan (JPG) 3. Zoning Map (PDF) 8 Packet Pg. 97 Laporte Ave S Taft Hill Rd N Taft Hill Rd Sanctuary on the Green Annexation Vicinity Map Printed: October 05, 2018 © Sanctuary on the Green Annexation City Limits Annexation Area ATTACHMENT 1 8.1 Packet Pg. 98 Attachment: Vicinity Map (7215 : Sanctuary on the Green Annexation Zoning) 8.2 Packet Pg. 99 Attachment: Structure Plan (7215 : Sanctuary on the Green Annexation Zoning) Annexation Area N Hillcrest Dr Cherry St W Oak St Grandview Ave C o riand e r Ln Bellwether Ln N Briarwood Rd Plains Ct W Mountain Ave Stephens St Pennsylvania St Tarragon Ln Webb Ave Irish Dr Hillcrest Dr S Impala Dr Briarwood Rd B asil Ln N Impala Dr M e rce r Dr Laporte Ave W Vine Dr S Taft Hill Rd N Taft Hill Rd RL T RL LMN LMN NCL UE POL Sanctuary on the Green Zoning Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: August 14, 2018 -1- ORDINANCE NO, 127, 2018 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 SANCTUARY ON THE GREEN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on September 20, 2018, unanimously recommended zoning the property to be known as the Sanctuary on the Green Annexation (the “Property”) as Low Density Mixed- Use as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the Property in the Low Density Mixed Use (“L-M-N”) Zone District as more particularly described as: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, Packet Pg. 101 -2- TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; THENCE SOUTH 89°38’45" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY, THE FOLLOWING NINE (9) COURSES; 1. SOUTH 06°21’44" WEST, A DISTANCE OF 100.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 318.81 FEET; 3. NORTH 89°22'23" WEST, A DISTANCE OF 10.00 FEET; 4. SOUTH 00°37'23" WEST, A DISTANCE OF 250.00 FEET; 5. SOUTH 89°22'23" EAST, A DISTANCE OF 20.00 FEET; 6. SOUTH 00°37'23" WEST, A DISTANCE OF 474.18 FEET; 7. NORTH 89°30'07" WEST, A DISTANCE OF 7.50 FEET; 8. SOUTH 00°37'24" WEST, A DISTANCE OF 101.02 FEET; 9. SOUTH 52°54'45" EAST, A DISTANCE OF 61.20 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY OF LAPORTE AVENUE; THENCE SOUTH 89°30'06" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 88.28 FEET; THENCE SOUTH 00°37'23" WEST, A DISTANCE OF 42.50 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10; THENCE NORTH 89°30'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9; THENCE NORTH 00°37'23" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 9, A DISTANCE OF 380.78 FEET; THENCE NORTH 89°11'28" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY OF SAID NORTH TAFT HILL ROAD; THENCE NORTH 00°37'23" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 20170065218 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE, ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING SEVENTEEN (17) COURSES; 1. NORTH 89°11'28" WEST, A DISTANCE OF 140.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 210.00 FEET; 3. NORTH 89°11'28" WEST, A DISTANCE OF 449.79 FEET; 4. NORTH 07°27'22" WEST, A DISTANCE OF 88.61 FEET; 5. NORTH 05°33'47" EAST, A DISTANCE OF 50.50 FEET; 6. NORTH 28°31'47" EAST, A DISTANCE OF 60.60 FEET; 7. NORTH 53°20'47" EAST, A DISTANCE OF 82.24 FEET; 8. NORTH 49°50'47" EAST, A DISTANCE OF 95.75 FEET; 9. NORTH 32°12'47" EAST, A DISTANCE OF 49.00 FEET; 10. NORTH 14°59'47" EAST, A DISTANCE OF 58.00 FEET; 11. NORTH 01°50'13" WEST, A DISTANCE OF 48.30 FEET; Packet Pg. 102 -3- 12. NORTH 45°12'13" WEST, A DISTANCE OF 43.03 FEET; 13. NORTH 78°09'13" WEST, A DISTANCE OF 269.50 FEET; 14. NORTH 51°19'13" WEST, A DISTANCE OF 228.00 FEET; 15. NORTH 59°37'13" WEST, A DISTANCE OF 306.00 FEET; 16. NORTH 30°00'13" WEST, A DISTANCE OF 138.83 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; 17. SOUTH 89°09'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1204.72 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE CONTINUING SOUTH 89°05'56" EAST, A DISTANCE OF 40.08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 16.988 ACRES, (739,986 SQUARE FEET), MORE OR LESS Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 16th day of October, A.D. 2018, and to be presented for final passage on the 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 103 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Ellen Martin, Visual Arts Administrator Jody Hurst, Legal SUBJECT Resolution 2018-097 Approving an Art Project for the Fossil Creek Trail Project and Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to approve expenditures from the Art in Public Places Reserve Account to commission an artist to create art for the Fossil Creek Trail Project. The expenditures of $50,000 will be for design, materials, signage, fabrication, installation, and contingency for Stephen Shachtman to create a sculpture at the site on the Fossil Creek Trail. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 23-303 of the City Code, which was added in 1995, established the Art in Public Places Reserve Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of works of art, and administrative expenses related to the Art in Public Places (APP) Program, in accordance with the APP Guidelines adopted by the Council in Ordinance No. 020, 1995. In 2012, City Council permanently adopted the APP Program, and reenacted City Code Chapter 23, Article IX, with certain modifications. Artist Stephen Shactman worked with the project team to develop the concept for art at the site. The artist was selected through an RFQ process. The artwork is located near the underpass on the Fossil Creek Trail. The Fossil Creek Trail area is not only home to a wide variety of native flora and fauna but was also once home to a brick factory from 1902 to 1952. Historical evidence found at the site, in what is now the Redtail Grove Natural Area, includes remnants of bricks and buildings, bases of the tram that carried the brick clay, and a kiln. The proposed artwork is inspired by this location. Near the historic site of the brick kilns and just southwest of the recreation bike trail and railroad track, is the proposed site of Fossil Creek Sphere, a large flagstone sculpture by local artist Stephen Shachtman. Mr. Shachtman’s sphere draws from the color palette of the Natural Area as well as the historical site. The oversized sphere plays off the scale of the site and the nearby tunnel, appearing to be the same size as the tunnel opening. The sphere is of flagstone quarried from the nearby site of Arkins Park. Mr. Shachtman will fabricate the structure out of 903 brick-like pieces of flagstone, creating a stacked 8 ft. diameter sphere at this location. The artist will incorporate brick/pavers into the flagstone sphere, which will pay homage to the site. 9 Packet Pg. 104 Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS The funds for this item have been appropriated in the APP Reserve Account in the Cultural Services and Facilities Fund. The APP Program also has available appropriated maintenance funds for the long-term care of the subject artwork along with the rest of the APP art collection. The Fossil Creek Trail Project art budget is $50,000 to be used for design, materials, fabrication, installation, contingency, and maintenance for this artwork. BOARD / COMMISSION RECOMMENDATION At it’s September 19, 2018 regular meeting, the Art in Public Places Board unanimously recommended approval of the project. PUBLIC OUTREACH The Fossil Creek Trail APP Project was promoted in a pubic call to artists through a Request for Qualifications (RFQ) process. In an RFQ process all submissions are reviewed and the artist selection is based on her/his portfolio of work. Submissions are reviewed by the APP Board, a Purchasing representative, and representatives of the project team. Artists then collaborate with the project team and together develop concepts for the artwork based on the goals of the project and input from the team. The final design and budget were reviewed and approved by the project team and then the APP Board, which recommends the project to City Council for approval. The APP Program will promote the project throughout the fabrication, installation, and completion of the artwork. The community will be able to visit the site while the artist is building the sculpture. ATTACHMENTS 1. Written Description and Image of Proposed Artwork (PDF) 2. Art in Public Places Board minutes, September 19, 2018 (Draft) (PDF) 9 Packet Pg. 105 Art in Public Places Fossil Creek Trail Project Artist: Stephen Shachtman College Ave. / HWY 287 ATTACHMENT 1 9.1 Packet Pg. 106 Attachment: Written Description and Image of Proposed Artwork (7219 : APP Fossil Creek Trail Project) 8 Ō diameter flagstone sphere ArƟst rendering of proposed artwork at the site on Fossil Creek Trail The Fossil Creek Trail area is not only home to a wide variety of native flora and fauna but was also once home to a brick factory from 1902 to 1952. Historical evidence found at the site, in what is now the Redtail Grove Natural Area, includes remnants of bricks and buildings, bases of the tram that carried the brick clay, and a kiln. The proposed artwork is inspired by this location. Near the historic site of the brick kilns and just southwest of the recreation bike trail and railroad track, is the proposed site of Fossil Creek Sphere, a large flag- stone sculpture by local artist Stephen Shachtman. Mr. Shachtman’s sphere draws form the color pallet of the Natural Area as well as the historical site. The oversized sphere plays off the scale of the site and the nearby tunnel, appearing to be the same size as the tunnel opening. The sphere is of flagstone quarried from the nearby site of Arkins Park. Mr. Shachtman will fabricate the structure out of 903 brick-like pieces of flagstone, creating a stacked 8 ft. diameter sphere at this location. The artist will incorporate brick/pavers into the flagstone sphere, which will pay homage to the site. ATTACHMENT 1 9.1 Packet Pg. 107 Attachment: Written Description and Image of Proposed Artwork (7219 : APP Fossil Creek Trail Project) ATTACHMENT 2 9.2 Packet Pg. 108 Attachment: Art in Public Places Board minutes, September 19, 2018 (Draft) (7219 : APP Fossil Creek Trail Project) ATTACHMENT 2 9.2 Packet Pg. 109 Attachment: Art in Public Places Board minutes, September 19, 2018 (Draft) (7219 : APP Fossil Creek Trail Project) ATTACHMENT 2 9.2 Packet Pg. 110 Attachment: Art in Public Places Board minutes, September 19, 2018 (Draft) (7219 : APP Fossil Creek Trail Project) -1- RESOLUTION 2018-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ART PROJECT FOR THE FOSSIL CREEK TRAIL PROJECT AND APPROVING EXPENDITURES FROM THE ART IN PUBLIC PLACES RESERVE ACCOUNT IN THE CULTURAL SERVICES AND FACILITIES FUND TO COMMISSION AN ARTIST TO CREATE THE ART PROJECT PURSUANT TO THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City is in the process of improving the Fossil Creek Trail near the Burlington Northern underpass (“the Project”); and WHEREAS, pursuant to Sections 23-303 and 23-304 of the City Code, one percent of the funds appropriated for the Project was set aside in the Art in Public Places reserve account for use in the acquisition, installation and maintenance of works of art in accordance with the Art in Public Places Guidelines adopted by the City Council in Ordinance No. 047, 1998 (the “Guidelines”); and WHEREAS, Artist Stephen Shactman was selected from a Request for Qualifications process to complete an art project near the underpass on the Fossil Creek Trail (“the Art Project”); and WHEREAS, the Art Project will be a large flagstone sculpture drawn from the color palette of the natural area as well as a site containing a historical brick factory; and WHEREAS, the Art in Public Places Board (the “Board”) approved the design concept of the Art Project and recommended Council approval at the Board’s September 19, 2018, regular meeting; and WHEREAS, the funds for this Art Project have been appropriated in the APP Reserve Account in the Cultural Services and Facilities Fund; and WHEREAS, the budget for this Art Project, including design, materials, fabrication, delivery, contingency, and maintenance is $50,000; WHEREAS, Section 23-308 of the City Code requires that the Board’s recommendation concerning the use of funds for the Art Project be presented for Council review and approval as the cost of the art exceeds $30,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals above. Section 2. That the City Council hereby approves the use of previously appropriated funds in an amount not to exceed $50,000 from the Art in Public Places Reserve Account in the Packet Pg. 111 -2- Cultural Services and Facilities Fund for the Art Project described herein for inclusion in the Fossil Creek Trail Project, the conceptual design for which was reviewed and approved by the Art in Public Places Board on September 19, 2018. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 112 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Items Relating to an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Chief Judge and a Fifteenth Addendum to the Chief Judge's Employment Agreement. EXECUTIVE SUMMARY A. Resolution 2018-098 Adopting an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Chief Judge. B. Resolution 2018-099 Authorizing the Fifteenth Addendum to Chief Judge Lane’s Employment Agreement. The purpose of this item is to modify the performance evaluation process for the City Manager, City Attorney and Chief Judge to allow flexibility in the timing of the evaluations and to allow the Chief Judge to use a designated facilitator. Resolution 2018-099 authorizes execution of an addendum to the Chief Judge’s employment agreement for a new two-year term. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BACKGROUND / DISCUSSION Each year, City Council conducts a performance evaluation of the City Manager, City Attorney and Chief Judge. The current process is outlined in Resolution 2014-096 and requires the evaluations be completed in November. The proposed modification to the process allows for the evaluation to be completed near the end of the calendar year, providing for added flexibility. Additionally, the proposed modification allows for the Chief Judge to use a designated facilitator, consistent with the process for the City Manager and City Attorney. The City Charter requires a two-year term of the Chief Judge’s employment agreement. The current term expires December 31, 2018. The Fifteenth Addendum, if approved, initiates a new two-year term of the Chief Judge’s employment agreement. 10 Packet Pg. 113 -1- RESOLUTION 2018-098 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AN UPDATED PROCESS FOR CITY COUNCIL EVALUATION OF THE PERFORMANCE OF THE CITY MANAGER, CITY ATTORNEY AND CHIEF JUDGE WHEREAS, the City Manager, City Attorney and Chief Judge are appointed by the City Council under the provisions of the City Charter; and WHEREAS, the Chief Judge is appointed for a two-year term, and the City Manager and City Attorney serve terms of indefinite duration; and WHEREAS, the City Council is responsible for managing the performance of all three of these employees and fixing their compensation; and WHEREAS, it is essential that these employees perform their duties with integrity, professionalism and effectiveness; and WHEREAS, the more formal review of these employees’ performance takes place near the end of the calendar year of the performance review period; and WHEREAS, the City Council has by resolution developed and approved a process for conducting the annual reviews, which Council has from time to time updated and revised; and WHEREAS, the City Council wishes to supersede all prior resolutions establishing such review procedures, and adopt the procedures set forth below, which revise that process to allow the use of facilitation services to assist with the gathering and exchange of information related to the Annual Reviews. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the annual, formal evaluation of the City Manager, City Attorney and Chief Judge shall be conducted in accordance with the following guidelines: Section 1. No later than October 1 of each calendar year, the Mayor shall set a date for an annual review meeting with the Council for the City Manager, City Attorney and the Chief Judge (the “Employees”) as part of the annual, formal evaluation (“Annual Review”). The City Clerk will include the scheduled date or dates on the Six-Month Calendar for Council agenda planning. Section 2. The Annual Review process shall be conducted as follows: A. Human Resources will contract with an appropriately qualified consultant (the “Facilitator”) to assist with gathering and exchange of information related to the Annual Reviews. Packet Pg. 114 -2- B. Human Resources will coordinate the development of an evaluation form or set of questions to be used in the evaluation process for each Employee, working with the relevant Employee, the Facilitator, and the Mayor or his or her designee. C. Human Resources will ensure the evaluation form or questions for each Employee are provided to each Councilmember at least 30 days prior to the date of the Employee’s annual review meeting with the Council. D. Each Employee will provide his or her self-evaluation and additional information he or she considers appropriate to the Council no later than 30 days prior to the date of the Employee’s annual review meeting with the Council. E. Human Resources will provide salary market information regarding each of the Employees to the Council and to the appropriate Employee no later than 30 days prior to the date of the Employee’s annual review meeting with Council. E. The Facilitator will coordinate with Human Resources, the Employees and individual Councilmembers to arrange for and meet with each Councilmember to collect evaluation input for each Employee. F. The Facilitator will prepare and distribute to all Councilmembers and the appropriate Employee a report describing and summarizing the evaluation input obtained no later than 10 days prior to such Employee’s annual review meeting with the Council. G. Each Employee will also provide to Council his or her compensation requests for the ensuing year and any proposed contract revisions no later than 10 days prior to such Employee’s annual review meeting with the Council. H. Human Resources, the Facilitator and the Employees may provide to Council at any time any additional information requested by a Councilmember or considered pertinent in relation to the Annual Review process. I. All Councilmembers, irrespective of their evaluation of the Employees, are encouraged to meet individually with the Employees to discuss their performance. Section 3. The annual, formal evaluation of the Chief Judge shall be conducted in accordance with the foregoing guidelines, except that, in addition, each year in which the Chief Judge is requesting reappointment, Human Resources or the Facilitator shall provide to Municipal Court prosecutors, defense attorneys who have worked on Municipal Court cases, and attorneys who have appeared at Liquor Licensing Authority meetings an evaluation form for use in evaluating the performance of the Chief Judge. The Chief Judge and the Human Resources Department shall prepare the form in consultation with the Mayor. Human Resources or the Facilitator shall compile the names of all persons submitting completed forms, together with a composite of the ratings and comments on the completed forms and shall provide this information to Council together with the evaluation input. Packet Pg. 115 -3- Section 4. Any change in the compensation of the Employees shall be approved by the Council by ordinance. That ordinance shall be adopted by the Council so that the change in compensation will take effect the first full pay period of the ensuing year. If the Council and either Employee agree upon any revisions to the Employee’s employment contract for the ensuing year, a resolution approving such revision(s) shall be adopted upon first or second reading of the salary ordinance. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 116 -1- RESOLUTION 2018-099 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE FIFTEENTH ADDENDUM TO CHIEF JUDGE LANE’S EMPLOYMENT AGREEMENT WHEREAS, Chief Judge Kathleen M. Lane has served as Municipal Judge or Chief Judge for Fort Collins since 1989; and WHEREAS, Chief Judge Kathleen M. Lane’s current appointment as Chief Judge of the municipal court is through December 31, 2018; and WHEREAS, the City and Judge Lane previously entered into that certain Employment Agreement dated July 31, 1989 (the “Employment Agreement”), which has been amended by 14 previous addenda, the most recent of which is dated September 12, 2017; and WHEREAS, on June 11, 2018, the City Council conducted a mid-year performance review with the Chief Judge; and WHEREAS, within the past month, the City Council and the Chief Judge met and discussed the 2019-2020 budget for the Municipal Court in an open meeting; and WHEREAS, the Council is adequately informed about the Chief Judge’s performance and plans for continuing to oversee the Municipal Court and wishes to change Judge Lane’s agreement so that her term of employment is for another two-year term as provided in Article VII, Section 1 of the City Charter and to make changes to the Employment Agreement to reflect the Chief Judge’s new term of office. 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 Chief Judge Kathleen M. Lane is hereby reappointed as Chief Judge for the City of Fort Collins for a two-year term commencing January 1, 2019 and ending December 31, 2020. Section 3. That the Mayor is hereby authorized to execute a Fifteenth Addendum to the Employment Agreement between the City and Kathleen M. Lane in substantially the form shown on Exhibit “A”, attached hereto and incorporated herein by this reference, with such modifications, if any, as the Mayor may, upon consultation with the City Attorney, consider to be in the best interests of the City. Packet Pg. 117 -2- Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 118 ),)7((17+$''(1'8072&+,()-8'*( (03/2<0(17$*5((0(17 7+,6),)7((17+$''(1'80LVPDGHDQGHQWHUHGLQWRWKHBBBBBGD\RI2FWREHU E\DQGEHWZHHQ7+(&,7<2))257&2//,16&2/25$'2DPXQLFLSDOFRUSRUDWLRQ KHUHLQDIWHUUHIHUUHGWRDV³WKH&LW\´ ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHFDXVHGWKLV)LIWHHQWK$GGHQGXPWRWKH (PSOR\PHQW$JUHHPHQWWREHH[HFXWHGDVRIWKHGD\DQG\HDUILUVWDERYHZULWWHQ 7+(&,7<2))257&2//,16&2/25$'2 $0XQLFLSDO&RUSRUDWLRQ %\ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB :DGH7UR[HOO0D\RU $77(67 BBBBBBBBBBBBBBBBBBBBBBBBBBBB &LW\&OHUN 3ULQWHGQDPH BBBBBBBBBBBBBBBB $33529('$672)250 BBBBBBBBBBBBBBBBBBBBBBBBBBBB &LW\$WWRUQH\ 3ULQWHGQDPH BBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB .DWKOHHQ0/DQH EXHIBIT A 1 Packet Pg. 120 Attachment: Exhibit A (7222 : Council-Appointed Evaluation Process - JUDGE RESO) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Clay Frickey, City Planner Brad Yatabe, Legal SUBJECT Resolution 2018-104 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning and Zoning Board's Decision Approving the External Storage Lockers Minor Amendment MA 180033. EXECUTIVE SUMMARY The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Planning and Zoning Board decision to approve with one condition the External Storage Lockers Minor Amendment. City Council heard the appeal on October 9, 2018. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On July 19, 2018, the Planning & Zoning Board approved the External Storage Lockers Minor Amendment with the condition that the church install a security camera and retain the footage for 7 days. On August 2, 2018, a group of community members filed an appeal with the following allegations: x The Board failed to properly interpret and apply Land Use Code (“Code”) Section 1.2.2 x The Board failed to properly interpret and apply Code Section 1.5.1 x The Board failed to properly interpret and apply Code Section 2.2.6 x The Board failed to properly interpret and apply Code Section 2.2.9 x The Board failed to properly interpret and apply Code Section 2.2.10 On October 9, 2018, City Council considered the appeal allegations and testimony from parties in interest. Council discussed all specific questions raised in the appeal. City Council found that the Board did not fail to properly interpret or apply Code Sections 1.2.2, 1.5.1, 2.2.6, 2.2.9, and 2.2.10. City Council modified the Planning and Zoning Board decision by adding three additional conditions: x Church staff must be present during hours of operation; x Limit locker operation between 6 AM and 8 PM; and x Restrict access to the lockers outside of normal hours of operation of the lockers. 11 Packet Pg. 121 -1- RESOLUTION 2018-104 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD’S DECISION APPROVING THE EXTERNAL STORAGE LOCKERS MINOR AMENDMENT MA180033 WHEREAS, on July 19, 2018, the Planning and Zoning Board (the “Board”) reviewed and approved the External Storage Lockers Minor Amendment MA180033 (the “Amendment”) with one condition of approval that the applicant, the Fort Collins Mennonite Fellowship (the “Fellowship”) install a security camera to monitor activities around the lockers and retain the camera recordings for seven days; and WHEREAS, on August 2, 2018, Laurie Davis and other parties-in-interest (the “Appellants”) filed an appeal (the “Notice of Appeal”) of the P&Z approval of the Amendment with the City Clerk; and WHEREAS, the Appellants asserted in the Notice of Appeal that the Board failed to properly interpret and apply Land Use Code Sections 1.2.2, 1.5.1., 2.2.6, 2.2.9, and 2.2.10; and WHEREAS, on October 9, 2018, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered the appeal, reviewed the record on appeal, received new evidence for consideration, and heard presentations from the Appellants and the opponent of the appeal, the Fellowship; and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the October 9, 2018, hearing that the Board properly interpreted and applied Land Use Code Sections 1.2.2, 1.5.1., 2.2.6, 2.2.9, and 2.2.10; and WHEREAS, Council finds that Appellants’ appeal is without merit in its entirety and is denied except that, in order to ensure that the Amendment fully complies with the Land Use Code, the Board’s October 9, 2018, is modified to include the following conditions in addition to the condition the Board imposed: 1. Locker access shall be limited to between the hours of 6 a.m. and 8 p.m. daily. 2. Fellowship staff must be present at all times during which locker access is allowed. 3. The Fellowship shall restrict access to the lockers outside of the times when locker access is allowed. WHEREAS, City Code Section 2-55(g) provides that no later than the date of its next regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in support of its decision on the Appeal. Packet Pg. 122 -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-55(g) of the City Code, the City Council hereby makes and adopts the following findings of fact and conclusions: 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 2. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 3. That based on the evidence in the record and presented at the October 9, 2018, City Council hearing, the Board’s July 19, 2018, decision on the Amendment is modified to include the conditions stated in the recitals set forth above. 4. Except as modified by the City Council, the Appellants’ allegation that the Board failed to properly interpret and apply the Land Use Code is otherwise without merit and is denied in its entirety. 5. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-55(g). Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 123 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Ginny Sawyer, Policy and Project Manager Carrie M. Daggett, Legal SUBJECT Items Relating to the CIty Council's Position on Amendment 74 and Propositions 109, 110, and 112. EXECUTIVE SUMMARY A. Resolution 2018-100 Expressing the City Council’s Opposition to Amendment 74, an Attempt to Amend the Colorado Constitution to Drastically Limit State and Local Government at a High Cost to Taxpayers and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue. B. Resolution 2018-101 Expressing the City Council’s Opposition for the Passage of Proposition 109 Relating to Transportation Bonds and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue. C. Resolution 2018-102 Expressing the City Council’s Support of Proposition 110, Authorizing a 0.62 Percent State Sales Tax to Fund Transportation Infrastructure, and Authorizing Related Bonds, and Urging the Citizens of Fort Collins to Vote “Yes” on this Ballot Issue. D. Resolution 2018-103 Expressing the City Council’s Opposition to the Passage of Proposition 112 Relating to Oil and Gas Setbacks and Urging the Citizens of Fort Collins to Vote “No” on this Ballot Issue. The purpose of this item is to consider City Council positions for statewide ballot measures up for election on November 6, 2018. These measures are Amendment 74, which would dramatically change state “takings” law; Proposition 109, which would bond $3.5 billion in transportation money to be repaid with existing revenue; Proposition 110, which would increase the state sales tax by 0.62% with those monies going to transportation; and Proposition 112, which would impose a mandatory 2,500 foot setback for all oil and gas production in the state. The Legislative Review Committee (LRC) took the following positions on the initiatives, which mirrored those of the Colorado Municipal League: Proposition/Amendment LRC position Amendment 74 Oppose Proposition 109 Oppose Proposition 110 Support Proposition 112 Oppose STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BACKGROUND / DISCUSSION As the November election draws near, there are several citizen-initiated measures on the state wide ballot, 12 Packet Pg. 124 Agenda Item 12 Item # 12 Page 2 which will be decided on November 6. The Colorado Municipal League (CML) has done some analysis on issues of direct interest to local governments, identified as Amendment 74 and Propositions 109, 110, and 112. The Legislative Review Committee (LRC) has discussed and taken position on these four measures, which mirror those of the adopted positions of CML. Staff has provided background on the four measures, including CML’s position and associated City Legislative Policy Agenda (LPA) language, below. Additionally, attached is documentation detailing CML’s positions as attachments to this AIS. Initiative Number/Name Brief Summary CML/LRC Position Associated LPA Language Amendment 74 Requires state or local government to award “just compensation” to an owner of private property when a law reduces “fair market value” of a property. Drastic change to existing “takings” law in Colorado Oppose The LPA speaks to multiple positions that maintain Home Rule Authority. This initiative undermines that authority and could result in financial risk and unintended consequences. Proposition 109 Authorizes $3.5B in transportation bonds, paid for with existing revenue, no local share. Oppose LPA supports funding for the buildout of I-25, but does not directly speak to using existing funds to do so. Proposition 110 Raises state sales tax by 0.62% - all new revenue goes to transportation and maintenance projects, approximately $5M annually for Fort Collins Support The LPA supports alternative methods of funding transportation infrastructure needs and supports funding for the build out of Interstate 25 improvements, which may include a ballot measure. Proposition 112 Requires new oil and gas development to be set back 2,500 ft from “occupied structures” or “vulnerable areas” Oppose The LPA supports greater local control related to oil and gas development. This measure would require a code change and would significantly impact local property owners and developers. CITY FINANCIAL IMPACTS If passed, these four initiatives could have various positive and negative impacts on the City’s financial Agenda Item 12 Item # 12 Page 3 ATTACHMENTS 1. Amendment 74-CML position (PDF) 2. Proposition 109-CML position (PDF) 3. CML Executive Board Weighs In On Important Transportation Initiatives (PDF) 4. Proposition 112-CML position (PDF) 12 Packet Pg. 126 &0/([HFXWLYH%RDUG:HLJKV,Q2Q,PSRUWDQW7UDQVSRUWDWLRQ,QLWLDWLYHV&0/ KWWS ZZZFPORUJLQLWLDWLYHVWUDQVSRUWDWLRQSRVLWLRQV CML Executive Board Weighs-In On Important Transportation Initiatives 7KLVSDVWZHHNWKH&0/([HFXWLYH%RDUGYRWHGXQDQLPRXVO\WRZHLJKLQRQDQLVVXHWKDWKDVEHHQGRJJLQJ&RORUDGR¶VFLWLHVDQG WRZQVIRUPRUHWKDQWZRGHFDGHV±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¶\HDUH[SLUDWLRQGDWHWKHVDOHVWD[LVH[SHFWHGWRUDLVHPRUHWKDQELOOLRQLQQHZUHYHQXHIRUWUDQVSRUWDWLRQZLWK PRUHWKDQELOOLRQJRLQJGLUHFWO\WRPXQLFLSDOLWLHV&RORUDGR¶VFLWLHVDQGWRZQVDOVRZRXOGEHHOLJLEOHIRUQHDUO\ELOOLRQLQ DGGLWLRQDOPXOWLPRGDOIXQGLQJIRUWKLQJVVXFKDVEXVSURJUDPVELNHSDWKVVLGHZDONVSHGHVWULDQEULGJHVDQGOLJKWUDLO :KLOHWKH&0/([HFXWLYH%RDUGGLGPRYHWRDIILUPDWLYHO\VXSSRUW,QLWLDWLYHWKLV1RYHPEHUWKH\FKRVHWRRSSRVHDQRWKHU WUDQVSRUWDWLRQUHODWHGLQLWLDWLYHWKDWDOVRTXDOLILHGIRUWKHEDOORW7KH,QGHSHQGHQFH,QVWLWXWHKDVSXWIRUZDUG,QLWLDWLYHDVNLQJ YRWHUVWRDSSURYHDELOOLRQERQGLQJPHDVXUHWR³)L[2XU'DPQ5RDGV´SDLGIRUZLWKH[LVWLQJUHYHQXHDQGZLWKRXWUDLVLQJ WD[HV7KHERDUGGHFLGHGWRRSSRVHWKLVPHDVXUHEHFDXVHLWGLGQRWRIIHUDORQJWHUPFRPSUHKHQVLYHVROXWLRQWR&RORUDGR¶V WUDQVSRUWDWLRQFKDOOHQJHV$OORIWKHSURFHHGVZRXOGJRVROHO\WRWKHVWDWHKLJKZD\IXQGWRDGGUHVVVWDWHURDGDQGEULGJH H[SDQVLRQDQGPDLQWHQDQFHZLWKRXWDGGUHVVLQJDQ\RIWKHWUDQVSRUWDWLRQFKDOOHQJHVDWWKHORFDOOHYHO$OVRWKHERDUGIHOWWKH ELOOLRQERQGLQJPHDVXUHZRXOGQRWHYHQFRPHFORVHWRDGGUHVVLQJWKH ELOOLRQEDFNORJRISURMHFWVLGHQWLILHGDFURVVWKHVWDWHE\ WKH&RORUDGR'HSDUWPHQWRI7UDQVSRUWDWLRQ 8OWLPDWHO\WKH&0/([HFXWLYH%RDUGGHFLGHG,QLWLDWLYHZDVWKHEHVWDSSURDFKWRVROYLQJDVLJQLILFDQWVWUXFWXUDOGHILFLHQF\ ZLWKLQRXUVWDWH¶VEXGJHW:LWK&RORUDGR¶VSRSXODWLRQSURMHFWHGWRGRXEOHE\LWLVLPSHUDWLYHWKDWDFRPSUHKHQVLYHVROXWLRQ EHWDNHQQRZWRHQVXUHRXUVWDWH¶VFRPPXWHUVDQGUHVLGHQWVFRQWLQXHWRHQMR\WKHVDPHTXDOLW\RIOLIHZHKDYHDOOFRPHWRH[SHFW LQ&RORUDGR &RORUDGR0XQLFLSDO/HDJXH 6KHUPDQ6WUHHW'HQYHU&2 S -1- RESOLUTION 2018-100 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL’S OPPOSITION TO AMENDMENT 74, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT AT A HIGH COST TO TAXPAYERS AND URGING THE CITIZENS OF FORT COLLINS TO VOTE “NO” ON THIS BALLOT ISSUE WHEREAS, state and local government services are essential to the citizens of Fort Collins; and WHEREAS, Amendment 74 has been written by certain out-of-state corporate interests to change the text of the Colorado Constitution, Article II, Section 15, which dates back to 1876, in a way that threatens basic governmental services; and WHEREAS, Amendment 74 declares that any state or local government law or regulation that “reduces” the “fair market value” of a private parcel is entitled to “just compensation” from that government; and WHEREAS, while Amendment 74 is shrouded in simple language, it has far reaching and complicated impacts; and WHEREAS, under the current Colorado Constitution, a property owner already has the right to seek compensation from state and local governments when their property is taken or damaged by those governments; and WHEREAS, Amendment 74 would expand this well-established concept by requiring the government – i.e., the taxpayers – to compensate private property owners for virtually any decrease whatsoever in the fair market value of their property traceable to any government law or regulation; and WHEREAS, Amendment 74 would create uncertainty because it is not clear what the language actually means or how it will be applied by the courts; and WHEREAS, Amendment 74 would severely limit the ability of Colorado’s state and local governments to do anything that might indirectly, unintentionally, or minimally affect the fair market value of any private property; and WHEREAS, Amendment 74 would drastically diminish the ability of our state and local governments to adopt – let alone attempt to enforce – reasonable regulations, limitations, and restrictions upon private property; and WHEREAS, Amendment 74 would place laws, ordinances, and regulations designed to protect public health and safety, the environment, our natural resources, public infrastructure, and other public resources in jeopardy; and Packet Pg. 132 -2- WHEREAS, Amendment 74 would directly impact zoning, density limitations, and planned development; and WHEREAS, Amendment 74 would make inherently dangerous or environmentally damaging activities prohibitively costly to attempt to limit or regulate, even in the interest of the public’s health and safety; and WHEREAS, any arguable impact upon fair market value – however reasonable or justified or minimal or incidental or temporary – resulting from state or local government action could trigger a claim for the taxpayers to pay or at least require the taxpayers to pay the costs to defend the claim in the courts; and WHEREAS, governments would be vulnerable to lawsuits for almost every decision to regulate or not to regulate, making regular government function prohibitively expensive for the taxpayer; and WHEREAS, similar efforts have been attempted and defeated in other states, such as the states of Washington and Oregon; and WHEREAS, the fiscal impact for similar language in Washington was estimated at $2 billion dollars for state agencies and $1.5 billion for local governments over the first six years; and WHEREAS, there were $4 billion dollars in claims in Oregon before the residents repealed a similar initiative three years after its passage; and WHEREAS, the constitutions of the United States and the State of Colorado establish well-tested protections governing the regulatory and physical taking of property interests by governments; and WHEREAS, the Council believes that Amendment 74 would have a significant detrimental impact on the work of the City of Fort Collins and its ability to promote the health, safety and welfare of the Fort Collins community, as well as the quality of life for Fort Collins residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council opposes Amendment 74 and urges every registered voter to vote “NO” on Amendment 74 at the November 6, 2018, election. Packet Pg. 133 -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 134 -1- RESOLUTION 2018-101 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL’S OPPOSITION FOR THE PASSAGE OF PROPOSITION 109 RELATING TO TRANSPORTATION BONDS AND URGING THE CITIZENS OF FORT COLLINS TO VOTE “NO” ON THIS BALLOT ISSUE WHEREAS, Proposition 109 (formerly Initiative #167) is a proposed statute that will appear on the November 2018 general election ballot; and WHEREAS, Proposition 109 would require the state to raise $3.5 billion in bonds (without raising taxes or fees) with a maximum repayment cost of $5,200,000 over 20 years and all of the voter approved proceeds would be TABOR exempt and excluded form stat fiscal spending year limits; and WHEREAS, the bond proceeds would go solely to state road and bridge expansion, construction, maintenance, and repair on a specified list of over 60 projects in 15 specific transportation planning regions across the state; and WHEREAS, Proposition 109 would obligate the state to issue $3.5 billion in transportation bonds to fund new state transportation projects, which is a third of the amount identified by the Colorado Department of Transportation as needed to finance their current backlog; and WHEREAS, Proposition 109 does not identify how the state would finance the bond payments, leaving that responsibility up to the Colorado General Assembly, which could result in cuts to other existing state programs and services; and WHEREAS, Proposition 109 does nothing to address the infrastructure and maintenance funding shortfalls experienced at the municipal and county level across the state, including within the City; and WHEREAS, the City Council believes it is in the best interests of the City for the Council to oppose the Proposition 109 and encourage the City's registered electorate to vote "NO" on such measure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council opposes Proposition 109 and urges every registered voter to vote “NO” on Proposition 109 at the November 6, 2018, election. Packet Pg. 135 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 136 -1- RESOLUTION 2018-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL’S SUPPORT OF PROPOSITION 110, AUTHORIZING A 0.62 PERCENT STATE SALES TAX TO FUND TRANSPORTATION INFRASTRUCTURE, AND AUTHORIZING RELATED BONDS, AND URGING THE CITIZENS OF FORT COLLINS TO VOTE “YES” ON THIS BALLOT ISSUE WHEREAS, a modern, safe and efficient 21st century transportation system is essential to Colorado’s quality of life and the health of our economy; and WHEREAS, Colorado’s population has grown nearly 60 percent since 1991, while state transportation spending per driver, adjusted for inflation, has been cut in half over that same time period; and WHEREAS, increased demands on our roads and bridges have resulted in increased traffic congestion, lost worker productivity and deep frustration among local citizens; and WHEREAS, the Colorado Department of Transportation has identified $9 billion in much-needed projects that lack funding; and WHEREAS, there has been a significant lack of resources available to local communities to address traffic congestion, maintenance needs and safety concerns; and WHEREAS, the failure to maintain roads and bridges adequately costs Coloradans on average of $468 per driver due to damage and unnecessary wear-and-tear to vehicles; and WHEREAS, truly addressing Colorado’s transportation challenges requires a dedicated, sufficient and guaranteed stream of revenue; and WHEREAS, a bipartisan, coalition of local elected officials, business leaders, labor unions, environmentalists, transit groups, and community activists have joined together to ask voters to raise the state sales tax by .62 percent, or about six cents on a ten-dollar purchase, for transportation needs; and WHEREAS, this measure will raise $767 million in its first year and allow for bonding of $6 billion for state projects; and WHEREAS, 40% percent of the new revenue will go to county and municipal governments to address local transportation needs and 15% will go to multi-model transit; and WHEREAS, Colorado voters will be able to vote on this statewide transportation solution on the November 2018 ballot. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Packet Pg. 137 -2- FORT COLLINS that the City Council supports Proposition 110 and urges every registered voter to vote “YES” on Proposition 110 at the November 6, 2018, election. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 138 -1- RESOLUTION 2018-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL’S OPPOSITION FOR THE PASSAGE OF PROPOSITION 112 RELATING TO OIL AND GAS SETBACKS AND URGING THE CITIZENS OF FORT COLLINS TO VOTE “NO” ON THIS BALLOT ISSUE WHEREAS, Proposition 112 (formerly Initiative #97) is a proposed statute that will appear on the November 2018 general election ballot; and WHEREAS, Proposition 112 would require "new" oil and natural gas development (including a previously plugged or abandoned well that comes back online) not on federal land to be located at least 2,500 feet from an "occupied structure" or ''vulnerable area," with such terms defined as follows: "Occupied structure" is defined to mean any building intended for human occupancy, including homes, hospitals, and schools. "Vulnerable areas" is defined to mean playgrounds, permanent sports fields, amphitheaters, public parks, public open space, public and community drinking water sources, irrigation canals, reservoirs, lakes, rivers, perennial or intermittent streams, creeks, and any other such locations as may be designated by the state or a local government; and WHEREAS, the official fiscal note accompanying Proposition 112 anticipates reduced severance and other tax revenues accruing to both the state and to local governments in the future, and the oil and gas industry has released various reports indicating that this measure will significantly restrict production activity in Colorado; and WHEREAS, Proposition 112 would cause significant and unreasonable impacts to state and local governments and to the gas industry and would go farther than necessary for protection of the health, safety, and welfare of the citizens of the City; and WHEREAS, by precluding any distance limit less than 2,500 feet, Proposition 112 would restrict both local control and home rule, thereby limiting the City’s ability to negotiate agreements with producers in which a smaller "setback" might be offered in exchange for other land use, zoning and operational considerations, as an example; and WHEREAS, the City Council believes it is in the best interests of the City for the Council to oppose the Proposition 112 and encourage the City's registered electorate to vote "NO" on such measure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council opposes Proposition 112 and urges every registered voter to vote “NO” on Proposition 112 at the November 6, 2018, election. Packet Pg. 139 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 140 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 Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron 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. City Council Work Session October 16, 2018 After the Regular Council meeting, which begins at 6:00 PM x CALL TO ORDER. 1. Review of the 2019-20 Biennial Budget-Work Session #4. The purpose of this work session is to finalize guidance from City Council on the modifications to be made to the 2019-20 Biennial Budget prior to First Reading on November 6. This discussion is a continuation of the overall budget review and dialogue at the September 11, October 1 and October 9 Work Sessions. Two Public Hearings to gather input from the community about the 2019-20 Budget have also been completed. The Biennial Budget is aligned with the City’s 2018 Strategic Plan, the Council Priority Dashboard and community priorities. It was put together based on input from citizens, staff and the City’s executive leadership team. Through continued expanded community outreach, residents have had opportunities to provide input on the specific Offers (budget requests) under consideration. x OTHER BUSINESS. x ADJOURNMENT. DATE: STAFF: October 16, 2018 Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer Lawrence Pollack, Budget Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Review of the 2019-20 Biennial Budget-Work Session #4. EXECUTIVE SUMMARY The purpose of this work session is to finalize guidance from City Council on the modifications to be made to the 2019-20 Biennial Budget prior to First Reading on November 6. This discussion is a continuation of the overall budget review and dialogue at the September 11, October 1 and October 9 Work Sessions. Two Public Hearings to gather input from the community about the 2019-20 Budget have also been completed. The Biennial Budget is aligned with the City’s 2018 Strategic Plan, the Council Priority Dashboard and community priorities. It was put together based on input from citizens, staff and the City’s executive leadership team. Through continued expanded community outreach, residents have had opportunities to provide input on the specific Offers (budget requests) under consideration. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Are there any remaining clarifying questions or follow-up items that City Council has on the seven strategic Outcomes that have been reviewed? 2. What final changes does Council want incorporated into First Reading of the 2019-20 Biennial Budget? BACKGROUND / DISCUSSION The 2019-2020 Budget process began following the City Council Work Session on March 3, 2018 where the City’s 2018 Strategic Plan was reviewed and then later adopted. Since then, staff has done significant work which has led to the City Manager’s 2019-2020 Recommended Budget. To accomplish this the City again used a process called Budgeting for Outcomes (BFO) which is a form of priority-based budgeting that included the following major steps: x City staff developed about 480 Offers (budget requests) which were submitted to one of the City’s seven key Strategic Outcomes x One BFO Team per Outcome was created; each one was comprised of 7 staff members and 2 resident volunteers. The BFO teams reviewed Offers and negotiated with Sellers to improve their Offers. Ongoing Offers were given a significant level of scrutiny that included a financial comparison between budget cycles. BFO Teams evaluated and priority ranked all Offers using several inputs including: o Linkage to the City’s adopted 2018 Strategic Plan o Performance Measures o Community input o Organizational efficiencies and improvements x Significant public outreach was conducted to gather citizen feedback from a broad demographic of our community. During the first three-month phase of public engagement, staff held nine mobile booths at a 1 Packet Pg. 2 October 16, 2018 Page 2 dozen public events and meetings. In addition, there was extensive online and print marketing efforts gathering feedback via activities, educational materials and direct links to staff. The booths attracted a wide audience, and more than 300 people completed the activity. Education and transparency will continue throughout the next two months to help the community stay informed as Council reviews the City Manager’s Recommended Budget. A summary report is included as an attachment to this AIS. x The prioritized list of funding recommendations from the BFO Teams were then reviewed by the City Manager and the Budget Lead Team (BLT). The BLT deliberated using the same criteria as the BFO Teams, but they looked across all seven Outcomes to make adjustments, as necessary. x The City Manager finalized the Recommended Budget and submitted it to City Council on August 31, 2018 City Council Budget Meetings The City Council has held a series of work sessions previously in September and October to discuss the proposed 2019-2020 Biennial Budget. The completed work sessions have included staff presentations regarding specific Outcomes followed by an opportunity for questions and discussion. This final work session will include City Council discussion regarding overall priorities, policy issues and guidance on what changes Council wants included in 1st Reading of the 2019-20 Biennial Budget. Key dates for remaining City Council discussions and readings are as follows: Meeting Date Topic x October 16, 2018 Work Session (following the regular City Council meeting) x General Discussion - Final Council Direction x November 6, 2018 Regular Meeting x First Reading of the 2019-20 Biennial Budget and the 2019 Appropriation Ordinance x November 20, 2018 City Council Meeting x Second Reading of the 2019-20 Biennial Budget and the 2019 Appropriation Ordinance ATTACHMENTS 1. 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(.$ ? 6%@.5 :& & 6& .+.& ( .3 ATTACHMENT 4 12.4 Packet Pg. 131 Attachment: Proposition 112-CML position (7227 : Ballot Measures Amendment 74 and Propositions 109,110, and 112) RU _ I _FPO#FPORUJ ATTACHMENT 3 12.3 Packet Pg. 130 Attachment: CML Executive Board Weighs In On Important Transportation Initiatives (7227 : Ballot Measures Amendment 74 and Propositions ,ISDVVHGDOORIWKH QHZUHYHQXHZLOOJRWRIXQGWUDQVSRUWDWLRQDQGPDLQWHQDQFHSURMHFWVDFURVVWKHVWDWHZLWKDVLJQLILFDQWSRUWLRQJRLQJGLUHFWO\WR &RORUDGR¶VPXQLFLSDOLWLHV $OWKRXJKVRPHERDUGPHPEHUVZHUHKHVLWDQWWRUDLVHWKHVDOHVWD[DFULWLFDOVRXUFHRIUHYHQXHIRUPXQLFLSDOJRYHUQPHQWWKH QHHGIRUDFRPSUHKHQVLYHVWDWHZLGHVROXWLRQWKDWZRXOGVROYH&RORUDGR¶VORQJWHUPWUDQVSRUWDWLRQFKDOOHQJHVXOWLPDWHO\WRRN SUHFHGHQFH )RU&0/([HFXWLYH%RDUG0HPEHUDQG'HQYHU&RXQFLOPHPEHU.HQGUD%ODFNWKHGHFLVLRQUHDOO\FDPHGRZQWREDVLFDULWKPHWLF ³)RUWKHSDVWWKUHHGHFDGHVWKHFHQWJDVWD[KDVUHPDLQHGIODWZKLOHWKHUDWHRILQIODWLRQDQGFRQVWUXFWLRQFRVWVKDYH FRQWLQXHGWRLQFUHDVH7KHUHVXOWLVWKDWWKHVWDWHDQGORFDOJRYHUQPHQWVDUHUHFHLYLQJRQO\KDOIWKHWUDQVSRUWDWLRQGROODUVWKH\ RQFHGLG7KLVLVVLPSO\XQVXVWDLQDEOH´ 7KLVSDVWVSULQJ&0/FRQGXFWHGDVWDWHZLGHWUDQVSRUWDWLRQVXUYH\DVNLQJRXUPHPEHUPXQLFLSDOLWLHVWRRIIHUIHHGEDFNRQWKH FKDOOHQJHVWKH\KDYHH[SHULHQFHGDWWKHORFDOOHYHODQGWKHUHVXOWVFOHDUO\VXEVWDQWLDWH%ODFN¶VDVVHUWLRQ$PRQJWKHVXUYH\¶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acket Pg. 129 Attachment: CML Executive Board Weighs In On Important Transportation Initiatives (7227 : Ballot Measures Amendment 74 and Propositions ! "#$% &' ( ) ! * + %,, -+&., & (/ ,&$01( $ ! 2 %23$ ! / .& & ,04 & & &5 . 4 ..( / .& & ,04 & & &5 . . (20 4 ( ( $4 . & % ( &6)&#% 7 (.8 $ &+ 9 %,(:%& . &.;<2&,,& & 2 (.9& % &.& + #. .9& #&% 0 $ . ; 0 .<1,, ( $(.9 %,(2 1'7# (#$,%(( . &.$ , . (& +0 ,&& .< $(.9 %,(+ . ,,0 . ( (2&(+# .& $ . %$ & & $ ( & .$& &(,&. 3$ .& .$& &$ . & , & ++& . $ .. . < ' 9 * $ (=% , ( *% &$& ,- +%$ (%$ ( . 9&(% &$& , . & & . %$ %.%0 +& . 2.< &. 9 ( , & ( - +%$&(. .. % &$& ,& &. %+,0 , & . &2.&< 1 + .%0>.. ( . *-9 . 2, .$ & +++ ;2&,,& %. ,, (( % &$& , & . ( ; &,,& & % &$& , & $ (.& , ( < .%0.%, . &,,%. ( . 9&(( ( ((& & , . & % + , ( >., $ ,+ . &.$ 2, ; 2&,,& % (& +. ,,#& $( . ,,< / .& & ( . & + ((.. & . %$ % ( & $ % (& +. ,,.#& $( % &$& , ($ % 0,, $ .. . < )% 9&,/ .& & 9 %,( 2,&+ . &..%;<2&,,& & . & 2 (. % ( 9. . & 3$ . &.&. ,0 &( % &( & &(20 (( & $ &$% 2 $?, +< .& & ,. ( . &( & 0 9 . 9 %,( & $ 2 ( 0 .& .%9 .. , & + . .&2&,& 0% , ( @ ,1..2,0<& $ . &.$ . & % & ,,0:%&( 2 , $& .2%(+ $ 0 2 (.9 %,(,&?,02 % (( %+$% . #&. & +. + . (.&$.<* 0 . & , $% . .%$ .A (&+(%$ & % (& + . $ #(&. &2% & . ( +0& $ + .3%. 9 9 %,( (.& $ % &$& ,2%(+ . $ .. . <& $ 2 (.9&,,2 &(2 $? 0 . .&B (.$ .$% .9 %,( ,02$ $% & $..& 9 $$%(%& + &.& (< '$ %./ .& & ( . . 9&(. ,% & , ( >. . & $ ,, +. (+& .& $ ,, +.& 9&,,& & 2,0& . . 2%(+ , ( *% &$& ,- +%( . 9 / .& & < - +%&. % &B( ?$ . ( $ &2% & . & . %$ %. & &..% $ & &((.%$$ &2% & . # (( .$& , % ( & & (20 - +% .%$% ..<%$ $ &2% & .. ,, #$(& . %$ %. &, 2, - +%< - +%&. ,. % &B( ? # (& %. . & ( . %$.& +%, $ %. (.$ - +%>.9 ?& & +& .2.& ( .< ATTACHMENT 2 12.2 Packet Pg. 128 Attachment: Proposition 109-CML position (7227 : Ballot Measures Amendment 74 and Propositions 109,110, and 112) ! "#$% &' ( ) ! * "#$% & &$ ! + %+,$ ! - ( ./0 & & &1 2 - ( ./0 & & &1&2 $ 3 . 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acket Pg. 127 Attachment: Amendment 74-CML position (7227 : Ballot Measures Amendment 74 and Propositions 109,110, and 112) situation. If Amendment 74 were to pass, the impacts would likely be negative due to increased liability of the City for decisions that result in a decrease to “fair market value” of any property. Things like zoning regulations, oil and gas setbacks, and numerous other decisions would fall under this law and the exact impacts are difficult to predict. For Proposition 109 and Proposition 112, the impacts could be negative to the City given constraints to the state’s budget that would result from both initiatives. With 109, the $3.5 billion of bonds will need to be repaid with existing revenues. This could result in tightening of other areas of the state budget, including areas from which the City receives funding. The impacts to local government from 112 are likely to be more direct, given that if this proposal passes, the state is expected to see a reduction in severance and other tax revenues. Proposition 110 represents a potential increased revenue source to the City, as part of the 0.62% sales tax increase is guaranteed to local government through the existing Highway User Trust Fund (HUTF) local distribution formula. The anticipated impact for Fort Collins is expected to be an additional $5 million annually for use on transportation projects. 12 Packet Pg. 125 DQG.$7+/((10/$1(KHUHLQDIWHUUHIHUUHGWRDV³WKH (PSOR\HH´ :,71(66(7+ :+(5($6 WKH &LW\ DQG WKH (PSOR\HH KDYH SUHYLRXVO\ HQWHUHG LQWR WKDW FHUWDLQ $JUHHPHQWGDWHG-XO\ KHUHLQDIWHUUHIHUUHGWRDV³WKH$JUHHPHQW´ DQGKDYHDOVRHQWHUHG LQWRIRXUWHHQDGGHQGDWRWKH$JUHHPHQWGDWHG-XQH -DQXDU\ 'HFHPEHU -DQXDU\'HFHPEHU'HFHPEHU'HFHPEHU'HFHPEHU 'HFHPEHU'HFHPEHU'HFHPEHU'HFHPEHU'HFHPEHU DQG6HSWHPEHUUHVSHFWLYHO\ DQG :+(5($6 WKH&LW\DQGWKH(PSOR\HHKDYHDJUHHGXSRQDQHZWZR\HDUWHUPWRWKH $JUHHPHQWWKH\ZLVKWRVHWIRUWKLQWKLV)LIWHHQWK$GGHQGXPWRWKH$JUHHPHQW 12:7+(5()25(LQFRQVLGHUDWLRQRIWKHPXWXDOSURPLVHVDQGFRYHQDQWVFRQWDLQHG KHUHLQDQGRWKHUJRRGDQGYDOXDEOHFRQVLGHUDWLRQWKHUHFHLSWDQGDGHTXDF\RIZKLFKDUHKHUHE\ DFNQRZOHGJHGWKHSDUWLHVKHUHWRDJUHHWRDPHQGWKHWHUPVDQGFRQGLWLRQVRIWKH$JUHHPHQWDQG DGGHQGDDVIROORZV 7KDW6XEVHFWLRQ%RIWKH$JUHHPHQWLVKHUHE\DPHQGHGWRUHDGLQLWVHQWLUHW\DV IROORZV 7(50 %7KH(PSOR\HHDJUHHVWRUHPDLQLQWKHH[FOXVLYHHPSOR\RIWKH&LW\DV&KLHI-XGJH IURP-DQXDU\ XQWLO'HFHPEHUDQGQHLWKHUWRVHHNRUDFFHSWRWKHUHPSOR\PHQW QRU WR EHFRPH HPSOR\HG E\ DQ\ RWKHU HPSOR\HU XQWLO DIWHU VDLG WHUPLQDWLRQ GDWH XQOHVV WKH HPSOR\PHQWRIWKH(PSOR\HHLVWHUPLQDWHGHDUOLHUDVKHUHLQSURYLGHG 7KDW H[FHSW DV H[SUHVVO\ DPHQGHG E\ WKLV )LIWHHQWK $GGHQGXP DQG WKH SUHYLRXV IRXUWHHQ $GGHQGD DOO RWKHU WHUPV DQG FRQGLWLRQV RI WKH $JUHHPHQW VKDOO UHPDLQ XQFKDQJHGDQGLQIXOOIRUFHDQGHIIHFW EXHIBIT A 1 Packet Pg. 119 Attachment: Exhibit A (7222 : Council-Appointed Evaluation Process - JUDGE RESO) Parcels Buildings City Zoning ZONE Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Public Open Lands (POL) Low Density Residential (RL) Transition (T) © 0500 250 Feet 8.3 Packet Pg. 100 Attachment: Zoning Map (7215 : Sanctuary on the Green Annexation Zoning) Parcels Buildings City Zoning ZONE Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Public Open Lands (POL) Low Density Residential (RL) Transition (T) © 0500 250 Feet ATTACHMENT 6 7.6 Packet Pg. 87 Attachment: Zoning Map (7214 : Sanctuary on the Green Annexation) &2856(6 1257+ :(67$',67$1&(2))((7 6287+ :(67$',67$1&(2))((7 1257+ :(67$',67$1&(2) )((7 1257+ :(67$',67$1&(2))((7 1257+ ($67$',67$1&(2))((7 1257+ ($67$',67$1&(2))((7 1257+ ($67$',67$1&(2))((7 1257+ ($67$',67$1&(2) )((7 1257+ ($67$',67$1&(2) )((7 1257+ ($67$',67$1&(2))((7 1257+ :(67$',67$1&(2))((7 1257+ :(67$',67$1&(2))((7 1257+ :(67$',67$1&(2) )((7 1257+ :(67$',67$1&(2))((7 1257+ :(67$',67$1&(2))((7 1257+ :(67$',67$1&(2))((772$32,17217+(1257+/,1( 2)6$,'6287+($6748$57(52)7+(1257+($6748$57(52)6(&7,21 6287+ ($67$/21*6$,'1257+/,1($',67$1&(2))((772$ 32,17216$,':(67(5/<5,*+72):$<2)1257+7$)7+,//52$' 7+(1&(&217,18,1*6287+ ($67$',67$1&(2))((7727+(32,172) %(*,11,1* &217$,1,1*$1$5($2) $&5(6 648$5()((7 025(25/(66 ATTACHMENT 5 7.5 Packet Pg. 81 Attachment: Annexation Petition (7214 : Sanctuary on the Green Annexation) &2856(6 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