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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 11/06/2018 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado 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 November 6, 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 5:30 p.m. A. Proclamation Declaring the Week of November 10-18, 2018 as National Hunger and Homeless Week. B. Proclamation Declaring the Month of November as Native American Awareness Month. C. Proclamation Declaring the Month of the November 2018 as Movember. City of Fort Collins Page 2 Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  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.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  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 October 2 and October 16, 2018 Regular Council Meetings and the October 9, 2018 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the October 2 and October 16, 2018 Regular Council meetings and the October 9, 2018 Adjourned Council meeting. 2. Second 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 District. This Ordinance, unanimously adopted on First Reading on October 16, 2018 establishes 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. There are some minor changes between First and Second Reading, the most significant of which is the inclusion of an abandonment provision that automatically deems an entertainment district abandoned if there is no certified promotional association for a twelve-month period. 3. Second Reading of Ordinance No. 126, 2018, Annexing the Property Known as the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on October 16, 2018 annexes 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. 4. Second 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. This Ordinance, unanimously adopted on First Reading on October 16, 2018, zones 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. City of Fort Collins Page 4 5. First Reading of Ordinance No. 127, 2018, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2019 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2019. The purpose of this item is to set the Downtown Development Authority ("DDA") Budget. The following amounts will be appropriated: DDA Public/Private Investments & Programs $3,470,849 DDA Operations & Maintenance $ 809,787 Revolving Line of Credit Draws $4,000,000 DDA Debt Service Fund $6,225,522 The Ordinance sets the 2019 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for 2019. 6. First Reading of Ordinance No. 136, 2018, Adopting the 2019 Budget and Appropriating the Fort Collins Share of the 2019 Fiscal Year Operating and Capital Funds for the Northern Colorado Regional Airport. The purpose of this item is to adopt the 2019 budget for the Northern Colorado Regional Airport and appropriate Fort Collins’ share of the 2019 fiscal year operating and capital funds for the Airport. 7. First Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for Climate Action Efforts. The purpose of this item is to appropriate $5,000 in grant revenues from the Urban Sustainability Directors Network (“USDN”) Innovation Fund Technical Assistance Mini-Grant Program into the General Fund for the purpose of working with three other U.S. cities to develop a full grant application to the USDN Innovation Fund. The full grant application will develop a framework for cities to develop climate action plans and other planning efforts by systematically addressing mitigation, resilience, and equity within a single planning process. The technical assistance mini-grant, covered by this Ordinance, will convene the four total cities in November 2018 to develop the full proposal. This project will leverage and align with the City’s effort to update the Climate Action Plan and Energy Policy in 2019 and 2020 (Budget Offer 43.12). 8. First Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining to Trash and Recycling Enclosures for New Development. The purpose of this item is to adopt an updated section of the Land Use Code that pertains to trash and recycling to implement current techniques and practices. This section was part of the annual update package that was approved by City Council on June 5, 2018, but was removed for further refinement and outreach. 9. First Reading of Ordinance No. 130, 2018, Amending Chapter 23 of the Code of the City of Fort Collins Regarding Parks, Trails, Recreation, and Natural Areas. The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect the current practices and procedures of the Natural Areas and Parks Departments. Various provisions are covered in these changes including permit processes, slacklining, structures, and updating definitions to reflect the City’s current organizational chart. City of Fort Collins Page 5 10. First Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of Fort Collins Regarding Abatement of Nuisances. The purpose of this item is to clarify a possible ambiguity under the current Code. Section 20-44 will be amended to clarify that the notification requirements of that section apply only to the abatement of nuisance properties. Without the change, the current Code could be interpreted to mean Code Enforcement Officers must provide a violation notice before issuing a citation and before abating a property. This change will clarify that providing notice to property owners applies only to abatement, and not to the issuing of citations. 11. Public Hearing and First Reading of Ordinance No. 132, 2018, Deciding Whether to Approve the Addition of a Permitted Use for 200 East Swallow to Allow Professional Office as a Use, APU 180001. The purpose of this item is to consider the recommendation of the Planning and Zoning Board to approve, with conditions, the request for an Addition of Permitted Use (APU) for a Professional Office at 200 East Swallow Road, located in the Low Density Residential (R-L) zone district, and being made in conjunction with Minor Amendment MA180050. The APU would allow 100% of the house to be used for a professional office versus 50% which is allowed under the Home Occupation License. Approval of this item as part of the consent agenda represents approval of the requested APU pursuant by ordinance. If this item is pulled from the consent agenda and Council votes to deny the APU, staff will present an ordinance to deny the APU at the next regular Council meeting. 12. Resolution 2018-105 Authorizing the City Manager to Execute an Agreement with the City of Greeley and the Water Supply and Storage Company Regarding a Dam Breach Flood Inundation Mapping Study. The purpose of this item is to receive authorization for the City Manager to execute an agreement with the City of Greeley (“Greeley”) and the Water Supply and Storage Company (“WSSC”) to perform a dam breach inundation mapping study for several reservoirs in the upper Cache la Poudre River basin, including two owned by the City of Fort Collins. Fort Collins is collaborating with Greeley and WSSC to perform this State-required mapping on a total of ten reservoirs in the upper Cache la Poudre River basin. A consultant has been selected who will contract directly with Greeley, while Fort Collins and WSSC will be invoiced by Greeley for the portions of the work that affect their respective reservoirs. Fort Collins is saving considerable funds by collaborating with Greeley and WSSC to perform modelling and mapping on ten reservoirs versus modelling each reservoir individually. Each entity is also saving costs by applying for a grant from the State of Colorado that covers 50% of the costs of the project. 13. Resolution 2018-106 Submitting the College and Drake Existing Conditions Study and Urban Renewal Plan to the City's Planning and Zoning Board, the Larimer County Board of Commissioners and the Poudre School District, and Further Directing that the Urban Renewal Impact Study be Submitted to the Larimer County Board of Commissioners When Completed. The purpose of this item is for City Council to consider a resolution submitting the College and Drake Urban Renewal Plan (URP) to the Planning and Zoning Board (P&Z), the Larimer County Board of Commissioners, and the Poudre School District, for their review as required by Colorado's Urban Renewal Law. By statute, P&Z must evaluate all proposed urban renewal plans for conformance with the City's Comprehensive Plan. P&Z is scheduled to review the proposed College and Drake URP on November 15, 2018. 14. Resolution 2018-107 Supporting the Grant Application for the Planning Grant from the State Board of Great Outdoors Colorado for the Parks and Recreation Master Plan. The purpose of this item is to request City Council support to pursue the 2018 Great Outdoors Colorado (“GOCO”) Planning Grant. If awarded, the funding will be used for community outreach efforts for the Parks and Recreation Master Plan update. GOCO requires a resolution of City Council support be submitted as part of the grant application package. City of Fort Collins Page 6 END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 15. Items Relating to 2019 Utility Rates for Electric and Stormwater Rates, Fees and Charges. (staff: Randy Reuscher, Lance Smith; 10 minute presentation; 60 minute discussion) A. First Reading of Ordinance No. 134, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rate, Fees and Charges. B. First Reading of Ordinance No. 135, 2018 Amending Chapter 26 of the Code of the City of Fort Collins to Revise Stormwater Rates, Fees and Charges. The purpose of this item is for Council to consider adjusting monthly charges for electric and storm water services in 2019. The revenue requirements to support the 2019 budget will require increasing monthly charges for electric service by 5.0% and stormwater service by 2.0%. Staff recommends no changes to water and wastewater utility rates. City of Fort Collins Page 7 16. First Reading of Ordinance No. 133, 2018, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2019; Adopting the Budget for the Fiscal Years beginning January 1, 2019, and Ending December 31, 2020; and Fixing the Mill Levy for the Fiscal Year 2019. (staff: Darin Atteberry, Mike Beckstead, Lawrence Pollack; 15 minute presentation; 60 minute discussion) The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance sets the City Budget for the two-year period (2019-20) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $634,271,160 to be appropriated for fiscal year 2019. However, this appropriated amount does not include what is being appropriated by separate Council/Board of Director actions to adopt the 2019 budget for the General Improvement District (GID) No. 1 of $167,000, the 2019 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA) 2019 budget of $5,867,677 and the Downtown Development Authority 2019 budget of $14,506,158. This results in City-related total operating appropriations of $654,812,995 in 2019. This Ordinance also sets the 2019 City mill levy at 9.797 mills, unchanged since 1991.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Council will consider a motion to designate a temporary presiding officer for the November 13 Work Session.  ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the week before Thanksgiving is recognized as National Hunger and Homelessness Awareness Week, and observed in Fort Collins to bring awareness of these nationally recognized humanitarian issues to the attention of the Fort Collins community; and WHEREAS, Fort Collins is committed to raising awareness to combat hunger and homelessness in every part of our city and to provide additional resources that citizens need; and WHEREAS, organizations like Catholic Charities Northern, Fort Collins Rescue Mission, Faith Family Hospitality, Homeless Gear, Homeward 2020, Neighbor to Neighbor, Outreach Fort Collins, Salvation Army, the Sister Mary Alice Murphy Center for Hope, the Food Bank for Larimer County and SummitStone Health Partners are working together to lower the homelessness and food insecurity rate in Fort Collins and lessen the impact of these issues on both those experiencing them and those who are indirectly affected; and WHEREAS, Fort Collins and local organizations acknowledge there are many different reasons people are homeless such as economic issues, mental health and addiction, and rent hikes, that can make it difficult to secure stable housing; and WHEREAS, the Food Bank for Larimer County distributed food for more than 7.57 million meals in 2018 through its network of food pantries, partner agencies, Kids Cafe sites, and other community organizations; and WHEREAS, last year the Fort Collins Rescue Mission provided 311,372 nights of shelter to those in need, and continues to provide assistance through services such as food boxes, clothing, furniture and transportation assistance, ensuring our fellow citizens receive essential support. NOW, THERFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of November 10-18, 2018 as HUNGER AND HOMELESSNESS AWARENESS WEEK and call this observance to the attention of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: ______________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples: and WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity, and greatness of America today; and WHEREAS, their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States; and WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month; and WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activities have been planned; and WHEREAS, in honor of National American Indian Heritage Month we remember the rich culture that has been part of the Fort Collins and Northern Colorado area NOW, THEREFORE I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of November 2018 as NATIVE AMERICAN AWARENESS MONTH in the city of Fort Collins and urge all our citizens to observe this month with appropriate programs, ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the global charity Movember Foundation’s vision is to have an everlasting impact on the face of men’s health; and WHEREAS, the Movember community of over 5 million men and women has raised over $769 million, funding over 1200 programs in 21 countries - this work is saving and improving the lives of men affected by prostate cancer, testicular cancer and mental health problems; and WHEREAS, 1 in 7 men will be diagnosed with prostate cancer in his lifetime and treatment options for prostate cancer vary depending on a man’s age, stage and grade of his cancer, as well as his other existing medical conditions; and WHEREAS, testicular cancer is the most common cancer in males between the ages of 15 and 34: and WHEREAS, 1 in 4 adults in the U.S. will experience a mental health problem in any given year and 87 men in the U.S. die by suicide every day; and WHEREAS, “MOVING” can reduce your risk of heart disease, diabetes, and cancer by up to 50% and lower your risk of early death by up to 30%; and WHEREAS, Fort Collins joins communities across our nation to challenge men to grow and women to support a moustache or to make a commitment to get active and MOVE, both of which spark conversations and raise vital funds and awareness for men’s health. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby designate November 2018 as the MONTH OF MOVEMBER and urge all members of our community to join in recognizing this significant occasion and join the movement to change the face of men’s health. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the October 2 and October 16, 2018 Regular Council Meetings and the October 9, 2018 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the October 2 and October 16, 2018 Regular Council meetings and the October 9, 2018 Adjourned Council meeting. ATTACHMENTS 1. October 2, 2018 (PDF) 2. October 9, 2018 (PDF) 3. October 16, 2018 (PDF) 1 Packet Pg. 11 City of Fort Collins Page 373 October 2, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak (Councilmember Horak arrived at 6:40 p.m.) Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. • PUBLIC COMMENT Mary Kopco, Fort Collins Symphony Executive Director, announced the upcoming Symphony season and thanked the City for its support. Wes Kenny, Fort Collins Symphony Music Director, discussed the upcoming Symphony season. Peter Summer played a saxophone piece from the upcoming Symphony concert. Chris Renn, Fraternal Order of Police, discussed the process that led to the Police Services contract and thanked Council for its commitment to making the contract fair. Fred Kirsch, Community for Sustainable Energy, expressed concern about responses received from Council, or lack thereof. Elizabeth Hudetz supported Proposition 112 and stated school funding is not dependent on oil and gas development. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Martinez stated he did not recall receiving any communication as referenced by Mr. Kirsch and would like follow-up. He thanked Mr. Renn for his comments and commended staff for work on reaching the collective bargaining agreement. Councilmember Stephens thanked the Symphony representatives and commended Mr. Renn on his leadership. Councilmember Overbeck commended the joint efforts on reaching the collective bargaining agreement with the Fraternal Order of Police. 1.1 Packet Pg. 12 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 374 • CONSENT CALENDAR Mayor Troxell noted Item Nos. 7, Items Relating to Hughes Stadium Annexation, and 8, First 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, are public hearings. Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt and approve all items on the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [6 TO 0] MOVER: Kristin Stephens, District 4 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff AWAY: Horak 1. Consideration and Approval of the Minutes of the September 4, 2018 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the September 4, 2018 Regular Council meeting. 2. Second 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) This Ordinance, unanimously adopted on First Reading on September 18, 2018, appropriates 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. 3. Second 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. This Ordinance, unanimously adopted on First Reading on September 18, 2018, designates the Trimble/Taylor/Dixon Property, 817 West Mountain Avenue, as a Fort Collins Landmark. This is a voluntary designation at the property owner’s request. 4. Second 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. This Ordinance, unanimously adopted on First Reading on September 18, 2018, designates the Evans/Reidhead Property, 707 West Mountain Avenue, as a Fort Collins Landmark. This is a voluntary designation at the property owner’s request. 1.1 Packet Pg. 13 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 375 5. First Reading of Ordinance No. 121, 2018, Appropriating Unanticipated Revenue and Prior Year Reserves in Various City Funds. (Adopted) The purpose of this item is to combine 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. 6. 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. (Adopted) The purpose of this item is to 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. 7. Items Relating to Hughes Stadium Annexation. (Adopted) 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. 8. First 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 (Adopted) 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. 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. 9. Resolution 2018-095 of the Council of the City of Fort Collins Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police. (Adopted) The purpose of this item is to approve a bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2019, 2020, and 2021. City staff and the FOP have tentatively reached an agreement. On September 21, Fraternal Order of Police members voted to ratify the proposed contract with 89% of the members voting, and of those, 98% voted in support. • COUNCILMEMBER REPORTS Mayor Troxell stated City Manager Atteberry has received the International City Managers' Association career excellence award and thanked him for his service to the community. 1.1 Packet Pg. 14 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 376 Councilmember Martinez reported on the grand opening of the Compass Community Collaborative School. • DISCUSSION ITEMS 10. Public Hearing on the 2019-2020 Recommended Biennial Budget for the City of Fort Collins. (Hearing was Held) This is the second 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. Public input will also be taken during the budget adoption meetings on Tuesday, November 6 and Tuesday, November 20, 2018 at 6:00 p.m. in the Council Chambers. The City Manager’s 2019-2020 Recommended Budget can be reviewed at the Old Town Library, the Harmony Library, Council Tree Library, or the City Clerk’s Office. The recommended budget can also be viewed online at www.fcgov.com/budget. City Manager Atteberry discussed the community engagement process on the budget and commended the staff team and budget teams on their work. Bruce Henderson, Bike Fort Collins, supported the equity and inclusion budget offer that would provide a framework for management of equity in the city. He also supported the offer to complete the Power Line trail and provide a grade-separated crossing at Harmony. Heather Vesgaard, Partners Mentoring Youth, supported additional investment in social health. Mark Brewer, Bike Fort Collins, supported the budget offer for the grade-separated trail crossing at Harmony. Jerri Schmitz, Mathews House, requested full funding for budget offer 42.3. Jessica Linder thanked the Mathews House for their assistance to make her family self-supporting and supported full funding of budget offer 42.3. Cari Brown, ARC of Larimer County, requested full funding for bus stop improvements or other offers that would increase accessibility for people with disabilities using public transportation. Lisa Poppaw, Crossroads Safehouse Executive Director, requested full funding for budget offer 42.3 to help non-profits address human services needs in Fort Collins. Shanna Ryken, Women's Commission, requested full funding for the human service program grant funding enhancement, offer 42.3. Gordon Coombes, Team Wellness and Prevention, supported full funding for the human service program grant funding enhancement, offer 42.3. Mark Rogers supported full funding for human service programs and stated the city's most vulnerable citizens deserve to be the priority. Kyle Schrader expressed support for youth development and social health. 1.1 Packet Pg. 15 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 377 Kaycee Headrick, Boys and Girls Club Executive Director, supported full funding for budget offer 42.3. Matthew Ryken and his daughter requested funding for the Hampshire low-stress bikeway. Steve Raimer, Fort Collins Mennonite Fellowship Pastor, supported funding for vulnerable citizens, including Murphy Center extended hours. Carol Cochran supported funding for the Visit Fort Collins tourism master plan. Ryann Vernetson, Specialized Alternatives for Families and Youth, supported full funding of offer 42.3. Emily Gorgol expressed concern about the lack of funds donated to livability and social health. Mike Shaw, Fort Collins Cycling Club, supported funding the completion of the Power Trail and Harmony crossing. Joe Somodi supported funding of social health programs. Eric Sutherland stated Larimer County's budget is growing and the County has the resources to engage in funding many of the programs discussed this evening. He noted the County does not have public budget hearings. The City has no methodology of entertaining legislative proposals that would shift money from one place to another in the budget. Liz Donovan, La Familia, encouraged Council to closely examine the budget and compare it to the community's priorities to ensure its potential is maximized for all residents. Jerry Horvath supported full funding of offer 42.3. Gary Ozzello supported the Visit Fort Collins budget offer for a tourism master plan. Nicholas Hoogendyk supported full funding of offer 42.3 and 43.5. Kevin Cross, Fort Collins Sustainability Group, supported the budget's inclusion of Climate Action Plan goals but supported the additional electric rate increase to fund several other offers that will help reach the 2020 goals. Katherine Brooks, BASE Camp, supported full funding of offer 42.3. Gerry Vermont supported funding extended Murphy Center hours and encouraged Council to look carefully at social service funding. Shirley Kanan, Fort Collins Community Action Network, supported funding extended Murphy Center hours. Cheryl Distaso, Fort Collins Community Action Network, congratulated the City on the success of 365-day Transfort service and supported funding of offers 45.6 and 45.8. She also supported funding for Dial-a-Taxi and bus stop improvements. Fred Kirsch suggested reorganizing the budget in a more sensible manner. 1.1 Packet Pg. 16 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 378 Mayor Troxell thanked the speakers and summarized the comments. Councilmember Stephens thanked the speakers and non-profit representatives. She stated the budget should reflect the community's values. Councilmember Cunniff thanked the speakers and requested a detailed examination of General Fund offers. City Manager Atteberry replied he would provide that information. Councilmember Cunniff requested information about the level of engagement with the County regarding budgets and social outcomes. Mayor Pro Tem Horak suggested having a meeting with the County Commissioners after the November election. He noted the County has the responsibility for social services. Councilmember Summers suggested revisiting budget offer 42.3. Councilmember Overbeck thanked the speakers and noted the importance of social health. Mayor Troxell noted 365-day bus service is a funded item. Councilmember Martinez thanked the speakers and noted the budget is complex. He expressed personal support for social health budget priorities. Mayor Troxell commended staff work on the budget. Mayor Pro Tem Horak discussed possible additional funding options. 11. Resolution 2018-093 Directing the City Manager to Submit to the U.S. Army Corps of Engineers the City's Comments on the Final Environmental Impact Statement for the Northern Integrated Supply Project. (Adopted) The purpose of this item is to review, and to consider endorsing by resolution, draft comments directed to the United States Army Corps of Engineers (Corps) regarding the Final Environmental Impact Statement (FEIS) for the Northern Integrated Supply Project (NISP or Project). Pursuant to previous City Council direction, the draft comments take a pragmatic approach of focusing on NISP proposed alternative (which includes Glade Reservoir west of Fort Collins), direct impacts to the City, and ways to improve mitigation of the Project’s impacts. Carol Webb, Water Resources Treatment Operations Manager, noted the City does not have permitting or approval authority over the project. Jennifer Shanahan, Watershed Planner, stated NISP is a water storage and delivery project aiming to serve 15 participating entities. The project would include two reservoirs, Glade near the mouth of the Poudre River, and Galeton, near Ault. Shanahan detailed the system NISP will be affecting, noting the Poudre River has been altered by human impacts over the last 150 years. The River's resilience is best maximized in average water years and stated staff is concerned NISP may cause a natural downsizing of the River channel. Staff believes the City has had a positive impact on the project citing two flow-based mitigation components. 1.1 Packet Pg. 17 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 379 Shanahan stated the physical template of the River will be affected by NISP in a very direct way and discussed the City's recommendations based on the final environmental impact statement. The highest priority recommendations include a peak flow bypass in all years, particularly those following drought years, a better understanding of the impacts to the descending limb of the hydrograph and mitigation of that, extensive restoration of the river to reconnect it with its floodplain to offset flood risk, more detail on adaptive management and water quality, and additional clarity on the operations and hydrologic outcome of the project. Shanahan discussed various Boards’ input on the project and noted major themes from their comments included climate change, specificity on adaptive management and potential costs the City could incur, and concern about concessions and conditions related to the mitigation plan. Elizabeth Hudetz asked who is behind the Army Corps study and suggested the City could require future development to xeriscape. She questioned why oil and gas companies can buy water for fracking at a much cheaper rate than citizens. Mayor Troxell stated Northern Water is the applicant for the project. Councilmember Cunniff stated the impacts of NISP on the Poudre River are extreme and discussed the unique habitat provided in the land proposed to be flooded by Glade Reservoir. He asked if any progress on habitat mitigation has been made. Shanahan replied the City did include that topic in its scope during last summer's state mitigation planning process and made a recommendation that additional conservation occur between Glade and Seaman Reservoirs. That mitigation is included in the Parks and Wildlife mitigation plan. Councilmember Stephens requested clarification regarding Ms. Hudetz' questions. Webb replied Northern Water is the applicant on behalf of the 15 entities mentioned and the Army Corps is the permitting agency that would issue the 404 permit for the project. The consultants that work on the project work for the Corps. Councilmember Overbeck asked about the massive fish kill in the Poudre River last month. Webb replied Colorado Parks and Wildlife has been investigating the issue and Fort Collins Water Utility has provided data to assist in the investigation. Councilmember Overbeck asked about next steps in the process. Shanahan replied the Corps will take the comments and make a record of decision. The project also has to acquire a 401 certification, which is a water quality certification that will also include a public process. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2018-093. Councilmember Cunniff supported sending the comments regarding the FEIS to the Corps and encouraged citizens to comment as well. He suggested wording changes that would incorporate the intent of some of the other mitigations not addressed by the FEIS. Mayor Pro Tem Horak and Councilmember Stephens accepted the wording changes as a friendly amendment. Mayor Pro Tem Horak commended staff work on producing the comments and noted mitigation will help to make the consequences of the project less impactful. He noted Northern Water provides water to some residents of Fort Collins. 1.1 Packet Pg. 18 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 380 Councilmember Stephens thanked staff for their work and stated it is important to forward the comments in the interest of protecting the Poudre River. Mayor Troxell thanked staff for their work and expressed support for the Resolution. Councilmember Overbeck stated he would have liked the peak flows to be higher but stated he would support the Resolution. Councilmember Martinez commended staff work. Councilmember Cunniff commented on protecting the river. RESULT: RESOLUTION 2018-093 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 12. Resolution 2018-094 of the Council of the City of Fort Collins Establishing a Communitywide 100% Renewable Electricity Goal. (Adopted as Amended) The purpose of this item is to consider establishing a communitywide goal to achieve a 100% renewable electricity supply from Platte River Power Authority (“Platte River”) and supported by the Fort Collins Utilities (“Fort Collins”) distribution system by 2030. At its July 3, 2018 meeting, Council directed staff to bring forward this Resolution after engaging the community in the dialogue about assumptions that must be met in order to achieve the goal. Notably, this Resolution was developed in collaboration with Platte River and stresses the importance of continuing to balance the three operational principles of financial sustainability, reliability and environmental stewardship for Fort Collins, Platte River, and the community while moving toward a cleaner electricity resource mix. Deputy City Manager Mihelich stated Council gave staff direction to prepare a 100% renewable electricity resolution for its consideration. He discussed the intensive public input and noted Platte River Power Authority was involved in the development of the resolution. Tim McCollough, Light and Power Director, discussed the importance of reliability and affordability and noted those are areas in which both the City and Platte River are not willing to compromise. Lindsay Ex, Interim Director, Environmental Services, stated there was universal support for resource diversification and bringing more clean energy sources into the grid. Questions were raised as to whether a goal or plan should come first, however. Stakeholders also wanted to know about the cost of implementation, how reliability will be implemented, and about the feasibility of the goal. Ex stated there would be planned annual check-ins if the goal is to be adopted and noted the proposed updates to the Climate Action Plan and energy policy would be aligned with these efforts. Nick Francis, Fort Collins Sustainability Group Steering Committee, discussed the Fort Collins Partners for Clean Energy Coalition and stated the resolution was presented to Council with over 2,500 signatures of support in May. 1.1 Packet Pg. 19 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 381 Ann Hutchison, Fort Collins Chamber of Commerce Executive Vice President, stated she appreciates the leadership and vision that inspired the resolution, but encouraged Council to not take action on it as there is not enough data available to make the decision. Nick Mitchell, Energy Board Chair, admitted the Board has concerns about viability and affordability; however, he commended the plan and stated it is unanimously supported by the Energy Board. Adam Eggleston stated he does not believe the technology exists to meet the arbitrary 2030 goal and expressed concern it will be cost prohibitive for residents. Nick Thomas supported the resolution. Tom Hoehn, Transition Fort Collins, supported the resolution and stated it was constructed in a thoughtful way and has been thoroughly reviewed. Jesse Wallsh supported the resolution. John Shenot supported the resolution and stated the threat of climate change is real and imminent. He encouraged Council to consider the resolution in every budget decision it makes. Gordon MacAlpine supported the resolution. Kevin Henry, Fort Collins Sustainability Group, supported the resolution and requested Council consider one revision relating to the definition of renewable electricity as being non-fossil fuel sources including electricity derived from wind, solar, hydroelectricity from existing dam impoundments, biogas, geothermal sources, and other means that may become available that do not add greenhouse gases. Kim Miller supported the resolution as being the best way to mitigate climate change for future generations. Tom Rhodes supported the resolution with the revision mentioned by Mr. Henry. Fred Kirsch supported the resolution. Pete Everly, Northern Colorado Renewable Energy Society, commended staff work and supported the resolution. John Drigot requested Council delay a decision until after holding a work session, but if the goal is adopted, he requested it be reasonable and measurable. Maggie (no last name given) supported the resolution. Tim Gosar, 350 Northern Colorado, supported the resolution. Rich Stave questioned the integration plan and reliability. Emily Gideon, Colorado Sierra Club, supported the resolution. Will Walters supported the resolution and noted there are many small businesses who are not 1.1 Packet Pg. 20 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 382 represented by the Chamber's comments. Liz Kekovy stated climate change is the biggest threat to the next generation and supported the resolution. She noted there are large financial costs to climate change. David May, Fort Collins Chamber of Commerce President and CEO, stated the Chamber supports expanding renewables, it does not support the resolution as written and stated it is not ready for action. Councilmember Summers requested staff input as to the origin of the 2030 timeframe. Deputy City Manager Mihelich replied that was the year suggested by community members as being a good target. While staff feels that goal is possible, it has included some very specific check-ins between now and then to ensure the goal is potentially attainable. Councilmember Summers requested staff input as to the triple bottom line analysis. Ex replied the analysis showed neutral responses from the social perspective but staff feels there are strong potential impacts for innovation, work force development, and climate economy aspects, which is why the economic perspective was shown as being positive. Councilmember Summers asked why portion of Fort Collins' purchase portfolio from PRPA is renewable. McCollough replied 15% was from wind and solar resources in 2017. Councilmember Summers asked if there would be harm in waiting until 2020 to pass this resolution. Deputy City Manager Mihelich replied that is the policy decision before Council in this decision. He stated there is plenty of recommendation in the Climate Action Plan to support the use of more renewables. Councilmember Martinez noted other communities have different time goals. He questioned how attainable and measurable the 2030 goal is for Fort Collins. Deputy City Manager Mihelich replied there are annual goals built in to the resolution. Councilmember Martinez asked if a work session has occurred on this topic. Deputy City Manager Mihelich replied in the negative. Councilmember Martinez asked about the cost of meeting the goal. Deputy City Manager Mihelich replied that exact detail is unknown and noted added costs may be offset by savings and efficiencies over time. Councilmember Martinez noted the expense to individual homeowners to switch systems may be high. Mayor Troxell requested staff explain the Fort Zed project. McCollough replied that project was a demonstration of a distributed microgrid. It relates to this resolution because a renewable energy future requires a much larger integration to monitor, manage, and control distributed resources. Mayor Troxell asked if the relationship with PRPA and other partner cities is more important than ever to achieve a goal such as this. McCollough replied in the affirmative. Mayor Troxell stated he is comfortable with the overall framework of the resolution. 1.1 Packet Pg. 21 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 383 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-094. Councilmember Cunniff stated this is an achievable goal and noted this directs staff to work with PRPA to create the plan to get there. He noted this addresses renewable electricity only, not natural gas or gasoline. He stated the 2030 goal is attainable and expressed support for the resolution. Councilmember Martinez asked if the term "gradual changing rates" references consumers. Deputy City Manager Mihelich replied in the affirmative but noted staff does not expect rate spikes but rather smoothed out rate increases over time. Councilmember Martinez requested the language be changed from "financial stability" to "affordability." Mayor Pro Tem Horak and Councilmember Cunniff accepted the language change. Councilmember Martinez requested the language be changed from a "high-level" analysis to a "significant" analysis. Mayor Pro Tem Horak and Councilmember Cunniff accepted the language change. Deputy City Manager Mihelich detailed the annual check-ins as opportunities to look at the resolution, the tenets described in the resolution, whether goals are being met to get to the 2030 goal, and whether the commitments to reliability and affordability remain. Council would have the opportunity to make adjustments at each of those reviews. Councilmember Martinez requested the inclusion of the word "community" in addition to the City. Mayor Pro Tem Horak and Councilmember Cunniff accepted the language change. Councilmember Martinez requested an additional language change to include the word "analytical" examination. Mayor Pro Tem Horak and Councilmember Cunniff accepted the language change. Councilmember Martinez questioned why this item was not discussed at a work session. Mayor Pro Tem Horak replied the Climate Action Plan has been discussed at many work sessions and noted major decisions will likely require future work sessions. Councilmember Martinez asked if Council would support postponing the item to allow for a work session. Councilmember Cunniff replied he would not be supportive of that. Councilmember Stephens replied she would have seen the value in a work session, particularly given concerns; however, this meeting has served that capacity to some extent. Mayor Troxell stated a broader discussion regarding the role of a distribution utility and systems perspective should occur. Councilmember Stephens urged staff to use understandable language for those with differing levels of scientific understanding. Councilmember Martinez urged moving forward cautiously. Councilmember Overbeck commended the process and complemented the work of the community groups. 1.1 Packet Pg. 22 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 384 Mayor Troxell discussed the 1969 Council action to underground the City's electric system noting that was a risk at the time. He stated this goal will be addressed with a passionate community. Councilmember Martinez stated he will cautiously support the motion and encouraged staff to address business concerns over time. City Attorney Daggett clarified the wording changes which were accepted by Mayor Pro Tem Horak and Councilmember Cunniff. Mayor Troxell expressed appreciation for the demeanor of the conversation. RESULT: RESOLUTION 2018-094 ADOPTED AS AMENDED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak NAYS: Summers • OTHER BUSINESS Councilmember Martinez requested but did not receive Council support to reconsider the tiered and time-of-use electric rates. Mayor Pro Tem Horak stated he would be open to reconsidering after data is collected and the budget is complete. Motion to Adjourn to 6:00 p.m., Tuesday, October 9, 2018. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 PM Tuesday, October 9, 2018, to consider the appeal of the Planning and Zoning Board approval of the External Storage Lockers Minor Amendment MA180033 and for such other business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1.1 Packet Pg. 23 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 2, 2018 City of Fort Collins Page 385 • ADJOURNMENT The meeting adjourned at 10:11 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 24 Attachment: October 2, 2018 (7302 : minutes-10/2, 10/9, 10/16) City of Fort Collins Page 386 October 9, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Horak ABSENT: Cunniff Staff present: Atteberry, Daggett, Coldiron 1. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding the External Storage Lockers Minor Amendment. (Planning and Zoning Board Decision Upheld, with conditions) The purpose of this item is to consider an appeal of the Planning and Zoning Board (the “Board”) decision on July 19, 2018, approving the External Storage Lockers Minor Amendment. The project is located at the Mennonite Church, 300 East Oak Street. The appeal was filed on August 2, 2018. The appeal alleges the following: • The Board failed to properly interpret and apply Land Use Code (“Code”) Section 1.2.2 • The Board failed to properly interpret and apply Code Section 1.5.1 • The Board failed to properly interpret and apply Code Section 2.2.6 • The Board failed to properly interpret and apply Code Section 2.2.9 Mayor Troxell outlined the order of the hearing and discussed the applicable parties-in-interest. Steve Ackerman added his name to the list of appellants. Brian Connolly, Attorney representing the applicant, stated there were several individuals on the appeal statement who do not meet the qualifications to be a party-in-interest. He also stated there were some matters raised in the notice of appeal that were not raised before the Planning and Zoning Board and would therefore constitute new evidence. Mr. Connolly noted these concerns are part of a motion to dismiss. Brett Olsen, Attorney representing a group of the appellants, stated he only recently received a copy of the motion to dismiss and stated he is prepared to address its merits, but lodged a threshold objection. Laurie Kadrich, Planning, Development, and Transportation Director, stated the Mennonite Fellowship is located in the Neighborhood Conservation Buffer zone district. She discussed the accessory use minor amendment for the lockers which was approved by the Planning and Zoning Board with the condition a security camera with a seven-day retention policy be installed. Kadrich stated the appeal of the decision alleges the Planning and Zoning Board failed to interpret and apply four Land Use Code sections. Mayor Troxell stated he and Councilmember Overbeck attended a site visit. Councilmember Overbeck stated he observed the property and parking lot area and asked a question about construction of the lockers. Mayor Troxell stated he observed the lockers and asked if there was access to restroom facilities as a part of the project and asked if existing outbuildings were part of 1.2 Packet Pg. 25 Attachment: October 9, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 9, 2018 City of Fort Collins Page 387 the locker assemblage. He was informed the outbuildings are used for storage but was not provided an answer to the restroom question. Mr. Olsen stated there is one Code section referenced in the appeal that was not identified or discussed in the staff report. Mr. Connolly and Council did not object to the inclusion of the discussion of that Code section. City Attorney Daggett suggested it would be helpful to have parties interject when they feel new evidence is being introduced to allow Council to discuss each objection at the time. APPELLANT PRESENTATION Mr. Olsen discussed the appellants he represents and stated they are residents, business owners, and property owners in the Library Park neighborhood. The appellants are aware of the struggles of homelessness and do not oppose the church's efforts to serve the homeless community; however, they have concerns about the 24/7 use of the lockers with minimal supervision. Mr. Olsen outlined the appeal assertions and stated the determination by the Planning and Zoning Board that the proposed external storage lockers are an accessory use to the church is fundamentally incorrect. He stated the lockers are not an accessory use per the Land Use Code definition. Mr. Connolly objected stating the question of accessory use was not considered by the Planning and Zoning Board. Mr. Olsen stated the determination of accessory use led to the minor amendment process and is therefore intertwined with the Board's determination and the appeal. City Attorney Daggett stated the referenced Land Use Code section is part of the appeal notice and the Code does not limit the appellant to issues that were actually raised before the Board, although it does limit the introduction of new evidence. Mayor Troxell stated he would allow Mr. Olsen to proceed as no new evidence has been introduced. Mr. Connolly objected to Mr. Olsen's statement that no other church allows this use as being new evidence. Mayor Troxell stated the statement would not be allowed. Mr. Olsen stated there was consideration of the lockers as an accessory use by comparing it to a public bike rack or private storage shed, which are different from the locker use. He also noted the staff report stated it had found few comparable examples. The minor amendment process should not have applied; therefore, the Board failed to apply Code Section 2.2.10 in determining the locker are an accessory use subject to the minor amendment process. It is the appellants' position that even if the lockers are subject to the minor amendment process, the Board's decision approving the application must be reversed because the Board failed to properly interpret and apply other sections of the Code, specifically Sections 1.2.2 and 2.2.9. 1.2 Packet Pg. 26 Attachment: October 9, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 9, 2018 City of Fort Collins Page 388 Mr. Olsen stated the Board erred because it disregarded uncontroverted evidence and did not make a rational connection between its decision and the evidence presented, including written comments and testimony to the Board by residents and business owners regarding an increase in illegal activity in the neighborhood and health and safety concerns. Mr. Olsen stated staff's research found successful programs have on-site staff to manage and monitor locker use. He noted the neighborhood is predominantly residential and the staff report indicated no other business in the area operates 24 hours a day. He stated the Planning and Zoning Board failed to properly consider and apply evidence under Section 1.2.2, and in turn, violated Section 2.2.9 related to conditions of approval by ignoring evidence. He requested Council reverse the decision of the Planning and Zoning Board approving the minor amendment application. APPLICANT PRESENTATION Mr. Connolly requested Council uphold the Planning and Zoning Board decision approving the minor amendment. He noted Council is limited to considering whether the Board erred in its determination. Pastor Steve Ramer, Fort Collins Mennonite Fellowship, discussed the communitywide contributions of the church and discussed the Mennonite history and beliefs. He detailed the history of the locker project and noted there is no room for the lockers inside the building. He discussed the need for 24-hour access and stated 24-hour supervision would be prohibitively expensive. Crime in the neighborhood has decreased as items in the lockers have not been stolen. Mr. Olsen objected to this information as being new evidence. Mayor Troxell instructed Pastor Ramer to address items in the appeal. Pastor Ramer discussed the locker construction and requested the appeal be dismissed. Mr. Connolly stated Land Use Code Section 1.2.2 is not applicable to a minor amendment, the locker project enhances community safety, and does not change the character of the neighborhood. Section 2.2.9 of the Land Use Code, which authorizes the Planning and Zoning Board to impose conditions upon the approval of a land use application, was not violated by the Board. He discussed other 24-hour operations in the area, including the church itself, the library book drop, and public restroom. This project is a continuation of the church's outreach to homeless community members and discussed the Religious Land Uses and Institutionalized Persons Act. He stated scrutiny of the locker project raises several concerns under the Act and the lockers are actually part of the primary use of the property. Pastor Ramer noted the church does not operate 24-hours as an ongoing operation; it participates with Faith Family Hospitality to provide overnight shelter for four families for a week at a time about five time per year. APPELLANT REBUTTAL Mr. Olsen stated it is clear Section 1.2.2 does apply to this application and agreed Section 2.2.9 affords discretion to the Board to impose conditions of approval on an application; however, he stated that discretion was abused in this case based on uncontroverted evidence in the record. The 1.2 Packet Pg. 27 Attachment: October 9, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 9, 2018 City of Fort Collins Page 389 question of whether this is an accessory use is not coextensive with whether the proposed use is part of the church's ministry to the homeless. APPLICANT REBUTTAL Mr. Connolly stated any concerns raised about public safety issues related to the lockers are unsubstantiated given issues existed in the neighborhood prior to the lockers being installed. He also stated no other commercial or institutional use has restrictions on 24/7 public access. COUNCIL DELIBERATION Councilmember Martinez asked if Police Services could attest to the assertion crime has reduced since the lockers were installed. Kevin Cronin, Assistant Police Chief, replied a cursory search indicated an increase in calls at the church; however, that is only based on a 30-day period. Councilmember Martinez asked if the locker use is clearly incidental and subordinate to the principal use of the land or building, as is part of the definition of an accessory use. Clay Frickey, City Planner, replied staff's position is that the lockers do fall within the definition of an accessory use. Councilmember Stephens asked how many lockers were depicted in the photo and if others are coming. Mr. Connolly replied one bank of lockers has been installed on the west side of the building and there will be another bank on the east side. He also stated safety has been increased for the individuals storing items in the lockers and noted the police calls to the property are not indicative of tickets issued or arrests made. Mayor Troxell asked if any other activities, such as camping on the site, have been associated with the locker use. Pastor Ramer replied camping is not allowed. Regarding restroom access, he stated people would have access to the building on Friday evening and Sunday morning. Mayor Troxell asked if any camping citations have been issued for the property. Officer Cronin replied there have been several citations, two including drug use. Bodily waste disturbances have also been frequent. He stated an increase in crime has occurred since the lockers were installed. Mayor Troxell asked if there would be any way to prohibit camping on the site. Pastor Ramer replied there are various groups using the building throughout the day and most evenings and camping is discouraged as much as possible. He stated signage is posted to indicate camping is not allowed. Councilmember Martinez asked if it would be difficult for the church to provide supervision for the lockers. Mr. Connolly replied it would be financially prohibitive for the church to have a staff person on premises 24 hours a day. He noted monitoring occurs as part of the programming seven days a week and the lockers are checked twice per day. Councilmember Martinez asked what types of police calls were received during the 30-day period referenced by Officer Cronin. Officer Cronin replied arrests have been made, camping tickets and warnings have been issued, and the church has had to make at least one call regarding an individual banging on church doors. 1.2 Packet Pg. 28 Attachment: October 9, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 9, 2018 City of Fort Collins Page 390 Councilmember Overbeck asked if the lockers are weatherproof. Pastor Ramer replied the lockers are not weatherproof, but a roof has been installed to shelter them from severe weather. Participants are encouraged to store items in plastic. Mayor Troxell asked about the monitoring of locker contents. Pastor Ramer replied there is not a practice of checking locker contents; however, that would be done if it were necessary. Mayor Troxell asked who provides the locks. Pastor Ramer replied the church provides the locks. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, that Council find the Planning and Zoning Board properly interpreted and applied the relevant Land Use Code standards in approving, with one condition, the External Storage Lockers Minor Amendment MA180033 pertaining to the Mennonite church at 300 East Oak Street. He further moved that Council uphold and modify the decision by adding or modifying the following conditions: church staff must be present during hours of operation, locker operations must be limited to the hours between 8AM and 8 PM, and access to lockers must be restricted outside normal hours of operation. He further moved that, except as stated, based on the evidence in the record and presented at this hearing, the appeal is hereby found to be without merit and is denied. Mayor Pro Tem Horak stated these conditions are quite reasonable and would be imposed in any location. He noted staff research has found these types of programs are difficult to do well. Councilmember Summers stated it is important to allow individuals who need access to their belongings outside normal hours to do so. Mayor Pro Tem Horak replied he would accept a change in hours; however, he would like that coupled with supervision. He stated he would be open to changing the hours to begin at 6AM with supervision. Councilmember Overbeck accepted that change. Councilmember Stephens questioned the definition of supervision. Mayor Pro Tem Horak replied that would entail an individual being on premise, though not necessarily standing by the lockers. Councilmember Martinez stated the police report evidence proves on-site supervision is necessary. Mayor Troxell stated limiting the operation to be outside nighttime hours and with staff supervision alleviates his concern about camping. Mr. Connolly requested the hours be extended to 10PM as the church has programs running until that time. Councilmember Martinez stated there is a difference between supervision and individuals who happen to be there for another reason. Mayor Pro Tem Horak asked what process the church would need to go through to request additional hours. City Attorney Daggett replied it would be difficult to modify the hours if Council adopts a condition to limit them unless it is clear in the motion that Council intends to allow an administrative modification. Mayor Pro Tem Horak stated he would prefer to see some period of performance prior to allowing extended hours. He suggested the applicant could file for a minor amendment to request extended hours. 1.2 Packet Pg. 29 Attachment: October 9, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 9, 2018 City of Fort Collins Page 391 • ADJOURNMENT The meeting adjourned at 8:18 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 30 Attachment: October 9, 2018 (7302 : minutes-10/2, 10/9, 10/16) City of Fort Collins Page 392 October 16, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated the Resolution for Item No. 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, has been edited to clarify that church representatives, rather than church staff, must be present during the hours of locker use. • PUBLIC COMMENT Alan Braslau, Energy Board member, stated Fort Collins has some of the lowest energy rates in the state and the proposed upcoming rate increase will help manage the smoothing of future electric rate increases. Eric Sutherland stated one of the reasons Fort Collins has low electricity rates is the tax advantage it has for public power financing. Fort Collins is likely to face litigation regarding the broadband bonds as it did not follow the Charter. Amanda Shores, Energy Board Vice Chair, stated the Board supports a 5% electric rate increase, but noted that does not go far enough to support vital programs necessary to meet the 2020 greenhouse gas reduction goals. She stated the Board strongly supports a 5.63% increase which will allow those goals to be met without compromising grid reliability. Carol Miller discussed the multi-cultural community retreat in Fort Collins and encouraged Council to keep the funding for the event in its budget. Nick Mitchell, Energy Board Chair, reiterated the Board's support for the 5.63% rate increase. He recommended Council support the budget offer for the electric distribution training field. Debra James, Fort Collins Homeless Coalition, thanked Council for what it has helped accomplish for homeless residents. She encouraged Council allow the locker program to have a chance. Cheryl Distaso congratulated Council on the success of Sunday bus service and encouraged Council to fund additional 365-day bus service in the upcoming budget. She opposed funding additional parking for MAX service. Nancy York discussed the seriousness of global warming and encouraged Council to put major resources toward its reduction. She stated automobiles must be replaced with buses. Lynn Thompson, Fort Collins Homeless Coalition, read a letter from the Coalition encouraging Council to include funding for extended Murphy Center hours. 1.3 Packet Pg. 31 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 393 Shirley Coenen, Fort Collins Community Action Network Coordinator, supported funding additional bus service on route 6 and discussed the importance of reliable public transportation. Nicholas Mouton encouraged Council to prioritize public transportation in its budget. Jessica Kerr encouraged Council to continue funding the multi-cultural community retreat. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and noted the budget has yet to be finalized. Mayor Pro Tem Horak suggested Council and the Transportation Board receive a periodic report on Transfort route performance. City Manager Atteberry agreed. Councilmember Martinez requested staff also provide solutions on route modifications as necessary. • CONSENT CALENDAR Mayor Troxell noted Item Nos. 7, Items Relating to the Sanctuary on the Green Annexation, and 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, are public hearings. Ernest Frank withdrew Item Nos. 7, Items Relating to the Sanctuary on the Green Annexation, and 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, from the Consent Agenda. Councilmember Martinez withdrew Item No. 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, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck 1.3 Packet Pg. 32 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 394 1. Consideration and Approval of the Minutes of the September 18, 2018, Regular Council Meeting and the September 25, 2018 Adjourned Council Meeting. (Adopted) 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. (Adopted) 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. (Adopted) 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. (Adopted) 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. (Adopted) 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. 6. 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. (Adopted) 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. 1.3 Packet Pg. 33 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 395 7. 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. (Adopted) 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. 8. 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. (Adopted) 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. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 9. 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. (Adopted on First Reading) 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. Tyler Marr, City Manager's Office, stated Entertainment Districts are an association of two or more liquor-licensed establishments that are associating together to provide an additional form of entertainment they could not provide individually. Once an Entertainment District is formed, it can apply for a common consumption area where alcoholic beverages purchased from any of the District's establishments can be consumed. Marr stated this Ordinance is the first step to allowing Entertainment Districts in the city. It establishes a process for Council to approve each District and allows the Municipal Court to approve common consumption areas and certify a promotional association which is responsible for activities within the common consumption area. Marr noted Council maintains the authority to approve or deny each entertainment district and set forth further restrictions such as hours of operation or size. The Municipal Court can then approve or deny each common consumption area. Eric Sutherland questioned how an Entertainment District could be revoked. Councilmember Martinez requested staff input on Mr. Sutherland's question. Marr replied the promotional association would require an annual recertification and liquor license violations can result in the revocation of the association. Additionally, Council can modify the restrictions it sets in authorizing the Entertainment District at a subsequent date to the ordinance. 1.3 Packet Pg. 34 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 396 Councilmember Cunniff asked if Entertainment Districts could be removed in the future should a future Council change its mind. City Attorney Daggett replied staff will follow-up and make related changes to the Ordinance as appropriate prior to Second Reading. Councilmember Martinez made a motion, seconded by Councilmember Mayor Pro Tem Horak, to adopt Ordinance No. 125, 2018, on First Reading. Councilmember Cunniff stated he does not necessarily support Entertainment Districts as there are already alcohol consumption related issues in the areas that are likely to be some of the Districts. Councilmember Stephens asked about the experiences of other communities. Marr replied Greeley activates its Entertainment District in a portion of its downtown a couple evenings a year. He noted Police Services support will be critical in a positive staff recommendation. Councilmember Stephens asked if staff is anticipating many applications. Marr replied staff is aware of one interested applicant at this time. Councilmember Martinez stated he is also looking at this from a cautionary perspective. Mayor Pro Tem Horak stated he would support the Ordinance as it simply enables Entertainment Districts to form and Council will be looking at each individual application. Councilmember Stephens stated this could be used to create some community events that may otherwise not occur. RESULT: ORDINANCE NO. 125, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck • DISCUSSION ITEMS 10. Items Relating to the CIty Council's Position on Amendment 74 and Propositions 109, 110, and 112. (Resolutions 2018-100, 2018-101, 2018-102 Adopted; Resolution 2018-013 Postponed Indefinitely) 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. 1.3 Packet Pg. 35 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 397 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 Tyler Marr, City Manager's Office, stated four ballot measures are included in this item as they are the four on which the Colorado Municipal League (CML) took positions. Marr stated Amendment 74 is a constitutional amendment that requires local government to award just compensation to private property owners when a local regulation or ordinance reduces the property's fair market value. The Colorado Municipal League and Council's Legislative Review Committee (LRC) oppose that Amendment. Marr stated Proposition 109 would bond $3.5 billion for transportation projects with no increase in state revenue. There is no local share back for this item; therefore, CML and the LRC oppose that Proposition. Marr stated Proposition 110 would raise the state sales tax by 0.62% for transportation projects. It also allows for bonding and includes a 40% local share back, half of which would go to cities. Both CML and the LRC support the Proposition. Proposition 112 establishes a 2,500-foot setback for oil and gas production within certain areas of a community. It is expected to have an impact on severance tax revenue in the state; therefore, CML and the LRC oppose the Proposition. City Manager Atteberry noted the LRC consists of Councilmembers Summer, Martinez, and Overbeck. Councilmember Summers stated the LPC blanketly adopted the recommendations of CML. Eric Sutherland noted Fort Collins charges sales tax on food and questioned whether local taxes would be reduced by not renewing KFCG should Proposition 110 pass. Ann Hutchison, Fort Collins Area Chamber of Commerce Executive Vice President, opposed Proposition 112 and supported Propositions 109 and 110. Lief Youngs encouraged Council to switch its position on Propositions 110 and 112. Kevin Cross, Fort Collins Sustainability Group, supported Proposition 112 and stated opposing it is disconnected with the expressed will of the community and City Council. Cheryl Distaso opposed Amendment 74, supported Proposition 112, and opposed Proposition 110 stating more funding should be dedicated to transit. 1.3 Packet Pg. 36 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 398 Forest Carlson stated companies and governments that form the world military industrial complex are terrorist organizations that have brought the world to the brink of ecological collapse. Vicky McLane, League of Women Voters of Larimer County, requested Council remain neutral on Proposition 112. She stated the League supports the Proposition, but recognizing differing views, a neutral position is best for Council. Sally Douet supported Proposition 112 as Fort Collins residents have already voted in favor of a moratorium on fracking. Jason Knieval stated oil and gas lobbyists get unlimited time to talk to Council and stated Council should stand up for Fort Collins residents and their wishes. Jamie Nagel opposed Proposition 112 and discussed jobs the oil and gas industry creates. Jim Vassallo discussed the water use of fracking wells and stated less than 1% of Colorado jobs are in the oil and gas industry. Monica Lynn expressed concern the LRC did not conduct its own independent research on these issues. She stated the oil and gas industry cannot be considered an independent source of analysis of the economic, environmental, safety, and health impacts of fracking. She supported Proposition 112. Harry Michaels supported Proposition 112. Ted Walker encouraged Council to consider water quality in its analysis of Proposition 112 and stated fracking converts enormous amounts of fresh water into wastewater unfit for plant, animal, and human consumption. Gayla Maxwell Martinez supported Proposition 112 and requested Council do the same. Nicholas Mouton supported Proposition 112 and encouraged Council to do the same. Elizabeth Hudetz supported Proposition 112 and stated it is disappointing to make it seem as though this recommendation represents the entire Council as only Councilmembers Martinez and Summers were part of the recommendation. Mary Delphs stated Proposition 112 is a crucial first step in protecting all species. She stated the economy can be sustained without oil and gas. Jeremy (no last name given) urged Council to support Proposition 112 and stated violence increases when oil and gas operations are present. Tim Gosar supported Proposition 112 and urged Council to do the same. Chris McGowan, Colorado Petroleum Council, opposed Proposition 112. Aisha Martinik supported Proposition 112. Tinar Hurety supported Proposition 112. 1.3 Packet Pg. 37 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 399 Dena Munos supported Proposition 112. Liz Kekahbah supported Proposition 112 and opposed Amendment 74. Doug Dennison stated he lives in Windsor and is an employee of the oil and gas industry. He opposed Proposition 112. Craig Rasmussen stated he is an employee of the oil and gas industry and is proud of the work of the industry. He opposed Proposition 112. Debra (no last name given) supported Proposition 112 and encouraged Council to support it or refrain from taking a stance. Jeff Jensen urged Council to oppose Proposition 112 and stated laws governing oil and gas are quite strict in Colorado. Nancy York supported Proposition 112 citing health and environmental concerns. Greg Anderson stated he is an employee of the oil and gas industry and opposed Proposition 112. Councilmember Cunniff suggested postponing a position on Proposition 112 indefinitely as there is not a consensus on Council. Councilmember Martinez noted the LRC did have a discussion and suggested a process be put in place to notify the alternate member if staff is made aware a member will be absent from a meeting. City Manager Atteberry agreed and stated staff will further refine that process. Councilmember Martinez stated the LRC receives information from both sides of the issues. Councilmember Summers noted the Colorado Municipal League is an association of cities across Colorado and is not the oil and gas industry. He stated Proposition 112 is a statewide issue, not just a local issue; however, its passage will impact Fort Collins economically. Mayor Troxell noted he is the president of CML this year. He stated Amendment 74 is of concern to CML and noted fair market value is a new, undefined variable. He opposed adoption of the Amendment. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-100 opposing Amendment 74. RESULT: RESOLUTION 2018-100 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-101 opposing Proposition 109. 1.3 Packet Pg. 38 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 400 RESULT: RESOLUTION 2018-101 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-102 supporting Proposition 110. Mayor Pro Tem Horak stated funding for Colorado roads has leveled off and the tax increase is necessary for funding the third lane of I-25. Additionally, Fort Collins will receive approximately $5 million annually for transit-related items should the Proposition pass. Councilmember Cunniff noted highway funding has remained unchanged since the early 1990s. RESULT: RESOLUTION 2018-102 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone consideration of Resolution 2018-103 indefinitely. Councilmember Cunniff stated this item pits opposing interests and Council should not provide an opinion. Councilmember Stephens thanked the speakers and commended the respectful nature of the conversation. RESULT: RESOLUTION 2018-103 POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 11. Items Relating to the Sanctuary on the Green Annexation. (Adopted) 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. 1.3 Packet Pg. 39 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 401 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. Ted Shepard, Chief Planner, stated this is an annexation and zoning request for 14 acres generally located at the northwest corner of North Taft Hill Road and Laporte Avenue. According to the Northwest Subarea Plan, Low-Density, Mixed-Use Neighborhood zoning is being recommended. Ernest Frank questioned the acreage mentioned by Shepard and noted he previously provided Council with various documents related to the item. Shepard stated land development proposals are described by a site plan and the perimeter determines the gross acreage of a plan. Developers are not allowed to use public right-of-way to apply toward their gross acreage calculation. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2018-096. RESULT: RESOLUTION 2018-096 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 126, 2018, on First Reading. RESULT: ORDINANCE NO. 126, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck 12. 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. (Adopted on First Reading) 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. Mayor Troxell outlined the hearing process for this type of Ordinance. 1.3 Packet Pg. 40 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 402 Stephanie Hansen, Ripley Design, stated she and representatives from Poudre Fire Authority are available for any questions. APPLICANT PRESENTATION Ms. Hansen stated this project is located well within Fort Collins' growth management area. She stated a full project development plan will be going before the Planning and Zoning Board in the future but noted a neighborhood meeting has already occurred. PUBLIC COMMENT Ernest Frank discussed the demolition of structures on the property and stated the Colorado Department of Public Health and Environment (CDPHE) has yet to receive asbestos removal applications for the structures. He stated asbestos must be removed prior to demolition. He also discussed the Poudre Fire Authority report regarding the structures. APPLICANT REBUTTAL Ms. Hansen stated the demolition permit covered the house and storage barn. The other structures were a former chicken coop, a converted pig storage crib, a portable storage shed on palettes, and an open horse shed. A resident took the portable shed for his use and the other buildings were given to a recycler who uses the wood for decorative tables. All necessary paperwork was filed with CDPHE over multiple filings. Roofing samples were taken with a separate form and no asbestos was found in those samples. COUNCIL DISCUSSION Mayor Pro Tem Horak asked if this issue is related to the annexation. City Attorney Daggett replied Council is deciding the zoning of the property and specific standards are articulated regarding that decision. Though some of Mr. Frank's issues may be of interest to Council, they may have no relevance in relation to the question of the zoning of the property. Mayor Pro Tem Horak asked if the applicant could provide copies of all of the documentation to Mr. Frank. Ms. Hansen replied in the affirmative. Mayor Pro Tem Horak requested a comment from Poudre Fire Authority. Chief Tom DeMint stated the property hosted a training fire during which international research on attacking fires occurred. Battalion Chief Gene Maccarini stated all permit documents were filed and are available for public viewing. The home owner took care of the demolition permit and asbestos mitigation and inspection. Councilmember Cunniff asked if CDPHE's jurisdiction over hazardous materials removal changes whether the property is annexed or zoned. City Attorney Daggett replied in the negative. Councilmember Cunniff thanked Mr. Frank for his concern but noted the issue is not part of this particular item. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 127, 2018, on First Reading. 1.3 Packet Pg. 41 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) October 16, 2018 City of Fort Collins Page 403 RESULT: ORDINANCE NO. 127, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak ABSENT: Overbeck • OTHER BUSINESS Councilmember Cunniff requested and received Council support to direct staff to help connect Mr. Frank with answers to his questions. • ADJOURNMENT The meeting adjourned at 8:15 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 42 Attachment: October 16, 2018 (7302 : minutes-10/2, 10/9, 10/16) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Tyler Marr, Policy and Project Analyst Bronwyn Scurlock, Legal SUBJECT Second 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 District. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 16, 2018 establishes 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. There are some minor changes between First and Second Reading, the most significant of which is the inclusion of an abandonment provision that automatically deems an entertainment district abandoned if there is no certified promotional association for a twelve-month period. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (PDF) 2. Entertainment District Application - Sample (PDF) 2 Packet Pg. 43 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.) COPY 2.1 Packet Pg. 44 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7283 : SR 125 Entertainment Districts) 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. CITY FINANCIAL IMPACTS There are no expected financial impacts to the City organization. COPY 2.1 Packet Pg. 45 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7283 : SR 125 Entertainment Districts) Agenda Item 6 Item # 6 Page 3 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) COPY 2.1 Packet Pg. 46 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7283 : SR 125 Entertainment Districts) 1 | Page February 13, 2017 City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk Request to Designate an Entertainment District ” $500 Application Promotional Association Name: Members of Promotional Association 1. Member Name: 1a. Associated Liquor Licensed Establishment: 1b. Square Footage of Liquor Licensed Establishment 2. Member Name: 2a. Associated Liquor Licensed Establishment: 2b. Square Footage of Liquor Licensed Establishment 3. Member Name: 3a. Associated Liquor Licensed Establishment: ATTACHMENT 2 2.2 Packet Pg. 47 Attachment: Entertainment District Application - Sample (7283 : SR 125 Entertainment Districts) 2 | Page February 13, 2017 3b. Square Footage of Liquor Licensed Establishment 4. Member Name: 4a. Associated Liquor Licensed Establishment: 4b. Square Footage of Liquor Licensed Establishment General Legal Description for Entertainment District: (please use street names, common descriptors of area such as east sidewalk, other business’, etc.) Cannot be greater than 100 acres. Date notice sent to property owners within 1000 feet of proposed Entertainment District. (Please attach copy of notice sent) 2.2 Packet Pg. 48 Attachment: Entertainment District Application - Sample (7283 : SR 125 Entertainment Districts) 3 | Page February 13, 2017 Date of Neighborhood Meeting (Please attach notes from this meeting. Include attendance and synopsis of comments) Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor Code, Colorado Beer Code, Colorado Code of Regulations, and other state law or municipal ordinance, which may affect my license. Authorized Signature: Printed Name and Title: Date: For Staff Use Only Date Filed with the City Clerk’s Office: Date Sent to Police Services and City Attorney’s Office: Date Ordinance Approved: Anticipated Hearing Date with the Liquor Licensing Authority: Neighborhood Notes? Sample Notice? Total Square Footage of all liquor licensed establishments. 2.2 Packet Pg. 49 Attachment: Entertainment District Application - Sample (7283 : SR 125 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. 50 -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. 51 -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, modify the limits imposed by Council on an entertainment district or eliminate an entertainment district if the Authority decertifies the there is no certified promotional association in the entertainment district or enters an order that effectively eliminates the common consumption area. (d) An entertainment district shall be deemed to be abandoned after a period of twelve (12) consecutive months during which the entertainment district had no certified promotional association. In the event of abandonment, a new Council approval would be required to re-establish the entertainment district. 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. 52 -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. 53 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 126, 2018, Annexing the Property Known as the Sanctuary on the Green Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 16, 2018 annexes 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (PDF) 2. Ordinance No. 126, 2018 (PDF) 3 Packet Pg. 54 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 Larimer COPY 3.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7284 : SR 126 Sanctuary on the Green Annexation) Agenda Item 7 Item # 7 Page 2 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. COPY 3.1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7284 : SR 126 Sanctuary on the Green Annexation) 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.  One citizen expressed support for the proposed zoning of L-M-N, Low Density Mixed-Use Neighborhood.  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:  Annexation of the subject parcel  Zoning of the subject parcel  Potential development of the subject parcel plus the adjoining property to the west. Combined, these two parcels include approximately 41 acres  An Overall Development Plan which would allow the 41 acres to be developed in phases  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) COPY 3.1 Packet Pg. 57 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7284 : SR 126 Sanctuary on the Green Annexation) -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; 3.2 Packet Pg. 58 Attachment: Ordinance No. 126, 2018 (7284 : SR 126 Sanctuary on the Green Annexation) -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 of 3.2 Packet Pg. 59 Attachment: Ordinance No. 126, 2018 (7284 : SR 126 Sanctuary on the Green Annexation) -3- 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 3.2 Packet Pg. 60 Attachment: Ordinance No. 126, 2018 (7284 : SR 126 Sanctuary on the Green Annexation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second 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. This Ordinance, unanimously adopted on First Reading on October 16, 2018, zones 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (PDF) 2. Ordinance No. 127, 2018 (PDF) 4 Packet Pg. 61 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.) COPY ATTACHMENT 1 4.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7285 : SR 127 Sanctuary on the Green Annexation 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.  One citizen expressed support for the proposed zoning of L-M-N, Low Density Mixed-Use Neighborhood.  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. COPY 4.1 Packet Pg. 63 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7285 : SR 127 Sanctuary on the Green Annexation 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:  Annexation of the subject parcel;  Zoning of the subject parcel;  Potential development of the subject parcel plus the adjoining property to the west. Combined, these two parcels include approximately 41 acres;  An Overall Development Plan which would allow the 41 acres to be developed in phases;  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) COPY 4.1 Packet Pg. 64 Attachment: First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (7285 : SR 127 Sanctuary on the Green Annexation -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, 4.2 Packet Pg. 65 Attachment: Ordinance No. 127, 2018 (7285 : SR 127 Sanctuary on the Green Annexation Zoning) -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; 4.2 Packet Pg. 66 Attachment: Ordinance No. 127, 2018 (7285 : SR 127 Sanctuary on the Green Annexation Zoning) -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 4.2 Packet Pg. 67 Attachment: Ordinance No. 127, 2018 (7285 : SR 127 Sanctuary on the Green Annexation Zoning) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Matt Robenalt, Executive Director Kristy Klenk, Financial Coordinator John Duval, Legal SUBJECT First Reading of Ordinance No. 127, 2018, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2019 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2019. EXECUTIVE SUMMARY The purpose of this item is to set the Downtown Development Authority ("DDA") Budget. The following amounts will be appropriated: DDA Public/Private Investments & Programs $3,470,849 DDA Operations & Maintenance $ 809,787 Revolving Line of Credit Draws $4,000,000 DDA Debt Service Fund $6,225,522 The Ordinance sets the 2019 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for 2019. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Downtown Development Authority (DDA) was created in 1981 with the purpose, according to Colorado state statute, of planning and implementing projects and programs within the boundaries of the DDA. By state statue the purpose of the ad valorem tax levied on all real and personal property in the downtown development district, not to exceed five (5) mills, shall be for the budgeted operations of the authority. The DDA and the City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. In order to carry out the purposes of the State statute and the DDA’s approved plan of development, the City, on behalf of the DDA, has issued various tax increment bonds, which require debt servicing. CITY FINANCIAL IMPACTS The DDA is requesting approval of the DDA Public/Private Investments and Programs budget for fiscal year 2019 in the amount of $3,470,849 and DDA Operation and Maintenance budget for fiscal year 2019 in the amount of $809,787. It is requesting appropriation of up to $4,000,000 for the 2019 Line of Credit draws. It is also requesting approval of the DDA debt payment commitments in the amount of $6,225,522 for 2019 obligations. 5 Packet Pg. 68 Agenda Item 5 Item # 5 Page 2 The 2019 Public/Private Investments and Programs budget is projected as follows: Uses: Alley Operations $ 263,871 Alley Enhancement/Construction/Design 1,523,433 Warehouse Operations 23,142 Façade Grant Program 165,518 Old Town Square Operations 251,924 Downtown River District Improvements - Jefferson St 435,000 Whitewater Park 27,300 Elks Lot Concept Study & Pre-Development 540,982 Gateway Entrances 75,000 Jack Benny Handprint Restoration 14,409 Other Public/Private Investments & Programs 150,270 Total $3,470,849 The 2019 Operations and Maintenance budget is projected as follows: Uses: Personnel Services $516,441 Contractual Professional Services 244,519 Purchased Supplies and Commodities 29,076 Other 19,751 Total $809,787 The 2019 Line of Credit draws, whose debt service payment will be made from the debt service fund, is projected to fund up to $4,000,000. Uses: Old Firehouse Alley Parking Garage IGA Payment $ 300,000 Multi-Year Reimbursement Payments 531,656 Capital Asset Replacement Reserve 188,700 Capital Asset Maintenance Obligations 504,730 Future Public/Private Investments & Programs 2,474,914 Total $4,000,000 The DDA debt service fund is projected to have sufficient revenue to meet the required debt service payments for 2019. Uses: Debt Payment: 2019 $6,225,522 BOARD / COMMISSION RECOMMENDATION At its September 13, 2018, meeting, the Downtown Development Authority Board of Directors adopted its proposed budget for 2019 totaling $14,506,158 and determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA. ATTACHMENTS 1. Boundary Map (PDF) 2. Resolution 2018-03 Determining and Fixing the Mill Levy (PDF) 3. Resolution 2018-04 Determining and Recommending the 2019 Budget (PDF) 4. Resolution 2018-05 Appropriation of the 2019 Line of Credit Draw Service (PDF) 5. Resolution 2018-06 Appropriation for Debt Service (PDF) 6. Resolution 2018-07 Appropriation of Public-Private Investments & Programs (PDF) 5 Packet Pg. 69 Cache La Poudre River ³I ÕZYXW E Vine Dr Riverside Ave N College Ave S Lemay Ave S College Ave 9th St E Lincoln Ave S Mason St S Howes St E Mulberry St W Laurel St Laporte Ave Remington St W Mulberry St N Lemay Ave W Mountain Ave Jefferson St N Mason St N Howes St E S un i g a R d E Mountain Ave Remington St N L e may A v e Smith St E Elizabeth St Mathews St Peterson St Locust St E Myrtle St Stover St Whedbee St Linden St 12th St Maple St Cherry St Conifer St E Plum St W Oak St E Olive St W Olive St Willow St W Myrtle St Buckingham St E Oak St ATTACHMENT 2 5.2 Packet Pg. 71 Attachment: Resolution 2018-03 Determining and Fixing the Mill Levy (7254 : DDA Budget 2019) ATTACHMENT 3 5.3 Packet Pg. 72 Attachment: Resolution 2018-04 Determining and Recommending the 2019 Budget (7254 : DDA Budget 2019) ATTACHMENT 4 5.4 Packet Pg. 73 Attachment: Resolution 2018-05 Appropriation of the 2019 Line of Credit Draw Service (7254 : DDA Budget 2019) ATTACHMENT 5 5.5 Packet Pg. 74 Attachment: Resolution 2018-06 Appropriation for Debt Service (7254 : DDA Budget 2019) ATTACHMENT 6 5.6 Packet Pg. 75 Attachment: Resolution 2018-07 Appropriation of Public-Private Investments & Programs (7254 : DDA Budget 2019) -1- ORDINANCE NO. 127, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIATION ORDINANCE FOR THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2019 AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2019 WHEREAS, the Fort Collins Downtown Development Authority (the “DDA”) has been duly organized in accordance with the C.R.S. Section 31-25-804; and WHEREAS, on September 13, 2018, DDA Board of Directors (the “DDA Board”), acting under the provisions of Colorado Revised Statutes (“C.R.S.”) Section 31-25-816, adopted a proposed and recommended DDA budget for the fiscal year beginning January 1, 2019, as reflected in DDA Board Resolutions 2018-04, 2018-05, 2018-06 and 2018-07, (the “Budget”) and determined the mill levy necessary to provide for payment during fiscal year 2019 of properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, it is the desire of the Council of the City of Fort Collins (the “City Council”) to appropriate the sum of FOURTEEN MILLION, FIVE HUNDRED SIX THOUSAND, ONE HUNDRED FIFTY-EIGHT DOLLARS ($14,506,158) from the DDA Operation and Maintenance Fund and the DDA Debt Service Fund for the fiscal year beginning January 1, 2019 and ending December 31, 2019, to be used as follows; DDA Public/Private Investments & Programs (O&M Fund) $3,470,849 DDA Operations & Maintenance (O&M Fund) 809,787 2019 Revolving Line of Credit Draws 4,000,000 DDA Debt Service Fund 6,225,522 Total $14,506,158 WHEREAS, the DDA Board, as reflected in DDA Board Resolution 2018-03, has recommended to the City Council that pursuant to C.R.S. Section 31-25-817 the City Council set a mill levy of five (5) mills upon each dollar of assessed valuation on all taxable property within the DDA District, such levy representing the amount of taxes necessary to provide for payment during the 2019 fiscal year for all properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, C.R.S. Section 39-5-128(1) requires certification of this mill levy to the Larimer County Board of County Commissioners no later than December 15, 2018. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 76 -2- Section 2. That the City Council hereby approves the Budget as provided in C.R.S. Section 31-25-816(1). Section 3. That there is hereby appropriated for fiscal year 2019 for expenditure from the DDA Operation and Maintenance Fund for the Downtown Development Authority Public/Private Investments and Programs the sum of THREE MILLION, FOUR HUNDRED SEVENTY THOUSAND, EIGHT HUNDRED FORTY-NINE DOLLARS ($3,470,849), to be expended to fund the payment of the DDA-related obligations that have been entered into or will be entered into in furtherance of the DDA’s approved plan of development. Section 4. That there is also hereby appropriated for fiscal year 2019 for expenditure from the DDA Operation and Maintenance Fund for the Downtown Development Authority Operation and Maintenance the sum of EIGHT HUNDRED NINE THOUSAND, SEVEN HUNDRED EIGHTY-SEVEN DOLLARS ($809,787), to be expended for the authorized purposes of the DDA. Section 5. That there is hereby appropriated for fiscal year 2019 for expenditure from the Downtown Development Authority 2019 Line of Credit draws the sum of up to FOUR MILLION DOLLARS ($4,000,000), to be used to finance DDA projects or programs in accordance with the DDA approved plan of development including the multi-year reimbursement payments, and capital asset maintenance obligations. Section 6. That there is hereby appropriated for the fiscal year 2019 for expenditure from the Downtown Development Authority Debt Service Fund the sum of SIX MILLION, TWO HUNDRED TWENTY-FIVE THOUSAND, FIVE HUNDRED TWENTY-TWO DOLLARS ($6,225,522), for payment of debt service on previously issued and outstanding bonds, to pay the City’s investment service charge, and for payment on the 2019 Line of Credit draws. Section 7. That the DDA’s mill levy rate for the taxation upon each dollar of the assessed valuation of all taxable property within the DDA District shall be five (5) mills to be imposed on the assessed value of such property as set by state law for property taxes payable in 2019, which levy represents the amount of taxes necessary to provide for payment during fiscal year 2019 of all properly authorized operational and maintenance expenditures to be incurred by the DDA, as appropriated herein. The City Clerk shall certify said mill levy to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, no later than December 15, 2018. Packet Pg. 77 -3- Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Jason Licon, Airport Director Judy Schmidt, Legal Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 136, 2018, Adopting the 2019 Budget and Appropriating the Fort Collins Share of the 2019 Fiscal Year Operating and Capital Funds for the Northern Colorado Regional Airport. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2019 budget for the Northern Colorado Regional Airport and appropriate Fort Collins’ share of the 2019 fiscal year operating and capital funds for the Airport. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1963, the City of Fort Collins and the City of Loveland agreed to the establishment of a regional aviation facility and became owners and operators of the Northern Colorado Regional Airport, located approximately 16 miles southeast of downtown Fort Collins, just west of Interstate 25. The Airport is operated as a joint venture between the City of Fort Collins and the City of Loveland, with each city retaining a 50% ownership interest, sharing equally in policy-making and management, and with each assuming responsibility for 50% of the capital and operating costs associated with the Airport. The Airport’s mission is to provide a safe and efficient air transportation airport facility to the general public and aviation community by providing airport facilities that meet Federal Aviation Administration (FAA) safety standards and to implement a plan that ensures the efficient development of the Airport to meet the needs of the Fort Collins and Loveland communities. According to a 2013 State of Colorado study, the Northern Colorado Airport provides a regional economic impact of approximately $129.4 million annually. All revenues derived from the Airport are applied to both operating and capital expenditures. Each City contributes equal funding for Airport operating and capital needs as agreed upon within the Intergovernmental Agreement between the Cities of Fort Collins and Loveland. Airport capital funds are also received for eligible projects, from the FAA and the Colorado Department of Transportation, Division of Aeronautics. All grant resources are funded through aviation taxes and fees. The annual operating costs for 2019 for the Airport are $2,746,915, and the City of Fort Collins contribution amount is $177,500. The Airport has a considerable amount of its budget dedicated to its capital program for facility improvements and maintenance in 2019, in addition to an increase in the Intergovernmental Agreement appropriation for the Northern Colorado Regional Airport Commission special projects account. 6 Packet Pg. 79 Agenda Item 6 Item # 6 Page 2 FAA Grants $850,000 State Grants $42,500 Airport Revenues $92,500 Airport Reserves $500,000 Total $1,485,000 The $500,000 Airport Reserve is an appropriation for use by the Northern Colorado Regional Airport Commission for discretionary Airport projects. This Airport Reserves appropriation will not require additional funding from the Cities and implements an approved amendment of the Intergovernmental Agreement (IGA) for the joint operation of the Airport signed in June 2016. The amendment to the IGA permits the expenditure of these appropriated funds so long as expenditures from Capital Reserves and Operation Reserves included in the approved budget do not exceed stated limits (the lesser of 25% of the approved annual airport budget, or 50% of the unassigned balances in the Airport Fund). The proposed 2019 Airport Budget use of reserves does not exceed these limits and the City of Fort Collins 50% appropriation for these capital expenditures identified above is $742,500. On July 19, 2018, the Northern Colorado Regional Airport Commission recommended the proposed 2019 Airport Budget for City Council approval. The City of Loveland’s City Council has adopted on First Reading an ordinance appropriating the 2018 Airport Budget on October 16, with the second reading being held on November 6. CITY FINANCIAL IMPACTS This Ordinance appropriates the City’s 50% share of the annual appropriation for fiscal year 2019 for the Northern Colorado Regional Airport operations and capital budgets, which totals $1,373,457 and is 50% of the $2,746,915 combined 2019 Airport operating and capital budget. Of this amount the City of Fort Collins will be providing $177,500 from the City’s General Fund. The City of Loveland manages the Airport’s budget and finances; however, since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to appropriate its 50% portion of the total Airport operating and capital improvement fund budget. 6 Packet Pg. 80 -1- ORDINANCE NO. 136, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2019 BUDGET AND APPROPRIATING THE FORT COLLINS SHARE OF THE 2019 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT FUNDS FOR THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the City of Fort Collins and the City of Loveland (the “Cities”) agreed to establish a regional general aviation facility and became owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the “Airport”); and WHEREAS, the Airport is operated as a joint venture between the Cities, with each city retaining a 50% ownership interest, sharing equally in policy-making and management, and each assuming responsibility for 50% of the Airport’s capital and operating costs; and WHEREAS, pursuant to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January 22, 2015, and the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport dated June 7, 2016, (collectively, the “IGA”), the Airport Manager is responsible for preparing the Airport’s annual operating budget and submitting it to the Cities for their approval; and WHEREAS, under the IGA, the City’s share of existing and unanticipated Airport revenue is to be held and disbursed by the City of Loveland as an agent on behalf of the Cities, since the City of Loveland provides finance and accounting services for the Airport; and WHEREAS, under the IGA, each City’s share of the Airport’s annual operating budget and the Airport capital improvement plan shall be appropriated by each City and transferred or otherwise paid into the designated account to be used for Airport funding on an annual basis; and WHEREAS, in accordance with Article V, Section 8(b), of the City Charter, any expense or liability entered into by an agent of the City on behalf of the City, shall not be made unless an appropriation for the same has been made by the City Council; and WHEREAS, the Airport Manager has submitted for City Council consideration a 2019 Airport budget totaling $2,746,915, of which the City’s 50% share is $1,373,458 ($1,261,915 for operations and $1,485,000 for capital); and WHEREAS, the City Council is in the process of considering the City’s 2019 budget and Ordinance No 133, 2018, which appropriates $177,500 in City funds to be transferred to the Airport operating fund in accordance with the IGA (the “Fort Collins Contribution”); and WHEREAS, pursuant to the IGA, the City of Loveland holds on behalf of both Cities the revenues of, and other financial contributions to, the Airport in a fund, which includes unappropriated and unencumbered, reserves (the “Airport Fund”); and Packet Pg. 81 -2- WHEREAS, the City’s 50% share of the 2019 Airport operating costs, to be held in the Airport Fund, is $630,958; and WHEREAS, funding for the 2019 capital improvements has been identified as follows: FAA Grant $850,000 State Grant 42,500 Airport Revenues 92,500 Airport Reserves 500,000 Total $1,485,000; and WHEREAS, the City’s 50% share of the 2019 Airport capital improvement costs, to be held in the Airport fund, is $742,500; and WHEREAS, the Airport Reserves item is an appropriation for use by the Northern Colorado Regional Airport Commission for discretionary Airport projects; and WHEREAS, City staff has determined that the requested appropriation of Airport Reserves in the 2019 Airport Budget meets the required limits set forth in the IGA; and WHEREAS, this appropriation will satisfy the City’s obligations under the IGA. 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 approves and adopts the 2019 Airport operating and capital budget totaling $2,746,915 ($1,261,915 for operations and $1,485,000 for capital), a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference. Section 3. That the City Council hereby appropriates in the Airport Fund $630,958 to be expended to defray the City’s 50% share of the 2019 operating costs of the Airport. Section 4. That the City Council hereby appropriates in the Airport Fund $742,500 to be expended to defray the City’s 50% share of the 2019 capital costs of the Airport. Packet Pg. 82 -3- Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 83 Northern Colorado Regional Airport The Northern Colorado Regional Airport (FNL) has served as a public regional air transportation center since 1964. The Airport is certified by the Federal Aviation Administration (FAA) as a commercial service airport, and it is administered and operated jointly by the Cities of Fort Collins and Loveland. The Airport has 265 based aircraft, and accommodates approximately 95,000 flight operations annually. These operations range from commercial air carrier, private charter, business and corporate aviation, emergency medical transport, aerial fire suppression, flight training, and private transportation. The Airport supports many aviation based businesses including a full service fixed base operator that provides aircraft fueling and concierge services, three flight training schools, two aircraft maintenance and repair stations, and one avionics center. The Airport is also host to a variety of private and corporate aviation flight departments for locally based companies that require access to the airport to remain competitive in today’s global markets. According to the Economic Impact Study conducted in 2013 by the Colorado Department of Transportation Division of Aeronautics, the Airport contributes approximately $129 million annually to the regional economy. This impact is derived through Airport associated activities and area spending from visitors. The study also identified 826 jobs that were directly associated with the Airport through administrative and operational support, airport businesses, capital improvement investments, and visitor spending. The Airport generates most of its operational and capital resources, and leverages Federal and State grant resources to provide support for infrastructure and planning needs. The Airport’s self-generated revenues come from airport operational activities including the leasing of hangars and airport owned land for privately owned hangars, aviation fuel sales, and commercial air carrier activities. The City of Loveland, through intergovernmental agreement (IGA), provides support services for the Airport; therefore, the City of Loveland adopts the Airport budget and includes it in this document. The Northern Colorado Regional Airport Commission is comprised of elected officials, staff, and appointed citizen members from both Fort Collins and Loveland. The Commission has been delegated powers and authority from both City Councils to make progress towards the goals of the Airport’s mission, which is “to provide a safe and efficient air transportation facility to the public and aviation community by providing airport facilities that meet Federal Aviation Administration safety standards and to implement a plan that ensures the efficient development of the Airport to meet the needs of the Fort Collins and Loveland communities.” City of Loveland - 2019 Draft Budget & Capital Program - 8/31/18 183 EXHIBIT A 1 Packet Pg. 84 Attachment: Loveland Budget for Airport (7292 : Airport Budget 2019 ORD) 2017 2018 2018 2019 2019 Draft/ 2019 Draft/ DESCRIPTION ACTUALS ADOPTED REVISED DRAFT 2018 Adopted 2018 Adopted $ Change % Change Beginning Fund Balance 3,509,521 1,506,761 2,258,314 1,223,679 (283,082) -18.8% Total Revenues Intergovern 1,091,535 242,500 242,500 1,070,000 827,500 341.2% Miscellaneous 31,424 23,500 33,469 21,000 (2,500) (10.6%) Interest Income 25,965 22,812 22,812 20,000 (2,812) (12.3%) Operating Revenues 932,407 908,300 908,300 893,250 (15,050) (1.7%) Capital Contributions - 46,240 46,240 - (46,240) (100.0%) Total Revenues 2,081,331 1,243,352 1,253,321 2,004,250 760,898 61.2% Total Expenditures & Capital AIR-Airport 3,328,858 1,572,700 2,284,156 2,242,665 669,965 42.6% AIR-Airport - FBO Rep and Maint 3,680 3,800 3,800 4,250 450 11.8% Northern Colorado Regional Airport 3,332,538 1,576,500 2,287,956 2,246,915 670,415 42.5% Ending Fund Balance 2,258,314 1,173,613 1,223,679 981,014 (192,599) -16.4% Net Income (1,251,208) (333,148) (1,034,635) (242,665) 90,483 (27.2%) Northern Colorado Regional Airport City of Loveland - 2019 Draft Budget & Capital Program - 8/31/18 184 1 Packet Pg. 85 Attachment: Loveland Budget for Airport (7292 : Airport Budget 2019 ORD) Northern Colorado Regional Airport Full-Time Equivalents (FTEs) Summary 2017 Actual 2018 Adopted Change 2018 Adopted Total 2018 Mid-Year Change 2018 Revised Total 2019 Proposed Change 2019 Proposed Total FTEs by Fund Northern Colorado Regional Airport 6.000 - 6.000 - 6.000 - 6.000 Total 6.000 - 6.000 - 6.000 - 6.000 FTEs by Division Airport 6.000 - 6.000 - 6.000 - 6.000 Total 6.000 - 6.000 - 6.000 - 6.000 City of Loveland - 2019 Draft Budget & Capital Program - 8/31/18 185 1 Packet Pg. 86 Attachment: Loveland Budget for Airport (7292 : Airport Budget 2019 ORD) Northern Colorado Regional Airport Dashboard Stats 2015 Actual 2016 Actual 2017 Actual 2018 Estimated 2019 Projected Total Aircraft Based on Field 245 250 255 263 267 Average Take Off and Landings Per Day 1 260 260 260 270 280 Total Annual Enplaned Passengers on Certified Air Carrier Aircraft 2 3,445 4,559 3,192 3,000 10,000 Hangars 3 /% Occupancy 209/100% 209/100% 211/100% 214/100% 220/100% Airport Self-Generated Revenue $618,216 $645,398 $703,831 $669,500 $776,750 DRAFT 08/02/18 1 Numbers currently estimated; actuals will be available upon implementation of tower technology. 2 Total Annual Enplaned Passengers on Certified Air Carrier Aircraft is significantly increasing due to the return of commercial airline service as a result of the remote air traffic control tower project. 3 Aircraft hangars range in size from 1,000 to 35,000 square feet and can accommodate one or multiple aircraft. The Airport currently has one multi-hangar development project underway and anticipates more to be built in the future to accommodate demand. Select Performance Measures are included for most City departments. The full list of performance measures resulting from Phase 1 of the City's Performance Measures Project are available in a separate document. Phase 1 measures are undergoing review for accuracy, finer definition, and data availability. However, they provide a relative sense of workload trends, and afford policy makers and the public with an opportunity to provide feedback on measures that are most important and informative. Phase 2 will incorporate feedback received and development of 'effectiveness measures' to provide an additional dimension of information available to understand the effectiveness of services provided by the City. The current project timeline includes a January 2019 Phase 2 completion date. City of Loveland - 2019 Draft Budget & Capital Program - 8/31/18 186 1 Packet Pg. 87 Attachment: Loveland Budget for Airport (7292 : Airport Budget 2019 ORD) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Lindsay Ex, Environmental Program Manager Lucinda Smith, Environmental Sustainability Director Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for Climate Action Efforts. EXECUTIVE SUMMARY The purpose of this item is to appropriate $5,000 in grant revenues from the Urban Sustainability Directors Network (“USDN”) Innovation Fund Technical Assistance Mini-Grant Program into the General Fund for the purpose of working with three other U.S. cities to develop a full grant application to the USDN Innovation Fund. The full grant application will develop a framework for cities to develop climate action plans and other planning efforts by systematically addressing mitigation, resilience, and equity within a single planning process. The technical assistance mini-grant, covered by this Ordinance, will convene the four total cities in November 2018 to develop the full proposal. This project will leverage and align with the City’s effort to update the Climate Action Plan and Energy Policy in 2019 and 2020 (Budget Offer 43.12). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In October, Fort Collins was selected as one of three U.S. Cities to receive a technical assistance mini-grant from the Urban Sustainability Directors Network (USDN) Innovation Fund. USDN is a peer-to-peer network of local government professionals from cities and counites across the U.S. and Canada dedicated to creating a healthier environment, economic prosperity, and increased social equity. USDN’s ultimate goal is to scale effective urban sustainability outcomes. The USDN Innovation Fund provides grants so USDN members, which includes Fort Collins, can collaborate around the development of innovative ways to solve a problem or to leverage a field-advancing opportunity. Fort Collins is working with Richmond, VA, Fort Lauderdale, FL, and San Francisco, CA to develop the full application to the USDN Innovation Fund, which is due on November 29, 2018. The full application will develop a framework for cities to develop climate action plans and other planning efforts by systematically addressing mitigation, resilience, and equity within a single planning process. Fort Collins and Richmond will leverage this work in their upcoming climate action planning efforts; Fort Lauderdale will integrate this work into their capital improvement processes and San Francisco intends to integrate the framework into their comprehensive plan update. Five other cities are also providing feedback on this effort, including Durango, CO, Santa Fe, NM, Seattle, WA, Los Angeles, CA, and Edina, MN. 7 Packet Pg. 88 Agenda Item 7 Item # 7 Page 2 CITY FINANCIAL IMPACTS The funds have been received and entered into the appropriate General Fund account. The appropriation of these funds will enable Sustainability to coordinate and fund the convening of the four cities as well as key project support staff, e.g., USDN Chief Resilience Officer and an equity consultant, in November. No matching funds are required for the mini-grant, and the full proposal is anticipated to request approximately $85,000 to develop the framework. 7 Packet Pg. 89 -1- ORDINANCE NO. 128, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR CLIMATE ACTION EFFORTS WHEREAS, the City has been awarded an Urban Sustainability Directors Network (“USDN”) Innovation Fund grant in the amount of $5,000; and WHEREAS, the USDN grant will be used to collaborate with other grant-awarded cities to develop innovative ways to address sustainability in urban environments; and WHEREAS, the grant does not require any matching funds from the City; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of creating sustainable living environments for generations to come; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. 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 unanticipated revenue in the General Fund the sum of FIVE THOUSAND DOLLARS ($5,000) for expenditure in the General Fund for climate action efforts. Packet Pg. 90 -2- Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 91 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining to Trash and Recycling Enclosures for New Development. EXECUTIVE SUMMARY The purpose of this item is to adopt an updated section of the Land Use Code that pertains to trash and recycling to implement current techniques and practices. This section was part of the annual update package that was approved by City Council on June 5, 2018, but was removed for further refinement and outreach. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications. While most revisions are bundled and adopted on an annual basis, other individual changes may occur as needed. In the case of trash and recycling, these revisions were included in the Spring 2018 annual update but were pulled for additional refinement and outreach primarily to address applications in the downtown area. The recommended revisions now acknowledge and account for the unique characteristics associated with downtown, particularly the operational aspects in the public alleys. These changes are designed to implement current techniques and practices. They will be applied to new, or amended, land development applications only and not to existing conditions. CITY FINANCIAL IMPACTS There are no new financial or economic impacts associated with these revisions. BOARD / COMMISSION RECOMMENDATION As noted, the proposed changes were included in the annual update package that was discussed and refined in conjunction with the Planning and Zoning Board at various work sessions between February and April of this year. At its April 19, 2018 public hearing, the Planning and Zoning Board considered the proposed revisions and voted unanimously to recommend approval to Council. After the Board’s recommendation, and prior to First Reading of Ordinance No. 063, 2018, on May 15, 2018, Section 3.2.5 regarding trash and recycling enclosures was pulled from the package for additional refinement. As refined, Section 3.2.5 remains substantively consistent with the Board’s April 19, 2018, recommendation. 8 Packet Pg. 92 Agenda Item 8 Item # 8 Page 2 PUBLIC OUTREACH Public outreach began earlier in the year as part of the original Spring 2018 annual update package. Since that time, additional in-depth outreach has been conducted with members of the development, business and multi-family housing communities to further refine the proposed code language. Presentations or conversations were held with both the Northern Colorado Rental Housing Association and the North Fort Collins Business Association. Public outreach included contacting eight developers and land planning consulting firms. Five of these firms participated in detailed discussions regarding the proposed regulations including the Downtown Development Authority. Overall, the proposed Code language and reasoning behind it was understood and supported. Finally, the proposed revisions were listed on “This Week in Development Review,” beginning on October 22, 2018. This is the weekly online notice that is posted on the Planning Department’s website and sent to approximately 435 subscribers. ATTACHMENTS 1. Land Use Code-Trash and Recycling Summary (PDF) 2. Enclosures-Examples of Problem Areas (PDF) 8 Packet Pg. 93 Spring 2018 Land Use Code Revisions – Annual Update Item 1067: Amend 3.2.5 – Trash and Recycling Areas – to update and clarify standards in order to properly size functional systems to accommodate various end-users and the expected number and type of containers. Also, to provide for improved maneuvering for users and haulers and new waste streams such as compost and cooking oil and other materials (returnable crates, pallets, etc.). Problem Statement: The current code section is in need of updating and enhanced specificity. The City’s Neighborhood Enforcement Team, Code Compliance Officers, Zoning Inspectors, and Environmental Services Staff have, over the last several years, discovered numerous problems with trash and recycling areas that are not functioning at an optimal level. In many cases, enclosures are not sized properly and do not provide safe or efficient access for both users and haulers. Further, areas have been found that do not account for regulations including the Cardboard Ordinance and the Community Recycling Ordinance that requires all businesses and multi-family complexes to subscribe to recycling by the end of 2020. Problems also occur when the development does not provide adequate space for the quantity and type of materials that will be produced. . These issues have been especially prevalent in the relatively new trend of student- oriented, mid-rise apartment buildings where problems have been discovered that effectively discourage recycling diversion. Proposed Solution Overview: A variety of proposed Code changes are recommended that address the following:  An acknowledgement that trash and recycling systems in the Downtown, served by alleys, have unique attributes that differ from the rest of the City.  Standards will apply to single family attached dwellings that use a communal waste collection system.  Add references to include compostable materials and waste cooking oil.  Add references to returnable crates, containers, pallets, etc. ATTACHMENT 1 8.1 Packet Pg. 94 Attachment: Land Use Code-Trash and Recycling Summary (7269 : Trash and Recycling LUC Changes)  Ensure adequate space and functional pairing is provided for trash and recycling  Design for door-less, hands-free entry where feasible, and ensure maneuverability within the enclosure for users.  Design for unobstructed access to enclosures and the containers, fully operational gates, concrete service pads, methods to protect the enclosure from damage and other maneuvering specifications for efficient and safe hauler access.  For multi-story structures utilizing trash chutes require a second chute be provided for recycling.  Design for effective containment of waste cooking oil to reduce risk of contamination to the storm water system. 8.1 Packet Pg. 95 Attachment: Land Use Code-Trash and Recycling Summary (7269 : Trash and Recycling LUC Changes) Photo #1: Enclosure was undersized and does not provide adequate space for the necessary volume of trash and recycling containers. Photo #2: Enclosure lacks a concrete service pad in front of the enclosure for haulers to wheel containers in and out for servicing. Photo #3: Unenclosed and leaking waste cooking oil container. Photo #4: Enclosure provides a separate pedestrian entrance but does not provide space for internal circulation. ATTACHMENT 2 8.2 Packet Pg. 96 Attachment: Enclosures-Examples of Problem Areas (7269 : Trash and Recycling LUC Changes) -1- ORDINANCE NO. 129, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING LAND USE CODE SECTION 3.25 PERTAINING TO TRASH AND RECYCLING ENCLOSURES FOR NEW DEVELOPMENT WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, the proposed changes to the Land Use Code pertaining to trash and recycling requirements are to ensure the health and safety of the residents of development in close proximity to oil and gas facility locations; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.2.5 of the Land Use Code is hereby amended to read as follows: 3.2.5 - Trash and Recycling Enclosures. (A) Purpose. The purpose of this Section standard is to ensure the provision of areas, compatible with surrounding land uses, for the collection, separation, storage, loading and pickup of trash, waste cooking oil, compostable and recyclable materials. This standard is supplemented by the Enclosure Design Considerations and Guidance Document issued by the Director and available from the Department. (B) General Standard Applicability. All development, to the extent reasonably feasible, shall The following developments must provide adequately sized, conveniently located, Packet Pg. 97 -2- and easily accessible trash and recycling areasenclosures to accommodate the specific trash, compostable and recyclable materials and waste cooking oil needs of the proposed use and future uses that are likely to occupy the development: (1) new commercial structures; (2) new residential structures using a common collection system for waste disposal; (3) commercial structures that are proposed to be enlarged by more than twenty-five (25) percent; (4) residential structures using a common collection system for waste disposal that are proposed to be enlarged by more than twenty-five (25) percent; (5) commercial structures where a change of use is proposed; and (6) all newly constructed enclosures. (C) Regulations General Standards. The following regulations shall be applied to the extent reasonably feasible: (15) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials (linen service containers, returnable crates and pallets, and other similar containers) Trash and recycling areas must be enclosed so that they are screened from public view. The enclosure shallEnclosures must be constructed of durable materials such as masonry and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be painted to match the enclosure and shall be properly maintained. (2) The amount of space provided for the collection and storage of shall be designed to accommodate collection and storage containers that are appropriate for the recyclable materials generated. Areas for storage of trash and recyclable materials shall Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials must be adequate in capacity size, number and distribution location to readily serve the development project. [2] reasonably anticipated needs of the development’s occupants. (31) All new commercial or multi-family structures and all existing commercial or multi-family structures proposed to be enlarged by more than twenty-five (25) percent, or where a change of use is proposed, shall provide adequate space for the collection and storage of refuse and recyclable materials.Development plans must include labeled drawings of all proposed enclosures, internal trash and recycling rooms, staging areas and the like and include all proposed dumpsters, containers, bins and other receptacles and label the capacity of each. Proposed recycling capacity must be at least fifty (50) percent of the proposed trash capacity. (43) Recyclable materials storage areas shall be located abutting refuse collection and storage areas.To provide equal access for trash, compostable and recyclable Packet Pg. 98 -3- materials, space allotted for the collection and storage of compostable/recyclable materials must be adequate in size and provided everywhere space for trash is provided in a functional manner. (8) The property owner shall supply and maintain adequate containers for recycling and waste disposal. Containers must be clearly marked for recycling. (54) Each trash and recycling enclosure shall be designed to allow walk-in access without having to open the main enclosure service gates.Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials must be designed to allow walk-in access for pedestrians separate from the service opening that is at least thirty-two (32) inches wide and provides unobstructed and convenient access to all dumpsters, containers, bins, and other receptacles. Where possible, pedestrian entrances are encouraged to provide door-less entry unless reasonable circumstances (preventing illicit activities/usage, regulated waste streams, and the like) are demonstrated that would necessitate doors. If doors are used, they must provide safe and efficient access. (6) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials must provide a service opening that is at least ten (10) feet for haulers to efficiently maneuver dumpsters, containers, bins and other receptacles unless an alternative and functional method is demonstrated on the plan. Enclosures must provide service gates unless an alternative and functional method is demonstrated on the plans that adequately screen the enclosure from view. Service gates must be constructed of metal or other comparable durable material, and must be finished to complement the enclosure. Service gates must be free of obstructions that would prevent them from opening fully, must have a method to be secured by hardware in both closed and fully open positions, and must be properly maintained so they may be operated easily and smoothly. (7) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials, must include bollards, angle-iron, curbing, metal framing or other effective method to protect the interior walls of the enclosure from being damaged by dumpsters, containers, bins, and other receptacles. (86) Enclosure areas shall be designed to provide adequate, safe and efficient accessibility for service vehicles.Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials must be designed to provide adequate, safe and efficient accessibility for haulers and service vehicles, including but not limited to front-load, rear-load, side-load, and roll off trucks and trucks used to pump waste cooking oil. Development plans must label the route the hauler will take to service the development and must Packet Pg. 99 -4- comply with necessary turning radii, width, and height restrictions for the type of collection vehicles that will service the development. (97) Enclosure areas shall be constructed on a cement concrete pad.To ensure wheeled service dumpsters, containers, bins and other receptacles can be rolled smoothly and to prevent damage to the surfaces they will be wheeled over, enclosures must be situated on a service pad that extends beyond the service gates at their fully open position at least the width of the widest proposed dumpster, container, bin and other receptacles plus an additional two (2) feet. If the truck access point is separated from the storage location, a serviceable route that is free of obstructions must be provided and shall not exceed a maximum grade of five (5) percent in the direction of travel and two (2) percent cross slope. Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials, service pads and serviceable routes must be constructed of cement concrete. For offsite conditions such as existing public alleyways, this standard will only apply to the extent reasonably feasible. (10) To provide equal access to trash and recyclable materials, multi-story buildings utilizing trash chutes must include a recycling chute of the same size or larger than the trash chute. Anywhere a trash chute is provided a recycling chute must also be provided adjacent to it. Chutes must be appropriately labeled “Landfill” and “Recycle” as appropriate. (11) Where proposed uses and future uses that are likely to occupy the development will generate waste cooking oil, internal waste cooking oil collection systems are encouraged. All areas used to store waste cooking oil must include measures to prevent spills and contamination of the stormwater system. Waste cooking oil containers must be secured in place, enclosed separately, or separated from other containers with bollards or another physical barrier. To prevent rain water from carrying residual waste cooking oil into the stormwater system, all areas used to store waste cooking oil must include a roof unless an alternative and functional method is demonstrated on the plans. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 100 -5- Passed and adopted on final reading on this 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 101 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Rick Bachand, Environmental Program Manager Mike Calhoon, Parks Supervisor Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 130, 2018, Amending Chapter 23 of the Code of the City of Fort Collins Regarding Parks, Trails, Recreation, and Natural Areas. EXECUTIVE SUMMARY The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect the current practices and procedures of the Natural Areas and Parks Departments. Various provisions are covered in these changes including permit processes, slacklining, structures, and updating definitions to reflect the City’s current organizational chart. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Code Articles IX and X of Chapter 23 (Public Property) establish prohibitions and outline the special use permit systems for natural areas and parks, trails and recreation areas. The recommended Code changes will ensure consistency between the Natural Areas and Parks Departments where similar or overlapping regulations are present. Various recreation activities have become more popular including slacklining. These updated provisions clarify that these activities are subject to regulation by the City in Parks and Natural Areas under the administration of the respective Department Director. The proposed Code changes will: • Transfer authority to issue special permits from the Service Area Director to the Natural Areas and Parks Directors; • Update the name of the “Colorado Division of Wildlife” to its current name “Colorado Parks and Wildlife Division”; • Clarify that ropes, hammocks, slacklines or other equipment may not be used in Natural Areas or Parks unless otherwise permitted; o Wikipedia describes slacklining as “the act of walking or balancing along a suspended length of flat webbing that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking”. • Clarify that tents (with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use) are considered a “structure” that may not be erected without permission. 9 Packet Pg. 102 Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS No financial impact is expected with the recommended Code changes. BOARD / COMMISSION RECOMMENDATION At its May 10, 2017, meeting, the Land Conservation and Stewardship Board voted 8-1 to recommend approval of the changes to Chapter 23, Article IX of City Code as proposed. PUBLIC OUTREACH Public outreach was not conducted as the recommended Code changes largely reflect administrative changes and updates. ATTACHMENTS 1. Land Conservation and Stewardship Board, May 2017 Minutes (PDF) 9 Packet Pg. 103 Land Conservation and Stewardship Board May 2017 Minutes ATTACHMENT 1 9.1 Packet Pg. 104 Attachment: Land Conservation and Stewardship Board, May 2017 Minutes (7247 : Natural Areas and Parks Changes to Chapter 23) 9.1 Packet Pg. 105 Attachment: Land Conservation and Stewardship Board, May 2017 Minutes (7247 : Natural Areas and Parks Changes to Chapter 23) 9.1 Packet Pg. 106 Attachment: Land Conservation and Stewardship Board, May 2017 Minutes (7247 : Natural Areas and Parks Changes to Chapter 23) -1- ORDINANCE NO. 130, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING PARKS, TRAILS, RECREATION, AND NATURAL AREAS WHEREAS, in 1999, the City Council adopted Ordinance No. 027, 1999, enacting certain requirements and regulations related to the use by the general public of the City’s natural areas, codified in Chapter 23, Article IX of the City Code; and WHEREAS, in 1999, the City Council adopted Ordinance No. 028, 1999, enacting certain requirements and regulations related to the use by the general public of the City’s parks, trails, and recreation areas, codified in Chapter 23, Article X; and WHEREAS, both sections of Code have subsequently been updated to address and clarify points of concern related to use by the general public of the City’s parks, trails, recreation, and natural areas; and WHEREAS, City staff has identified several aspects of these provisions to be updated and refined; and WHEREAS, making these changes to the Code provisions for both natural areas and parks will ensure consistency in how these provisions are administered and enforced; and WHEREAS, the City Council has determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City’s 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 Section 23-192 of the Code of the City of Fort Collins is hereby amended as follows: . . . Director shall mean the Director of the Natural Areas Department Community Services of the City. . . . Service Unit shall mean the Natural Areas Department. . . . Packet Pg. 107 -2- Section 3. That Section 23-193 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-193. - Prohibited acts; permits. (a) It shall be unlawful to: . . . (12) Fish in a natural area without a valid license as required by the Colorado Parks and Wildlife Division of Wildlife, or in violation of any requirements of the Colorado Parks and Wildlife Division of Wildlife, or possess a fish taken in violation thereof. . . . (b) Unless a sign has been posted by the Service Unit that the particular natural area or a portion thereof is open for such use, it shall be unlawful to: . . . (7) Affix to any object or use an affixed rope, line, or other similar equipment for the purposes of walking, jumping, crawling, sitting, lying, or balancing along a suspended or partially suspended plane between two objects. . . . (d) Except as authorized by a permit obtained for such use from the Service AreaUnit, it shall be unlawful to: . . . (8) Construct a structure or pitch a tent in a natural area. For purposes of this section, daytime use of a sun shelter erected and used for a few hours and removed before dusk for recreational purposes, shall not be considered a tent. . . . Section 4. That Section 23-202 of the Code of the City of Fort Collins is hereby amended as follows: . . . Director shall mean the Director of Parks Community Services. . . . Service Unit shall mean the Natural Areas Department. . . . Packet Pg. 108 -3- Section 5. That Section 23-203 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-203. - Prohibited acts; permits. (a) It shall be unlawful to: . . . (9) Fish in a recreation area without a valid license as required by the Colorado Parks and Wildlife Division of Wildlife, or in violation of any requirements of the Colorado Parks and Wildlife Division of Wildlife, or possess a fish taken in violation thereof. . . . (b) Unless a sign has been posted by the Service Unit that the particular recreation area or a portion thereof is open for such use, it shall be unlawful to: . . . (7) Affix to any object or use an affixed rope, line, or other similar equipment for the purposes of walking, jumping, crawling, sitting, lying, or balancing along a suspended or partially suspended plane between two objects. . . . Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 109 -4- Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 110 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Eric Keselburg, Compliance Supervisor Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of Fort Collins Regarding Abatement of Nuisances. EXECUTIVE SUMMARY The purpose of this item is to clarify a possible ambiguity under the current Code. Section 20-44 will be amended to clarify that the notification requirements of that section apply only to the abatement of nuisance properties. Without the change, the current Code could be interpreted to mean Code Enforcement Officers must provide a violation notice before issuing a citation and before abating a property. This change will clarify that providing notice to property owners applies only to abatement, and not to the issuing of citations. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 20-44 could be read to require Code Enforcement Officials to provide a five-day notice before issuing citations. That conflicts with the changes made by the City Council in June, providing for immediate citations to be issued for nuisance violations. Although 20-44 is intended to be only for when the City wishes to abate a nuisance property, the language should be clarified to ensure immediate citations can issue, regardless of the abatement provisions. 10 Packet Pg. 111 -1- ORDINANCE NO. 131, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING ABATEMENT OF NUISANCES WHEREAS, on December 19, 2006, the City Council adopted Ordinance No. 198, 2006, (the “Original Ordinance”) amending Chapter 20 of the City Code to establish a civil infraction for many violations of City Code previously considered misdemeanors; and WHEREAS, the Original Ordinance made mandatory the issuance of a notice of violation before a civil citation could be issued, with a single exception that allowed for the immediate issuance of a citation for “a threat to the public health, safety, or welfare”; and WHEREAS, since the adoption of the Original Ordinance, many exceptions have been added to the Code, permitting Code Enforcement Officers to immediately issue civil citations for various offenses; and WHEREAS, those exceptions have provided flexibility and have proven effective for Code Enforcement Officers; and WHEREAS, on June 19, 2018, the City Council adopted Ordinance No. 072, 2018, which gave Code Enforcement Officers the ability to issue citations immediately, without having to provide notice; and WHEREAS, City Code Section 20-44 requires notice to nuisance property owners when the City wishes to abate certain nuisances; and WHEREAS, the City Council desires to clarify that the notice provision in City Code Section 20-44 only applies to the abatement of nuisances, not to issuing citations; and WHEREAS, the City Council has determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City’s 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 Section 20-44 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 20-44. Notice of violation; removal authority and procedure; assessment lien on property. Packet Pg. 112 -2- (a) In addition to any other provision in this Code pertaining to the issuances of civil citations or summonses for violations of this Chapter, the Neighborhood Services Manager and any officer, as such is defined in § 19-636, are authorized and directed to give notice to any owner and occupant whose property, open area, ditch or right-of-way is being kept or maintained in violation of the provisions of this Article. (1) Such notice may be personally served upon such person or, if not personally served, shall be deposited in the United States mail, addressed to the occupant and owner of record at the address on the assessment roll of the County Assessor or at such other, more recent address as may be available to the City, or with respect to notice to occupants, at the address of the property so occupied. (2) The notice shall state that, if the property, open area, ditch or right-ofr- way has not been brought into compliance with this Article on or before five (5) days from the date of such notice, a civil citation will issue and the abatement of the nuisance will be done by the City and any costs of abatement, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and the costs for carrying charges and costs of administration will be charged against the property, open area, ditch or right-of-way, in addition to any other penalty and costs, or orders that may be imposed. (3) With respect to rubbish only, the notice shall also state that, if said owner desires a hearing before the Referee to contest the declaration of nuisance and/or the removal, such owner shall request such hearing in writing to the Neighborhood Services Manager within five (5) days of mailing of the notice and shall further state that, if a request for such hearing is made, the City will remove the rubbish in accordance with Subsection (b) below and will store the material pending the holding of the hearing and the determination therefrom. (4) The notice shall further state that if no request for such hearing is timely filed, the City will remove the rubbish in accordance with Subsection (b) below and shall destroy or otherwise dispose of the rubbish. . . . Packet Pg. 113 -3- Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 114 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 132, 2018, Deciding Whether to Approve the Addition of a Permitted Use for 200 East Swallow to Allow Professional Office as a Use, APU 180001. EXECUTIVE SUMMARY The purpose of this item is to consider the recommendation of the Planning and Zoning Board to approve, with conditions, the request for an Addition of Permitted Use (APU) for a Professional Office at 200 East Swallow Road, located in the Low Density Residential (R-L) zone district, and being made in conjunction with Minor Amendment MA180050. The APU would allow 100% of the house to be used for a professional office versus 50% which is allowed under the Home Occupation License. Approval of this item as part of the consent agenda represents approval of the requested APU pursuant by ordinance. If this item is pulled from the consent agenda and Council votes to deny the APU, staff will present an ordinance to deny the APU at the next regular Council meeting. STAFF RECOMMENDATION Staff recommends approval of the 200 East Swallow Road Professional Office Addition of Permitted Use, subject to six conditions. BACKGROUND / DISCUSSION This is a request to allow a Professional Office as a legal land use within the existing house at 200 East Swallow Road. The request is to use 100% of the house for a Professional Office versus the 50% which is allowed under the Home Occupation License. Professional Office is defined as: “an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.” The house is 2,782 square feet and located on a lot that is 9,821 square feet and part of Thunderbird Estates. As an Addition of Permitted Use, the underlying zoning would remain Low Density Residential (R-L) but only Professional Office would be added as an allowable land use, and no other uses, over and above the permitted uses in the R-L. Currently, 50% of the house is being used as a Home Occupation. The applicant has held the two required neighborhood information meetings. Compliance with APU Criteria In order to grant an APU, the proposal must meet a set of criteria outlined in Section 1.3.4(C)(1) of the Land Use Code. The project complies with these criteria as follows: 11 Packet Pg. 115 Agenda Item 11 Item # 11 Page 2 A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added. It is important to emphasize that while Professional Office is not a permitted primary use in the R-L, it is a specifically permitted use subject to the restrictions pertaining to Home Occupations per Section 3.8.3 of the Land Use Code. Since Professional Office is an allowable use as a Home Occupation, it is informative to compare and contrast the relative similarities and differences between a Professional Office allowed as a Home Occupation and that which would be allowed as an Addition of a Permitted Use. Section 3.8.3 of the Land Use Code states: “A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met:” (1) Such use shall be conducted entirely within a dwelling and carried on by the inhabitants of the dwelling with not more than one (1) additional employee or co-worker. The hours of operation during which clients, customers, employees or co-workers are allowed to come to the home in connection with the business activity are limited to between 8:00 a.m. and 6:00 p.m. Monday through Saturday. The APU would be comparable in that the use would be conducted entirely within the dwelling. But, in contrast, the APU would be allowed to be conducted by non-inhabitants of the dwelling with more than one additional employee. The APU would be comparable, based on the recommended condition of approval, to match the limitation on the allowable days and hours of operation. (2) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. The APU, by definition, would be in contrast in that the Professional Office would the primary use. But, in comparison, the APU would not change the overall residential character of the dwelling primarily due to the prohibition on structural additions. (3) The total area used for such purposes shall not exceed one-half (½) the floor area of the user's dwelling unit. The APU, in contrast, would occupy 100% of the floor area of the dwelling. (4) There shall be no exterior advertising other than identification of the home occupation. The APU, would be comparable, based on the recommended condition of approval, to match the maximum signage as allowed for a Home Occupation. (5) There shall be only incidental sale of stocks, supplies or products conducted on the premises. The APU, would be comparable, based on the recommended condition of approval, to be similarly restricted with regard to sales being incidental only. (6) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation. The APU, would be comparable, based on the recommended condition of approval, to be similarly restricted with regard to exterior storage of material or equipment. 11 Packet Pg. 116 Agenda Item 11 Item # 11 Page 3 (7) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. The APU, would be comparable, based on the requirement to comply with Section 1.3.4(C)(1)(d). (8) A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation. The APU would be comparable since there are six off-street parking spaces in the driveway (not including the three-car garage). (9) In particular, a home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met: (a) art studio; (b) dressmaking or millinery work; (c) professional office; (d) office for insurance or real estate sales; (e) teaching; The APU would comply since it is a request specifically for a Professional Office. (10) A home occupation shall not be interpreted to include the following: (a) animal hospital; (b) long- term care facility; (c) restaurant; (d) bed & breakfast; (e) group home; (f) adult-oriented use; (g) vehicle repair, servicing, detailing or towing if vehicles are: 1. dispatched from the premises, or 2. are brought to the premises, or 3. are parked or stored on the premises or on an adjacent street. (h) medical marijuana businesses ("MMBs"), as defined in Section 15-452 of the City Code; (i) retail marijuana establishment as defined in Section 15-603 of the City Code; (j) short term primary rentals and short term non-primary rentals. The APU would comply in that it would not allow for any of these non-permitted uses. In summary, as can be seen by the compare and contrast analysis, and based on the recommended conditions of approval, the only areas of contrast between a Professional Office as a Home Occupation and as an Addition of Permitted Use are: • The APU would be allowed to be conducted by non-inhabitants of the dwelling with more than one additional employee. • The Professional Office would be the primary use. • The APU would occupy 100% of the floor area of the dwelling. In terms of the Professional Office being appropriate in the R-L zone, the property is a corner lot and is at the most southwest point of the neighborhood and across the street from the C-G zone to the west and southwest, and the M-M-N zone to the south. Being a corner lot, the west side of the property faces Remington Street. With the off-street parking spaces located along Remington Street, the block face along Swallow remains undisturbed. Any new traffic associated with a professional office, therefore, would be on the commercial-facing side of the property. The applicant has indicated there will be no structural additions to the house and the hours of operation will be limited to normal business hours. These restrictions will be documented as recommended conditions of approval. The scale of the request is to increase the square footage of the non-residential aspect from 50% to 100% of the dwelling or from 1,391 square feet to 2,782 square feet. With the location being at the corner of two collector streets, and being one block from S. College Avenue, and one block from the Foothills Mall, a full-house conversion to professional office would continue to blend in with the neighborhood. The applicant indicates that a variety of Home Occupations have been licensed at this address over the last 35 years. As noted, these include pet grooming for 25 years as well as massage therapy, 11 Packet Pg. 117 Agenda Item 11 Item # 11 Page 4 internet sales, and health care transportation services. City zoning records indicate these uses operated without complaint. Staff concludes that a professional office, located within a 2,782 square foot existing house, at this location, would be compatible with the surrounding neighborhood and appropriate within the R-L zone, subject to the recommended conditions of approval. These conditions call for no structural additions and reflect the limitations associated with a Home Occupation and address the days and times of business activity, signage, incidental sales and exterior storage. B. Section 1.3.4 (C)(1)(b) - Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added. Per section 4.4(A) of the Land Use Code, the purpose of the R-L zone is, “…for predominately single- family residential areas located throughout the City which were existing at the time of adoption of this Code.” The R-L zone precedes the adoption of City Plan and the Land Use Code in 1997. It was held over as a zone district for existing neighborhoods for the primary purpose of being exempt from being rezoned into any of the new zones created under City Plan. As such, the R-L zone represents the status quo and is not envisioned to be rezoned to L-M-N, Low Density Mixed-Use Neighborhood or M-M-N, Medium Density Mixed-Use Neighborhood without the benefit of a major policy shift such as the adoption of a Subarea Plan or City Plan revision. The request for an APU is specifically not a rezoning. For 200 E. Swallow, the underlying R-L zone will remain in place and, as proposed, only Professional Office would be allowed within the house. The basic characteristic of the R-L zone is an established neighborhood of existing single family detached homes. With the proposed APU, this basic characteristic does not change. In fact, the recommended conditions of approval would render the APU to be as close to complying with the Home Occupation standards as feasible. Further, the APU would also be conditioned to preclude any structural additions. Staff concludes, therefore, that the APU conforms to the basic characteristics of the R-L zone. C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. The proposed use, confined to the inside of the existing house, performs in such a way as to preserve the residential character of the property. The parking would continue to be located along the side of the property, facing the C-G zone, thus preserving the character of the block face along E. Swallow Road. All existing, mature landscaping would remain. Since an office use is conducted entirely indoors, there would be no outside impacts associated with the proposed conversion. Staff concludes, therefore, that the location, size and design of the Professional Office would be compatible with and have minimal negative impact on the use of nearby properties. D. Section 1.3.4(C)(1)(d) - Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi- public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added Other permitted uses in the R-L include: • Places of worship or assembly; • Group Homes; • Public and private schools for elementary, intermediate and high school education; and • Child care centers. 11 Packet Pg. 118 Agenda Item 11 Item # 11 Page 5 Professional Offices do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the R-L zone district. E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area As mentioned, the predominant character of the surrounding area is that of an established, residential neighborhood to the north and east but commercial to the west and a mix of residential and a shopping mall to the south. In the general area, there are a number of residential structures that have been partially or fully converted to non-residential land uses that could be viewed as comparable to the APU request for 200 E. Swallow Road: Address Use 2224 S. College Tailor/Alterations 2212 S. College Natural Path Healing 2200 S. College Chiropractor 2504 S. College Salon 2536 S. College Salon 116 E. Drake Cleaning Service 123 E. Drake Dog Grooming and Salon 121 E. Swallow Mixed-Use (commercial and residential above) 200 E. Swallow Heart and Soul Paratransit 3100 S. Remington Hearing Clinic 217 E. Swallow Poudre School District - Life Skills Training School 301 E. Swallow Tailor/Alterations 601 E. Swallow Spinal and Fitness Clinic As can be seen, the area includes a variety of existing businesses that operate out of residential structures. Adding Professional Office to 200 E. Swallow Road will not change the predominant character of the area. Staff concludes, therefore, that a Professional Office at 200 E. Swallow Road would not change the predominant character of the surrounding area. F. Section 1.3.4(C)(1)(f) - Such use is compatible with the other listed permitted uses in the zone district to which it is added As can be seen by the examples listed on the previous section, a professional office in an established R-L neighborhood is compatible with the residential character but only if the office is contained within a residential structure such as 200 E. Swallow Road and conditioned to comply with the Home Occupation standards to the extent reasonably feasible. Staff concludes, therefore, that a Professional Office at 200 E. Swallow Road would be compatible with the other listed permitted uses in the R-L zone. G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review 11 Packet Pg. 119 Agenda Item 11 Item # 11 Page 6 Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on June 20, 2018 prior to submittal of a development application. Staff convened a second neighborhood meeting on August 9, 2018, after the first round of staff review. H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code The proposed use a Professional Office, not a medical marijuana business. CITY FINANCIAL IMPACTS There no City financial impacts associated with this request. BOARD / COMMISSION RECOMMENDATION On September 20, 2018, the Planning and Zoning Board voted 7-0 to recommend that Council approve, with six conditions, the request for 200 E. Swallow Road Professional Office APU. Staff recommends approval with five conditions as follows: A. The APU is conditioned on City Council approving the request per Section 1.3.4(G) of the Land Use Code. B. The APU is conditioned such that there must not be any structural additions to the house. C. The APU is conditioned such that the business activity is limited to between 8:00 a.m. and 6:00 p.m. Monday through Saturday. D. The APU is conditioned such that the maximum signage is equal to that allowed for a Home Occupation. E. The APU is conditioned such that with regard to retail sales, there shall be only incidental sale of stocks, supplies or products in association with the Professional Office. F. The APU is conditioned such that there must be no exterior storage on the premises of material or equipment used as part of the Professional Office. PUBLIC OUTREACH Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal of a formal development application with the City and one must be held after the first round of staff review. As noted, the applicant held the first neighborhood meeting on June 20, 2018 at Christ United Methodist Church. After this meeting, the applicant submitted their development application with the City on July 3, 2018. After the first round of review, the applicant held the second neighborhood meeting on August 9, 2018. A variety of concerns were raised but have been adequately addressed by the recommended conditions of approval. ATTACHMENTS 1. Vicinity Map (PDF) 2. Aerial Map (PDF) 3. Applicant Narrative (PDF) 4. First Neighborhood Meeting Summary (PDF) 5. Second Neighborhood Meeting Summary (PDF) 6. Site Photos (PDF) 11 Packet Pg. 120 «¬287 Frontage Rd Del Clair Rd Linda Ln Remington St Tulane Dr E Foothills Pkwy A n n a b e l L n P h o e n i x D r R u t h S t Harvard St W Harvard St Mathews St W Foot h i lls Pkwy E Swallow Rd Frontage Rd E Swallow Rd W Swallow Rd S College Ave © 200 E Swallow Rd. VicinityUse - Addition Map of Permitted 1 inch = 250 feet Site ATTACHMENT 11.1 1 Packet Pg. 121 Attachment: Vicinity Map (7212 : 200 E Swallow APU) «¬287 Frontage Rd Del Clair Rd Linda Ln Remington St Tulane Dr E Foothills Pkwy A n n a b e l L n P h o e n i x D r R u t h S t Harvard St W Harvard St Mathews St W Foot h i lls Pkwy E Swallow Rd Frontage Rd E Swallow Rd W Swallow Rd S College Ave © 200 E Swallow Rd. VicinityUse - Addition Map of Permitted 1 inch = 250 feet Site ATTACHMENT 11.2 2 Packet Pg. 122 Attachment: Aerial Map (7212 : 200 E Swallow APU) 200 E. Swallow Road Request for an Addition of Permitted Use To Allow for Professional Office As proposed, this is a request to allow a Professional Office as a legal land use within the existing house at 200 East Swallow Road. The request is to use 100% of the house for a Professional Office versus the 50% which is allowed under the Home Occupation License. Professional Office is defined in the City of Fort Collins Land Use Code as: “...an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.” The request to consider a Professional Office at 200 E. Swallow Road is processed under the procedures of the City’s Land Use Code as an Addition of Permitted Use. This is not a request to rezone the property to a higher classification of zone district where Professional Office is a use-by-right. Instead, as an Addition of Permitted Use, the underlying zoning would remain Low Density Residential (R-L) but only Professional Office would be added as an allowable land use, and no other uses, over and above the permitted uses in the R-L are being considered. The house is located at the northeast corner of E. Swallow Road and Remington Street. The front of the house faces south along Swallow Road and the driveway and garage are along Remington Street. The house contains 2,782 square feet and was built in 1969. There is a possibility that the garage may be converted to living space for additional floor area. A variety Home Occupations have been licensed at this address over the last 35 years. These include pet grooming for 25 years as well as massage therapy, internet sales, and health care transportation services. This list includes: • 1978 – 2003: Dog grooming business; • 2003 – 2004: Ham radio operator business; • 2004 – 2007: Alternative Body Solutions with Massage Therapy; • 2009 – 2010: Karate Studio; • 2012 – 2014: Internet Sales; and • 2016 to Present: Para-transit Service. ATTACHMENT 11.3 3 Packet Pg. 123 Attachment: Applicant Narrative (7212 : 200 E Swallow APU) Although the property is zoned R-L, it is located at the very southwest corner of Thunderbird Estates neighborhood. Across Remington Street to the west, the zoning is C-G, General Commercial with two-story office buildings that front on South College Avenue, State Highway 287. 200 E. Swallow Road is one block east of South College Avenue. Across Swallow Road to the south, the zoning is Medium Density Mixed-Use Neighborhood (M-M-N) with a mix of offices and multi-family and single family development. South of these lots is the Foothills Mall. Along Stanford Road, between Swallow Road and Monroe Drive, Cycle Apartments is under construction consisting of 402 dwelling units on 12 acres which results in a density of 33.5 dwelling units per acre. I conducted a windshield survey of houses with small businesses residing in them within about one-half radius of my property and these are the results I came up with: One Swallow Road: • Destiny Spinal Fitness Center • Hearing Center • Sewing Room • School for Handicap Children and Young Adults. On College Avenue Frontage Road: • Angela’s Beauty Salon • Palmer School of Design • Dave’s Place • Northwest Real Estate • Fort Collins Tailor • The Natural Path • Dr. T. Stallings, Chiropractor. Traffic on Swallow Road, a collector street, has grown over the years. Data obtained from Steve Gilchrist, Traffic Engineering Technician include the following traffic counts: • 2010: EB, 3,284; WB, 3,083; total = 6,367; • 2013: EB, 2,941; WB, 3,332; total = 6273; • 2016: EB, 4,179; WB, 4 140; total = 8,319. The data indicate there have been changes in the land use and traffic conditions over the last several years. Traffic counts will likely be higher given the redevelopment of the mall and the 402 apartments. ATTACHMENT 11.3 3 Packet Pg. 124 Attachment: Applicant Narrative (7212 : 200 E Swallow APU) There is an advantage with the house being located at the corner of two public streets. Along Remington, there is a separate entrance for the professional office. Also, there are six off-street parking spaces along Remington Street. With this side of the house facing the office park to the west, this is where the any activity associated with the office will occur. Along Swallow, however, the house will continue to feature a residential character with a typical front door and mature landscaping. These attributes will not change thus contributing to the residential neighborhood character. The office activity will be oriented to the west which, as noted, is one block east of South College Avenue. I am willing to commit to that as part of this application, there would be no additions to the house and to limit hours of operation to typical office hours. A future owner may desire to convert the three-car garage into living area but this would not be considered a structural addition and not a part of my plans. It appears the Request for an Addition of Permitted Use for Professional Office within the existing house at 200 E. Swallow would have minimal negative impact on the surrounding neighborhood and would comply with the criteria of Section 1.3.4 of the City’s Land Use Code which governs the Addition of Permitted Use process. As a resident from 2004 to the present, I have observed a dynamic economic improvement in the Midtown Corridor. The prime examples are the re-development of the Foothills Mall along with Cycle Apartments, 400 new units along Stanford Road. Other re-development includes, Conn’s Appliance, Trader Joe’s and Sierra Trading Post. A new age-restricted multi-family building is under construction at the intersection of Horsetooth Road and Stanford Road. Also, the vacant K-Mart is anticipated to be demolished and replaced with a new King Soopers. Even the two office buildings across Remington Street, 3000 and 3030 S. College Avenue have been recently renovated. A new class of tenants is improving and urbanizing what used to be strip commercial along a state highway. These economic trends support consideration by the Planning and Zoning Board to realize my property is a prime location for a small professional office building. Small local businesses prefer to be in a highly visible area, have a community feel with easy access for their clients. The first of two required neighborhood information meetings was held on Wednesday, June 20, 2018 at the Christ United Methodist Church at 301 E. Drake Road. The second neighborhood was held after the request is submitted to the City’s Planning ATTACHMENT 11.3 3 Packet Pg. 125 Attachment: Applicant Narrative (7212 : 200 E Swallow APU) Department and after the first round of review in the development review process and prior to the Planning and Zoning Board public hearing. Accordingly, this second meeting was held on August 9, 2018 at the same location. The development review process requires that the request must first be considered by the Planning and Zoning Board which then makes a recommendation to the City Council which has final authority. At both neighborhood meetings, I reminded the attendees that both of these hearings are open to the public and that written notification will be provided for the Planning and Zoning Board hearing at the time the item is scheduled. Thank you for consideration in this matter. Sincerely: Susan Brabson ATTACHMENT 11.3 3 Packet Pg. 126 Attachment: Applicant Narrative (7212 : 200 E Swallow APU) 200 E Swallow Road Neighborhood Meeting June 20, 2018 Initial Questions: • Traffic • Noise • Parking Process: Applicant needs to present a significant case to support request. Does the APU follow the deed? • No – it is a Use issue, not ownership What other businesses are on the block? • South side of Swallow different zoning If the permitted use changes, what future options are available? • Special conditions set with approval • Amendments need to be applied for and subsequent process. – Case by case basis • If APU not used (owner turn house back into full residential with no Home Occupation as current, then APU expires 24 months from change to full residential. How does change effect • Property values o Most likely will not have an either a positive or negative effect. • Other close proximity properties with same type of request o Case by case basis. One concern (negative) – not being a residential property at all will leave it unattended at night. It is a “gateway” to the neighborhood. Will there be different standards for building appearance? • No. • Signage still limited to 2x2 size. How many requests of this type over the years? • In the last 10 years, there have been 19 approved requests. • Will research data to see how many requests were received and denied or withdrawn. Send info to meeting attendees. What is the owners intent if this is approved? • No immediate changes. o Current tenant has handicap van service. They are outgrowing the space, so potential for tenant change in near future, but nothing specific intended for replacement. • Owner intends to keep the “residential” look and feel. ATTACHMENT 11.4 4 Packet Pg. 127 Attachment: First Neighborhood Meeting Summary (7212 : 200 E Swallow APU) How does the City monitor uses? • Zoning inspects on complaint basis only. o Process described by Ted. Next steps: • Owner to submit formal application for review. • Following 1st round staff review, another neighborhood meeting will be held. Are there any limitations of # of employees with APU? • Would this request with criteria, lend discretion to capping # of employees allowed? o Susan to research and respond. ATTACHMENT 11.4 4 Packet Pg. 128 Attachment: First Neighborhood Meeting Summary (7212 : 200 E Swallow APU) SECOND NEIGHBORHOOD INFORMATION MEETING PROJECT: 200 E. Swallow Road LOCATION: Christ United Methodist Church, 301 E. Drake Road DATE: August 9, 2018 APPLICANT: Ms. Susan Brabson CITY STAFF: Ted Shepard, Chief Planner Project Description As proposed, this is a request to allow a Professional Office as a legal land use within the existing house at 200 East Swallow Road. The request is to use 100% of the house for a Professional Office versus the 50% which is allowed under the Home Occupation License. Professional Office is defined as: “an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.” The request for a Professional Office at 200 E. Swallow Road will be considered as an Addition of Permitted Use. This is not a request to rezone the property to a higher classification of zone district where Professional Office is a use by right. Instead, as an Addition of Permitted Use, the underlying zoning would remain Low Density Residential (R-L) but only Professional Office would be added as an allowable land use, and no other uses, over and above the permitted uses in the R-L. A request for an Addition of Permitted Use in the R-L zone requires two neighborhood information meetings. Unless otherwise noted, all responses are from the applicant. 1. Why are you doing an Addition of Permitted Use (APU)? A. I would like to take advantage of being located one block east of S. College Avenue and offer the house to a small firm that is interested in having a Professional Office at this location. The request is not to expand my in-home occupation from 50% of the living area of the house to 100%. At some point, my son and I will move the business so this request is for a future condition. I see an advantage and locational attributes of the property being at the corner of Remington Street and Swallow Road. Across Remington to the west, there are two-story office buildings that front on South College Avenue. Across Swallow to the south, there are a variety of mixed-use buildings. I see our house as a nice opportunity for a small office to set up shop for professional offices such as ATTACHMENT 11.5 5 Packet Pg. 129 Attachment: Second Neighborhood Meeting Summary (7212 : 200 E Swallow APU) accounting firms, tax preparers, lawyers, chiropractors, and other types of services for small business owners who may not want to pay the lease rates that are charged for being in commercial buildings. 2. And you would limit these uses to professional office? B. Yes, a professional office would be a quiet use and not generate much traffic. On evenings and weekends, there would be little to no traffic at all. 3. And you are stating that there would be no building additions? A. Yes, that’s correct. I am willing to stipulate that there would be no building additions. 4. The driveway and parking spaces would remain where they are? A. Yes, the driveway would continue to take access off Remington only. 5. What happens if this request is approved but then later we have a problem with a professional office user? A. Response from City Planner: This would be no different from how we approach other zoning and land use issues – we would investigate any transgressions on a complaint basis. The City has Zoning Inspectors who can be called to a property to make sure that the conditions of the zoning and land use approval are being observed. If a violation is found, then the Zoning Inspector can initiate a violation procedure. 6. You are presently operating under a Home Occupation License? A. Yes, my son and I are running a small business as a Home Occupation and we are limited to using no more than 50% of the house square footage. 7. I’m concerned about the office user closing up at 5:00 p.m. and having a dark house in the neighborhood. A. I understand your concern. I would think that with being only one block from S. College Avenue and in close proximity to the Foothills Mall, that there would be enough activity in the area such that one dark house after 5:00 p.m. would not cause a safety problem for the neighborhood. 8. What about setting a precedent? How would the City be able to say no if the house next door came in for a professional office? A. Response from City Planner: Every project that is submitted to the Planning Department must stand on its own. We do not rely on precedent in evaluating, ATTACHMENT 11.5 5 Packet Pg. 130 Attachment: Second Neighborhood Meeting Summary (7212 : 200 E Swallow APU) reviewing and making recommendations on individual projects. The fact that this particular property sits on the corner of two collector streets renders it unique relative to the immediate surrounding parcels such that no precedent would be established. 9. I live next door to the east. If this APU proceeds, would it be possible to replace the existing chain link fence with a solid wood fence? A. Yes, I would consider changing out the fence. 10. As you know, there are 400 new apartments being constructed along Stanford Road and the traffic on Swallow Road has become heavier. In addition, the D.M.V. office is across Remington Street and a Mall entrance is across Swallow Road. I’m concerned that your request will add traffic congestion in the area. I see where eastbound traffic at the signal on College is stacked back on Swallow to Remington. The traffic associated with your project may cause further congestion at the Swallow / Remington intersection. A. Yes, we’ve all noticed the heavier traffic due to the new apartments. Keep in mind my house is only 2,782 square feet which seems like any new traffic associated with a professional office seems minor when compared to the amount of background traffic in the immediate area. 11. Would you or your son take advantage of the APU and enlarge the existing business? A. This is not our plan. We are comfortable as we currently operate as a Home Occupation. In the future, however, we are interested in selling the property to a professional office user as we see the house and location as a perfect location for a small office business. ATTACHMENT 11.5 5 Packet Pg. 131 Attachment: Second Neighborhood Meeting Summary (7212 : 200 E Swallow APU) SITE PHOTO #1 ATTACHMENT 11.6 6 Packet Pg. 132 Attachment: Site Photos (7212 : 200 E Swallow APU) SITE PHOTO #2 ATTACHMENT 11.6 6 Packet Pg. 133 Attachment: Site Photos (7212 : 200 E Swallow APU) SITE PHOTO #3 ATTACHMENT 11.6 6 Packet Pg. 134 Attachment: Site Photos (7212 : 200 E Swallow APU) SITE PHOTO #4 ATTACHMENT 11.6 6 Packet Pg. 135 Attachment: Site Photos (7212 : 200 E Swallow APU) SITE PHOTO #5 ATTACHMENT 11.6 6 Packet Pg. 136 Attachment: Site Photos (7212 : 200 E Swallow APU) SITE PHOTO #6 ATTACHMENT 11.6 6 Packet Pg. 137 Attachment: Site Photos (7212 : 200 E Swallow APU) SITE PHOTO #7 ATTACHMENT 11.6 6 Packet Pg. 138 Attachment: Site Photos (7212 : 200 E Swallow APU) -1- ORDINANCE NO. 132, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS, APPROVING THE ADDITION OF A PERMITTED USE FOR 200 EAST SWALLOW TO ALLOW PROFESSIONAL OFFICE AS A USE, APU 180001 WHEREAS, Addition of Permitted Use 180001 (“APU180001”) proposes the addition of professional office as an allowed use for the parcel located at 200 E Swallow Road, parcel number 9725225019, (the “Property”) located in the Low Density Residential zone district (“R-L zone”); and WHEREAS, professional office is not a permitted use in the R-L zone; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), and in satisfaction of such requirement, two neighborhood meetings were held regarding the APU with the first meeting held prior to the submittal of the development application on June 20, 2018, and the second meeting held after submittal of the development application and completion of the first round of staff review on August 9, 2018; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(h), and in satisfaction of such requirement, the proposed use is not a medical marijuana business as defined in City Code Section 15-452 or a retail marijuana establishment as defined in City Code Section 15-603; and WHEREAS, pursuant to LUC Section 1.3.4(C)(3)(c), and in satisfaction of such requirement, professional office is not specifically listed as a prohibited use in the R-L zone; and WHEREAS, pursuant to LUC Section 1.3.4(C)(3), the Planning and Zoning Board (“P&Z”) shall make a recommendation to Council regarding the APU and at its September 20, 2018, regular meeting, P&Z held a hearing on the APU and recommended to Council by a vote of 7 to 0 that Council approve the APU with conditions as further described below; and WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further described below, that must be satisfied for Council to approve the APU. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council, after considering the P&Z recommendation, hereby approves the requested APU to add professional office as a use specifically limited to the Parcel located in the R-L zone. Section 3. That the Council imposes the following condition or conditions of approval: Packet Pg. 139 -2- (1) No structural additions may be made to the existing house on the Property. (2) Business activity on the Property is limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday. (3) The maximum signage allowed on the Property is limited to that allowed for a Home Occupation. (4) Retail sales on the Property shall be limited to the incidental sale of stocks, supplies, or products in association with the professional office. (5) No exterior storage of material or equipment associated with the professional office shall be allowed on the Property Section 4. That the Council, based on the evidence and information provided to the Council in this matter makes the following findings of fact and conclusions of law: (1) The APU, when subject to the conditions set forth above, satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows: (a) Such use is appropriate in the R-L zone. (b) Such use conforms to the basic characteristics of the R-L zone and the other permitted uses in the R-L zone. (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. (d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the R-L zone. (e) Such use will not change the predominant character of the surrounding area. (f) Such use is compatible with the other listed permitted uses in the R-L zone. (g) The LUC requirement for two neighborhood meetings regarding the APU was fulfilled with the first meeting held prior to the submittal of the development application on June 20, 2018, and the second meeting held Packet Pg. 140 -3- after submittal of the development application and completion of the first round of staff review on August 9, 2018. (h) Such use is not a medical marijuana business as defined in City Code Section 15-452 or a retail marijuana establishment as defined in City Code Section 15-603. (2) The APU is not detrimental to the public good; (3) The APU complies with the applicable requirements and criteria contained in LUC Section 3.5.1; and (4) The APU is not specifically listed as a "prohibited use" in the R-L zone. Section 5. Unless otherwise specified as a condition of approval of the APU, any changes to the use or to its location, size, and design, in a manner that changes the predominant character of or increases the negative impact upon the surrounding area, will require the approval of a new addition of permitted use under the LUC. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 141 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Mark Kempton, Water Production Manager Eric Potyondy, Legal SUBJECT Resolution 2018-105 Authorizing the City Manager to Execute an Agreement with the City of Greeley and the Water Supply and Storage Company Regarding a Dam Breach Flood Inundation Mapping Study. EXECUTIVE SUMMARY The purpose of this item is to receive authorization for the City Manager to execute an agreement with the City of Greeley (“Greeley”) and the Water Supply and Storage Company (“WSSC”) to perform a dam breach inundation mapping study for several reservoirs in the upper Cache la Poudre River basin, including two owned by the City of Fort Collins. Fort Collins is collaborating with Greeley and WSSC to perform this State- required mapping on a total of ten reservoirs in the upper Cache la Poudre River basin. A consultant has been selected who will contract directly with Greeley, while Fort Collins and WSSC will be invoiced by Greeley for the portions of the work that affect their respective reservoirs. Fort Collins is saving considerable funds by collaborating with Greeley and WSSC to perform modelling and mapping on ten reservoirs versus modelling each reservoir individually. Each entity is also saving costs by applying for a grant from the State of Colorado that covers 50% of the costs of the project. STAFF RECOMMENDATION Staff recommends the adoption of the Resolution. BACKGROUND / DISCUSSION Fort Collins owns two water storage reservoirs in the upper Cache la Poudre River basin: Joe Wright Reservoir and Halligan Reservoir. Both reservoirs are subject to the regulations of the State of Colorado’s Office of Dam Safety, which requires that all high hazard dams have an approved dam breach inundation map showing the limits of the flooding associated with a failure of the dam under certain conditions. The City’s reservoirs are considered to have “high hazard dams” under State regulations because they are dams “for which loss of human life is expected to result from failure of the dam,” which does not mean that failure is actually anticipated at this time. The maps are an integral part of the Emergency Action Plans for all high hazard dams and they allow emergency services personnel to provide adequate warning of potential flooding. Greeley and WSSC also own a total of eight dams in the upper Cache la Poudre River basin, all of which are subject to the same mapping requirements. The current inundation maps for the dams were prepared in the 1970s and are outdated. Fort Collins, Greeley, and the WSSC have collaborated to have Greeley issue a Request for Proposals (“RFP”) for a consultant to perform the modeling and inundation mapping for all ten dams. Greeley issued the RFP in August 2018 and received ten responses. A selection committee comprising of Fort Collins, Greeley, and WSSC staff selected a single consultant to contract directly with Greeley. Upon receipt of invoices from the consultant, Greeley will invoice Fort Collins for its portion of the work. An agreement between Greeley, WSSC, and Fort Collins is necessary to set the terms of the financial and operational parameters of the project. 12 Packet Pg. 142 Agenda Item 12 Item # 12 Page 2 The collaboration between the three partners will provide cost saving through the elimination of duplicate modeling efforts for each dam. All the dams will share a single model, rather than paying consultants to prepare ten separate models. The State of Colorado will also hopefully provide grant funding to pay for 50% of the project cost, providing considerable cost savings to the project partners. CITY FINANCIAL IMPACTS Fort Collins is saving considerable costs through efficiencies of modelling and mapping the entire length of the Poudre Canyon once rather than for multiple dams. Fort Collins will also hopefully save 50% of the project costs through the grant from the State of Colorado. It is anticipated that the City’s total cost for the project will be approximately $17,000 after accounting for the anticipated grant. The City’s total cost would be approximately $24,000 without the grant. Funds have been appropriated in the Water Production Division Operations and Maintenance budget to cover the cost of the study. BOARD / COMMISSION RECOMMENDATION The agreement was not presented to the Water Board due to the short timeframe needed to submit the materials to the State of Colorado for the grant. PUBLIC OUTREACH No public outreach was performed as part of this agreement. The final mapping products are for emergency planning use only and are typically not released as public information due to their high security impacts. 12 Packet Pg. 143 -1- RESOLUTION 2018-105 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF GREELEY AND THE WATER SUPPLY AND STORAGE COMPANY REGARDING A DAM BREACH FLOOD INUNDATION MAPPING STUDY WHEREAS, the City owns two water storage reservoirs in the upper Cache la Poudre River basin: Joe Wright Reservoir and Halligan Reservoir (“City’s Reservoirs”); and WHEREAS, both of the City’s Reservoirs are subject to the rules and regulations of the State of Colorado’s Office of Dam Safety in the Division of Water Resources, including the Rules and Regulations for Dam Safety and Construction, set out in at 2 Colorado Code of Regulations 402-1, which require, among other things, that all high hazard dams have an approved dam breach inundation map showing the limits of the flooding associated with a failure of the dam under certain conditions; and WHEREAS, the City’s Reservoirs are considered to be “high hazard dams” under said regulations because they have dams “for which loss of human life is expected to result from failure of the dam,” which is not meant to imply that the dams are actually anticipated to fail at this time; and WHEREAS, the City of Greeley (“Greeley”) owns six water storage reservoirs with “high hazard dams” in the upper Cache la Poudre River basin (Milton Seaman Reservoir, Barnes Meadow Reservoir, Peterson Lake Reservoir, Comanche Reservoir, Hourglass Reservoir, and Twin Lakes Reservoir) (“Greeley’s Reservoirs”); and WHEREAS, the Water Supply and Storage Company (“WSSC”) owns two water storage reservoirs with “high hazard dams” in the upper Cache la Poudre River basin (Long Draw Reservoir and Chambers Lake) (“WSSC’s Reservoirs”); and WHEREAS, the dam breach inundation mapping for the City’s Reservoirs, Greeley’s Reservoirs, and WSSC’s Reservoirs is in need of updating; and WHEREAS, the City can save money by collaborating with Greeley and WSSC on the project to update the dam breach inundation mapping by reducing unnecessary duplication and triplication of efforts; and WHEREAS, the State of Colorado has grant funds that may be applicable to the project; and WHEREAS, staff from the City, Greeley, and WSSC have negotiated an agreement to jointly update the dam breach inundation mapping, as set for the in draft Agreement attached hereto as Exhibit “A”. Packet Pg. 144 -2- 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 Manager is hereby authorized to execute an agreement substantially in the form of Exhibit “A”, with such modifications and additional terms and conditions not inconsistent with this Resolution as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 145 1 Packet Pg. 146 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 147 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 148 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 149 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 150 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 151 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 152 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 153 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 154 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 155 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 156 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 157 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 158 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 159 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 160 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 161 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 162 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) 1 Packet Pg. 163 Attachment: Exhibit A (7262 : Dam Break Inundation Mapping IGA RESO) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Resolution 2018-106 Submitting the College and Drake Existing Conditions Study and Urban Renewal Plan to the City's Planning and Zoning Board, the Larimer County Board of Commissioners and the Poudre School District, and Further Directing that the Urban Renewal Impact Study be Submitted to the Larimer County Board of Commissioners When Completed. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider a resolution submitting the College and Drake Urban Renewal Plan (URP) to the Planning and Zoning Board (P&Z), the Larimer County Board of Commissioners, and the Poudre School District, for their review as required by Colorado's Urban Renewal Law. By statute, P&Z must evaluate all proposed urban renewal plans for conformance with the City's Comprehensive Plan. P&Z is scheduled to review the proposed College and Drake URP on November 15, 2018. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 1982, City Council created the Fort Collins Urban Renewal Authority (URA) and designated itself as the governing board (known as the “Authority”). In 2018, Council repealed and reenacted Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins addressing changes in Colorado’s Urban Renewal Law. These changes included expanding the Authority to include Commissioners representing Larimer County, Poudre School District, all other special districts, and an at-large representative. BACKGROUND Drake Road and College Avenue is a prominent location within Midtown Fort Collins. Despite this prominence, the area suffers from vacancy, underutilization, and underinvestment, particularly when measured against community expectations and aspirations for the area as specified by City Plan (the City’s Comprehensive Plan), the Midtown Plan (a subarea plan for the Midtown area), and the Midtown in Motion Plan (Midtown Transportation Plan). (Note: These and other plans are available at <https://www.fcgov.com/planning/documents>). In 2009, in recognition of some of some of the redevelopment and reinvestment challenges that the Midtown corridor was facing, the Fort Collins City Council directed its staff to undertake the Midtown Redevelopment Study. Several recommendations came out of that study, including recommendations around community design and planning efforts, and importantly, a recommendation to form a new URP for the Midtown area. In 2011, the Midtown Plan Area was formed. The Midtown Plan Area spanned a distance either side of College Avenue from Prospect Road to south of Harmony Road. The plan area was significant in size, though tax increment financing (TIF) had only been activated in two smaller areas (Prospect South TIF District and the 13 Packet Pg. 164 Agenda Item 13 Item # 13 Page 2 Foothills Mall TIF District). The plan included the area of Drake Road and College Avenue. In 2015, to guard against unintended consequences from state legislation that became effective in 2016, the plan area was significantly reduced in size down to the area of the two existing TIF districts (Prospect South and Foothills Mall). Many of the conditions that were found in 2011 in this area remain, as does the opportunity to utilize the URA to leverage reinvestment and development outcomes that are consistent with community goals and objectives for the area. The new plan would allow the URA to utilize incremental taxes derived from within the plan to enable enhanced development outcomes, both public and private. Area priorities could include: enabling an enhanced mixed-use project; finance and construction of a public parking structure; and, enhanced public spaces and urban elements for the planned grocery store at the northwest corner of Drake Road and College Avenue. The Authority initiated the process to form a URP by authorizing an existing conditions study on July 9, 2018 by adopting URA Resolution No. 088. The existing conditions study is completed and has been presented to the public for review and comment. This Resolution submits the existing conditions study and draft College and Drake Urban Renewal Plan (College and Drake URP) to the Planning and Zoning Board (P&Z). According to the Colorado Urban Renewal Law, the Planning and Zoning must consider the proposed College and Drake URP’s conformance with the City’s Comprehensive Plan - City Plan. After consideration, Planning and Zoning is to provide a written recommendation to Council regarding the proposed College & Drake URP’s compliance with the Comprehensive Plan. This Resolution also authorizes the submittal of the Urban Renewal Impact Study to the County when it is completed. URBAN RENEWAL PLAN FORMATION PROCESS OVERVIEW The formation of a new URP involves the following steps: 1. Existing Conditions Study. Evaluate area for the existence of statutory blight conditions. State statutes require at least four conditions of blight to form a new URP (only one condition is required if all the affected property owners’ consent to the URP). COMPLETE 2. Draft Urban Renewal Plan. Immediately following the existing conditions study, staff will develop a draft Urban Renewal Plan for the area. The plan will specify goals, objectives, and priorities for the URA within the proposed plan area. Historically, these planning documents have been more general in scope. Consistent with a targeted plan area boundary, Staff desires that the URP be specific and detailed in describing the plans and priorities for the URA. IN PROCESS 3. Negotiate Tax Increment Allocation Agreement with Underlying Tax Entities. State statutes stipulate that the URA will engage with the underlying tax entities within the proposed URP to discuss and address service impacts resultant from new development and the allocation of incremental taxes. IN PROCESS 4. URP Review - Planning and Zoning Board. The proposed URP will be submitted to the Fort Collins Planning and Zoning Board for its review and comment. Staff has planned both a work session (November 9, 2018) and a regular meeting (November 15, 2018) with the Planning and Zoning Board. AUTHORIZED BY THIS RESOLUTION 5. Public Hearing and New Plan Area Consideration by City Council. The final step in the process to form a new plan area is a public hearing and City Council consideration of the matter. SCHEDULED JANUARY 15, 2019 PLAN OVERVIEW The College and Drake Urban Renewal Plan (Plan) is an urban renewal plan prepared for the Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins (City), pursuant to the provisions of the Urban Renewal Law, Colorado Revised Statutes § 31-25-101 et seq. (Urban Renewal Law). Unless otherwise stated, terms used in this plan have the same meaning as in the Urban Renewal Law. 13 Packet Pg. 165 Agenda Item 13 Item # 13 Page 3 DESCRIPTION OF THE PLAN AREA The Plan Area is approximately 30 acres and contains 13 parcels, including right-of-way. The City of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also in a Transit-Oriented Development Overlay Zone. The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by: • South College Avenue to the east; • West Thunderbird Drive to the south; • McClelland Drive to the west; and • The north exterior wall of the vacant K-Mart property to the north. DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT The College and Drake Tax Increment Financing District has the same boundaries as the Plan Area. PLAN GOALS AND OBJECTIVES The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • City Plan (City of Fort Collins Comprehensive Plan), 2011 • Midtown Plan, 2013 • City of Fort Collins Master Street Plan, 2013 • City of Fort Collins Transportation Master Plan, 2011 The Plan is intended to stimulate private sector development and redevelopment in and around the Plan Area with a combination of private investment, Authority financing, and public investment. The Plan will assist progress toward the following additional objectives: • To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements. • To address and remedy conditions in the area that impair or arrest the sound growth of the City, including vacancy, underutilization, and underinvestment. • To implement the Comprehensive Plan and its related elements. • To leverage reinvestment and development outcomes to redevelop and rehabilitate the area in a manner that is compatible with and complementary to community goals and objectives for the Plan Area. • To effectively utilize undeveloped and underdeveloped land. • To improve pedestrian, bicycle, vehicular and transit-related circulation and safety. • To encourage the rehabilitation and redevelopment of outmoded buildings, improvements, and conditions. • To facilitate the enforcement of the laws and regulations applicable to the Plan Area. • To accommodate project opportunities to eliminate blight, and when such opportunities exist, to act within the financial, legal, and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement, and rehabilitation projects. • To provide a range of financing mechanisms to incentivise investment, including utilizing incremental taxes derived from within the Plan Area to enable enhanced development outcomes, both public and private. • To ultimately contribute to increased revenues for all taxing entities. 13 Packet Pg. 166 Agenda Item 13 Item # 13 Page 4 CITY FINANCIAL IMPACTS This Resolution has no direct financial impact on the City. Adopting this Resolution does not commit City Council to adopting the proposed URP. BOARD / COMMISSION RECOMMENDATION On July 9, 2018 the Fort Collins Urban Renewal Authority adopted Resolution No. 088 Commissioning and Appropriating Funds for an Existing Conditions Study of an area west of the Drake and College Intersection and directed Authority staff to prepare a proposed Urban Renewal Plan for this area. PUBLIC OUTREACH A letter of notification was sent via certified mail to the property owners within the College and Drake Existing Conditions Survey Area. In addition, a letter of notice stating the time and place of an Open House was sent to the property owners in and within 1,000 feet of the survey area. In addition, Staff has or will present the URP to the following groups: • Open House at Christ United Methodist Church at 301 East Drake Road - October 10, 2018. • Fort Collins Urban Renewal Authority Board - October 12, 2018. • Plan Area Review Committee (including staff from Larimer County, Poudre School District, Northern Larimer County Health District, and Poudre River Library District) October 16, 2018. • Fort Collins Area Chamber of Commerce - Local Legislative Affairs Committee - November 9, 2018. • Midtown Business Association (formerly South Fort Collins Business Association) - November 13, 3018. ATTACHMENTS 1. Existing Conditions Study Area (PDF) 13 Packet Pg. 167 W Drake Rd S College Ave E Drake Rd W Drake Rd S College Ave S College Ave W Drake Rd S College Ave URA URP - Drake Study / College Area Printed: June 26, 2018 0 0.02 0.04 0.06 0.0M8iles Scale 1:2,869 © Path: H:\GIS Stuff\2018-06, URP Study Area.mxd ATTACHMENT 1 13.1 Packet Pg. 168 Attachment: Existing Conditions Study Area (7293 : College & Drake Urban Renewal Plan to Planning & Zoning) -1- RESOLUTION 2018-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING THE COLLEGE AND DRAKE EXISTING CONDITIONS STUDY AND URBAN RENEWAL PLAN TO THE CITY’S PLANNING AND ZONING BOARD, THE LARIMER COUNTY BOARD OF COMMISSIONERS AND THE POUDRE SCHOOL DISTRICT, AND FURTHER DIRECTING THAT THE URBAN RENEWAL IMPACT STUDY BE SUBMITTED TO THE LARIMER COUNTY BOARD OF COMMISSIONERS WHEN COMPLETED WHEREAS, on January 5, 1982, the Council of the City of Fort Collins ("Council") adopted Resolution 1982-10 establishing the Fort Collins Urban Renewal Authority (the "Authority") under Colorado’s Urban Renewal Law in Part 1 of Article 25 in Title 31 of the Colorado Revised Statutes (the “UR Law”); and WHEREAS, on July 9, 2018, the Board of Commissioners of the Authority adopted Resolution No. 087 under the UR Law to commission and appropriating funds for an existing conditions study of an area west of and including the intersection of College Avenue and Drake Road and directing Authority staff to also prepare a proposed urban renewal plan for this area; and WHEREAS, the commissioned “College and Drake URA Existing Conditions Study” has been completed and is attached as Exhibit “A” and incorporated herein by this reference (the “Study”); WHEREAS, Authority staff has also completed a proposed “College and Drake URA Urban Renewal Plan,” which is attached as Exhibit “B” and incorporated herein by this reference (the “Plan”); and WHEREAS, the Plan legally describes and depicts the boundaries of the plan area (the “Plan Area”) and describes the urban renewal project to be undertaken within the Plan Area under the Plan (the “Project”); and WHEREAS, before the Authority can undertake the Project under the Plan, the UR Law requires the City Council to conduct a public hearing to determine whether the Plan Area is a “blighted area,” as this term is defined in the UR Law, based on the Study and any other relevant evidence presented in the hearing (the “Public Hearing”); and WHEREAS, if the Council finds by resolution, based on the Study and other evidence presented at the Public Hearing, that the Plan Area is a “blighted area” under the UR Law, the City Council may approve the Plan by resolution after making certain other required findings; and WHEREAS, before the Public Hearing can be conducted by City Council, Section 31-25- 107(2) of the UR Law requires the City Council to submit the Plan to the City’s Planning and Zoning Board (the “P&Z Board”) for the P&Z Board’s review and written recommendations as to whether the Plan conforms to the City’s adopted “general plan for development,” which is the Packet Pg. 169 -2- City’s comprehensive plan titled “City Plan – Fort Collins” dated February 15, 2011, as amended (“City Plan”), and the P & Z Board is required to do so within 30 days after receipt of the Plan for its review; and WHEREAS, at least 30 days before the Public Hearing, Section 31-25-107(3.5)(a) of the UR Law requires City Council to submit the Plan to the Larimer County Board of Commissioners (the “County Commissioners”); and WHEREAS, since the Plan provides that Larimer County’s property taxes will help fund the Project, Section 31-25-107(3.5)(a) also requires that an “urban renewal impact report” containing certain information be submitted to the County Commissioners at least 30 days before the Public Hearing (the “Impact Report”); and WHEREAS, Authority staff and outside consultants are currently preparing the Impact Report but have not yet completed it; and WHEREAS, because the Plan Area will include multiple-family residences within it as part of the Project, Section 31-25-107(9)(d) of the UR Law permits the Poudre School District (the “School District”) to participate in an advisory capacity regarding the City Council consideration of the Plan; and WHEREAS, as required by the UR Law and in an effort to provide comprehensive information concerning City Council’s consideration of the Study and the Plan at an upcoming Public Hearing, the Study, the Plan, the Impact Report and this Resolution shall be submitted and provided by the City Manager or his designee (the “City Manager”) as hereafter directed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Manager is hereby directed to submit to the P & Z Board the Study, the Plan, this Resolution and a written staff report addressing the Plan’s conformity with City Plan. In deciding and making its written recommendations to Council under Section 31- 25-107(2) of the UR Law, the P&Z Board is to consider the sole question of whether the Plan is in conformity with City Plan and to provide its written recommendations to the City Council within 30 days after receiving the Plan for its review. Section 3. The City Manager is hereby directed to submit to the County Commissioners the Study, the Plan and this Resolution. In addition, when the Impact Report is completed, the City Manager is directed to submit it to the County Commissioners. Section 4. The City Manager is hereby directed to submit to the School District the Study, the Plan and this Resolution so that the School District can, if it desires to do so, review Packet Pg. 170 -3- and comment on the Plan in its advisory capacity as permitted under Section 31-25-107(9)(d) of the UR Law. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 171 Draft Report College and Drake URA Existing Conditions Survey Prepared for: City of Fort Collins Urban Renewal Authority Prepared by: Economic & Planning Systems, Inc. September 5, 2018 EPS #173061 1 Packet Pg. 172 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Table of Contents 1. INTRODUCTION ...................................................................................................... 1 Purpose ................................................................................................................. 1 Colorado Urban Renewal Law .................................................................................... 1 Methodology .......................................................................................................... 3 2. STUDY AREA ANALYSIS ............................................................................................ 4 Study Area ............................................................................................................. 4 Field Survey Approach ............................................................................................. 7 Blight Factor Evaluation Criteria ................................................................................ 7 Results of Field Survey ............................................................................................ 9 Other Considerations ............................................................................................. 12 3. CONCLUSIONS ..................................................................................................... 16 1 Packet Pg. 173 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) List of Tables Table 1 Parcels Contained in the URA Study Area ........................................................... 4 Table 2 Visual Conditions of Blight Observed ............................................................... 10 Table 3 Nuisance Violations, 2013-2018 ..................................................................... 12 Table 4 Police Incidents and Offenses, 2015-2018 ........................................................ 14 Table 5 Blight Conditions Image Reference, 1-30 ......................................................... 29 Table 6 Blight Conditions Image Reference, 31-60 ....................................................... 30 Table 7 Blight Conditions Image Reference, 61-90 ....................................................... 31 Table 8 Blight Conditions Image Reference, 91-113 ...................................................... 32 List of Figures Figure 1 College and Drake Proposed URA Boundary and Parcels ....................................... 6 Figure 2 Study Area Nuisance Code Violations, January 2013 – August 2018 ..................... 13 Figure 3 Image Location Reference Map ....................................................................... 18 1 Packet Pg. 174 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 1 173061-DRAFT-Fort Collins URA Existing Conditions 9-5-18 1. INTRODUCTION In July of 2018, Economic & Planning Systems (EPS), working with the City of Fort Collins Urban Renewal Authority (URA), conducted the following existing conditions survey (Survey) of the proposed College and Drake Urban Renewal Plan Area (Study Area). This proposed plan area is a portion of the College Midtown Corridor and is bounded by South College Avenue to the east, West Thunderbird Drive to the south, McClelland Drive to the west, and the north exterior wall of the vacant K-Mart property to the north, as shown in Figure 1. The Fort Collins Urban Renewal Authority (URA) anticipates creating a new plan area around Drake Road and College Avenue to support redevelopment plans for two large sites - the vacant former K-Mart located north of Drake, and the Spradley-Barr Mazda auto dealership located south of Drake. The proposed Urban Renewal Area captures these redevelopment plans and, if approved, will aide in the redevelopment and public improvement of the area. Purpose The primary purpose of this Survey is to determine whether the Study Area qualifies as a “blighted area” within the meaning of Colorado Urban Renewal Law. Secondly, this Survey will influence whether the Study Area should be recommended to be established as a URA Plan Area for such urban renewal activities as the URA and City Council deem appropriate. Colorado Urban Renewal Law The requirements for the establishment of a URA plan are outlined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an area for urban renewal, there are an array of conditions that must be documented to establish a condition of blight. The determination that constitutes a blighted area depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area in the Urban Renewal Law is as follows: 1 Packet Pg. 175 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 2 Draft Report Urban Renewal Law Blight Factors (C.R.S. § 31-25-103) “’Blighted area’ means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or property; (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, “blighted area” also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.” Use of Eminent Domain In order for an Urban Renewal Authority to use the powers of eminent domain to acquire properties, 5 of the 11 blight factors must be present (C.R.S. § 31‐25‐ 105.5(a)). “’Blighted area’ shall have the same meaning as set forth in section 31‐25‐103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31‐25‐103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.” 1 Packet Pg. 176 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 3 Draft Report Methodology This Survey was completed by EPS to inventory and establish the existing conditions within the Study Area through data gathering and field observations of physical conditions. The Study Area was defined by the URA to encompass the proposed redevelopment on two large properties north and south of Drake Street. The Study Area extends to include a number of adjacent commercial properties within the two block Study Area, as well as the public streets to the east, west, and south (College, McClelland, and West Thunderbird) and the Transport MAX station, along with associated park and ride spaces. An inventory of parcels within the Study Area was compiled using parcel data from the Larimer County Assessor documenting parcel ownership, use, vacancy, and assessed value. A series of Study Area maps were then developed to facilitate the field survey, which documented and photographed visual conditions of blight. The field survey was conducted by EPS in July of 2018. The 11 factors of blight in the state statute were broken down into “conditions” - existing situations or circumstances identified in the Study Area that may qualify as blight under each of the 11 factors. The conditions documented in this report are submitted as evidence to support a “finding of blight” according to Urban Renewal Law. Under the Urban Renewal Law, the final determination of blight within the Study Area is within the sole discretion of the Fort Collins City Council. Urban Renewal Case Law In addition to the State statute, several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. The following parameters have been established through case law for determining blight and the role of judiciary review. Tracy v. City of Boulder (Colo. Ct. App. 1981) • Upheld the definition of blight presented in the Urban Renewal Law as a broad condition encompassing not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisioning the prevention of deterioration. Therefore, the existence of widespread nuisance violations and building condemnation is not required to designate an area blighted. • Additionally, the determination of blight is the responsibility of the legislative body and a court’s role in review is to verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. Interstate Trust Building Co. v. Denver Urban Renewal Authority (Colo. 1970) • Determined that blight assessment is not on a building-to-building basis, but is based on conditions observed throughout the plan area as a whole. The presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. 1 Packet Pg. 177 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 4 173061-DRAFT-Fort Collins URA Existing Conditions 9-5-18 2. STUDY AREA ANALYSIS S t udy Area The proposed College and Drake Urban Renewal Plan Area is comprised of 13 parcels on approximately 30 acres of land, as shown in Table 1. Table 1 Parcels Contained in the URA Study Area The 13 parcels are separated into the two major assemblages for redevelopment and six smaller holdings summarized below and shown in Figure 1: • Parcels 1 and 2: Dillon Companies, Inc. – Parcels 1 and 2 comprising 11.2 acres of land are owned by Dillon Companies, a real estate subsidiary of King Soopers which is wholly owned by the Kroger Company. Parcel 1 is the north portion of a vacant retail center formerly occupied by Cricket, Advantage, and Radio Shack. Parcel 2 is the southern portion of the vacant center formerly occupied by KMart as well as an occupied Loaf and Jug convenience and gas outlet on the Drake Road frontage. It also contains 60 parking spaces under an easement to Transport MAX for park and ride spaces. • Parcel 3: City of Fort Collins – Parcel 3 is a 34,100 square foot parcel behind (west of) the former KMart, owned by the City of Fort Collins for the MAX station and associated right-of- way. • Parcel 4: Dillon Companies, Inc. – This retail strip is owned by Dillon Companies and contains a 4,800 square foot building leased to Larkburger, Cricket, and a Waxing Salon. • Parcel 5: Round Top Investments, LLC. – This 24,700 square foot parcel contains a Jiffy Lube auto service center on the northwest corner of the intersection of College and Drake. • Parcels 6 and 7: Dracol, LLC. – These parcels, comprising 5.7 acres of land, contain the existing Spradley-Barr Mazda dealership buildings and lots. The property is proposed to be redeveloped as a mixed use project, including a hotel and multifamily apartments with ground level retail space. Reference Number Parcel Number Address Year Built Owner Business Name Sq. Ft. Land Occupancy Sq. Ft. Building Assessed Value 1 9723410004 2505 S College Ave 1972 Dillon Companies Inc. Cricket, Advantage, Radio Shack 92,698 Vacant 9,911 $1,180,165 2 9723410002 2445 S College Ave 1977 Dillon Companies Inc. K-Mart, Texaco Convenience Store 395,708 Vacant 90,664 $3,953,874 3 9723400908 City of Fort Collins 34,057 Vacant 0 $500 4 9723410001 2539 S College Ave 2009 Dillon Companies Inc. Larkburger, Cricket, Waxing the City 19,000 Occupied 4,785 $818,790 5 9723412001 2549 S College Ave 1980 Round Top Investments, LLC. Jiffy Lube 24,706 Occupied 2,968 $623,790 6 9726114001 2601 S College Ave 1966 Dracol, LLC. Spradley-Barr Auto Dealership 173,504 Occupied 7,184 $1,855,072 7 9726100023 2601 S College Ave 1973 Dracol, LLC. Spradley-Barr Auto Dealership 73,486 Occupied 0 $413,809 8 9726100016 2627 S College Ave 1966 Dracol, LLC. Sherwin Williams Paints 21,698 Occupied 14,790 $1,153,769 9 9726120001 Dracol, LLC. Vacant Land 4,000 Vacant 0 $22,000 10 9726120002 132 W Thunderbird Dr 1969 Dracol, LLC. Tri City Paint 13,224 Vacant 2,160 $275,068 11 9726127003 2633 S College Ave 1995 Plutus Holdings, LLC. Critter Vet 12,815 Occupied 3,125 $410,050 12 9726127004 2631 S College Ave 1975 Enchante Enterprises, LLC. Enchante Salon 13,332 Occupied 3,047 $525,400 13 9726127001 2635 S College Ave 1976 Brien Buell (Trust) Tortilla Marissas 14,052 Occupied 2,008 $450,072 Source: Larimer County Assessor; Economic & Planning Systems I:\Data\GIS\173061-Fort Collins URA\Exports\[URA Parcels.xls]T-URA Parcels Format 1 Packet Pg. 178 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 5 Draft Report • Parcels 8 and 9: Dracol, LLC. – Parcel 8 is 21,700 square feet and contains a Sherwin- Williams paint store with frontage on College Avenue. Parcel 9 is a 4,000 square foot vacant, interior lot. Both parcels are owned by Dracol. • Parcel 10: Dracol, LLC. – This 13,200 square foot parcel contains a 2,200 square foot vacant building formerly occupied by Tri City Paint. • Parcel 11: Plutus Holdings, LLC. – This 12,800 square foot parcel is owned by Plutus Holdings and is occupied by Critter Vet Clinic. • Parcel 12: Enchante Enterprises, LLC. – This 13,300 square foot parcel is owned by Enchante Enterprises, LLC, which is affiliated with the Enchante Salon occupying the 3,000 square foot building. • Parcel 13: Brian Buell (Trust) – Tortilla Marissas operates a 2,000 square foot building on this parcel owned by Brien Buell (Trust) on the northwest corner of College and West Thunderbird Drive. 1 Packet Pg. 179 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 6 Draft Report Figure 1 College and Drake Proposed URA Boundary and Parcels 1 Packet Pg. 180 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 7 Draft Report F i e l d Survey Approach The following assessment is based on a field survey conducted by EPS in July 2018. The survey team walked the entire Study Area, taking notes and photographs to document existing conditions corresponding to the blight factor evaluation criteria detailed in the following section. The location of each documented condition of blight is identified in the Image Location Reference Map in Appendix A of this report. B l i ght Factor Evaluation Criteria This section details the conditions used to evaluate blight during the field survey. The following conditions correspond with 6 of the 11 blight factors in the Urban Renewal Law. Additional information on a number of these factors for which data was available was also collected. The remaining blight factors cannot be visually inspected and are dependent on other data sources. Given the prevalence of physically observable conditions of blight, these remaining blight factors were not investigated. Buildings The following conditions establish evidence of Urban Renewal Law blight factor “(a) slum, deteriorated, or deteriorating structures,” based on an evaluation of the overall condition and level of deterioration of structures within the plan area. • Deteriorated External Walls / Visible Foundation • Deteriorated Roof • Deteriorated Fascia/Soffits • Deteriorated Gutters/Downspouts • Deteriorated Exterior Finishes • Deteriorated Windows and Doors • Deteriorated Stairways/Fire Escapes/Loading Docks • Deteriorated Ancillary Structures Street Layout The following conditions evaluate the Urban Renewal Law blight factor ”(b) predominance of defective or inadequate street layout,” through assessment of the safety, quality, and efficiency of street layouts, site access, and internal circulation. • Inadequate Street or Alley Width / Cross-section / Geometry • Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic • Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians • Insufficient Roadway Capacity Leading to Unusual Congestion • Inadequate Emergency Vehicle Access • Poor Vehicular or Pedestrian Access to Buildings or Sites • Excessive Curb Cuts / Driveways along Commercial Blocks • Poor Internal Vehicular or Pedestrian Circulation 1 Packet Pg. 181 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 8 Draft Report Unsafe/Unsanitary The following conditions establish evidence of Urban Renewal Law blight factor “(d) unsanitary or unsafe conditions,” by evaluating visual conditions that indicate the occurrence of activities that inhibit the safety and health of the area including, but not limited to, excessive litter, unenclosed dumpsters, and vandalism. • Floodplains or Flood Prone Areas • Inadequate Storm Drainage Systems/Evidence of Standing Water • Poor Fire Protection Facilities • Above Average Incidences of Public Safety Responses • Inadequate Sanitation or Water Systems • Existence of Contaminants or Hazardous Conditions or Materials • High or Unusual Crime Statistics • Open/Unenclosed Trash Dumpsters • Cracked or Uneven Surfaces for Pedestrians • Illegal Dumping/Excessive Litter • Vagrants/Vandalism/Graffiti/Gang Activity • Open Ditches, Holes, or Trenches in Pedestrian Areas • Poorly Lit or Unlit Areas • Insufficient Grading/Steep Slopes • Unsafe or Exposed Electrical Wire Site Improvements The following conditions evaluate the Urban Renewal Law blight factor “(e) deterioration of site or other improvements,” by evidence of overall maintenance deficiencies within the plan area including, deterioration, poorly maintained landscaping, and overall neglect. • Neglected Properties or Evidence of Maintenance Deficiencies • Deteriorated Signage or Lighting • Deteriorated Fences, Walls, or Gates • Deteriorated On-Site Parking Surfaces, Curb and Gutter, or Sidewalks • Unpaved Parking Lot (Commercial Properties) • Poor Parking Lot/Driveway Layout • Poorly Maintained Landscaping/Overgrown Vegetation Infrastructure The observation of the following infrastructure insufficiencies is evidence of Urban Renewal Law blight factor “(f) unusual topography or inadequate public improvements or utilities.” • Deteriorated Pavement, Curb, Sidewalks, Lighting, or Drainage • Lack of Pavement, Curb, Sidewalks, Lighting, or Drainage • Presence of Overhead Utilities or Billboards • Inadequate Fire Protection Facilities/Hydrants • Inadequate Sanitation or Water Systems • Unusual Topography 1 Packet Pg. 182 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 9 Draft Report Vacancy The following conditions are evidence of Urban Renewal Law blight factor “(k) the existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements.” The primary visual condition observed is building vacancy. • An Undeveloped Parcel in a Generally Urbanized Area • Disproportionately Underdeveloped Parcel • Vacant Structures • Vacant Units in Multi-Unit Structures Other Considerations The remaining five blight factors specified in the Urban Renewal Law were not investigated further due to sufficient evidence from the visual field survey supporting a condition of blight in 6 of the 11 blight factors. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (g) Defective or unusual conditions of title rendering the title nonmarketable. (h) The existence of conditions that endanger life or property by fire or other causes. (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. (j) Environmental contamination of buildings or property. Results o f F i e l d Survey This section summarizes the findings of the visual field survey of the Study Area conducted in July 2018. Table 2 on the next page documents the blight conditions observed. These conditions are then further detailed by category. Image documentation and the location of blight conditions are presented in Appendix A of this report. 1 Packet Pg. 183 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 10 Draft Report Table 2 Visual Conditions of Blight Observed 1.01 Deteriorated External Walls / Visible Foundation X 1.02 Deteriorated Roof X 1.03 Deteriorated Fascia/Soffits X 1.04 Deteriorated Gutters/Downspouts X 1.05 Deteriorated Exterior Finishes X 1.06 Deteriorated Windows and Doors X 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks X 1.08 Deteriorated Ancillary Structures X 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Evidence of Standing Water X 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Existence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians X 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes X 4.15 Unsafe or exposed electrical wire X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X 5.05 Unpaved Parking Lot (Commercial Properties) X 5.06 Poor Parking Lot / Driveway Layout X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area X 11.05 Disproportionately Underdeveloped Parcel X 11.06 Vacant Structures X 11.07 Vacant Units in Multi-Unit Structures X VacancyInfrastructure Conditions Observed SiteUnsanitary Improvements UnsafeLayout / StreetBuildings 1 Packet Pg. 184 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 11 Draft Report 1. Buildings: slum, deteriorated, or deteriorating structures All of the structures in the Study Area are commercial buildings. The most prevalent conditions observed were broken windows, cracks and deterioration in external walls, peeling exterior paint, and damaged roofs. While broken windows and major exterior wall damage were observed primarily in vacant structures, other deterioration conditions were observed throughout the Study Area. The majority of the buildings in the Study Area were constructed in the 1970s or earlier and a number of the original facades are deteriorating. 2. Street Layout: predominance of defective or inadequate street layout South College Avenue and McClelland Drive are the major north/south routes for vehicular traffic within the Study Area. Drake Road is a major arterial and provides the primary east/west connection while West Thunderbird Drive provides local site access. Throughout the Study Area, poor provisions of streets and walkways for both pedestrian and vehicular traffic were observed in the form of deteriorated safety striping, poor internal circulation, lack of sidewalks, and blocked or constrained site access. South of Drake Road, the inefficient frontage roads along South College Avenue create a hazard for both pedestrians and vehicular traffic. These frontage roads present a barrier to site access and contribute to unsafe conditions for pedestrian traffic. 3. Unsafe/Unsanitary: unsanitary or unsafe conditions Throughout the Study Area, unsafe and unsanitary conditions were documented, including open/unenclosed trash dumpsters, cracked or uneven sidewalk surfaces, illegal dumping and litter, graffiti and vandalism, exposed electrical wires, and steep slopes. The most prevalent conditions were the presence of unenclosed/open dumpsters and excessive litter, primarily in less trafficked areas. In several areas attempts to cover graffiti were evident, while in other areas some graffiti was left untreated. Vandalism in the form of broken windows was also documented in most of the vacant structures, along with excessive litter and dumping. 4. Site Improvements: deterioration of site or other improvements The deterioration and overall neglect of properties throughout the Study Area is well documented. The main conditions of site deterioration include the deterioration of signage, deteriorated parking surfaces and curbs, poorly maintained vegetation, and poor parking/driveway layouts. Most of the onsite parking areas showed major deterioration, in many cases creating a safety hazard. Overall, there was evidence that site improvements throughout the area are not being maintained. 5. Infrastructure: unusual topography or inadequate public improvements or utilities Inadequate infrastructure was observed throughout the Study Area, predominantly in the form of deteriorated or missing curbs and sidewalks. Other inadequate utility systems could not be observed visually. The majority of missing and deteriorated public improvements were located in parking lot landscaping islands and sidewalks interior to the sites that were unkempt. There are also several missing sidewalk connections. 1 Packet Pg. 185 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 12 Draft Report Along South College Avenue, tree roots underneath the sidewalk stonework has created unstable walking surfaces. There is evidence that asphalt was placed over top of the stonework to level the surface; however, this temporary fix is not effective and is showing signs of deterioration. 6. Vacancy: the existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements There is a total of 102,735 square feet of vacant buildings in the Study Area, including spaces previously occupied by KMart, Cricket, and Tri City Paint, compared to 37,907 square feet of occupied space - a 73 percent vacancy factor overall. In addition to vacant structures, the Study Area can be characterized as underutilized with an average 0.16 floor area ratio (FAR) overall (140,642 square feet of building / 892,280 square feet of land area), which is well below the average of 0.25 FAR or greater found in other segments of the College Avenue Corridor. Largely vacant or underutilized and undeveloped parcels were documented in the Study Area including Parcels 6, 7, and 9. Parcel 7 and the portion of Parcel 6 at the corner of McClelland Drive and Drake are underutilized by the existing Automobile Dealership. Parcel 9 is a small vacant parcel interior to the south block. Other Considerations The team collected and analyzed additional non‐visual information on the Study Area that contributed to the documentation of blight factors. Nuisance Violations Nuisance violations cover multiple Urban Renewal Law blight factors including, “d) Unsanitary or unsafe conditions” and “(e) Deterioration of site or other improvements.” The City of Fort Collins Neighborhood Services Department issues notices for violations of the nuisance code related to the misuse of property. From January 2013 to August 2018 the Study Area had a total of 22 nuisance violations, as shown in Table 3. Nuisance violations in the Study Area consisted of twelve unmaintained weeds violations, six outdoor storage and rubbish violations, three un- shoveled snow violations, and one noxious weeds violation, shown in Figure 2. Table 3 Nuisance Violations, 2013-2018 2013-2018 [1] Description 2013 2014 2015 2016 2017 2018 [1] Total Study Area 3 7 6 0 3 3 22 City of Fort Collins 7,037 8,634 8,684 9,387 12,094 7,674 53,510 [1] 2018 count is year to date (August 1) Source: City of Fort Collins; Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061-Nuisance Violations and Crime.xlsx]T-Nuisance Violations 1 Packet Pg. 186 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 13 Draft Report Figure 2 Study Area Nuisance Code Violations, January 2013 – August 2018 1 Packet Pg. 187 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 14 Draft Report Crime High or unusual crime is one determining criteria for the Urban Renewal Law blight factor “(d) Unsanitary or unsafe conditions.” Fort Collins Police Services provided both incident related data and offense related data for the Study Area. Incident related data includes any and all police calls generated, regardless of whether or not a crime is committed. Offense related data pertains to only criminal offenses. There were a total of 858 police incidents and criminal offenses in the Study Area from 2015 to 2018, as shown in Table 4. Based on this data, there is no evidence of high or unusual crime in the Study Area. Table 4 Police Incidents and Offenses, 2015-2018 Transportation Evaluation criteria for the Urban Renewal Law blight factor,”(b) predominance of defective or inadequate street layout,” assess the safety, quality, and efficiency of street layouts, site access, and internal circulation. The team reviewed traffic volumes, operations, and safety related information for the intersection of College Avenue and Drake Road. The intersection is the third busiest intersection in the City and sees about 73,500 entering vehicles per day. Over the past 15 years the vehicle per day count has fluctuated between 72,000 and almost 76,000. City of Fort Collins Staff indicated that because the intersection is at capacity, any area growth over the past 15 years has relied on alternate routes thus resulting in static vehicle per day counts. Levels of Service are calculated by determining an average delay in seconds per vehicle entering the intersection, then assigning a letter grade. For College and Drake, the intersection is at a Level of Service “D” in the evening rush hour. Every entering vehicle in the afternoon rush hour has an average delay of 52 seconds in getting through the intersection. During the evening rush hour there are 6,200 entering vehicles which collectively experience a total of 90 hours of delay, which results in congestion, added emissions, and safety concerns. The national Highway Safety Manual uses a statistical evaluation to determine whether an intersection has more crashes than what would be expected given geometry and volumes. At College and Drake this evaluation expects 47 crashes per year with nine that involve some level 2015-2018 YTD Description 2015 2016 2017 2018 YTD Total Police Incidents Study Area 202 191 232 155 780 City of Fort Collins 104,202 111,149 110,590 69,499 395,440 Offenses Study Area 19 24 20 15 78 City of Fort Collins 11,696 12,227 11,836 6,994 42,753 Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061-Nuisance Violations and Crime.xlsx]T-Crime 1 Packet Pg. 188 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 15 Draft Report of injury. The intersection has an average of about 55 crashes per year, 11 of which involve some level of injury, and four of those are considered severe (non-incapacitating or incapacitating injuries). This intersection has six extra non-injury crashes and two extra injury crashes each year. The societal costs of the extra crashes is $344,000 per year. In terms of ranking, this intersection is number seven in the City in terms extra crash costs. 1 Packet Pg. 189 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 16 Draft Report 3. CONCLUSIONS Based on the definition of a blighted area in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq., and based on the field survey results of the Study Area, EPS concludes that the Study Area is a blighted area as defined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. The visual field survey conducted in July 2018 documented 6 of the 11 factors of blight within the Study Area. Therefore, this blighted area, as written in the Urban Renewal Law, “substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.” Evidence of the following Urban Renewal Law blight factors are documented in this report: (a) Slum, deteriorated, or deteriorating structures. (b) Predominance of defective or inadequate street layout. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. Evidence of the following Urban Renewal Law blight factors were not visually observable, and based on the presence of other, more significant physical conditions, these factors of blight did not warrant further investigation. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (g) Defective or unusual conditions of title rendering the title nonmarketable. (h) The existence of conditions that endanger life or property by fire or other causes. (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities. (j) Environmental contamination of buildings or property. As established by Urban Renewal case law in Colorado, this assessment is based on the condition of the Study Area as a whole, and recognizes that there are properties within the Study Area in standard condition. However, there is substantial evidence and documentation of 6 of the 11 blight factors in the Study Area as a whole, predominately in the vacant structures and underutilized parcels. 1 Packet Pg. 190 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Appendix A 1 Packet Pg. 191 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 18 Appendix A Figure 3 Image Location Reference Map 1 Packet Pg. 192 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 19 Appendix A 1 2 3 4 5 6 7 8 9 10 11 12 1 Packet Pg. 193 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 20 Appendix A 13 14 15 16 17 18 19 20 21 22 23 24 1 Packet Pg. 194 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 21 Appendix A 25 26 27 28 29 30 31 32 33 34 35 36 1 Packet Pg. 195 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 22 Appendix A 37 38 39 40 41 42 43 44 45 46 47 49 1 Packet Pg. 196 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 23 Appendix A 50 51 52 53 54 55 56 57 58 59 60 61 1 Packet Pg. 197 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 24 Appendix A 62 63 64 65 66 67 68 69 70 71 72 73 1 Packet Pg. 198 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 25 Appendix A 74 75 76 77 78 79 80 81 82 83 84 85 1 Packet Pg. 199 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 26 Appendix A 86 87 88 89 90 91 92 93 94 95 96 97 1 Packet Pg. 200 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 27 Appendix A 98 99 100 101 102 103 104 105 106 107 108 109 1 Packet Pg. 201 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 28 Appendix A 110 111 112 113 1 Packet Pg. 202 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 29 Appendix A Image Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1.01 Deteriorated External Walls / Visible Foundation X X 1.02 Deteriorated Roof X X 1.03 Deteriorated Fascia/Soffits 1.04 Deteriorated Gutters/Downspouts X 1.05 Deteriorated Exterior Finishes X X X 1.06 Deteriorated Windows and Doors X X X X X 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks 1.08 Deteriorated Ancillary Structures 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X X X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians X X X 4.10 Illegal Dumping / Excessive Litter 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes 4.15 Unsafe or exposed electrical wire X X X X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X X X X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X X X 5.05 Unpaved Parking Lot (Commercial Properties) 5.06 Poor Parking Lot / Driveway Layout X X ? 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures X 11.07 Vacant Units in Multi-Unit Structures X X X Vacancy InfrastructureImprovements SiteLayout Unsafe / Unsanitary Street Buildings Table 5 Blight Conditions Image Reference, 1-30 1 Packet Pg. 203 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 30 Appendix A Image Number 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 1.01 Deteriorated External Walls / Visible Foundation X X X 1.02 Deteriorated Roof 1.03 Deteriorated Fascia/Soffits 1.04 Deteriorated Gutters/Downspouts 1.05 Deteriorated Exterior Finishes X X X X X 1.06 Deteriorated Windows and Doors 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks X 1.08 Deteriorated Ancillary Structures X 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X X 4.09 Cracked or Uneven Surfaces for Pedestrians X X X 4.10 Illegal Dumping / Excessive Litter X X X X X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes 4.15 Unsafe or exposed electrical wire X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X X 5.02 Deteriorated Signage or Lighting X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X X 5.05 Unpaved Parking Lot (Commercial Properties) 5.06 Poor Parking Lot / Driveway Layout X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X X X X X X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures 11.07 Vacant Units in Multi-Unit Structures Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings Table 6 Blight Conditions Image Reference, 31-60 1 Packet Pg. 204 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 31 Appendix A Image Number 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 1.01 Deteriorated External Walls / Visible Foundation X 1.02 Deteriorated Roof X 1.03 Deteriorated Fascia/Soffits X 1.04 Deteriorated Gutters/Downspouts X 1.05 Deteriorated Exterior Finishes X X X X X X X X X 1.06 Deteriorated Windows and Doors X X 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks 1.08 Deteriorated Ancillary Structures X 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X X X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X X X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water X 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians X X 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X X X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes 4.15 Unsafe or exposed electrical wire X X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X X X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X 5.05 Unpaved Parking Lot (Commercial Properties) X X 5.06 Poor Parking Lot / Driveway Layout X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X X X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures X X 11.07 Vacant Units in Multi-Unit Structures Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings Table 7 Blight Conditions Image Reference, 61-90 1 Packet Pg. 205 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 32 Appendix A Image Number 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 1.01 Deteriorated External Walls / Visible Foundation 1.02 Deteriorated Roof 1.03 Deteriorated Fascia/Soffits 1.04 Deteriorated Gutters/Downspouts 1.05 Deteriorated Exterior Finishes 1.06 Deteriorated Windows and Doors 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks 1.08 Deteriorated Ancillary Structures 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X X X X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X X X X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes X X 4.15 Unsafe or exposed electrical wire X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks 5.05 Unpaved Parking Lot (Commercial Properties) X 5.06 Poor Parking Lot / Driveway Layout X X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X X X X X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area X X X 11.05 Disproportionately Underdeveloped Parcel X 11.06 Vacant Structures 11.07 Vacant Units in Multi-Unit Structures Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings Table 8 Blight Conditions Image Reference, 91-113 1 Packet Pg. 206 Attachment: Exhibit A (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Draft Report College and Drake Urban Renewal Plan Prepared for: City of Fort Collins and Fort Collins Urban Renewal Authority Prepared by: Economic & Planning Systems, Inc. October 31, 2018 EPS #173061 EXHIBIT B 2 Packet Pg. 207 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Table of Contents 1. INTRODUCTION ...................................................................................................... 1 2. BLIGHT CONDITIONS ............................................................................................... 1 3. PLAN GOALS AND CONFORMANCE ................................................................................. 3 Plan Goals and Objectives ........................................................................................ 3 Plan Conformance ................................................................................................... 4 4. AUTHORIZED URBAN RENEWAL POWERS ........................................................................ 7 Public Improvements and Facilities ............................................................................ 7 Cooperative Agreements .......................................................................................... 7 Purchase of Property ............................................................................................... 7 Demolition, Clearance, Environmental Remediation, and Site Preparation ........................ 8 Property Disposition ................................................................................................ 8 Redevelopment Agreements ..................................................................................... 8 Relocation Assistance .............................................................................................. 8 Hiring .................................................................................................................... 8 Legal Authority ....................................................................................................... 9 Catalyst and Enhancement Projects ........................................................................... 9 5. ANTICIPATED URBAN RENEWAL ACTIVITIES ................................................................... 10 Private Project Investments .................................................................................... 10 Public Improvement Priorities ................................................................................. 13 6. PROJECT FINANCING .............................................................................................. 15 Property Tax Increment Financing (TIF) ................................................................... 15 Sales Tax Increment Financing ............................................................................... 22 Tax Increment Reimbursements .............................................................................. 26 7. MODIFICATIONS TO THE PLAN ................................................................................... 27 8. SEVERABILITY AND REASONABLE VARIATIONS ................................................................ 28 9. EFFECTIVE DATE OF THE PLAN .................................................................................. 29 2 Packet Pg. 208 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) List of Tables Table 1 Proposed Grocery-Anchored Development Summary (August 2018) .................... 10 Table 2 Proposed Mixed-Use Development Summary (August 2018) ............................... 11 Table 3 Eligible Public Improvements ......................................................................... 14 Table 4 Plan Area Existing and Estimated Property Tax Values ....................................... 19 Table 5 Property Tax Increment Revenues by Taxing District ......................................... 20 Table 6 Estimated Taxable Sales ................................................................................ 24 Table 7 Estimated Sales Tax Revenue......................................................................... 25 2 Packet Pg. 209 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) List of Figures Figure 1 College and Drake Urban Renewal Plan Area and TIF District ................................ 3 Figure 2 Proposed Grocery-Anchored Development Concept Plan (May 2018) .................... 11 Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) ........................... 12 2 Packet Pg. 210 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 1. INTRODUCTION The College and Drake Urban Renewal Plan (“Plan”) is an urban renewal plan prepared for the Fort Collins Urban Renewal Authority (“Authority”) and the City of Fort Collins (“City”), pursuant to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (“Urban Renewal Law”). Unless otherwise stated, terms used in this Plan have the same meaning as in the Urban Renewal Law. The jurisdictional boundaries of the Authority are the same as the boundaries of the City. Within the City boundaries there may be one or more urban renewal plan areas. This Plan describes the framework for certain public undertakings and activities constituting an urban renewal project under the Urban Renewal Law in the College and Drake Urban Renewal Plan Area as legally described in Appendix A and depicted in Figure 1 of this Plan (“Plan Area”). This Plan was prepared for adoption by the Fort Collins City Council (the “City Council”) in recognition that the Plan Area requires a coordinated, cooperative strategy, with financing possibilities, to eliminate unfavorable existing conditions and prevent further deterioration. This Plan intends to accomplish the City’s development objectives for improving the overall condition of this area by creation of the Plan Area. The driving interest in the establishment of this Plan is to enable the use of tax increment financing (“TIF”) as a tool to stimulate and leverage both public and private sector development, including redevelopment, to help remedy adverse conditions and prevent the spread of further deterioration. It is the intent of this Plan for any development projects and other implementation actions to be done in a responsive manner, with full consideration for interests and concerns of property owners in the Plan Area. This Plan effort originated in response to two proposals for private development in the Plan Area. While these two projects are anticipated to occur in the near term, additional development and redevelopment may occur incrementally over a period of time, with the potential for the Authority to engage in additional redevelopment activities at a faster pace than might occur otherwise. The Plan has been made available to City of Fort Collins residents. Input was solicited of area residents, property owners, and business owners and tenants prior to completion of the Plan. Notifications of public hearings and an open house was provided to property owners, tenants, and residents within and surrounding the Plan Area stating the following: time, date, place, and a description of the Plan and its general scope. Meetings were held before the Planning and Zoning Board and the Authority’s board in Fall 2018 to receive comments and input on this Plan. To the extent provided in Colorado Open Public Records Act and pursuant to policies adopted by the Authority, project plans and proposals will be made available to the public. Description of the Plan Area The Plan Area is approximately 30 acres and contains 13 parcels, including right-of-way. The City of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of 2 Packet Pg. 211 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 2 Draft Report Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also in a Transit-Oriented Development Overlay Zone. The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by: • South College Avenue to the east; • West Thunderbird Drive to the south; • McClelland Drive to the west; and • The north exterior wall of the vacant K-Mart property to the north. The Plan Area is depicted on the Boundary Map in Figure 1 on the following page. A legal description of the area is attached as Appendix A. Description of the Tax Increment Financing District The College and Drake Tax TIF District has the same boundaries as the Plan Area and is depicted on the Boundary Map shown in Figure 1 on the following page. A legal description of the TIF District is attached as Appendix A. 2 Packet Pg. 212 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 3 Draft Report Figure 1 College and Drake Urban Renewal Plan Area and TIF District 2 Packet Pg. 213 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 2. BLIGHT CONDITIONS Before an urban renewal plan can be adopted by the City Council, there must be a determination that an area constitutes a blighted area. This determination depends upon the presence of several physical, environmental, and social factors. Blight is attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law (C.R.S. § 31-25-103) as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d Unsanitary or unsafe conditions; e Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements; or l. If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object 2 Packet Pg. 214 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 2 Draft Report to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. To use the powers of eminent domain, the definition of “blighted” is broadened to require that five of the eleven blight factors must be present (C.R.S. § 31-25-105.5(5)(a)): (a) “Blighted area” shall have the same meaning as set forth in section 31-25-103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The methodology used to prepare the College and Drake Existing Conditions Survey for the Plan Area involved the following steps: (i) identify parcels to be included in the Plan Area; (ii) gather information about the properties and infrastructure within the Plan Area boundaries; (iii) evaluate evidence of blight through field reconnaissance; and, (iv) record observed and documented conditions listed as blight factors in State Statute. The entire College and Drake Existing Conditions Survey is included as Appendix B of this Plan. Based on the evidence presented at a public hearing, and in the College and Drake Existing Conditions Survey dated July 2018, the City Council, by Resolution ***, made a finding that the Plan Area was “blighted” as defined by the Urban Renewal Law, by the existence of the following six factors: (a) Slum, deteriorated, or deteriorating structures. (b) Predominance of defective or inadequate street layout. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. The City Council also found that these factors, taken together, substantially impair the sound growth of the City, constitute an economic and social liability, and negatively affect the public health, safety and welfare of the community. Based on evidence of the “blighted” factors, the Plan Area is appropriate for authorized undertakings and activities of the Authority pursuant to the Urban Renewal Law. 2 Packet Pg. 215 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 3 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 3. PLAN GOALS AND CONFORMANCE Plan Goals and Objectives The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • City Plan (City of Fort Collins Comprehensive Plan), 2011 • Midtown Plan, 2013 • City of Fort Collins Master Street Plan, 2013 • City of Fort Collins Transportation Master Plan, 2011 The Plan is intended to stimulate private sector development and redevelopment in and around the Plan Area with a combination of private investment, Authority financing, and public investment. The Plan will assist progress toward the following additional objectives: • To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements. • To address and remedy conditions in the area that impair or arrest the sound growth of the City, including vacancy, underutilization, and underinvestment. • To implement the Comprehensive Plan and its related elements. • To leverage reinvestment and development outcomes to redevelop and rehabilitate the area in a manner that is compatible with and complementary to community goals and objectives for the Plan Area. • To effectively utilize undeveloped and underdeveloped land. • To improve pedestrian, bicycle, vehicular and transit-related circulation and safety. • To encourage the rehabilitation and redevelopment of outmoded buildings, improvements, and conditions. • To facilitate the enforcement of the laws and regulations applicable to the Plan Area. • To accommodate project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal, and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement, and rehabilitation projects. • To provide a range of financing mechanisms to incent investment, including utilizing incremental taxes derived from within the Plan Area to enable enhanced development outcomes, both public and private. • To ultimately contribute to increased revenues for all taxing entities. 2 Packet Pg. 216 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 4 Draft Report Plan Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law. City Plan The City’s adopted Comprehensive Plan, known as City Plan, describes desirable land use and transportation patterns, with goals and policies for those topics along with community appearance and design, the environment, open lands, housing, the economy, and growth management. The City of Fort Collins is currently updating City Plan, scheduled to be completed in early 2019. This Plan is intended to provide the mechanisms to facilitate implementation of City Plan, and therefore it is in direct conformance with the current City Plan and is not anticipated to conflict with the updated plan. The following excerpts from the existing City Plan highlight the linkage between City Plan and this Plan. These are representative excerpts, and not an all-inclusive list of relevant statements: City Plan. Policy EH 4.1 - Prioritize Targeted Redevelopment Areas. Create and utilize strategies and plans, as described in the Community and Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section, to support redevelopment areas and prevent areas from becoming blighted. The Targeted Infill and Redevelopment Areas (depicted on Figure LIV 1 in the Community and Neighborhood Livability chapter) shall be a priority for future development, capital investment, and public incentives. City Plan. Policy LIV 5.1 - Encourage Targeted Redevelopment and Infill. Encourage redevelopment and infill in Activity Centers and Targeted Infill and Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map (See Figure LIV 1). The purpose of these areas is to: • Promote the revitalization of existing, underutilized commercial and industrial areas. • Concentrate higher density housing and mixed-use development in locations that are currently or will be served by high frequency transit in the future and that can support higher levels of activity. • Channel development where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips. • Promote reinvestment in areas where infrastructure already exists. • Increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. City Plan. Policy LIV 5.2 - Target Public Investment along the Community Spine. Together, many of the Targeted Redevelopment Areas and Activity Centers form the “community spine” of the city along College Avenue and the Mason Corridor. The “community spine” shall be considered the highest priority area for public investment in streetscape and urban design improvements and other infrastructure upgrades to support infill and redevelopment and to promote the corridor’s transition to a series of transit-supportive, mixed-use activity centers over time. 2 Packet Pg. 217 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 5 Draft Report Other Notable City Plan Concepts • Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots. Support transit use and a pedestrian-friendly environment, reduce land devoted to surface parking lots as infill and redevelopment occur. • Policy LIV 31.1 - Relationship of Commercial District Uses. Encourage and concentrate active uses and vertical mixed-use at key intersections. • Policy LIV 31.5 - Incorporate Public Spaces and Community Facilities. Incorporate mixture of type and scale public spaces, such as plazas, courtyards, urban pocket parks. • Key Theme - Provide Transit-Oriented Activity Centers. “Focal points and centers of activity”, with “higher intensities”, and a high-quality pedestrian and transit orientated environment. • Key Theme - Reduce Carbon Emissions. Through support of a “compact development pattern, an interconnected transit system, multiple means of travel, [and] transit-oriented activity centers”. Midtown Plan City Council adopted the Midtown Plan on October 1, 2013, which establishes guidelines for future redevelopment of the Midtown Area—a major economic engine in the City—in compliance with the adopted City Plan. The Midtown Plan seeks to complement current and forthcoming investment by developing a vision and associated land use tools to guide the design of future redevelopment, and identify opportunities to further enhance streetscapes and multi-modal connectivity. The Plan Area is located in the Upper Midtown Character Area in the Midtown Plan. This Plan is in conformance with the following concepts from the Midtown Plan: • Improved Internal Circulation - Internal streets should be developed that provide access between properties at a slower, calmer pace that is inviting to business and residential users. • Incent New Investment - “Incentivize new investment and enact policies” for implementation that aligns with the Plan’s vision. • Vitality - Midtown will be a vital corridor with a mix of uses and activities. • Craft a parking strategy that supports increased densities. • Promote optimum use of the MAX Bus Rapid Transit system. Midtown in Motion The Midtown in Motion transportation design plan for College Avenue was adopted by City Council in October of 2014, encompassing College Avenue from Prospect Road to Harmony Road. The design plan addresses College Avenue, the adjacent frontage roads, and connections to the Mason Bus Rapid Transit (BRT) stations. Midtown in Motion is an implementation element stemming from the City of Fort Collins Transportation Master Plan and the Midtown Plan. The following concepts included in Midtown in Motion support this Plan: • Improving safety for all modes of travel. • Providing bicycle circulation options. 2 Packet Pg. 218 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 6 Draft Report • Enhancing pedestrian circulation across College Avenue and to MAX BRT. • Ensuring mobility and accessibility for people of all ages and abilities. • Utilizing frontage and circulation roads to provide business access. • Creating beautiful, identifiable, and unique design. • Identifying funding and building partnerships. Development Standards and Procedures All development within the Plan Area shall conform to the City’s Land Use Code and any site- specific City zoning regulations and policies which might impact properties in the Plan Area, all as in effect and as may be amended from time to time. However, as authorized by the Urban Renewal Law, the Authority may arrange with the City for the planning, replanning, zoning or rezoning of any part f the Plan Area as needed in connection with urban renewal project described in this Plan. 2 Packet Pg. 219 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 7 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 4. AUTHORIZED URBAN RENEWAL POWERS To support progress toward the outlined objectives of this Plan, the Authority may pursue any of the following renewal undertakings and activities, as deemed appropriate for the elimination or prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law: Public Improvements and Facilities The Authority may cause, finance or facilitate the design, installation, construction and reconstruction of public improvements in the Plan Area. In order to promote the effective utilization of undeveloped and underdeveloped land in the Plan Area, the Authority may, among other things, enter into financial or other agreements with the City of Fort Collins to provide the City with financial or other support in order to encourage or cause the City to invest funds for the improvement of storm drainage; street, transit, and pedestrian access conditions; and other infrastructure deficiencies in the Plan Area. Cooperative Agreements For the purposes of planning and implementing this Plan, the Authority may enter into one or more cooperative agreements with the City, other public entities and private parties. Such agreement may include provisions regarding project financing and implementation; design, location, construction of public improvements; revenue sharing or other measures approved by the Authority to offset urban renewal project impacts on improvements or services; and any other matters required to implement this Plan. Potential entities include, but are not limited to: Xcel Energy, CenturyLink, Comcast, Poudre Valley Fire Authority, and Fort Collins-Loveland Water District. Purchase of Property In the event that the Authority finds it necessary to purchase any real property for an urban renewal project to remedy blight factors pursuant to the Urban Renewal Law and this Plan, the Authority may do so by any legal means available, including the exercise of the power of eminent domain pursuant to and in accordance with the Urban Renewal Law. If the power of eminent domain is to be exercised for the purpose of transfer of property to another private person or entity, the Authority’s decision whether to acquire the property through eminent domain shall be guided by the following criteria, with the understanding that these guidelines shall not be construed to constrain the Authority’s legal ability to exercise the power of eminent domain: • All requirements of the Urban Renewal Law, including eminent domain procedures, have been met. • Other possible alternatives have been thoroughly considered by the Authority. • Good faith negotiations by the Authority and/or the project developers have been rejected by the property owner. 2 Packet Pg. 220 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 8 Draft Report • Reasonable efforts have been undertaken to: (a) understand and address the property owner’s position and his or her desires for the property and for any existing business on the site, and (b) work with the owner to either include the owner in project planning or purchase the property and relocate the owner in accordance with the Urban Renewal Law on terms and conditions acceptable to the owner. Demolition, Clearance, Environmental Remediation, and Site Preparation The Authority may, on a case-by-case basis, elect to demolish or to cooperate with others to clear buildings, structures, and other improvements. Development activities consistent with this Plan may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. Property Disposition The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Redevelopment Agreements The Authority may enter into redevelopment agreements with property owners or developers in the Plan Area to facilitate participation and assistance that the Authority may choose to provide to such owners or developers. These may include provisions regarding project planning, public improvements, financing, design, and any other matters allowed pursuant to the Urban Renewal Law. Relocation Assistance It is not expected that the activities of the Authority will displace any person, family, or business. However, to the extent that in the future the Authority may purchase property causing displacement of any person, family, or business, it shall develop a relocation program to assist any such party in finding another location pursuant to the Urban Renewal Law, and provide relocation benefits consistent with the Urban Renewal Law. There shall be no displacement of any person or business without there being in place a relocation program, which program shall become a part of this Plan when adopted. Hiring The Authority may employ consultants, agents, and employees, permanent and temporary, and it shall determine their qualifications, duties, and compensation. 2 Packet Pg. 221 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 9 Draft Report Legal Authority In implementing and conducting the urban renewal project authorized in this Plan, the Authority may also exercise all other powers given to it under the Urban Renewal Law and any other applicable law. Catalyst and Enhancement Projects There may also be opportunity for rehabilitation and redevelopment of the properties surrounding the Plan Area that will continue to foster cleanup, preservation and redevelopment of nearby properties. Additional public infrastructure, not limited to pedestrian amenities, enhanced landscaping, public transportation improvements, public utilities, or public art and architectural features as well as access to services, meeting facilities and shopping options may also further redevelopment of the Plan Area. 2 Packet Pg. 222 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 10 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 5. ANTICIPATED URBAN RENEWAL ACTIVITIES Anticipated undertakings and activities within the Urban Renewal Plan Area include, without limitation: (1) redevelopment of the vacant K-Mart property north of Drake Road as a grocery superstore and (2) redevelopment of the Spradley Barr Mazda auto dealership site south of Drake Road as an urban mixed-use development. The Plan also anticipates public infrastructure improvements to support these redevelopment activities as well as to support the continued viability of existing commercial uses in the Plan Area as further detailed below. Private Project Investments Proposed Grocery-Anchored Development A King Soopers grocery-anchored development is being proposed for the Dillon Companies/ Kroger owned parcels on the northwest corner of Drake Road and College Avenue, currently containing the vacant K-Mart structure. This proposed development includes a 92,000 square foot King Soopers Marketplace and 8,100 square feet of ancillary retail store space, as shown in Table 1. This project would involve the relocation of an existing King Soopers store, currently located 0.2 miles to the north of the parcel. The existing fuel station on the site would remain. The existing 5,500 square foot Jiffy Lube Auto Center at the southeast corner of the site would also remain, as shown in Figure 2. Table 1 Proposed Grocery-Anchored Development Summary (August 2018) The proposal includes 373 parking spaces dedicated to the development (including 8 cart corrals), as well as 60 spaces of parking dedicated for MAX BRT located just west of the proposed supermarket under an existing easement. The site plan is currently in the planning stages, however there is a desire for the development to “urbanize around the fringe” to enhance the public spaces and urban elements in the area. Description Size Dillon Companies Property Grocery (King Soopers) 92,000 sq. ft. Ancillary Retail 8,100 sq. ft. Existing Retail 5,500 sq. ft. Parking 433 spaces Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061- Development Plan Summary.xlsx]Dev Program Summary 2 Packet Pg. 223 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 11 Draft Report Figure 2 Proposed Grocery-Anchored Development Concept Plan (May 2018) Proposed Mixed-Use Development A mixed-use development is proposed for the Dracol owned parcels on the southwest corner of Drake Road and College Avenue, currently containing the Spradley-Barr Mazda dealership and service center. The proposed development would include 17,200 square feet of retail in three structures, a 110-room hotel, and two multifamily apartment buildings with a total of 190 residential units, as shown in Table 2. The design of the development is oriented towards the street, with landscaping around the edge and parking internal to the site, as shown in Figure 3. Table 2 Proposed Mixed-Use Development Summary (August 2018) Description Size Dracol Property Residential Building A 99 units Building B 91 units Retail 17,200 sq. ft. Hotel 110 rooms Source: Economic & Planning Systems 2 Packet Pg. 224 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 12 Draft Report Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) 2 Packet Pg. 225 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 13 Draft Report Public Improvement Priorities The Authority may, or may not, cooperate with others to, install, construct, and reconstruct any public improvements for the purpose of promoting the objectives of the Plan and the Urban Renewal Law. Public projects are intended to stimulate (directly and indirectly) investment in and around the Plan Area. It is the intent of this Plan that the combination of public and private investment that may be necessary to advance the objectives stated herein will assist in the investment and reinvestment of the Plan Area and thereby contribute to the overall economic wellbeing of the community. Eligible Public Improvements Senior City Planning and Engineering staff have identified a preliminary list of eligible public improvements for the Plan Area, as shown in Table 3. These improvements are grouped in three categories, as follows: 1. Development Related – These Category 1 improvements include improvements that are required to be built to implement the two private redevelopment projects proposed to be built in the near term. These improvements are anticipated to be built and paid for by the private developer; however some TIF may be needed to address project feasibility. 2. Plan Area Improvements – These Category 2 improvements include public improvements that address blighted conditions and improve the overall Plan Area environment, but are not specifically needed or required by the anticipated private development activity. These improvements are expected to be paid for by TIF and/or other public funds. 3. Additional Opportunities – These Category 3 improvements include other Plan Area improvements that are either more long term, lower priority, or require additional study compared to those listed in Category 2. One or more of these projects could move up in priority if future conditions and needs change. 2 Packet Pg. 226 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 14 Draft Report Table 3 Eligible Public Improvements 1. Development-related Estimated Cost 1 Dual left turns EB Drake to NB College $707,900 2 Pork Chop (Pedestrian Refuge) islands at Drake and College $201,200 3 Relocating College Ave street lights from medians to outside edges (based on college and prospect estimate) $219,600 4 Bus stop improvements on Drake near MAX (4 total) $24,000 5 Detached sidewalks with landscaped parkways $838,300 6 Access / turn lane / approach improvements on Drake between College and Redwing TBD 7 Drake ductile water line replacement TBD 8 Mid-block left turns between College and McClelland TBD Subtotal $1,991,000 2. Plan Area Improvements Estimated Cost 1 Signs and pavement markings (included as percentage in each estimate) TBD 2 Color concrete crosswalks at Drake and College (4 total) $87,300 3 New traffic signal system at Drake and College $300,000 4 Landscaped medians per current Streetscape standards $452,700 5 Extend concrete pavement limits on Drake, for approaches to College (R.O.W estimate) $1,079,800 6 College Avenue stormwater inlet replacements TBD 7 East side of College multi-use path TBD Subtotal $1,919,800 3. Additional Opportunities Estimated Cost 1 Outside of URA area, access / turn lane improvements on Drake between College and Harvard Street? TBD 2 WB to SB (future) TBD 3 Bay Road Improvements (CSU Campus Master Plan) TBD 4 Bike/ped grade separation of Mason Trail at Drake (top tier project identified in recently completed Master Plan study) TBD 5 Drake MAX Station Parking Structure $7,000,000 Subtotal $7,000,000 Total $10,910,800 H:\173061-Fort Collins Urban Renewal Authority\Data\[Public Improvements Project List.xlsx]Prioritization Summary For Rpt 2 Packet Pg. 227 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 15 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 6. PROJECT FINANCING Financing Powers Except as hereafter specifically provided, the undertakings and activities of the urban renewal project described in this Plan may be financed, in whole or in part, by the Authority to the full extent authorized under the TIF provisions of CRS § 31-25-107(9)(a) in the Urban Renewal Law, as amended, and with any other available sources of revenues and means of financing authorized to be undertaken by the Authority pursuant to the Urban Renewal Law and under any other applicable law, which shall include, without limitation: • The collection and use of revenues from property tax increments, sales tax increments, interest income, federal loans or grants, agreements with public, quasi-public, or private parties and entities, loans or advances from any other available source, and any other available sources of revenue. • The issuance of bonds and other indebtedness, including, without limitation, notes or any other financing instruments or documents in amounts sufficient to finance all or part of the Plan. The borrowing of funds and creation of other indebtedness. • The use of any and all financing methods legally available to the City, the Authority, any private developer, redeveloper, or owner to finance in whole or in part any and all costs, including without limitation the cost of public improvements, described or anticipated in the Plan or in any manner related or incidental to the development of the Plan Area. Such methods may be combined to finance all or part of activities and undertakings throughout the Plan Area. • The principal, interest, any premiums and any other amounts legally due on or in connection with any indebtedness or obligation of the Authority may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or property legally available to the Authority. This Plan contemplates, however, that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues from Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of TIF by the Authority as part of its efforts to advance the vision, objectives, and activities described herein. Tax Increment Financing District Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council hereby approves the Plan Area as a single tax increment financing district with the same boundary as the Plan Area (the “District”). The boundaries of this District shall therefore be as depicted in Figure 1 and legally described in Appendix A. 2 Packet Pg. 228 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 16 Draft Report Property Tax Increment Financing The Authority is specifically authorized to collect and expend property tax increment revenue to the full extent authorized by the Urban Renewal Law and to use that revenue for all purposes authorized under this Plan. 2 Packet Pg. 229 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 17 Draft Report Property Tax Increment Limitations The Authority shall establish a fund for the financing authorized under this Plan that shall be funded with the property tax allocation authorized to the Authority under the Urban Renewal Law in C.R.S. Section 31-25-107(9). Under this method, the property taxes of specifically designated public bodies, if any, levied after the effective date of the approval of this Plan upon taxable property in the Plan Area each year by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of the taxes which are produced by the levy at the rate fixed each year by or for such public body upon the valuation for assessment of taxable property in the Plan Area last certified prior to the effective date of approval of the Plan or, as to an area later added to the Plan Area, the effective date of the modification of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – That portion of said property taxes in excess of such base amount must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess property tax collections not allocated in this way must be paid into the funds of the municipality or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in the Plan Area exceeds the base valuation for assessment of the taxable property in the Plan Area, all of the taxes levied upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies, and all moneys remaining in the special fund that have not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the City, within the boundaries of the Plan Area must be repaid to each taxing body based on the pro rata share of the prior year’s property tax increment attributable to each taxing body’s current mill levy in which property taxes were divided. Any moneys remaining in the special fund not generated by property tax increment are excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues the City, county, special district, or school district receives either because the voters have authorized the City, county, special district, or school district to retain and spend said moneys pursuant to section 20(7)(d) of Article X of the Colorado Constitution subsequent to the creation of this special fund or as a result of an increase in the property tax mill levy approved by the voters of the City, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the City, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the Plan, are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund of the authority. 2 Packet Pg. 230 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 18 Draft Report In calculating and making these payments, the County Treasurer may offset the Authority’s pro rata portion of any property taxes that are paid to the authority under these terms and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for an urban renewal project. The Authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the Authority to offset the Authority’s pro rata portion of the refunds. The Authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with Section 31- 25-107(9)(a)(III) and (b), C.R.S. The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. At the time of general reassessment of taxable property valuations in Larimer County, including all or part of the Plan Area subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with such reassessment or change. Note that at the time of this Plan adoption, such a general reassessment occurs every two years, in the odd-numbered years. 2 Packet Pg. 231 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 19 Draft Report Property Tax Increment Forecasts The estimated property tax valuations and Plan Area tax increment associated with the two proposed redevelopment projects are shown in Table 4 below. The estimated actual value of the King Soopers project, including the existing retail that will remain onsite, is $13.7 million and the estimated actual value of the Brinkman Development is $60.4 million, resulting a total of $74.2 million. Including the existing uses in the rest of the Plan Area, the total estimated actual value for the Plan Area is $75.7 million. The total estimated assessed value of the combined new developments (Real Property only) is $12.4 million, and for the entire Plan Area is $12.8 million, as shown. Table 4 Plan Area Existing and Estimated Property Tax Values Description Size Value Factor Estimated Actual Value1 Base (2019) Assessed Value1 Estimated (2021) Assessed Value1 Total Assessed Value Increment King Soopers Development King Soopers 92,000 sq. ft. $110 /sq. ft. $10,120,000 $1,146,602 $2,934,800 $1,788,200 Ancillary Retail 8,100 sq. ft. $269 /sq. ft. $2,180,700 $342,200 $632,398 $290,200 Existing Retail 5,500 sq. ft. Tax Records $1,442,400 $418,296 $418,296 $0 Total $13,743,100 $1,907,100 $3,985,494 $2,078,400 Brinkman Development Apartments 190 units $220,000 /unit $41,800,000 $3,009,600 Hotel 110 keys $127,288 /room $14,001,700 $4,060,487 Retail 17,200 sq. ft. $269 /sq. ft. $4,630,600 $1,342,869 Total $60,432,300 $1,199,600 $8,412,957 $7,213,400 Other URA Parcels Retail 2,008 sq. ft. Service 6,172 sq. ft. Total $1,487,210 $431,291 $431,291 $0 GRAND TOTAL $75,662,610 $3,537,991 $12,829,741 $9,291,800 1 Real Property Source: Larimer County Assessor; Economic & Planning Systems 2 Packet Pg. 232 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 20 Draft Report The assessed value of all existing uses in the Plan Area represents the TIF base, which totals $3.5 million as also shown above. Subtracting the base from the new assessed value provides an estimate of the net assessed value used in calculating the Plan Area tax increment. The total assessed value is expected to be approximately $12.8 million when these two projects are complete in 2020, a net increase of $9.3 million. The associated tax increment forecasts are shown in Table 5. The forecasts are shown for each taxing district within the Plan Area and in total. The total annual tax increment is forecast to be approximately $844,000 in the first year of stabilization in 2021, totaling $20.3 million over the 25-year period of TIF eligibility. The Poudre Valley School District, with a combined mill levy, comprises the largest component of the total 25-year TIF at $11.7 million, which is comprised of general fund mill levy of 38.683 and a Bond Payment mill levy of 13.947 followed by Larimer County with 22.092 mills at $4.9 million. The City of Fort Collins mill levy is 9.797 and would generate approximately $2.2 million over the 25-year TIF period. Table 5 Property Tax Increment Revenues by Taxing District Taxing District Cooperative Agreements Pursuant to the provisions of Section 31-205-107(9.5)(a) of the Urban Renewal Law, the Authority has notified the Board of County Commissioners of Larimer County and the governing boards of all other taxing entities whose incremental property tax revenues would be allocated under this Plan. Representatives of the Authority and the governing body of each taxing entity have met and attempted to negotiate an agreement governing the sharing of incremental property tax revenue allocated to the special fund of the Authority. The agreements address, without limitation, estimated impacts of the Plan on county or district services associated solely with the Plan. Description Mill Levy Tax Liability Annual Increment 2021-2044 Total Total Assessed Value Increment $9,291,800 $843,956 Taxing District Larimer County 22.092 $205,274 $205,274 $4,926,587 City of Fort Collins 9.797 $91,032 $91,032 $2,184,762 Poudre R-1 General Fund 38.683 $359,435 $359,435 $8,626,433 Poudre R-1 Bond Payment 13.947 $129,593 $129,593 $3,110,226 Poudre River Public Library District 3.000 $27,875 $27,875 $669,010 Health District of No. Larimer County 2.167 $20,135 $20,135 $483,248 N. Colorado Water Conservation District 1.000 $9,292 $9,292 $223,003 Larimer County Pest Control District 0.142 $1,319 $1,319 $31,666 Total 90.828 $843,956 $20,254,935 Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[173061- Order of Magnitude TIF 9-6-18.xlsx]Property Tax District Detail 2 Packet Pg. 233 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 21 Draft Report Any such, shared incremental tax revenues governed by any agreement are limited to all or any portion of the incremental revenue generated by the taxes levied upon taxable property by the taxing entity within the area covered by the Plan in addition to any incremental sales tax revenues generated within the Plan Area by the imposition of the sales tax of the City and, at the option of any other taxing entity levying a sales tax in the area covered by the Plan, any incremental sales tax revenues of such other taxing entity that are included within the agreement. Copies of this Plan have been provided to all public entities having taxing authority within the Plan Area for their review and comment. Larimer County received the Impact Report required by C.R.S. § 31- 25-107(3.5) of the Urban Renewal Law, and all other taxing entities having taxing authority within the Plan Area received a copy of an Impact Report similar to that required by C.R.S. § 31-25-107(3.5) of the Urban Renewal Law for counties, which includes information necessary to comply with HB 15-1348 and SB 16-177 and for the taxing entity to analyze the proposed Plan. For each taxing entity the Impact Report indicates the current taxes being generated from the Plan Area, the current proposed development plan, and the proposed capture of tax increment from the Plan Area as it relates to each taxing entity. As required by the Urban Renewal Law, the Authority entered into an Intergovernmental Agreement (“IGA”) with each taxing entity within the Plan Area to set out the terms and conditions governing the sharing of incremental property tax revenue within the Plan Area. IGAs authorizing the use of Property Tax Increment within the Plan Area have been negotiated and approved with the following taxing bodies: • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 • 3 The following taxing bodies have not agreed to share Property Tax Increment in support of the Plan and the incremental property tax revenues generated by their mill levies will not be included within the revenues the Authority is authorized to receive: • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 The following taxing bodies also have not agreed to share Property Tax Increment in support of the Plan and the incremental property tax revenues generated by their mill levies will not be included within the revenues the Authority is authorized to receive; however, mediation with these taxing entities is in process as of the date of approval of the Plan. In the event that agreement is reached with these taxing bodies, or the findings issued by the mediator allocate Property Tax Increment from these mill levies to the Authority, the addition of such revenue to the Special Fund under this Plan shall not be a substantial modification to the Plan. • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 2 Packet Pg. 234 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 22 Draft Report Sales Tax Increment Financing The urban renewal project under the Plan may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal Law in C.R.S. Section 31-25-107(9). The Urban Renewal Law allows that upon the adoption or amendment of an Urban Renewal Plan, sales taxes flowing to the City may be “frozen” at their current level. The current level is established based on the previous 12 months prior to the adoption of this Plan. Thereafter, the City can continue to receive this fixed sales tax revenue. The Authority thereafter may receive all, or an agreed upon portion of the additional sales taxes (the increment) that are generated above the base. The Authority may use these incremental revenues to finance the issuance of bonds, reimburse developers for public improvement costs, reimburse the City for public improvement costs, and pay off financial obligations and other debts incurred in the administration of the Plan. This increment is not an additional sales tax, but rather is a portion of the established tax collected by the City, and the sales tax increment resulting from redevelopment efforts and activities contemplated in this Plan. Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council specifically authorizes the use of Tax Increment from the 2.25 percent City general purpose sales tax, and agrees to allow NUMBER percent (x%) of the Sales Tax Increment generated under this Plan to be received by the Authority to further the goals of the Plan. City Sales Tax Increment Limitations A fund for financing projects may be accrued and used by the Authority under the tax allocation financing provisions of the Urban Renewal Law. Under this method, municipal sales taxes collected within the Plan Area, by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of the tax allocation provision, as follows: Base Amount – That portion of municipal sales taxes, not including any sales taxes for remote sales as specified in § 39-26-104 (2), C.R.S., collected within the boundaries of the Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – All or any portion of said municipal sales taxes in excess of such base amount, must be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific project. Any excess municipal sales tax collections not allocated in this way must be paid into the funds of the municipality, as applicable. Unless and until the total municipal sales tax collections in the Plan Area exceed the base year municipal sales tax collections in the Plan Area, all such sales tax collections must be paid into the funds of the City. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are 2 Packet Pg. 235 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 23 Draft Report placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. Section 31-25-107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. In the event there is a change in the sales tax percentage levied in the City including all or part of the Plan Area subject to division of sales taxes between base and increment, as provided above, the portions of valuations for sales taxes to be allocated as provided above shall be proportionately adjusted in accordance with such change. 2 Packet Pg. 236 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 24 Draft Report Sales Tax Increment Forecasts The City can commit all or a portion of the incremental sales tax revenues from the City’s general fund sales tax generated by the proposed redevelopment as tax increment. The King Soopers Marketplace is forecast to generate $46.5 million in annual taxable sales based on 92,000 square feet at an estimated rate of $505 per square foot, as shown in Table 6. Based on estimates, this average sales rate represents a modest 5 percent increase over the average of existing grocery stores in Fort Collins of $480 per square foot. The new 8,100 square feet of ancillary retail space in the King Soopers project is projected to generate $1.8 million in annual taxable sales, based on an average $225 per square foot for an unspecified mix of retailers. Similarly, the 17,200 square feet of ancillary space in the Brinkman redevelopment is projected to generate $3.9 million in annual taxable sales. The total new taxable sales within the Plan Area is estimated at $52.15 million as shown. Table 6 Estimated Taxable Sales Description Size Sales/Sq.Ft Total Sales Dillon Companies Site King Soopers1 92,000 sq. ft. $505 $46,460,000 Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500 Dillon Companies Site Total 100,100 sq. ft. $48,282,500 Dracol Site New Retail 17,200 sq. ft. $225 $3,870,000 Dracol Site Total 17,200 sq. ft. $3,870,000 Total Plan Area Net New $52,152,500 Total Sales Tax @ 2.25% $1,173,431 1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales 2 Existing 5,500 sq.ft. of retail on the site is not included Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[Table 6_9-7.xlsx]Table 6 Property 2 Packet Pg. 237 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 25 Draft Report Applying the City’s 2.25 percent sales tax rate to the projected new sales results in an estimated $1.2 million in annual new sales taxes from the Plan Area. This excludes sales and sales taxes from existing retail uses within the Plan Area that area expected to remain. The portion of King Soopers taxable sales and sales taxes that can be considered net new to the City and potentially eligible for tax increment is shown in Table 7. The 50,000 square foot King Soopers at 2325 South College is proposed to be closed and replaced by the larger Marketplace store within the Plan Area. Taxable sales at the existing store are estimated at $24.0 million based on the 50,000 square foot store size and an average of $480 per square foot in sales (this equates to the average 2017 annual sales of all Fort Collins grocery stores). Table 7 Estimated Sales Tax Revenue This results in annual net new sales of approximately $24.3 million for King Soopers/Dillion site and $28.2 million for the Plan Area. At the 2.25 percent tax rate, the net new sales taxes would equal $546,000 per year for the King Soopers site and $633,000 per year for the total Plan Area as shown. Description Size Sales/Sq.Ft Total Sales Tax Rate Tax Revenue Dillon Companies Site King Soopers 92,000 sq. ft. $505 $46,460,000 2.25% $1,045,350 Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500 2.25% $41,000 Existing Store Sales 1 50,000 sq. ft. $480 $24,000,000 2.25% $540,000 Dillon Companies Site Net New $24,282,500 $546,350 Dracol Site New Retail 17,200 sq. ft. $225 $3,870,000 2.25% $87,075 Dracol Site Total 17,200 sq. ft. $3,870,000 $87,075 Total Plan Area Net New $28,152,500 $633,425 1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales 2 Existing 5,500 sq.ft. of retail on the site is not included Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[173061- Order of Magnitude TIF 9-6-18.xlsx]Sales Tax V2 Property Sales Tax 2 Packet Pg. 238 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 26 Draft Report Tax Increment Reimbursements Tax increment revenues may be used to reimburse the City and/or a developer for costs incurred for improvements related to a project to pay the debt incurred by the Authority with such entities for urban renewal activities and purposes. Tax increment revenues may also be used to pay bonded indebtedness, financial obligations, and debts of the authority related to urban renewal activities under this Plan. Within the twelve-month period prior to the effective date of the approval or modification of the Plan requiring the allocation of moneys to the Authority as outlined previously, the City, county, special district, or school district is entitled to the reimbursement of any moneys that such City, county, special district, or school district pays to, contributes to, or invests in the Authority for a project. The reimbursement is to be paid from the special fund of the Authority. 2 Packet Pg. 239 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 27 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 7. MODIFICATIONS TO THE PLAN This Plan may be modified pursuant to requirements and procedures set forth in CRS §31-25- 107 of the Urban Renewal Law governing such modifications or amendments to the extent such modifications or amendments do not conflict with the IGAs. 2 Packet Pg. 240 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 28 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 8. SEVERABILITY AND REASONABLE VARIATIONS The Authority shall have the ability to approve reasonable variations (as determined by the Board) from the strict application of these Plan provisions, so long as such variations reasonable accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market conditions, redevelopment opportunities and/or the needs of the community affected by the Plan. If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. 2 Packet Pg. 241 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Economic & Planning Systems, Inc. 29 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 9. EFFECTIVE DATE OF THE PLAN This Plan shall be effective upon its final approval by the City Council. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date of the Plan, unless the Authority deems, to the extent consistent with the terms in the Agreements, that all activities to accomplish the Project have been completed and all debts incurred to finance such activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. 2 Packet Pg. 242 Attachment: Exhibit B (7295 : College & Drake Urban Renewal Plan to Planning & Zoning RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Suzanne Bassinger, Civil Engineer III Jody Hurst, Legal SUBJECT Resolution 2018-107 Supporting the Grant Application for the Planning Grant from the State Board of Great Outdoors Colorado for the Parks and Recreation Master Plan. EXECUTIVE SUMMARY The purpose of this item is to request City Council support to pursue the 2018 Great Outdoors Colorado (“GOCO”) Planning Grant. If awarded, the funding will be used for community outreach efforts for the Parks and Recreation Master Plan update. GOCO requires a resolution of City Council support be submitted as part of the grant application package. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Great Outdoors Colorado provides grant opportunities for eligible government agencies. The City has been successful in the past in obtaining numerous park, trail, and open space grants. Great Outdoors Colorado presently has a Planning Grant available. The Planning Grant helps local governments execute a wide range of planning efforts, including department master plans, with a grant amount of up to $75,000. An update of the 2008 Parks and Recreation Policy Plan is the proposed project for this grant. The Policy Plan is a guiding document for three departments: Parks, Recreation, Park Planning and Development. The updated Master Plan will address the planning, location, design, funding and administration of park infrastructure, as well as our recreation centers and programs. The goal of this project is to evaluate, update, and create a clear vision of the future of our parks and recreation system. This project is estimated to cost approximately $200,000. CITY FINANCIAL IMPACTS Obtaining this grant will offset department funding sources allowing these funds to be applied to other projects. To apply for the Great Outdoors Colorado Planning Grant, the City must provide at least 25% of the total project cost in matching funds, with at least 10% cash match. The funds necessary to meet the match requirement are already appropriated. 14 Packet Pg. 243 -1- RESOLUTION 2018-107 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE GRANT APPLICATION FOR THE PLANNING GRANT FROM THE STATE BOARD OF GREAT OUTDOORS COLORADO FOR THE PARKS AND RECREATION MASTER PLAN WHEREAS, the City created a Parks and Recreation Policy Plan in 2008 (“the Plan”) and is working to update and revise the Plan to align with current policy objectives and priorities that provide efforts to evaluate, update, and create a clear vision of the future of our parks and recreation system (“the Project”); WHEREAS, the Plan provides policy guidance for three City departments: Parks, Recreation, and Park Planning & Development; and WHEREAS, the City is applying for a planning grant from the State Board of Great Outdoors Colorado (“GOCO”) to help offset costs of the Project; and WHEREAS, as part of its grant application process, GOCO requires that the governing body of any entity applying for grant funds passes a resolution to show that it is aware of and supports the application, and recognizes the financial and other obligations the grant creates; and WHEREAS, the planning grant helps local governments execute a wide range of planning efforts, including department master plans, with a grant amount up to $75,000; and WHEREAS, if awarded, the funding will be used to help fund community outreach efforts for the Project; and WHEREAS, the entire cost of the Project is approximately $200,000; and WHEREAS, the grant requires a 25% match from the City and at least 10% of the match must be from cash sources; and WHEREAS, the funding sources for the City’s contribution to the GOCO Grant have been identified and are already appropriated, and the City’s in-kind contributions would be provided by already existing City staff resources. 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 strongly supports the application for the GOCO Project and will provide any required matching funds or in-kind contributions for the Project. Packet Pg. 244 -2- Section 3. That if the grant is awarded, the City Council strongly supports the completion of the Project. Section 4. That the City Council has authorized the expenditure of funds necessary to meet the City’s obligations under the terms of any grant awarded. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 245 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Randy Reuscher, Utility Rate Analyst Lance Smith, Utilities Strategic Finance Director Eric Potyondy, Legal Cyril Vidergar, Legal SUBJECT Items Relating to 2019 Utility Rates for Electric and Stormwater Rates, Fees and Charges. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 134, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rate, Fees and Charges. B. First Reading of Ordinance No. 135, 2018 Amending Chapter 26 of the Code of the City of Fort Collins to Revise Stormwater Rates, Fees and Charges. The purpose of this item is for Council to consider adjusting monthly charges for electric and storm water services in 2019. The revenue requirements to support the 2019 budget will require increasing monthly charges for electric service by 5.0% and stormwater service by 2.0%. Staff recommends no changes to water and wastewater utility rates. STAFF RECOMMENDATION Staff recommends adopting both Ordinances on First Reading. BACKGROUND / DISCUSSION The proposed electric rate increase consists of two components. The first component of 1.4% is necessary to offset the increase in wholesale energy prices. The second component of 3.6% is needed to increase operating revenues enough to offset operating expenses so that reductions in reserves stop and funds can be set aside for future capital improvements. More modest increases will be necessary over the coming decade to support wholesale energy increases, asset renewal, and operations. While no adjustment of the water and wastewater rates is recommended for this budget cycle, an increase to stormwater rates by 2.0% in 2019 is proposed. This increase is intended to moderately raise operating revenues to increase the debt capacity of the Enterprise in anticipation of significant debt being needed to meet the future capital improvements necessary to complete planned buildout of the stormwater infrastructure. Similar adjustments of less than 3% may be necessary over the coming decade depending on the timing and scale of the necessary capital investments. From a residential customer’s perspective, the net increase to their 4-service utility bill is expected to be 2.2% or, averaged across each utility service, this is $3.76 per month more than they are paying in 2018. The table below shows the bill breakdown for residential customers only. See 2019 Proposed Electric Rate Changes of service for a reflection of rate increases for all classes. 15 Packet Pg. 246 Agenda Item 15 Item # 15 Page 2 Utility 2018 2019 $ Change % Change Electric $ 71.96 $ 75.41 $ 3.45 4.8% Water $ 47.88 $ 47.88 $ - 0.0% Wastewater $ 34.45 $ 34.45 $ - 0.0% Stormwater $ 15.42 $ 15.73 $ 0.31 2.0% Total Average Bill $ 169.71 $ 173.47 $ 3.76 2.2% Average Residential Monthly Bill Fort Collins Utilities Rate Strategy and Smoothing At the beginning of the 2019-2020 Budgeting For Outcomes process, revenues are forecasted for the coming two years. These forecasted revenues provide the funding for the Enterprise Funds providing the utility services. Any rate adjustments need to be considered in these forecasts. As rate increases are periodically necessary to meet operational costs and needs, an objective set of criteria for determining these rate adjustments is necessary for financial modeling. This set of criteria is based on the objectives outlined in the overall rate strategy and factor in satisfaction of appropriate maintenance and repairs to the utility systems. The rate strategy outlined below is intended to maintain the financial health and resiliency of the utility Enterprise Funds as determined by the bond rating agencies criteria for assessing new debt issuances by municipal utilities. The strategy seeks to meet the revenue and reserve funding requirements of each utility through gradual rate increases. It is included in the long-term financial modeling for each utility and serves as the basis of the rate projections presented to Council since 2016. The following criteria objectively determine when, why and how much rates should be adjusted to maintain the financial health of each utility: 1. Adjust electric rates sufficient to meet Platte River Power Authority wholesale rate adjustments. 2. If the previous 3 years have averaged negative operating income, raise rates next year to the lesser of 5% or the level sufficient to offset the average operating loss. 3. If debt coverage is less than 2.0, increase rates the lesser of 5% and a level sufficient to raise the debt coverage ratio to 2.1 the next year. 4. If the Available Reserve fund balance is projected to be negative at the end of any year, increase rates the lesser of 5% and an amount sufficient to increase reserves to the minimum required reserve. 5. Add up all of the previous criteria-driven rate adjustments and take the lesser of 5% and the sum as the recommended rate adjustment. By limiting the annual increase to no more than 5.0% in any one utility, the average customer should not see an increase in their total utility bill by more than 5% in one year. This constraint results in some “smoothing” or spreading out of larger rate increases over 2 or more years. Moreover, because the total utility bill is considered, adjustments in one utility may be less than needed in order to smooth out the overall bill impact. As proposed in this agenda item, for example, the necessary electric rate increase is being smoothed out over 3 years. Electric Rate Increase The rate strategy above consists of 5 steps before looking at the overall utility bill impact for any additional smoothing of the proposed electric rate increase. 15 Packet Pg. 247 Agenda Item 15 Item # 15 Page 3 Step 1 – Purchased Power Adjustment Platte River Power Authority is expected to increase the Tariff 1 purchase price by 2.0% annually through 2027. As there is no rate stabilization fund, these increases need to be recovered through retail rate increases each year. Purchased power costs represent 72% of the operating expenses in 2017 which results in a need for a 1.4% retail rate adjustment to cover this wholesale increase. Both the summer and non-summer seasons, and the energy and demand components will increase equally. Below is a table of the current 2018 component charges, along with the proposed 2019 component charges. 2018 Proposed 2019 % Change Energy Summer 0.04284 / kWh 0.04370 / kWh 2.0% Non-summer 0.04109 / kWh 0.04191 / kWh 2.0% Demand Summer 11.56 / kW 11.79 / kW 2.0% Non-summer 8.81 / kW 8.99 / kW 2.0% Tariff 7 charges from PRPA for long-term renewable energy purchases are not proposed to change in 2019. Step 2 – Operating Income Each Enterprise Fund is expected to generate enough operating income to make itself self-sufficient and sustainable. Bond underwriters expect that operating expenses are being more than fully covered by operating revenues. The excess operating income allows for sustainable renewal of the infrastructure. In addition, the City’s Charter requires rates, fees and charges for each utility “as will provide sufficient revenues to pay the cost of operation and maintenance . . .”, including payment of a PILOT, principal and interest on outstanding bonds, provision of adequate working capital for day-to- day operations, and maintenance of adequate reserves for capital repair, replacement and improvement of the utility (Art. XII, section 6). Since 2007 this Fund has utilized reserves to offset operating losses. ($20,000,000) $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 $160,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Light & Power Fund Operating Income (2007-2017) OPERATING INCOME Total Operating Revenue Total Operating Expenses 15 Packet Pg. 248 Agenda Item 15 Item # 15 Page 4 While this was an intentional draw down of reserves based on previous City Council direction, over the last 3 Budgeting For Outcomes cycles (2013-2018) $41.7M has been appropriated from Reserves. The reserve balance decreased from a peak of $56.5M in 2014 to $33.5M at the end of 2017. The table below steps through the reserve balance to show that $11.4M was available for future appropriations at the end of 2017. $M Reserve Balance 12/31/2017 $33.5 LESS Minimum Required Reserves ($8.4) LESS Appropriations Prior to 12/31/2017 ($9.2) LESS 2018 Budget Use of Reserves ($4.5) Reserves Available 12/31/2017 $11.4 LESS 2018 Appropriations to date ($8.4) LESS 2019-20 Budget Use of Reserves ($0.3) PLUS 2018 Unanticipated Revenues $2.5 Reserves Available 10/15/2018 $5.2 In addition to the $4.5M use of reserves to support the 2018 budget, an additional $8.4M has been appropriated from these Reserves for bond defeasance and capital investments through Ordinances in 2018. This leaves a balance of $5.2M available for future appropriations. The 2019-20 biennial budget will only require the appropriation of $339,000 in 2019 with $317,000 being added back to reserves in 2020. The use of reserves is no longer tenable, making it necessary to increase operating income in this budget cycle through these rate adjustments. Based on the financial model, a 5.0% increase in operating revenues in 2019 is necessary to offset the 3-year average operating loss of $4.3M and provide a small operating margin of less than 2%. The 5.0% limit on a single year rate increase means smoothing over multiple years is necessary. The resulting increase in operating revenues in 2019, which will remain within the City’s electric distribution utility, along with additional future adjustments, will result in positive operating income being generated for this Enterprise within the next few years. 15 Packet Pg. 249 Agenda Item 15 Item # 15 Page 5 ($20,000,000) $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 $160,000,000 $180,000,000 $200,000,000 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 Light & Power Fund Operating Income (2007-2026) OPERATING INCOME Total Operating Revenue Total Operating Expenses Step 3 – Debt Coverage The rating agencies know that investors want as little risk as possible for a given level of return on their investment. The debt coverage ratio provides a level of confidence that sufficient income will be generated to ensure that the bondholders are repaid as scheduled. In this case, there is no outstanding debt expected to be repaid through electric operating revenues, so this criterion is not requiring any additional rate adjustment. Step 4 – Capital Investments The long-term viability of the revenue streams dedicated to bond repayment is also critical to bondholders and the financial health of the Enterprise. Generating operating income provides a sustainable revenue stream for asset renewal over time. The rating agencies also want to know that the utility has a capital improvement plan, a supporting financial plan and that rate adjustments are part of the plan, as well as seeing adequate investment in the system assets. Because the currently proposed rate increase is intended to support the 2019-20 budget cycle, the amount of capital being requested in these two years of $10M / year is reflected in the revenue requirement rather than the $16M / year described in the CIP. So, capital investment is not driving any increase above what has already been identified. Step 5 – Rate Smoothing Over Time The 5.0% limit on an annual rate increase for each utility will require smoothing anticipated rate increases over a few years. 15 Packet Pg. 250 Agenda Item 15 Item # 15 Page 6 Criteria 2019 2020 2021 1.4% 0.8% 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% 2. 3 yr ave Operating Income < 0 5.0% 3.0% TBD 3. Debt Coverage Ratio < 2.0 TBD 4. Available Reserves less Capital Need < 0 TBD Sum of Above 6.4% 5.8% 5. Lesser of 5.0% or the sum of above 5.0% 5.0% TBD Increase Carried Forward 1.4% 0.8% TBD TBD - to be determined in the 2021-22 Budget cycle The financial model forecast shows that modest annual rate adjustments of 1-3% annually may be sufficient once this increase is smoothed out over the next 3 years. 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% 10% 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 % Rate Increase Electric Monthly Rates Purchased Power Distribution System Energy Services Electric Cost of Service The cost of service model was updated in 2018 in keeping with the two-year period to avoid large swings between rate classes in any given year. The rate class percentage adjustments are shown in the graph below. The horizontal line represents an average retail increase of 5.00%. Variations by rate class are due to multiple factors, including changes in total consumption (either up or down), changes in customer counts, changes in load factors, and are dependent on specific costs and allocations to each rate class. As the graphs shows, no one rate class varies, either higher or lower, by more than one percent from the average of 5.0% increase. 15 Packet Pg. 251 Agenda Item 15 Item # 15 Page 7 To maintain the direct connection between the wholesale charges from Platte River to the retail energy and coincident demand rates, those components will be increased the same 2.0% as the wholesale increase. Because these components of the bill are larger than the distribution and fixed charges, it is necessary to increase those components by more than 5% to achieve the overall revenue requirement and the average bill increase of 5.0%. The rating agencies consider how much of the fixed costs of a utility are recovered through fixed charges. A higher percentage of the fixed costs being recovered through fixed charges creates more revenue stability and therefore more confidence that adequate revenues will be generated in the future to meet debt obligations. Net-Metering - Community Solar Projects In addition to adjusting TOD rates for 2019, this Ordinance temporarily authorizes the Utilities Executive Director to extend 2018 tiered solar generation bill credits for community solar customers until December 31, 2018. This short-term authorization will allow the Utilities Executive Director to delay application of TOD bill credit calculations as may be needed to comply with terms in power purchase contracts between the City and community solar project developers. Addition of LED Floodlight Charges Code already accommodates floodlight charges for mercury vapor and high-pressure sodium bulbs. To accommodate the installation of LED lights as an option for area floodlights, staff had added two new charges to accommodate fifty-four (54) watt and seventy-two (72) watt fixtures. Stormwater Rate Increase Step 1 – Operating Income Operating income is strong in this utility, so no adjustment is necessary to satisfy the operational, maintenance and reserve-funding requirements of the Charter. 15 Packet Pg. 252 Agenda Item 15 Item # 15 Page 8 Step 2 – Debt Coverage Ratio The debt coverage ratio continues to grow as existing debts are retired. Again, no adjustment is necessary. Step 3 – Capital Investments The 2% stormwater increase for 2019 is intended to raise operating revenues modestly to increase the debt capacity of the Enterprise. This is in anticipation of significant debt being needed for the capital improvements necessary to complete the initial buildout of the stormwater infrastructure. Similar, modest adjustments of less than 3% may be necessary over the coming decade depending on the timing and scale of the necessary capital investments and to manage reserve balances. Step 4 – Rate Smoothing Over Time Criteria 2019 1. 3 yr ave Operating Income < 0 2. Debt Coverage Ratio < 2.0 4. Available Reserves less Capital Need < 0 2.0% Sum of Above 2.0% 5. Lesser of 5.0% or the sum of above 2.0% No additional smoothing is necessary, nor is it expected over the coming decade. Modest rate increases may be necessary to cover higher costs as the operating margin decreases gradually over the decade. 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% 10% 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 % Rate Increase Stormwater Monthly Rate Changes Low-Income Support Programs 15 Packet Pg. 253 Agenda Item 15 Item # 15 Page 9 Utilities manages a robust Utilities Affordability Portfolio along with the Income Qualified Assistance Program to support at-risk populations. Staff has worked with local service providers, regional partners, and subject matter experts to identify participation barriers for low income customers, and ensure the providers have the information and engagement they need to direct low-income customers to our programs and services. Utilities has implemented engagement and communication strategies to address barriers and help residents more easily participate in our low-income programs. A comprehensive communication, outreach and engagement strategy is the cornerstone of resident awareness and participation. Please see the attached City Council memo summaries on programs and results. Costs of these programs have been considered in connection with the proposed rate increases. CITY FINANCIAL IMPACTS Electric Rate Ordinance – In 2019 the proposed 5.0% increase would add an estimated $6.5M to operating revenues which will partially address the ongoing operating loss and decrease reliance on reserves. The attached one-page budget summary for the Light and Power Enterprise Fund (Attachment 7) shows the budget assuming this proposed 5.0% rate increase is adopted. Because reserves have been drawn down already any reduction in the proposed 5.0% rate increase would need to be offset by a corresponding amount in the accepted budget offers. Stormwater Rate Ordinance – In 2019 the proposed 2.0% increase would add an estimated $0.3M to operating revenues. In the near term, this modest rate increase will allow the utility to build up reserves to strengthen the utility’s financial position ahead of anticipated debt issuances. The attached one-page budget summary for the Stormwater Enterprise Fund (Attachment 7) shows a contribution to reserves in both years. In the long term this will increase the debt capacity necessary to finance the remaining stormwater infrastructure. BOARD / COMMISSION RECOMMENDATION Energy Board: The Board reviewed the rate proposal at its regular meeting on October 11, 2018. Chairperson Michell moved that the Energy Board support a 5% rate increase, as proposed by staff, plus an additional 0.63% to support the optional CAP offer package, allowing the City to meet its 2020 CAP goals. Furthermore, the Energy Board does not support cutting funding for capital infrastructure to support the optional CAP offer package. The motion passed unanimously. Water Board: The Board reviewed the rate proposal at its regular meeting on October 18, 2018. Board Member Michael Brown moved for Water Board to recommend City Council approve the 2019 rate changes for stormwater monthly fees. The motion passed unanimously. PUBLIC OUTREACH Key Accounts has been communicating with customers about the 5.0% rate increases being proposed in 2019 and 2020. A memo was requested by the Chamber of Commerce before First Reading in lieu of a presentation due to the lack of availability in the Chambers schedule until late November when City staff will provide an update on several utility issues including these rate increases. 15 Packet Pg. 254 Agenda Item 15 Item # 15 Page 10 ATTACHMENTS 1. Energy Board Minutes October 11, 2018 (Draft) (PDF) 2. Water Board Minutes (Draft) (PDF) 3. Fund Summaries - Electric and Stormwater Only (PDF) 4. Memo - Utilities Affordability Portfolio and IQAP update (PDF) 5. Utilities Affordability Portfolio & Programs Memo (PDF) 6. Utilities Affordability Portfolio Goals Memo (PDF) 7. Utilities Affordability Portfolio Outreach Memo (PDF) 8. PowerPoint Presentation (PDF) 15 Packet Pg. 255 Energy Board Minutes ABRIDGED - DRAFT October 11, 2018 Energy Board Minutes ABRIDGED - DRAFT October 11, 2018 Fort Collins Utilities Energy Board Minutes ABRIDGED - DRAFT Thursday, October 11, 2018 Energy Board Chairperson Nick Michell, 970-215-9235 City Council Liaison Ross Cunniff, 970-420-7398 Energy Board Vice Chairperson Amanda Shores, 408-391-0062 Staff Liaison Tim McCollough, 970-305-1069 Roll Call Board Present: Chairperson Nick Michell, Vice Chairperson Amanda Shores, Alan Braslau, Stacey Baumgarn, Bill Becker, Jeremy Giovando, Greg Behm, John Fassler, Krishna Karnamadakala Late Arrivals: Board Absent: Others Present Staff: Tim McCollough, Christie Fredrickson, Lindsay Ex, John Phelan, Lance Smith Platte River Power Authority: Paul Davis, Alyssa Clemson-Roberts Members of the Public: Budgeting for Outcomes Tim McCollough, Deputy Director Utilities Light & Power (attachments available upon request) Council has had three budget work sessions and two public hearings, and there is an additional work session scheduled for next week. As Mr. Smith noted in his earlier presentation, there is a recommended 5% rate increase to support the City Manager’s Recommended Budget. Mr. McCollough said Council does support many of the programs within the Climate Action Plan optional budget package that was discussed at last month’s Energy Board Meeting, but they have asked staff if there is a way to continue those programs within the already proposed 5% rate increase. Mr. McCollough said that would mean adjusting other offers already on the table, such as reducing some of Light & Power’s capital needs, or finding additional revenue sources. Staff doesn’t have additional details at this time, but Mr. McCollough wanted the board to be informed about the request from Council. Vice Chairperson Shores asked why Council does not want to exceed a 5% rate increase, because an additional 0.63% would likely be a fraction of a dollar on an average household utility bill. Mr. McCollough said this meeting didn’t provide an opportunity for staff to discuss with City Council, but rather for City Council to provide feedback on the information they were presented and request a follow up from staff. Board member Braslau said he believes it is a mistake to make budget choices that allows the City to miss it’s 2020 CAP goal; he also said the recommended budget seems inconsistent with the recent decision to commit to 100% Renewable Energy. Vice Chairperson Shores said relaying information in percentages is ineffective, because at the end of the day most people only care about the ATTACHMENT 1 15.1 Packet Pg. 256 Attachment: Energy Board Minutes October 11, 2018 (Draft) (7273 : Utility Rates) Energy Board Minutes ABRIDGED - DRAFT October 11, 2018 Energy Board Minutes ABRIDGED - DRAFT October 11, 2018 cost of their monthly bill, and perhaps it would be more effective to explain how much 0.63% translates to monetarily and what services that rate increase would be providing to the community. Chairperson Michell said in the past there have been several great efficiency programs marketed, just like some of the CAP programs that are currently on the chopping block, but by February all the funding has run out and they expect customers to come back the following year. He believes Council should either fund or not fund efficiency programs like that so there isn’t such a drastic swing between funding cycles. Mr. Davis said the Platte River Power Authority efficiency budget grew by 20% this year, and though it is somewhat complicated, he does not believe some of the larger efficiency programs, such as Efficiency Works Business, are in any danger of running out of funding. Mr. Smith said it’s important to add context: In the 2019/2020 budget, staff is proposing $18.3 million in renewable energy and green initiatives, and the question now is do we invest $19.6 million in those initiatives. He wanted the board to remember it’s not as if the City isn’t doing anything, and Platte River is also contributing an additional $4 million. It’s Mr. Smith’s opinion the City will not even be able to use all $18 million currently allotted, because in recent history there have always been funds left over in that budget line. Mr. Smith believes it would be wiser to invest more money into capital. Mr. McCollough reiterates support for Mr. Smith’s statements and added that deferring capital investments comes with its own set of concerning problems. Chairperson Michell moved that the Energy Board support a 5% rate increase, as proposed by staff, plus an additional 0.63% to support the optional CAP offer package, allowing the City to meet its 2020 CAP goals. Furthermore, the Energy Board does not support cutting funding for capital infrastructure to support the optional CAP offer package. Board member Behm seconded the motion. Discussion: Board members asked Mr. Smith what the overall financial impact would be to an average residential bill with a 5.63% rate increase and the assumed Time of Day usage reductions. Mr. Smith estimated it would be approximately $3.38 more per month. Board member Baumgarn asked if voting on this motion is as impactful as the Board hopes, since they voted on a very similar motion at last month’s meeting. He wondered if the Board should consider another avenue of communication such as a memo. Vote on the Motion: It passed unanimously, 9-0. Board members discussed attending the October 16 City Council meeting, so they can ensure their opinions are heard in addition to their motions and votes. 15.1 Packet Pg. 257 Attachment: Energy Board Minutes October 11, 2018 (Draft) (7273 : Utility Rates) Excerpt from Unapproved DRAFT MINUTES WATER BOARD REGULAR MEETING October 18, 2018, 5:30 p.m. 222 Laporte Avenue, Colorado River Community Room 10/18/2018 – Excerpt from Unapproved DRAFT MINUTES Page 1 o Proposal to Increase Stormwater Rates for 2019/Plan Investment Fee Update (Attachments available upon request)  Presentation Summary: Utility Rate Analyst Randy Reuscher provided an overview. Staff proposes a 2% increase to stormwater monthly charges for 2019. The ordinance will be discussed as part of the upcoming City Council agendas on November 6 and 20, 2018 for first and second readings. No changes are proposed for water or wastewater monthly charges. Staff also proposes changes to water, wastewater, and stormwater plant investment fees (PIF) for 2019. These ordinances are scheduled to be included for discussion at the December 4 and 18 City Council meetings. Mr. Reuscher summarized the proposals and showed how the rate changes will affect the average residential monthly bill. Board members commented on and inquired about various related topics including Stormwater revenue; reserves; general fund; the Stormwater Fund graph and the desire to show what reserves would be without the rate increases, and how they affect future capital projects; the need for marketing staff to explain to the public that these rate increases are paying for capital projects; how much infrastructure is paid by new development fees (the fees are intended to cover upfront costs; monthly fees cover the remainder). o Board Member Brown moved for Water Board to recommend City Council approve the 2019 rate changes for stormwater monthly fees and plant investment fees for water, wastewater, and stormwater, as proposed by staff. o Board Member Tarry seconded the motion o Vote on the Motion: It passed unanimously, 8-0. ATTACHMENT 2 15.2 Packet Pg. 258 Attachment: Water Board Minutes (Draft) (7273 : Utility Rates) LIGHT & POWER FUND ######## Actual 2015 Actual 2016 Actual 2017 Budget 2018 Budget 2019 Budget 2020 2019 2020 REVENUE PROJECTION Operating Revenue $117,450,191 $125,072,991 $128,730,192 $130,530,000 $135,573,000 $140,395,000 % Change 6.5% 2.9% 1.4% 3.9% 3.6% PIF / Contributions $4,435,202 $6,363,132 $5,490,709 $3,130,000 $3,230,000 $3,230,000 % Change 43.5% -13.7% -43.0% 3.2% 0.0% All Other Revenues $2,691,707 $2,586,182 $2,785,561 $2,202,456 $2,069,686 $1,844,020 % Change -3.9% 7.7% -20.9% -6.0% -10.9% Total Revenues $124,577,100 $134,022,305 $137,006,462 $135,862,456 $140,872,686 $145,469,020 Revenues $140,872,686 $145,469,020 % Change 7.6% 2.2% -0.8% 3.7% 3.3% Reserves $338,918 $141,211,604 Actual 2015 Actual 2016 Actual 2017 Budget 2018 Budget 2019 Budget 2020 CURRENT OFFERS Offer Result Title 90.1 Utilities: Light & Power - Payments and Transfers $15,967,002 $17,660,398 $17,180,271 $18,493,708 $16,963,228 $17,315,588 % Change 10.6% -2.7% 7.6% -8.3% 2.1% 8.2 ECON Utilities: Light & Power - Core Operations $9,042,578 $10,435,697 $10,053,255 $10,131,766 $10,490,292 $10,783,807 % Change 15.4% -3.7% 0.8% 3.5% 2.8% 8.3 ECON Utilities: Light & Power - Ongoing Capital System Additions $9,394,986 $11,689,760 $5,817,270 $5,096,234 $5,355,077 $5,427,972 % Change 24.4% -50.2% -12.4% 5.1% 1.4% 8.4 ECON Utilities - Light and Power Purchase Power $82,164,556 $87,276,576 $89,413,232 $89,500,000 $94,441,000 $97,817,000 % Change 6.2% 2.4% 0.1% 5.5% 3.6% 8.5 ECON Equipment Replacement - Utilities: Light & Power - Vehicles and Equipment $414,351 $510,427 $392,577 $480,000 $372,000 $522,000 % Change 23.2% -23.1% 22.3% -22.5% 40.3% 9.80 ENVIR Utilities: Light & Power - Energy Services $4,401,391 $4,959,714 $4,539,648 $5,317,950 $4,394,748 $4,439,633 % Change 12.7% -8.5% 17.1% -17.4% 1.0% 9.81 ENVIR Utilities: Light & Power - Residential & Commercial Solar Rebates $1,211,801 $799,190 $825,680 $710,000 $500,000 $500,000 % Change -34.0% 3.3% -14.0% -29.6% 0.0% 9.82 ENVIR Utilities: Light & Power - Core Renewable Energy $2,249,596 $2,564,237 $2,654,070 $3,874,500 $3,428,300 $3,671,500 % Change 14.0% 3.5% 46.0% -11.5% 7.1% 9.83 ENVIR Utilities: Light & Power - Demand Response $567,069 $1,000,549 $586,908 $620,400 $629,460 $638,663 % Change 76.4% -41.3% 5.7% 1.5% 1.5% 39.2 HPG City Manager's Office $108,145 $111,390 % Change 3.0% 63.1 HPG General Legal Services $86,407 $89,000 % Change 3.0% 87.1 SAFE City Managers Office: Office of Emergency Management $12,000 $13,000 % Change 8.3% Subtotal Current Offers $125,413,331 $136,896,548 $131,462,912 $134,224,558 $136,780,657 $141,329,553 $136,780,657 $141,329,553 % Change 9.2% -4.0% 2.1% 1.9% 3.3% Less Current $4,430,947 $4,139,467 CAPITAL PROJECTS Offer Result Title 8.6 ECON Capital Replacement - Utilities: Light & Power - Substation Capital Upgrades $649,000 $624,000 % Change 8.7 ECON Capital Replacement - Utilities: Light & Power - Electric Distribution Transformer Replacement $577,500 $922,600 % Change 8.8 ECON Capital Replacement - Utilities: Light & Power - Attrition Based LED Streetlight Conversion $341,360 $351,600 % Change 8.9 ECON Capital Replacement - Utilities: Light & Power - System Cable Replacement $500,000 $500,000 % Change 12.1 CULTU Utilities Capital Project: Art in Public Places $14,800 $14,076 % Change Subtotal Capital Projects $4,370,564 $2,082,660 $2,412,276 $2,082,660 $2,412,276 % Change -52.3% 15.8% TOTAL WITH CAPITAL PROJECTS $125,413,331 $136,896,548 $131,462,912 $138,595,122 $138,863,317 $143,741,829 Less Capital $2,348,287 $1,727,191 ENHANCEMENTS Offer Result Title 8.12 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 724 to Serve North College Area $980,000 00 8.15 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 236 to Serve Drake & Lemay Area $500,000 00 8.25 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - Supervisory Control Operations Center Remodel $950,000 00 10.15 HPG ENHANCEMENT: 1.0 FTE Utilities (Repurpose): Customer Service & Administration - Data Enhancement ($109,213) ($113,019) 00 10.19 HPG ENHANCEMENT CAPITAL - Utilities: Asset Register and Work Order Management System $435,000 00 10.23 HPG ENHANCEMENT: CAPITAL - Utilities: 700 Wood Street Building/Facilities $160,000 $170,000 00 43.12 ENVIR ENHANCEMENT: 2030 Climate Action and Energy Policy Update –Optimizing Policy, Targets and Strategies (50%) $20,000 $40,000 00 9.90 ENVIR ENHANCEMENT: Utilities: Light & Power - Energy Efficiency $237,500 $237,500 00 9.92 ENVIR ENHANCEMENT: Utilities: Light & Power - Non-Residential Solar Rebates $125,000 $125,000 00 8.13 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 734 to Serve Downtown Area $590,000 11 8.14 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 322 to Serve East Prospect & Mulberry Area $820,000 11 8.16 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 576B to Serve West Harmony Area $457,600 11 8.17 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 314 to Serve East Prospect Area $700,000 11 8.18 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - New Duct Bank - County Road 5, Prospect to Mulberry $1,800,000 11 8.22 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - Arterial & Collector Street LED Streetlight Conversion $773,640 $220,400 11 8.23 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - Cable Waste Reduction $1,447,983 11 8.24 ECON ENHANCEMENT - Utilities: Light & Power - Mobile Contact Voltage Survey $59,470 $190,960 11 8.26 ECON ENHANCEMENT - Utilities: Light & Power - Automated Vehicle/Crew Location Operational Tech Upgrade $55,000 $20,000 11 8.27 ECON ENHANCEMENT CAPITAL - Utilities: Light & Power - Electric Distribution Training Field $200,000 11 8.29 ECON ENHANCEMENT CAPITAL- Utilities: Light & Power - Overhead to Underground Conversions $516,000 $500,000 11 9.91 ENVIR ENHANCEMENT: Utilities: Light & Power - Cold Weather Pump Demonstration $150,000 $150,000 11 9.94 ENVIR ENHANCEMENT: Utilities: Light & Power - Bring Your Own Thermostat (BYOT) $30,000 $30,000 11 9.95 ENVIR ENHANCEMENT: Utilities: Light & Power - Battery Storage Demonstration $100,000 $100,000 11 9.93 ENVIR ENHANCEMENT: Utilities: Light & Power - Solar Power Purchase Program (SP3) $200,000 11 9.96 ENVIR ENHANCEMENT: 1.0 FTE Conversion to Classified - Energy Code Compliance Specialist - Utilities: Light & Power (50%) $2,135 $2,198 11 87.2 SAFE ENHANCEMENT: OEM $2,300 $2,350 11 Subtotal Enhancements $3,354,870 $8,074,815 $4,802,989 $2,348,287 $1,409,481 TOTAL WITH ENHANCEMENTS $125,413,331 $136,896,548 $131,462,912 $141,949,992 $146,938,132 $148,544,818 Less Enhancements $0 $317,710 % Change 9.2% -4.0% 8.0% 3.5% 1.1% Available Reserves REVENUE PROJECTION LESS ALL OFFERS ($836,231) ($2,874,243) $5,543,550 ($6,087,536) ($6,065,446) ($3,075,798) $338,918 $0 $317,710 WITHDRAWN OFFERS Offer Result Title 8.11 Econ ENHANCEMENT CAPITAL - Utilities: Light & Power - New Feeder Capacity - Circuit 936 to Serve South Shields Area (Withd $1,280,000 8.19 Econ ENHANCEMENT CAPITAL - Utilities: Light & Power - New Duct Bank - Overland Trail, Drake to Prospect (Hughes Stadium) $1,950,000 8.20 Econ ENHANCEMENT CAPITAL - Utilities: Light & Power - New Duct Bank - Mountain Vista Drive - (Montava) (Withdrawn) $2,200,000 8.21 Econ ENHANCEMENT CAPITAL - Utilities: Light & Power - New Duct Bank - Timberline to I-25 (Withdrawn) $3,770,000 8.28 Econ ENHANCEMENT 1.0 FTE - Utilities: Light & Power - Substation Specialist (Withdrawn) $87,788 $90,943 $3,317,788 $6,060,943 15.3 Packet Pg. 260 Attachment: Fund Summaries - Electric and Stormwater Only (7273 : Utility Rates) STORMWATER FUND ####### Actual 2015 Actual 2016 Actual 2017 Budget 2018 Budget 2019 Budget 2020 2019 2020 REVENUE PROJECTION Operating Revenue $15,035,237 $15,620,342 $16,755,272 $16,210,000 $17,170,000 $17,510,000 % Change 3.9% 7.3% -3.3% 5.9% 2.0% PIF / Contributions $1,276,385 $1,301,236 $1,078,414 $800,000 $680,000 $570,000 % Change 1.9% -17.1% -25.8% -15.0% -16.2% All Other Revenues $342,365 $216,332 $567,149 $415,305 $438,325 $457,383 % Change -36.8% 162.2% -26.8% 5.5% 4.3% Total Revenues $16,653,987 $17,137,910 $18,400,835 $17,425,305 $18,288,325 $18,537,383 Revenues $18,288,325 $18,537,383 % Change 2.9% 7.4% -5.3% 5.0% 1.4% Less Contribution to Reserves ($1,000,000) ($1,000,000) Available for BFO $17,288,325 $17,537,383 Actual 2015 Actual 2016 Actual 2017 Budget 2018 Budget 2019 Budget 2020 + $500K from NECCO closeout CURRENT OFFERS $500,000 Offer Result Title 9.100 ENVIR Utilities: Stormwater - Household Hazardous Waste & Spill Response Services $118,286 $110,587 $122,192 $139,060 $157,000 $157,000 $17,788,325 % Change -6.5% 10.5% 13.8% 12.9% 0.0% 11.2 SAFE Utilities: Stormwater - Core Operations $2,809,365 $3,118,677 $3,358,585 $3,461,280 $3,763,198 $3,887,830 % Change 11.0% 7.7% 3.1% 8.7% 3.3% 11.3 SAFE Capital Replacement - Utilities: Stormwater - Minor Capital $278,352 $266,843 $280,916 $101,767 $383,232 $533,232 % Change -4.1% 5.3% -63.8% 276.6% 39.1% 90.4 Utilities: Stormwater - Payments and Transfers $9,623,198 $10,234,652 $10,012,425 $7,590,227 $7,511,987 $6,072,936 % Change 6.4% -2.2% -24.2% -1.0% -19.2% 9.101 ENVIR REDUCTION - Utilities: Stormwater - Household Hazardous Waste Events ($27,400) ($27,400) NOT ACCEPTED % Change 0.0% 9.102 ENVIR REDUCTION - Utilities: Community Spill Response ($32,400) ($32,400) % Change 0.0% 63.1 HPG General Legal Services (Stormwater portion) $13,543 $13,950 % Change 3.0% 87.1 SAFE City Managers Office: Office of Emergency Management (Stormwater portion) $38,000 $39,000 % Change 2.6% Subtotal Current Offers $12,829,201 $13,730,759 $13,774,118 $11,292,334 $11,834,563 $10,671,548 11,834,563 10,671,548 % Change 7.0% 0.3% -18.0% 4.8% -9.8% Less Current $5,953,762 $6,865,835 CAPITAL PROJECTS Offer Result Title 11.4 SAFE Ongoing Capital - Utilities: Stormwater - Stream Rehabilitation Program $1,400,000 $801,000 $1,408,900 $0 $0 11.5 SAFE $1,500,000 $1,400,000 $1,500,000 $0 $0 Subtotal $2,900,000 $2,201,000 $2,908,900 % Change -24.1% 32.2% 11.6 SAFE Capital Replacement - Utilities: Stormwater - Basin Master Plan Updates $450,000 $450,000 $1 $1 % Change 0.0% 11.7 SAFE Capital Replacement - Utilities: Stormwater - Developer Repayments $300,000 $100,000 $0 $0 % Change -66.7% 12.1 CULTU Utilities Capital Project: Art in Public Places $7,611 $25,462 - - % Change 234.5% Other Capital Work Completed in 2017 % Change Subtotal Capital Projects $2,900,000 $2,958,611 $3,484,362 $2,958,611 $3,484,362 % Change 2.0% 17.8% TOTAL WITH CAPITAL PROJECTS 12,829,201 13,730,759 13,774,118 14,192,334 14,793,174 14,155,910 Less Capital $2,995,151 $3,381,473 % Change 7.0% 0.3% 3.0% 4.2% -4.3% ENHANCEMENTS Offer Result Title Subtotal Enhancements $4,299,501 $2,182,544 $3,260,225 $2,024,471 $3,123,946 TOTAL WITH ENHANCEMENTS 12,829,201 13,730,759 13,774,118 18,491,835 16,975,718 17,416,135.12 Less Enhancements $970,680 $257,527 % Change 7.0% 0.3% 34.3% -8.2% 2.6% Available Reserves REVENUE PROJECTION LESS ALL OFFERS $3,824,786 $3,407,151 $4,626,717 ($1,066,530) $312,607 $121,248 $1,970,680 $3,228,207 Withdrawn Offers 9.35 ENVIR ENHANCEMENT: 1.0 FTE Utilities: Water/Wastewater/Stormwater Utilities Planner/Scheduler - WITHDRAWN $29,585 $34,248 9.103 ENVIR ENHANCEMENT CAPITAL - Utilities: Pollution Prevention/Good Housekeeping Training Facility - WITHDRAWN $100,000 $0 11.18 Safe ENHANCEMENT: 1.0 FTE Utilities: Stormwater - Civil Engineer II (Stormwater Master Planning) -WITHDRAWN $129,854 $128,697 $259,439 $162,945 15.3 Packet Pg. 262 Attachment: Fund Summaries - Electric and Stormwater Only (7273 : Utility Rates) Electric Criteria 2019 2020 2021 1.4% 0.8% 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% 2. 3 yr ave Operating Income < 0 5.0% 3.0% TBD 3. Debt Coverage Ratio < 2.0 TBD 4. Available Reserves less Capital Need < 0 TBD Sum of Above 6.4% 5.8% 5. Lesser of 5.0% or the sum of above 5.0% 5.0% TBD Increase Carried Forward 1.4% 0.8% TBD TBD - to be determined in the 2021-22 Budget cycle Stormwater Criteria 2019 2020 1. 3 yr ave Operating Income < 0 2. Debt Coverage Ratio < 2.0 4. Available Reserves less Capital Need < 0 2.0% 2.0% Sum of Above 2.0% 2.0% 5. Lesser of 5.0% or the sum of above 2.0% 2.0% Fund 501 Reserves $M Reserve Balance 12/31/2017 $33.5 LESS Minimum Required Reserves ($8.4) LESS Appropriations Prior to 12/31/2017 ($9.2) LESS 2018 Budget Use of Reserves ($4.5) Reserves Available 12/31/2017 $11.4 LESS 2018 Appropriations to date ($8.4) LESS 2019-20 Budget Use of Reserves ($0.3) Reserves Available 10/15/2018 $2.7 15.3 Packet Pg. 263 Attachment: Fund Summaries - Electric and Stormwater Only (7273 : Utility Rates) DATE: September 27, 2018 TO: Mayor Troxell and Councilmembers FROM: Lisa Rosintoski, Deputy Director- Utilities Customer Connections THROUGH: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Kevin R. Gertig, Utilities Executive Director RE: Utilities Affordability Portfolio and Income Qualified Assistance Program Update Bottom Line: In 2018, Utilities staff has worked with local service providers, regional partners, and subject matter experts to identify participation barriers for low income customers. Most pervasive barriers are transportation, accessibility, convenience, and access to trusted resources. Utilities has implemented engagement and communication strategies to address these barriers and help residents more easily participate in our low-income programs. A comprehensive communication, outreach and engagement strategy is the cornerstone of resident awareness and participation that is more robust based on the Time-of-Day (TOD) rate, effective October 1, 2018. Participation 2018  Direct Assistance: Dollars provided directly to customers in the form of bill payment assistance. Includes Payment Assistance Fund, Energy Outreach Colorado/Payment Assistance Fund matching, Solar Affordability Program, and Medical Assistance Program. The Solar Affordability Program has sunset with the introduction of the Income Qualified Assistance Program. Accruing solar credits will be used to assist low-income customers in early 2019.  Indirect Assistance: Dollars provided indirectly to customers in the form of efficient materials installation or services that increase energy and water efficiency. Includes Larimer County Conservation Corp, Nonprofit Energy Efficiency Program (NEEP), and Colorado’s Affordable Energy Efficiency Program (CARE). DocuSign Envelope ID: F4E9F08D-4988-4ADA-8377-119606478D07 9/26/2018 9/26/2018 9/26/2018 9/27/2018 ATTACHMENT 4 15.4 Packet Pg. 264 Attachment: Memo - Utilities Affordability Portfolio and IQAP update (7273 : Utility Rates) 2018 Portfolio Status Updates 2016 2017 2018 ALL Affordability Program Assistance Dollars Total $204,483 $275,054 $353,370 ALL Affordability Program Assistance Household Total 877 1,100 1,534 ALL Affordability Program Assistance Average Dollars/Household $233 $250 $230 Direct Assistance Dollars Total $120,269 $147,574 $137,213 Direct Assistance Households* 499 661 556 Direct Assistance Average Dollars/Household $241 $223 $247 Indirect Assistance Household Total $84,214 $127,480 $216,157 Indirect Assistance Customers** 378 439 978 Indirect Assistance Average Dollars/Household $223 $290 $221 *IQAP data not included due to 10/1/18 start date **includes Larimer County Conservation Corp, Energy Outreach Colorado Efficiency Projects (i.e. Nonprofit Energy Efficiency Program), Colorado Energy Assistance Program Utilities Affordability Program Participation Savings per household/year Total Investment *1,126 applications sent to qualified LEAP participants; 74% enrollment rate Larimer County Conservation Corp $100,000 Income Qualified Assistance Program (IQAP)* Medical Assistance Program Payment Assistance Fund Colorado’s Affordable Energy Efficiency Program (CARE) EOC Efficiency Programs (NEEP/MFU) Solar Affordability Program $244 829 131 325 53 500 19 425 23% rate reduction $127, 19% Utility bill reduction $251 16% gas, 8% electric reduction Engagement and Outreach Plans Increase outreach and visibility of Utility Affordability programs through strengthened partnerships, and increased community education and outreach.  Provide UAP information at community-centered locations, i.e. Senior Center and Northside Aztlan  Provide information at income-qualified residential facilities where residents are billed separately and would be able to participate in program offerings (i.e. Woodbridge Senior Living, etc)  Work with multifamily properties, tenants, and other identified groups to provide behavior change guidance, educational opportunities, and inform of available programs and services  Offer UAP materials and website information in Spanish  Send IQAP application through direct mail and via email communication to qualified LEAP residents  Community-wide awareness of programs through Utilities bill inserts, social media/Facebook, partners  Leverage existing community events to engage low-income customers  Provide 1:1 interaction in Utilities Administration Building lobby during LEAP application period  Maintain seasonally appropriate outreach campaigns to provide ongoing engagement strategies 2018-2019 Strategic Partnerships  Collaborate with low-income service providers such as La Familia-The Family Center and Catholic Charities to provide UAP materials and customer education resulting in simple, streamlined application processes  Partner with Discover Goodwill’s Mission in Motion (mobile office) for LEAP sign-up days to provide a convenient, customer focused application process  Collaborate with other key stakeholders including Social Sustainability Department, Senior Advisory Board, and Energy Outreach Colorado to effectively reach low-income customers  Partner with the Professional for Seniors group and attend the December Children in Need event  Collaborate with Finance, Sustainability and Recreation to explore cross-promotion opportunities  Work with cross-City team to explore consolidated low-income application options  Integrate messaging and outreach with Sustainability and Neighborhood Services where possible DocuSign Envelope ID: F4E9F08D-4988-4ADA-8377-119606478D07 15.4 Packet Pg. 266 Attachment: Memo - Utilities Affordability Portfolio and IQAP update (7273 : Utility Rates)  Partner with Housing Catalyst and PSD to leverage non-LEAP income-qualifying programs; explore other income-qualification platforms to maximize our reach and impact to target audience in the future  Communicate with Boards, Commissions and impacted stakeholder/trade organizations  Ongoing and expanded service provider engagement o Regular email communications o Host annual gathering to share information o Attendance at appropriate community group meetings o Offering educational resources and support o Facilitating meetings or presentations o Event presence and materials distribution o Neighborhood canvassing CC: Cyril Vidergar, Assistant City Attorney Randy Reuscher, Utility Rate Analyst Gretchen Stanford, Community Engagement Manager Crystal Shafii, Program Coordinator Supervisor DocuSign Envelope ID: F4E9F08D-4988-4ADA-8377-119606478D07 15.4 Packet Pg. 267 Attachment: Memo - Utilities Affordability Portfolio and IQAP update (7273 : Utility Rates) ATTACHMENT 5 15.5 Packet Pg. 268 Attachment: Utilities Affordability Portfolio & Programs Memo (7273 : Utility Rates) 15.5 Packet Pg. 269 Attachment: Utilities Affordability Portfolio & Programs Memo (7273 : Utility Rates) 15.5 Packet Pg. 270 Attachment: Utilities Affordability Portfolio & Programs Memo (7273 : Utility Rates) 15.5 Packet Pg. 271 Attachment: Utilities Affordability Portfolio & Programs Memo (7273 : Utility Rates) 15.5 Packet Pg. 272 Attachment: Utilities Affordability Portfolio & Programs Memo (7273 : Utility Rates) ATTACHMENT 6 15.6 Packet Pg. 273 Attachment: Utilities Affordability Portfolio Goals Memo (7273 : Utility Rates) Utilities electric · stormwater · wastewater · water 222 Laporte Ave. PO Box 580 Fort Collins, CO 80522-0580 970.212.2900 V/TDD: 711 utilities@fcgov.com fcgov.com/utilities DATE: October 9, 2018 TO: Mayor Troxell and Councilmembers FROM: Lisa Rosintoski, Deputy Director, Utilities Customer Connections THROUGH: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Kevin Gertig, Utilities Executive Director RE: Leadership Planning Team Request - Utilities Affordability Portfolio Outreach This memo is in response to the October 8 Leadership Planning Team request on how customers are informed about available programs within the Utilities Affordability Portfolio. Below are the identified outreach tactics and associated metrics for 2018. Bottom Line: The Utilities Affordability Portfolio outreach is an annual campaign to educate customers regarding the programs that provide direct and indirect financial assistance and education for at risk populations. The UAP campaigns achieve increased donations to the Payment Assistance Fund, and increased program participation year over year. 2018 Outreach Overview Outreach Type Description Reach Bill Insert/City News Various print pieces sent through Utility bills to all customers 10 individual pieces/touches to ~49,000 customers each time Community Events Relevant community-attended events 22 events/presentations Direct Mail/Email Targeted to: LEAP participants, MAP/SAP customers, PAF donors >10 individual targeted communication to ~3000 customers General Outreach IVR message, distributed posters, external newsletters, press release, etc >16 general community outreach awareness and promotion Lobby Presence Bilingual staff member/volunteer hosted info booth at 222 Laporte Ave 17.75 staff hours over 2-month period Partnerships Agencies and partner communications in person and via email >60 agencies/partners contacted Social Media Comprehensive social media (Facebook)campaigns September through April >10 social media ads/promos reaching 16,176 people Utilities Website UAP web pages up year-round updates, seasonal promotions cc: Gretchen Stanford, Community Engagement Manager Crystal Shafii, Program Coordinator Supervisor DocuSign Envelope ID: 03E32C0D-8E53-4831-BCD6-B491499CAA11    2019 Kevin R. Gertig, Utilities Executive Director Lance Smith, Utilities Strategic Finance Director ATTACHMENT 8 11.06.2018 15.8 Packet Pg. 275 Attachment: PowerPoint Presentation (7273 : Utility Rates) 2019 Rate Summary 2 UTILITY 2019 PROPOSED INCREASE NOTES ELECTRIC 5% Varies by rate class WATER 0% WASTEWATER 0% STORMWATER 2% Same for all rate classes 15.8 Packet Pg. 276 Attachment: PowerPoint Presentation (7273 : Utility Rates) ELECTRIC RATES 3 15.8 Packet Pg. 277 Attachment: PowerPoint Presentation (7273 : Utility Rates) Light & Power Fund Operating Income 4 ($20,000,000) $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 $160,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Light & Power Fund Operating Income (2007-2017) OPERATING INCOME Total Operating Revenue Total Operating Expenses 15.8 Packet Pg. 278 Attachment: PowerPoint Presentation (7273 : Utility Rates) Financial Criteria for Rate Adjustments 5 Criteria 2019 2020 2021 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% Criteria 2019 2020 2021 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% 2. 3 yr ave Operating Income < 0 5.0% 3.0% TBD Criteria 2019 2020 2021 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% 2. 3 yr ave Operating Income < 0 5.0% 3.0% TBD 3. Debt Coverage Ratio < 2.0 TBD Criteria 2019 2020 2021 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% 2. 3 yr ave Operating Income < 0 5.0% 3.0% TBD 3. Debt Coverage Ratio < 2.0 TBD 4. Available Reserves less Capital Need < 0 TBD Criteria 2019 2020 2021 1.4% 0.8% 1. PRPA wholesale energy costs 1.4% 1.4% 1.4% 2. 3 yr ave Operating Income < 0 5.0% 3.0% TBD 3. Debt Coverage Ratio < 2.0 TBD 4. Available Reserves less Capital Need < 0 TBD Sum of Above 6.4% 5.8% 5. Lesser of 5.0% or the sum of above 5.0% 5.0% TBD Increase Carried Forward 1.4% 0.8% TBD TBD - to be determined in the 2021-22 Budget cycle 15.8 Packet Pg. 279 Attachment: PowerPoint Presentation (7273 : Utility Rates) Electric Rate History / Forecast 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% 10% 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 % Rate Increase Electric Monthly Rates Purchased Power Distribution System Energy Services 15.8 Packet Pg. 280 Attachment: PowerPoint Presentation (7273 : Utility Rates) 2019 Cost of Service 15.8 Packet Pg. 281 Attachment: PowerPoint Presentation (7273 : Utility Rates) STORMWATER RATES 8 15.8 Packet Pg. 282 Attachment: PowerPoint Presentation (7273 : Utility Rates) Financial Criteria for Rate Adjustments 9 Criteria 2019 2020 1. 3 yr ave. Operating Income < $0 - - 3. Debt Coverage Ratio < 2.0 - - 4. Available Reserves less Capital Need < 0 * 2.0% 2.0% Sum of Above 2.0% 2.0% 5. Lesser of 5.0% or the sum of above 2.0% 2.0% * This is an estimate in lieu of the capital improvement plan being prioritized. It will be necessary to increase revenues to support the significant capital needs for this utility 15.8 Packet Pg. 283 Attachment: PowerPoint Presentation (7273 : Utility Rates) 10 Stormwater Rate History / Forecast 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% 10% 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 % Rate Increase Stormwater Monthly Rate Changes 15.8 Packet Pg. 284 Attachment: PowerPoint Presentation (7273 : Utility Rates) UTILITY COST COMPARISON 11 15.8 Packet Pg. 285 Attachment: PowerPoint Presentation (7273 : Utility Rates) 2018 Comparison - Residential 12 Electric Water Wastewater Stormwater Total 2018 2018 2018 2018 2018 Longmont $ 65.25 $ 45.03 $ 32.71 $ 13.05 $ 156.04 Greeley $ 79.38 $ 54.45 $ 19.74 $ 10.92 $ 164.49 Loveland $ 73.41 $ 44.84 $ 30.65 $ 16.24 $ 165.13 Ft Collins $ 71.96 $ 47.88 $ 34.45 $ 15.42 $ 169.71 Boulder $ 79.38 $ 44.08 $ 35.09 $ 15.61 $ 174.16 Colorado Springs $ 87.13 $ 85.91 $ 28.63 N/A $ 201.66 15.8 Packet Pg. 286 Attachment: PowerPoint Presentation (7273 : Utility Rates) 2019 Rate Adjustments in Neighboring Communities 13 ELECTRIC WATER WASTEWATER STORMWATER OVERALL OVERALL OVERALL OVERALL Loveland 5.00% 9.00% 11.00% 8.30% Longmont 0.00% 9.00% 2.00% 5.00% Boulder 7.00% 5.00% 5.00% Ft Collins 5.00% 0.00% 0.00% 2.00% 15.8 Packet Pg. 287 Attachment: PowerPoint Presentation (7273 : Utility Rates) RESIDENTIAL BILL IMPACTS 14 15.8 Packet Pg. 288 Attachment: PowerPoint Presentation (7273 : Utility Rates) Proposed 2019 Average Residential Bill Utility 2018 2019 $ Change % Change Electric $ 71.96 $ 75.41 $ 3.45 4.8% Water $ 47.88 $ 47.88 $ - 0.0% Wastewater $ 34.45 $ 34.45 $ - 0.0% Stormwater $ 15.42 $ 15.73 $ 0.31 2.0% Total Average Bill $ 169.71 $ 173.47 $ 3.76 2.2% Average Residential Monthly Bill Fort Collins Utilities 15.8 Packet Pg. 289 Attachment: PowerPoint Presentation (7273 : Utility Rates) 16 15.8 Packet Pg. 290 Attachment: PowerPoint Presentation (7273 : Utility Rates) Light & Power Fund Reserves 17 $M Reserve Balance 12/31/2017 $33.5 LESS Minimum Required Reserves ($8.4) LESS Appropriations Prior to 12/31/2017 ($9.2) LESS 2018 Budget Use of Reserves ($4.5) Reserves Available 12/31/2017 $11.4 LESS 2018 Appropriations to date ($8.4) LESS 2019-20 Budget Use of Reserves ($0.3) PLUS 2018 Unanticipated Revenues $2.5 Reserves Available 10/15/2018 $5.2 15.8 Packet Pg. 291 Attachment: PowerPoint Presentation (7273 : Utility Rates) Light & Power Fund CIP 18 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Annual Capital Investment Light & Power Fund Capital Improvement Plan New Capacity Fiber Optics Improvements Substation Improvements Operational Technology Distribution System Improvements Annexations Service Area - wide Historical Ave Capital 2007-16 Ave Capital Investment 2017-26 Previous CIP Estimated 2017-2026 Capital Investment 15.8 Packet Pg. 292 Attachment: PowerPoint Presentation (7273 : Utility Rates) Utility Affordability Portfolio 19 Colorado Affordable Residential Energy (Deep Retrofits) Income- Qualified Assistance Program (Discounted Rate) Medical Assistance Program (Long-term Assistance) Payment Assistance Fund (Short-term Assistance) Water and Energy Program (Basic Retrofits) 15.8 Packet Pg. 293 Attachment: PowerPoint Presentation (7273 : Utility Rates) -1- ORDINANCE NO. 134, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES, AND CHARGES AND UPDATING RELATED PROVISIONS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, revenues from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, the City purchases bulk wholesale electric power from Platte River Power Authority (“PRPA”) pursuant to an Amended Contract for Supply of Electric Power and Energy, dated September 1, 2010; and WHEREAS, PRPA will increase the City’s wholesale cost of power approximately 2.0% in 2019; and WHEREAS, Utilities staff has determined the increased wholesale power cost will require an average 1.4% retail rate increase and increased local distribution costs will require an additional average 3.6% rate increase, for a total City retail electric rate increase in 2019 of 5.0% in order to remain consistent with Article XII, Section 6, of the City Charter; and WHEREAS, the proposed rate increase will vary based on the cost of service to each customer class; and WHEREAS, on November 21, 2017, City Council adopted Ordinance No. 155, 2017, transitioning electric service rates from tiered to a “time-of-day” (“TOD”) based structure for all meter readings on or after October 1, 2018; and WHEREAS, in addition to adjusting electric rates, Utilities staff has identified formatting and maintenance updates to Chapter 26 of the City Code necessary to improve the clarity with which electric rates are stated; and WHEREAS, on September 18, 2018, City Council adopted Ordinance No. 116, 2018, extending tiered-based electric rates for customers enrolled in manual-read metering service as of August 31, 2018, while all other customers transitioned to TOD on October 1, 2018; and Packet Pg. 294 -2- WHEREAS, staff recommends continuing tiered-based electric rates for manual-read metering service customers until completion of upgrades to metering equipment necessary to serve those customers on TOD rates, while all other customers will transition to updated TOD rates on January 1, 2019; and WHEREAS, staff recommends City Council authorize the Utilities Executive Director to extend until December 31, 2018, tiered solar generation bill credits and delay implementing TOD credit rates for community solar projects where power purchase agreements with operators allow the City to change the solar credit only once annually, as extending tiered credits for these projects will avoid potential contract compliance issues; and WHEREAS, the Energy Board considered the proposed electric rates and methods of application at its September 13 and October 11, 2018 regular meetings, and provided recommendations of approval of proposed rate sets to City Council; and WHEREAS, the City Manager and staff have recommended to the City Council the following TOD-based electric rate adjustments and City Code rate language clarifications for all billings issued with meter readings on or after January 1, 2019; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the electric rates, fees and charges. 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 Sections 26-464 (c), (d), (f), (p), (r) and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (c) Monthly rate. (1) Tiered Rate - Limited-Term. The monthly rates for this schedule shall be the sum of the following charges, applied to all remote-read meter readings on or after January 1, 2018, through September 30, 2018. Customers enrolled in manual meter reading services as of August 31, 2018 shall remain on the tiered rates below until the date meter upgrades necessary to serve such customers on time-of- day rates are completed, as which time the time-of-day rates under subsection (2) of this Section shall apply. a. Fixed Charge Per account $5.81 Packet Pg. 295 -3- $6.40 b. Distribution facilities charge Per kWh $0.0257 $0.0283 c. Energy and demand charge 1. Summer. For billings based on meter readings during the months of June, July and August, provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. a) Tier 1 - for the first five hundred (500) kilowatt hours per month b) Tier 2 - for the next five hundred (500) kilowatt hours per month c) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0647 $0.0660 Per kWh $0.0823 $0.0839 Per kWh $0.1173 $0.1196 2. Non-summer. For billings based on meter readings during the months of January through May and September through December. a) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh b) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh c) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0595 $0.0607 Per kWh $0.0638 $0.0651 Per kWh $0.0729 $0.0744 ... (2) Time-of-day. The monthly rates for this schedule shall be the sum of the following charges, applied to all remote-read meter readingsenergy consumption on or after October January 1, 20189. Customers enrolled in manual meter reading services as of August 31, 2018 shall be billed based on time-of-day rates as of the date meter upgrades necessary to serve such customers on time-of-day rates are completed. a. Fixed Charge Per account $5.81 $6.40 b. Distribution facilities charge Per kWh $0.0197 $0.0217 c. Energy and demand charge 1. Summer. For billings based on consumption during the months of May, June, July, August, and September (a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh -4- (b) Off-Peak Per kWh $0.0428 $0.0437 2. Non-summer. For billings based on consumption during the months of January through April and October through December. (a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (b) Off-Peak Per kWh $0.1788 $0.1824 Per kWh $0.0411 $0.0419 e. Energy efficiency tier charge, per kilowatt hour for total consumption over 700 kWh in a billing month (regardless of on-peak or off-peak) Per kWh $0.0166 $0.0183 ... (d) Medical assistance program. . . . (3) a. Tiered. The discounted monthly rates for customers with electrical durable medical equipment only shall be the sum of the following charges, applied to all meter readings on or after January 1, 2018, through September 30, 2018: 1. Fixed Charge Per account $5.81 2. Distribution facilities charge Per kWh $0.0257 3. Energy and demand charge a) Summer. For billings based on meter readings during the months of June, July and August, provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (i) Tier 1 - for the first five hundred (500) kilowatt hours per month (ii) Tier 2 - for the next five hundred (500) kilowatt hours per month (iii) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0363 Per kWh $0.0823 Per kWh $0.1173 b) Non-summer. For billings based on meter readings during the months of January through May and September through December. (i) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (ii) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (iii) Tier 3 - for all additional kilowatt hours Per kWh $0.0325 Per kWh $0.0638 Per kWh $0.0733 Packet Pg. 297 -5- per month, per kWh 4. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent b. Durable Medical Equipment (DME) Time-of-useday. The discounted monthly rates for customers with electrical durable medical equipment only shall be the sum of the following charges, applied to all meter readingsenergy consumption on or after October January 1, 20189: 1. Fixed Charge Per account $5.81 $6.40 2. Distribution facilities charge Per kWh $0.0197 $0.0217 3. Energy and demand charge a) Summer. For billings based on consumption during the months of May, June, July, August, and September (i) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) (ii) Off-Peak Per kWh $0.1411 $0.1439 Per kWh $0.0300 $0.0306 b) Non-summer. For billings based on consumption during the months of January through April and October through December. (i) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (ii) Off-Peak Per kWh $0.1252 $0.1277 Per kWh $0.0288 $0.0294 4. Energy efficiency tier charge, per kilowatt hour for total consumption over 700 kWh in a billing month (regardless of on-peak or off-peak) Per kWh $0.0166 $0.0183 ... (4) a. Tiered. The discounted monthly rates for customers with medical needs requiring air conditioning only shall be the sum of the following charges, applied to all meter readings on or after January 1, 2018, through September 30, 2018: 1. Fixed Charge Per account $5.81 2. Distribution facilities charge Per kWh $0.0257 3. Energy and demand charge Packet Pg. 298 -6- a) Summer. For billings based on meter readings during the months of June, July and August, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (i) Tier 1 - for the first five hundred (500) kilowatt hours per month (ii) Tier 2 - for the next five hundred (500) kilowatt hours per month (iii) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0358 Per kWh $0.0454 Per kWh $0.1173 b) Non-summer. For billings based on meter readings during the months of January through May and September through December. (i) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (ii) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (iii) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0595 Per kWh $0.0638 Per kWh $0.0733 4. Payment in lieu of taxes (PILOT) and franchise. A charge of all monthly service charges billed pursuant to this Section 6 percent b. Air Conditioning (A/C) Time-of-useday. The discounted monthly rates for customers with medical needs requiring air conditioning only shall be the sum of the following charges, applied to all meter readingsenergy consumption on or after October January 1, 20189: 1. Fixed Charge Per account $5.81 $6.40 2. Distribution facilities charge Per kWh $0.0197 $0.0217 3. Energy and demand charge a) Summer. For billings based on consumption during the months of May, June, July, August, and September (i) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) (ii) Off-Peak Per kWh $0.0428 $0.0437 Per kWh $0.0428 $0.0437 b) Non-summer. For billings based on consumption during the months of January through April and October through December. Packet Pg. 299 -7- (i) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (ii)Off-Peak Per kWh $0.1788 $0.1824 Per kWh $0.0411 $0.0419 4. Energy efficiency tier charge, per kilowatt hour for total consumption over 700 kWh in a billing month (regardless of on-peak or off-peak) Per kWh $0.0166 $0.0183 ... (5) a. Tiered. The discounted monthly rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be the sum of the following charges, applied to all meter readings on or after January 1, 2018, through September 30, 2018: 1. Fixed Charge Per account $5.81 2. Distribution facilities charge Per kWh $0.0257 3. Energy and demand charge a) Summer. For billings based on meter readings during the months of June, July and August, provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. (i) Tier 1 - for the first five hundred (500) kilowatt hours per month (ii) Tier 2 - for the next five hundred (500) kilowatt hours per month (iii) Tier 3 - for all additional kilowatt hours per month Per kWh $0.0234 Per kWh $0.0298 Per kWh $0.1173 b) Non-summer. For billings based on meter readings during the months of January through May and September through December. (i) Tier 1 - for the first five hundred (500) kilowatt hours per month, per kWh (ii) Tier 2 - for the next five hundred (500) kilowatt hours per month, per kWh (iii) Tier 3 - for all additional kilowatt hours per month, per kWh Per kWh $0.0325 Per kWh $0.0638 Per kWh $0.0733 4. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent Packet Pg. 300 -8- b. Durable Medical Equipment (DME) & A/C Time-of-use-day. The discounted monthly rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be the sum of the following charges, applied to all meter readingsenergy consumption on or after October January 1, 20189: 1. Fixed Charge Per account $5.81 $6.40 2. Distribution facilities charge Per kWh $0.0197 $0.0217 3. Energy and demand charge a) Summer. For billings based on consumption during the months of May, June, July, August, and September (i) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) (ii) Off-Peak Per kWh $0.0428 $0.0437 Per kWh $0.0300 $0.0306 b) Non-summer. For billings based on consumption during the months of January through April and October through December. (i) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) (ii) Off-Peak Per kWh $0.1252 $0.1277 Per kWh $0.0288 $0.0294 4. Energy efficiency tier charge, per kilowatt hour for total consumption over 700 kWh in a billing month (regardless of on-peak or off-peak) Per kWh $0.0166 $0.0183 ... . . . (f) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (f) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.10 $2.21 . . . (p) Net metering. Packet Pg. 301 -9- … (5) a. Tiered Rate - Limited Term. The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer- generator shall be credited to the customer monthly as follows, applied to all remotemanual-read meter readings on or after January 1, 20198, through September 30, 2018. Customers enrolled in manual meter reading services as of August 31, 2018 shall remain on the tiered rates below until the date meter upgrades necessary to serve such customers on time-of-day rates are completed, at which time the time-of-day rates under subsection (b.) of this Section shall apply. 1. Distribution facilities credit Per kWh $0.0257 $0.0283 2. Energy and demand credit Per kWh $0.0647 $0.0660 b. Time-of-day. For customer-generators on a "time-of-day" (TOD) rate, consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rates under Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows, applied to all meter readingsgeneration returned to the grid on or after October January 1, 20189. Customers enrolled in manual meter reading services as of August 31, 2018 shall be credited based on time-of-day rates as of the date meter upgrades necessary to serve such customers on time-of-day rates are completed. 1. Distribution facilities credit Per kWh $0.0197 $0.0217 2. Energy and demand credit – For billings based on generation during the months of May, June, July, August and September a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.2015 $0.2055 b) Off-Peak Per kWh $0.0428 $0.0437 3. Energy and demand credit – For billings based on generation during the months of January through April and October through December a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1788 $0.1824 Packet Pg. 302 -10- b) Off-Peak Per kWh $0.0411 $0.0419 . . . (r) Net metering—community solar projects. . . . (3) a. Tiered Rate - Limited Term. Both the customer’s consumption of energy from Fort Collins Utilitiesthe utility and interest in the production of energy that flows into Fort Collins Utilities'the utilities’ distribution system shall be measured on a monthly basis. The energy from Fort Collins Utilities consumed by the customer shall be billed at the applicable rate as outlined in Subsections (c) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows, applied to all remote-read meter readings on or after January 1, 20198, through September 30, 2018. Customers enrolled in manual meter reading services as of August 31, 2018 shall remain on the tiered rates below until the date meter upgrades necessary to serve such customers on time-of-day rates are completed, at which time the time-of-day rates under subsection (b.)of this Section shall apply. 1. Distribution facilities credit Per kWh $0.0128 $0.0141 2. Energy and demand credit Per kWh $0.0647 $0.0660 b. Time-of-day. For customer-generators on a "time-of-day" (TOD) rate, the customer’s consumption of energy from Fort Collins Utilitiesthe utility and interest in the production of energy that flows into Fort Collins Utilities'the utilities’ distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rates under Subsection (c) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer-generator shall be credited to the customer monthly as follows, applied to all remote-read meter readingsgeneration returned to the grid on or after October January 1, 20189. Customers enrolled in manual meter reading services as of August 31, 2018 shall be credited based on time-of-day rates as of the date meter upgrades necessary to serve such customers on time-of- day rates are completed. Packet Pg. 303 -11- 1. Distribution facilities credit Per kWh $0.0099 $0.0109 2. Energy and demand credit – For billings based on generation during the months of May, June, July, August and September a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.2015 $0.2055 b) Off-Peak Per kWh $0.0428 $0.0437 3. Energy and demand credit – For billings based on generation during the months of January through April and October through December a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1788 $0.1824 b) Off-Peak Per kWh $0.0411 $0.0419 c. The Utilities Executive Director shall have authority to extend issuance of credits under Subsection (3)a until December 31, 2018, as needed to comply with requirements of power supply or purchase agreements with project owners. Section 3. That Sections 26-465 (c), (e), (f), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (c) Monthly rate. (1) Tiered Rate - Limited Term. The monthly rates shall be the sum of the following charges, applied to all remotemanual-read meter readings on or after January 1, 20198, through September 30, 2018. Customers enrolled in manual meter reading services as of August 31, 2018 shall remain on the tiered rates below until the date meter upgrades necessary to serve such customers on time-of- day rates are completed, at which time the time-of-day rates in subsection (2) of this Section shall apply. a. Fixed Charge Per account $5.81 $6.40 b. Demand charge Per kW $2.45 $2.50 c. Distribution facilities charge Per kWh $0.0229 Packet Pg. 304 -12- $0.0249 d. Energy charge 1. Summer. For billings based on meter readings in the months of June, July and August 2. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kWh $0.0452 $0.0461 Per kWh $0.0434 $0.0443 3. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. ... (2) Time of day. The monthly rates for this schedule shall be the sum of the following charges, applied to all remote-read meter readingsenergy consumption on or after October January 1, 20189. Customers enrolled in manual meter reading services as of August 31, 2018 shall be billed based on time-of-day rates as of the date meter upgrades necessary to serve such customers on time-of-day rates are completed. a. Fixed Charge Per account $5.81 $6.40 b. Demand charge Per kW $2.45 cb. Distribution facilities charge Per kWh $0.0257 $0.0280 dc. Energy and demand charge 1. Summer. For billings based on consumption during the months of May, June, July and August, and September a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.02015 $0.2055 b) Off-Peak Per kWh $0.0428 $0.0437 2. Non-summer. For billings based on consumption during the months of January through April and October through December. a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1788 $0.1824 b) Off-Peak Per kWh $0.0411 $0.0419 3. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than Packet Pg. 305 -13- three (3) full billing cycles at the summer rate. d. Payment in lieu of taxes (PILOT) and franchise. A charge based on all monthly service charges billed pursuant to this Section 6 percent e. Income-qualified assistance discount. The discount applied to the monthly charges in “a.”, “b.”, and “c.” above for IQAP participating residential customers, as further described in Section 26-724 of the Code. 23 percent ... ... (e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.10 $2.21 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly standby distribution charge: . . . (q) Net metering. . . . (5) a. Tiered Rate - Limited Term. The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows, applied to all remotemanual-read meter readings on or after January 1, 20198, through September 30, 2018. Customers enrolled in manual meter reading Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $2.12 $2.23 For all metered kilowatts in excess of the contracted amount Per kW $6.35 $6.67 Packet Pg. 306 -14- services as of August 31, 2018 shall remain on the tiered rates below until the date meter upgrades necessary to serve such customers on time-of-day rates are completed, at which time the time-of-day rates in subsection (b.) of this Section shall apply. 1. Distribution facilities credit Per kWh $0.0257 $0.0283 2. Energy and demand credit Per kWh $0.0647 $0.0660 b. Time-of-day. For customer-generators on a "time-of-day" (TOD) rate, consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rates under Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows, applied to all remote-read meter readingsgeneration returned to the grid on or after October January 1, 20189. Customers enrolled in manual meter reading services as of August 31, 2018 shall be credited based on time-of-day rates as of the date meter upgrades necessary to serve such customers on time-of-day rates are completed. 1. Distribution facilities credit Per kWh $0.0257 $0.0279 2. Energy and demand credit – For billings based on generation during the months of May, June, July, August and September a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.2015 $0.2055 b) Off-Peak Per kWh $0.0428 $0.0437 3. Energy and demand credit – For billings based on generation during the months of January through April and October through December a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1788 $0.1824 b) Off-Peak Per kWh $0.0411 $0.0419 Packet Pg. 307 -15- (r) Net metering-community solar projects. . . . (3) a. Tiered Rate - Limited Term. Both the customer’s consumption of energy from Fort Collins Utilitiesthe utility and interest in the production of energy that flows into Fort Collins Utilities'the utilities’ distribution system shall be measured on a monthly basis. The energy from Fort Collins Utilities consumed by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows, applied to all remotemanual-read meter readings on or after January 1, 20198, through September 30, 2018. Customers enrolled in manual meter reading services as of August 31, 2018 shall remain on the tiered rates below until the date meter upgrades necessary to serve such customers on time-of- day rates are completed, at which time the time-of-day rates under subsection (b.) of this Section shall apply. a. Distribution facilities credit Per kWh $0.0128 $0.0141 b. Energy and demand credit Per kWh $0.0647 $0.0660 b. Time-of-day. For customer-generators on a "time-of-day" (TOD) rate, the customer’s consumption of energy from Fort Collins Utilitiesthe utility and interest in the production of energy that flows into Fort Collins Utilities'the utilities’ distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rates under Subsection (c) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer-generator shall be credited to the customer monthly as follows, applied to all remote-read meter readingsgeneration returned to the grid on or after October January 1, 20198. Customers enrolled in manual meter reading services as of August 31, 2018 shall be credited based on time-of-day rates as of the date meter upgrades necessary to serve such customers on time-of- day rates are completed. 1. Distribution facilities credit Per kWh $0.0128 $0.0141 2. Energy and demand credit – For billings based on generation during the months of May, June, July, August and September Packet Pg. 308 -16- a) On-Peak (Mon-Fri, 2 pm to 7 pm, excluding holidays) Per kWh $0.2015 $0.2055 b) Off-Peak Per kWh $0.0428 $0.0437 3. Energy and demand credit – For billings based on generation during the months of January through April and October through December a) On-Peak (Mon-Fri, 5 pm to 9 pm, excluding holidays) Per kWh $0.1788 $0.1824 b) Off-Peak Per kWh $0.0411 $0.0419 Section 4. That Sections 26-466 (c), (e), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-466. General service, schedule GS. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge a. Single-phase, two-hundred-ampere service Per account $3.61 $4.05 b. Single-phase, above two-hundred-ampere service Per account $10.65 $11.95 c. Three-phase, two-hundred-ampere service Per account $5.50 $6.17 d. Three-phase, above two-hundred-ampere service Per account $13.03 $14.62 (2) Demand charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kWh $0.0273 $0.0278 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kWh $0.0167 $0.0170 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kWh $0.0245 $0.0275 Packet Pg. 309 -17- (4) Energy charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kWh $0.0452 $0.0461 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kWh $0.0434 $0.0443 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. ... ... (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.10 $2.21 . . . (q) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy credit for billings based on generation during the months of June, July and August Per kWh $0.0452 $0.0461 (r) Net metering-community solar projects. . . . (3) Both the customer's consumption of energy from Fort Collins Utilitiesthe utility and interest in the production of energy that flows into Fort Collins Utilities'the utilities’ distribution system shall be measured on a monthly basis. The energy from Fort Collins Utilities consumed by the customer shall be billed Packet Pg. 310 -18- at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: a. Distribution facilities credit Per kWh $0.0122 $0.0137 b. Energy and demand credit Per kWh $0.0452 $0.0461 Section 5. That Sections 26-467 (c), (e), (f) and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: 1. Fixed Charge a. Single-phase, two-hundred-ampere service Per account $3.61 $4.23 b. Single-phase, above two-hundred-ampere service Per account $10.65 $12.48 c. Three-phase, two-hundred-ampere service Per account $5.50 $6.45 d. Three-phase, above two-hundred-ampere service Per account $13.03 $15.27 2. Demand charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kW $8.31 $8.48 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kW $4.76 $4.86 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. 3. Distribution facilities charge Per kwh $0.0186 $0.0218 4. Energy charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kWh $0.0452 $0.0461 Packet Pg. 311 -19- b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kWh $0.0434 $0.0443 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. ... ... (e) Excess capacity charge. The monthly capacity charge kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.10 $2.21 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly standby distribution charge Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $3.84 $4.05 For all metered kilowatts in excess of the contracted amount Per kW $11.54 $12.16 . . . (r) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy credit for billings based on generation during the Per kWh $0.0452 Packet Pg. 312 -20- months of June, July and August $0.0461 Section 6. That Sections 26-468 (c), (e) through (g), and (u) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468. General service 50, schedule GS50. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $9.11 $10.70 An additional charge may be assessed if telephone communication service is not provided by the customer. Per account $40.14 $47.16 (2) Coincident demand charge a. Summer. For billings based on meter readings in the months of June, July and August Per kW $11.91 $12.15 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kW $9.08 $9.26 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kW $6.27 $7.37 (4) Energy charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kWh $0.0452 $0.0461 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kWh $0.0434 $0.0443 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. ... ... (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.10 $2.21 Packet Pg. 313 -21- (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. Monthly standby distribution charge shall be the sum of the following charges: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $4.94 $5.20 For all metered kilowatts in excess of the contracted amount Per kW $14.82 $15.61 . . . (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Monthly charge shall be the sum of the following charges: Contracted backup capacity per month Per kW $1.01 $1.06 Metered kilowatts in excess of the contracted amount Per kW $3.04 $3.20 (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. . . . (u) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rate as outlined in Subsection Packet Pg. 314 -22- (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy credit for billings based on generation during the months of June, July and August Per kWh $0.0452 $0.0461 Section 7. That Sections 26-469 (c), (e) through (g) and (v) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-469. General service 750, schedule GS750. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $15.62 $20.77 a. Additional charge for each additional metering point Per account $9.53 $12.67 b. An additional charge may be assessed if telephone communication service is not provided by the customer. Per account $40.14 $53.39 (2) Coincident demand charge a. Summer. For billings based on meter readings in the months of June, July and August Per kW $11.74 $11.97 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kW $8.95 $9.13 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge a. First seven hundred fifty (750) kilowatts Per kW $6.02 $8.01 b. All additional kilowatts Per kW $3.56 $4.73 (4) Energy charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kWh $0.0445 $0.0454 b. Non-summer. For billings based on meter readings in the months of January through May and September through Per kWh $0.0427 Packet Pg. 315 -23- December $0.0436 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. ... ... (e) Excess capacity charge. The monthly capacity charge per kilowatt set forth in this Subsection (e) may be added to the above charges for service to intermittent loads in accordance with the provisions of the Electric Service Standards. Per kW $2.10 $2.21 (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. Monthly standby distribution charges shall be paid in the following amounts Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $3.42 $3.59 For all metered kilowatts in excess of the contracted amount Per kW $10.28 $10.80 . . . (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility at the following rates: (1) Monthly charge. . Contracted backup capacity per month Per kW $0.70 $0.74 Metered kilowatts in excess of the contracted amount Per kW $2.11 $2.22 Packet Pg. 316 -24- . . (v) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy credit for billings based on generation during the months of June, July and August Per kWh $0.0445 $0.0454 Section 8. That Sections 26-470 (c), (e), and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-470. Substation service, schedule SS. . . . (c) Monthly rate. The monthly rates for this schedule shall be the sum of the following charges: (1) Fixed Charge Per account $35.51 $49.36 (2) Coincident demand charge a. Summer. For billings based on meter readings in the months of June, July and August Per kW $11.56 $11.79 b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kW $8.81 $8.99 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge Per kW $2.88 $4.00 (4) Energy charge a. Summer. For billings based on meter readings in the months of June, July, and August Per kWh $0.0439 $0.0448 Packet Pg. 317 -25- b. Non-summer. For billings based on meter readings in the months of January through May and September through December Per kWh $0.0420 $0.0428 c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. ... ... (e) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility at the following rates: (1) Standby distribution charge. a. Monthly standby distribution charge: Contracted standby service, this charge shall be in lieu of the distribution facilities charge. Per kW $2.56 $2.68 For all metered kilowatts in excess of the contracted amount Per kW $7.68 $8.03 . . . (s) Net metering. . . . (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy from the utility consumed by the customer-generator shall be billed at the applicable rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer monthly as follows: a. Energy credit for billings based on generation during the months of June, July and August Per kWh $0.0439 $0.0448 Section 9. That the amendments herein are effective and shall go into effect as follows: Packet Pg. 318 -26- a. Amended commercial schedule tiered rates (GS, GS25, GS50, GS750 & SS) shall apply to all electricity used on or after January 1, 20182019; b. Amended schedules of tiered rates for all other rate classes shall apply to all bills issued on the basis of meter readings on or after January 1, 20182019; c. Schedules of residential TOD rates (R and RD rate classes) shall apply to all bills issued on the basis of meter readings on or after October 1, 2018. Section 10. That Section 26-471 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-471. - Special area floodlighting, schedule FL. (a) Applicability. Special area floodlighting, schedule 10 shall be available within the corporate limits of the City and the suburban fringe for outdoor area floodlighting of consumer's property from dusk to dawn. (b) Monthly rate. The monthly rates (including a six (6) percent charge in lieu of taxes and franchise) are as follows: (1) Charge per lamp, mercury vapor: a. One hundred seventy five (175) watt $16.93 $17.78 b. Two hundred fifty (250) watt $19.94 $20.94 c. Four hundred (400) watt $26.14 $27.45 (2) Charge per lamp, high-pressure sodium: a. Seventy (70) watt $7.15 $7.51 b. One hundred (100) watt $10.12 $10.63 c. One hundred fifty (150) watt $16.01 $16.81 d. Two hundred fifty (250) watt $20.41 $21.43 e. Four hundred (400) watt $26.96 $28.31 (3) Charge per lamp, LED: a. Fifty-four (54) watt $7.37 b. Seventy-two (72) watt $8.57 Packet Pg. 319 -27- (c) Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b). (d) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section. (e) Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26- 713. (f) Contract period and conditions. (1) Those desiring floodlighting service shall sign a service contract at the electric utility office. This contract may be terminated at the end of any billing period upon ten (10) days' written notice to the City. (2) The lamps shall be controlled by automatic control equipment and burning time shall be from approximately thirty (30) minutes after sunset to approximately thirty (30) minutes before sunrise. (3) The customer shall notify the utility of any operational failure of the lamp. Lamp replacements or repairs will be performed only during regular working hours. (g) Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations, as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office. Section 11. That Section 26-472 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-472. - Traffic signal service, schedule T. (a) Availability. The traffic signal service, schedule T, shall be available within the corporate limits of the City. Packet Pg. 320 -28- (b) Applicability. This schedule shall be applicable only to municipal traffic signal service. (c) Monthly rate. The monthly rates (including a six (6) percent charge in lieu of taxes and franchise) shall be the sum of the following charges: (d) Payment of charges. Bills for traffic signal energy consumption and equipment rental shall be rendered by the electric utility and paid by the City at the end of each month. Monthly billings shall be based on the inventory of completed installations at the time of billing. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk (1) Fixed charge Per account $73.16 $76.82 (2) Energy charge Per kWh $0.0680 $0.0714 (3) Service extensions and signal installations made by the utility shall be paid for by the City General Fund, subject to material and installation costs at the time of installation. Packet Pg. 321 -29- Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 322 -1- ORDINANCE NO. 135, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE STORMWATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the City Charter, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth therein; and WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to produce sufficient revenues to provide the utility services described herein; and WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein shall be used to defray the costs of providing such utility services as required by the Charter and the City Code; and WHEREAS, Article VII, Chapter 26 of the City Code establishes the stormwater utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Council has adopted stormwater basin and citywide master plans recommending stormwater facilities necessary to provide for proper drainage and control of flood and surface waters within Fort Collins; and WHEREAS, in 1998, City Council adopted Ordinance No. 168, 1998, determining that all lands within the city benefit by the installation of such stormwater facilities; and WHEREAS, City Code Section 26-513 imposes stormwater utility fees on all parcels of land within the city to pay for the operation, maintenance, administration and routine functions of the existing and future City stormwater facilities established within the city; and WHEREAS, City Code Section 26-514 sets forth the manner in which stormwater utility fees are to be determined; and WHEREAS, the proposed stormwater utility fee adjustment for 2019 reflects an increase of approximately 2%; and WHEREAS, the Water Board considered the proposed stormwater utility fee adjustments for 2019 at its meeting on October 18, 2018, and recommended approval of the proposed adjustments; and WHEREAS, pursuant to City Code Section 26-511, the City Manager recommends the proposed stormwater utility fee for 2019; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the stormwater utility fee as set forth herein. Packet Pg. 323 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-514(a)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-514. - Determination of stormwater utility fee. (a) The stormwater utility fee shall be determined as set forth in this Section, and shall be based upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel. For the purposes of this Section, the total lot or parcel area shall include both the actual square footage of the lot or parcel and the square footage of open space and common areas allocated to such lot as provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover the costs of both operations and maintenance and a portion of capital improvements. The Utilities Executive Director shall determine the rates that shall apply to each specific lot or parcel of land within the guidelines herein set forth and shall establish the utility fee in accordance with the rate together with the other factors set forth as follows: . . . (3) The base rate for the stormwater utility fee shall be $0.0043526 $0.00444 per square foot per month for all areas of the City. . . . Section 3. That the modifications set forth above shall be effective for all fees accruing on or after January 1, 2019. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 324 -3- Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 325 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer Lawrence Pollack, Budget Director John Duval, Legal SUBJECT First Reading of Ordinance No. 133, 2018, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2019; Adopting the Budget for the Fiscal Years beginning January 1, 2019, and Ending December 31, 2020; and Fixing the Mill Levy for the Fiscal Year 2019. EXECUTIVE SUMMARY The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance sets the City Budget for the two-year period (2019-20) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $634,271,160 to be appropriated for fiscal year 2019. However, this appropriated amount does not include what is being appropriated by separate Council/Board of Director actions to adopt the 2019 budget for the General Improvement District (GID) No. 1 of $167,000, the 2019 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA) 2019 budget of $5,867,677 and the Downtown Development Authority 2019 budget of $14,506,158. This results in City- related total operating appropriations of $654,812,995 in 2019. This Ordinance also sets the 2019 City mill levy at 9.797 mills, unchanged since 1991. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION For the eighth time, the City has used a budgeting process called Budgeting for Outcomes (BFO). This process is a recommended best practice by the Government Finance Officers Association (GFOA). It is a systematic process driven by goals and performance, to provide information that relates budgeting to planning and results. Its purpose is to better align the services delivered by the City with the things that are most important to the community. The 2019-20 City Manager’s Recommended Budget was delivered to Council on August 30. The Recommended Budget strengthened key services related to transportation, police, fire, parks and recreation and other community priorities such as the environment, economic health and social sustainability. It also delivers on the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010. The budget reflects community needs and Council priorities as identified in the City’s 2018 Strategic Plan. City Council reviewed the Recommended Budget during four Council work sessions. In addition, citizens have been able to provide input to Councilmembers through two public hearings. From these discussions and additional information provided by staff, City Council has provided direction and guidance for changes to be 16 Packet Pg. 326 Agenda Item 16 Item # 16 Page 2 incorporated into First Reading of the 2019-20 Biennial Budget. The following tables summarize (1) the Offers not originally included in the Recommended Budget and (2) the Offers reduced or removed from consideration to offset the additional funding communicated by City Council. Outcome Offer Name 2019 2020 2019 2020 C&R 57.4 - Increased Contractual Pruning of Larger Trees $ 200 $ 200 ECON 80.2 - Tourism Master Plan, Visitor and Convention Services 50 - ENV 9.90 - L&P Energy Efficiency without additional L&P rate change 238 238 ENV 9.92 - L&P Non-Residential Solar Rebates without additional L&P rate change 125 125 ENV 43.1 - Add back participation in the Regional Air Quality Council 10 10 ENV 43.6 Accelerated Muni Electric Lawn & Garden Equipment - Net of estimated $20k RAQC grant 20 20 ENV 86.10 Encampment Cleaning Services funding from Natural Areas replaced with General Fund 100 100 HPG 13.6 - Redistricting Study - 79 NLSH 42.1 - Add back funding for the multi-cultural retreat 10 10 NLSH 42.3 - Human Services Program Grant Funding 100 100 150 150 NLSH 42.6 - Increased funding for the Murphy Center beyond current funding level 50 50 NLSH 42.12 Murphy Center 88 88 NLSH 65.5 - Wireless Communications Plan 50 - NLSH 65.8 - 1.0 FTE Contractual - Historic Preservation Building Survey 90 92 NLSH 89.2 - West Nile Virus - Adult Mosquito Treatment Efficacy Study 20 - SAFE 25.19 - Police SROs for Poudre School District (1 FTE per year) - Net of PSD contribution 63 156 SAFE 75.1 - Stairstep funding to PFA per the IGA 500 500 Grand Total of Council Interest in Funding $ 1,183 $ 1,277 $ 680 $ 641 Offers to be Funded Ongoing One-Time Outcome Funding Sources 2019 2020 2019 2020 N/A General Fund Ongoing Revenue $ 120 $ 120 N/A Keep Fort Collins Great - Other Community Priorities 1-Time/Reserves 210 183 C&R 29.1 Parks, Trails and Facility Grounds Maintenance - Offer reduced 50 50 ECON 8.7 - Distribution Transformer Replacements - Offer reduced 223 (95) ECON 8.16 - New Feeder Capacity - Circuit 576B - Offer unfunded 458 ECON 30.1 Downtown Landscaping and Maintenance - Offer reduced 50 50 ECON 41.1 Economic Health Office - Offer reduced (partial repurpose of the Cluster funding) 30 30 ENV 9.82 - Core Renewable Energy - Offer reduced 140 ENV 92.2 Municipal Energy Efficiency Fund - Offer unfunded 75 75 HPG 5.1 HR Core Services - Offer reduced (advertising/marketing for job postings) 40 40 HPG 5.2 Benefits and Wellness Program - Offer reduced (stop loss insurance reduction) 140 200 HPG 13.2 Elections - Offer reduced 200 200 HPG 15.2 Communications and Public Involvement - Offer reduced (consulting) 40 40 HPG 15.3 ENHANCEMENT: Video Production Assistance - FC PAN - Offer unfunded 30 30 HPG 39.3 ENHANCEMENT: State Government Advocacy - Offer unfunded 45 45 HPG 44.1 Sustainability Services Admin - Offer reduced (replicon time keeping system) 8 8 HPG 50.3 ENHANCEMENT: Facility Major Maintenance - Offer reduced 100 100 HPG 52.1 Financial Programs and Services - Offer reduced (training for Financial Analysts) 21 21 NLSH 66.1 Neighborhood Programs and Services - Offer reduced (hourly support) 40 40 NLSH 66.2 Larimer Humane Society Contract (cost reduction finalized after Recommended Budget) 100 50 NLSH 89.3 ENHANCEMENT: 0.25 FTE - Enviro Regulatory Specialist - West Nile Virus - Offer unfunded 33 35 Various 3.5 FTE Position Reductions 256 259 Subtotal of Priority A - Non Personnel $ 1,233 $ 1,296 $ 718 $ 643 Reduction Offsets Ongoing One-Time The Utility rate increases in the original City Manager’s Recommended Budget are included, as proposed, in First Reading of the 2019-20 Budget as follows: Utility 2019 2020 Electric 5.0% 5.0% Water - - Wastewater - - Stormwater 2.0% 2.0% 16 Packet Pg. 327 Agenda Item 16 Item # 16 Page 3 This annual Appropriation Ordinance sets the amount of $634,271,160 to be appropriated for fiscal year 2019. It does not include the 2019 adopted budgets for the General Improvement District (GID) No. 1 of $167,000, the GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA) of $5,867,677 and the Downtown Development Authority of $14,506,158. This results in City-related total operating appropriations being $654,812,995 in 2019. Below is a summary of the City’s proposed 2019-20 total operating budget: TOTAL BUDGET (in millions) 2019 2020 Operating $601.7 $609.2 Debt $18.1 $14.9 Capital $35.0 $27.4 Total City Appropriations* $654.8 $651.6 Less General Improvement Districts (GID #1 and #15) (0.2) (0.2) Urban Renewal Authorities (URA) (5.9) (6.0) Downtown Development Authority (DDA) (14.5) (14.5) Net City Budget $634.3 $631.0 * This includes GID #1, GID #15, URA and DDA which are appropriated in separate ordinances 1st Reading CITY FINANCIAL IMPACTS This Ordinance sets the annual appropriation for fiscal year 2019 in the amount of $634,271,160. The Ordinance also sets the City mill levy at 9.797 mills, unchanged since 1991. BOARD / COMMISSION RECOMMENDATION Various City boards and commissions submitted memos to City Council for its consideration of what they believed should be included in the 2019-20 Budget PUBLIC OUTREACH In preparation for First Reading of the 2019-20 Budget, there were two public hearings. Additionally, during the budget development, there were two citizens on each of the seven BFO Teams, as well as significant public outreach conducted to gather citizen feedback from a broad demographic of the community. That latter effort included nine mobile outreach booths including over 300 feedback forms submitted from residents. There were over 600 visits to the budgeting information and materials provide of fcgov.com, as well as press releases during the process. Additional input was obtained from online tools and over 16,000 social media impressions. ATTACHMENTS 1. PowerPoint Presentation (PDF) 16 Packet Pg. 328 First Reading of the 2019-20 Budget 1 November 6, 2018 Attachment #1 16.1 Packet Pg. 329 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2018 Strategic Plan The 2019-20 Budget Reflects Community Needs and Council Priorities as Identified in the 2018 Strategic Plan 2 16.1 Packet Pg. 330 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 3 Supporting Council and Community Priorities 16.1 Packet Pg. 331 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 4 Investing in Public Safety and Police Staffing 16.1 Packet Pg. 332 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 5 Maintaining Commitments to Voters with KFCG and Community Capital Improvement Program 16.1 Packet Pg. 333 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 6 Launching New Broadband Utility 16.1 Packet Pg. 334 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 7 Being Good Stewards of City Assets 16.1 Packet Pg. 335 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 8 Sustaining the current level of services, balanced with available resources 16.1 Packet Pg. 336 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 9 Continued energy efficiency efforts to support the City’s Climate Action Plan goals, as well as community water efficiency initiatives 16.1 Packet Pg. 337 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Budget Themes 10 Investing in our workforce with training, leadership development and technology 16.1 Packet Pg. 338 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Estimated Front Range Utility Rate Increases 11 2019 Estimated Rate Increases Electric Water WW Storm 2019 2019 2019 2019 Boulder 0.0% 7.0% 5.0% 5.0% Colorado Springs 0.0% 3.5% 2.0% N/A Ft Collins 5.0% 0.0% 0.0% 2.0% Greeley 0.0% 5.0% 2.5% 7.7% Longmont 0.0% 9.0% 2.0% 5.0% Loveland 5.0% 9.0% 11.0% 8.0% 16.1 Packet Pg. 339 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019 Residential Typical Bill 12 Current 2018 Estimated 2019 $ Increase % Increase Electric 700 kWh/mo $71.96 $75.41 $3.45 4.8% Stormwater 8,600 sq.ft. lot, light runoff $47.88 $47.88 $0.00 0.0% Wastewater 4,800 gal/mo $34.45 $34.45 $0.00 0.0% Water 5 kGAL non-summer, 15 kGAL summer $15.42 $15.73 $0.31 2.0% Total Estimated Average Monthly Utility Bill * The electric rate in the Light & Power Fund will increase by 5.0%, on average, with slight variations across residential and commercial rate classes related to recent cost-of-service model updates. * 16.1 Packet Pg. 340 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Expense Reductions included in 1st Reading 13 Recommended Budget Position Reductions 2019 2020 5.5 FTE Positions eliminated and hourly support reductions 412.8 430.9 4.0 FTE Positions planned for 2020 attrition ‐ 380.0 Program Reductions 333.9 333.9 Program Elimination 411.1 486.1 Stop Doing List Subtotal 1,157.8 1,630.9 Other Miscellaneous Reductions 738.1 738.1 Total reductions included in Recommended Budget 1,895.9 2,369.0 3.5 FTE Positions eliminated and hourly support reductions 256.0 259.0 Other non‐personnel expense reductions 977.0 1,037.0 Total additional reductions included in 1st Reading 1,233.0 1,296.0 Expense reductions included in Recommended Budget (values in $k) Additional Expense reductions included in 1st Reading (values in $k) 16.1 Packet Pg. 341 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) New Offers Included in 1st Reading based on Council Guidance $ in thousands 14 Outcome Offer Name 2019 2020 2019 2020 C&R 57.4 - Increased Contractual Pruning of Larger Trees $ 200 $ 200 ECON 80.2 - Tourism Master Plan, Visitor and Convention Services 50 - ENV 9.90 - L&P Energy Efficiency without additional L&P rate change 238 238 ENV 9.92 - L&P Non-Residential Solar Rebates without additional L&P rate change 125 125 ENV 43.1 - Add back participation in the Regional Air Quality Council 10 10 ENV 43.6 Accelerated Muni Electric Lawn & Garden Equipment - Net of estimated $20k RAQC grant 20 20 ENV 86.10 Encampment Cleaning Services funding from Natural Areas replaced with General Fund 100 100 HPG 13.6 - Redistricting Study - 79 NLSH 42.1 - Add back funding for the multi-cultural retreat 10 10 NLSH 42.3 - Human Services Program Grant Funding 100 100 150 150 NLSH 42.6 - Increased funding for the Murphy Center beyond current funding level 50 50 NLSH 42.12 Murphy Center 88 88 NLSH 65.5 - Wireless Communications Plan 50 - NLSH 65.8 - 1.0 FTE Contractual - Historic Preservation Building Survey 90 92 NLSH 89.2 - West Nile Virus - Adult Mosquito Treatment Efficacy Study 20 - SAFE 25.19 - Police SROs for Poudre School District (1 FTE per year) - Net of PSD contribution 63 156 SAFE 75.1 - Stairstep funding to PFA per the IGA 500 500 Grand Total of Council Interest in Funding $ 1,183 $ 1,277 $ 680 $ 641 Offers to be Funded Ongoing One-Time 16.1 Packet Pg. 342 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Total Revenue 15 Overall, Relatively Flat Revenue Since 2016 16.1 Packet Pg. 343 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Summary of City’s Fiscal Health 16 • Overall revenue growth is softening; less one-time funding available • Expenses drivers and community service level expectations continue to grow • These factors contributed to a challenging budget cycle • The 2019-20 Biennial Budget is balanced to  Meet the needs of the community  Address Council priorities  Support the 2018 Strategic Plan • Fund balances are healthy 16.1 Packet Pg. 344 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 17 Summary of City’s Fiscal Health • The City is fiscally healthy • Aaa credit rating • Low debt levels, excluding Broadband Utility • Fund balances are above policy minimums and are healthy overall 16.1 Packet Pg. 345 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Budget Overview 18 * 2018 includes $112M in capital budget for Broadband ** This includes the GIDs, URA and DDA which are appropriated in separate ordinances Amended 2018 * 2019 % Change 2020 % Change Operating $605.6 $601.7 -0.7% $609.2 1.2% Debt 21.9 18.1 -17.3% 14.9 -17.5% Capital 170.3 35.0 -79.4% 27.4 -21.6% Total City Appropriations** $797.9 $654.8 -17.9% $651.6 -0.5% Less Internal Service Funds ($79.2) ($81.0) 2.3% ($85.6) 5.6% Transfers to Other Funds (66.0) (57.9) -12.2% (51.5) -11.1% GIDs (0.5) (0.2) -67.0% (0.2) 0.0% URAs (4.5) (5.9) 29.5% (6.0) 1.5% DDA (12.5) (14.5) 16.0% (14.5) 0.0% Total ($162.7) ($159.5) -2.0% ($157.7) -1.1% Net City Budget $635.2 $495.3 -22.0% $493.9 -0.3% TOTAL BUDGET (in millions) 16.1 Packet Pg. 346 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 2019-20 Biennial Budget Balanced and Fiscally Prudent Budget that Addresses Multiple Community and Council Priorities • Maintains investments in and strengthens critical services related to transportation, transit, police, fire, parks & recreation • Enhances community sustainability priorities in the areas of economic, environmental and social health • Maintains key city infrastructure and invests in prudent capital replacement • Continues the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010 19 16.1 Packet Pg. 347 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Back-Up 20 16.1 Packet Pg. 348 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Sales & Use Tax Revenue 21 * Excludes Use Tax – Economic Incentives Combined Sales & Use Tax Revenue Growth has Leveled Off Last 4 Years 16.1 Packet Pg. 349 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Electric Cost Comparison 22 Fort Collins Electric Rates Very Competitive SANGRE DE CRISTO SAN LUIS VALLEY REA ESTES PARK BLACK HILLS ENERGY DELTA‐MONTROSE EA SAN ISABEL TRI‐COUNTY SE COLORADO PA GUNNISON COUNTY EA EMPIRE EA MOUNTAIN VIEW EA LA PLATA MOUNTAIN PARKS EI GRAND VALLEY RPL INTERMOUNTAIN REA UNITED POWER POUDRE VALLEY REA COLORADO SPRINGS HOLY CROSS EA FOUNTAIN FORT COLLINS ‐ 2019 LOVELAND FORT COLLINS ‐ 2018 MOON LAKE LONGMONT $‐ $20 $40 $60 $80 $100 $120 $140 Residential Electric Cost Comparison (700 kWh per month) 16.1 Packet Pg. 350 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Stop Doing List in Recommended Budget - Eliminated Positions 23 Offer # Offer name/description of reduction (values in $k) 2019 2020 Reduction type 66.1 Neighborhood Programs - Restorative Justice hourly support $12.0 $12.0 Position removal 47.12 REDUCTION: -1.0 FTE – EPIC Ice Leader Position 60.4 62.7 Position removal 47.13 REDUCTION: -0.50 FTE Recreation Coordinator 46.2 47.9 Position removal 65.9 REDUCTION: -1.0 FTE - Planning Technician & Intern 84.7 87.6 Position removal 66.7 REDUCTION: -1.0 FTE - Compliance Inspector 64.7 72.1 Position removal 71.9 REDUCTION: -1.0 FTE - Security Specialist 109.8 113.6 Position removal 43.1 REDUCTION: -1.0 FTE - CAP Program Coordinator - Intern 35.0 35.0 Position removal TBD Additional attrition planned for 2020 (4 positions TBD) 0.0 380.0 Position removal 16.1 Packet Pg. 351 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 24 Offer # Offer name/description of reduction (values in $k) 2019 2020 Reduction type 25.2 Police Patrol Services - reduce contract for Juvenile transport $10.0 $10.0 Program reduction 3.10 REDUCTION: Scheduled Computer Replacements 125.0 125.0 Program reduction 31.5 REDUCTION: Contractual Median Maintenance 25.0 25.0 Program reduction 57.6 REDUCTION: Forestry Tree Replacement Plantings 75.0 75.0 Program reduction 10.26 REDUCTION: Utilities: Peer to Peer Recognition Program 4.0 4.0 Program reduction 10.27 REDUCTION: Utilities: Collections Services 30.0 30.0 Program reduction 9.102 REDUCTION: Utilities: Community Spill Response 32.4 32.4 Program reduction 9.104 REDUCTION: Utilities: Water/Wastewater - Standby time for the Water Quality Lab and Pollution Control Lab 32.5 32.5 Program reduction Stop Doing List in Recommended Budget - Program Reductions 16.1 Packet Pg. 352 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 25 Stop Doing List in Recommended Budget - Eliminated Programs Offer # Offer name/description of reduction (values in $k) 2019 2020 Reduction type 42.1 Social Sustainability (Remove Multicultural Retreat) $21.0 $21.0 Program removal 43.1 Environmental Services (E&E Membership) 1.1 1.1 Program removal 43.1 Environmental Services (Regional Air Quality Council) 10.0 10.0 Program removal 43.1 Environmental Services (Air Quality Loan program) 30.0 30.0 Program removal 43.1 Environmental Services (Meeting minutes for NRAB &AQAB Boards) 7.0 7.0 Program removal 43.1 Environmental Services (One Planet) 10.7 10.7 Program removal 44.1 Sustainability Services Admin (Remove web portal) 5.3 5.3 Program removal 15.4 REDUCTION: Stop Doing - City News Newsletter 26.0 26.0 Program removal 6.5 Travel Behavior Survey (unfunded) 0.0 75.0 Program removal 66.3 Vibrant Neighborhood Grant program (unfunded) 300.0 300.0 Program removal Subtotal Stop Doing $1,158 $1,631 Note: The two highlighted items above are now included in 1st Reading per Council 16.1 Packet Pg. 353 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) Other Reductions in Recommended Budget 26 Reduction amt (values in $k) Personnel Services Salaries - Overtime reduced (CDNS, Police Investigations, Patrol & Information Services) $145.2 Subtotal Personnel Services reduction $145.2 Purchased Prof & Tech Services & Property Services Consulting Services (Budget, FC Moves, Finance & IT) $90.4 Transportation Services (Transfort/Parking Services) $67.0 Other reductions $4.2 Subtotal Purchased Prof & Tech Services & Property Services reduction $161.6 Supplies Motor Fuel, Oil & Grease (Parks, Transfort/Parking Services) $26.5 Computer Hardware (IT, Police Info Services) $74.5 Equipment, Non Office (Police Community & Special Services & Office of the Chief, Cultural Services) $33.0 Other reductions $12.7 Subtotal Supplies $146.7 16.1 Packet Pg. 354 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) 27 Reduction amt (values in $k) Capital Outlay Building Improvements (Municipal Energy Efficiency Fund) $75.0 Motor Vehicles & Accessories (Electric Field Services) $30.0 Art Work (adjusted to match accepted Capital Projects in the Recommended Budget) $25.4 Other reductions (Environmental Services Innovation Fund) $14.6 Subtotal Capital Outlay $145.0 Other Sales Tax Rebate (reduced down to historic levels) $12.0 Donations & Sponsorships (Economic Health) $9.5 Zilch Loans Disbursed (Environmental Services) $25.6 Other Contingency (Utilities Water Engineering Division) $90.2 Other reductions $2.4 Subtotal Other $139.6 Subtotal Other Miscellaneous Expense Reductions $738.1 Other Reductions in Recommended Budget 16.1 Packet Pg. 355 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) New Offers and Modifications Included in 1st Reading based on Council Guidance $ in thousands 28 Outcome Funding Sources 2019 2020 2019 2020 N/A General Fund Ongoing Revenue $ 120 $ 120 N/A Keep Fort Collins Great - Other Community Priorities 1-Time/Reserves 210 183 C&R 29.1 Parks, Trails and Facility Grounds Maintenance - Offer reduced 50 50 ECON 8.7 - Distribution Transformer Replacements - Offer reduced 223 (95) ECON 8.16 - New Feeder Capacity - Circuit 576B - Offer unfunded 458 ECON 30.1 Downtown Landscaping and Maintenance - Offer reduced 50 50 ECON 41.1 Economic Health Office - Offer reduced (partial repurpose of the Cluster funding) 30 30 ENV 9.82 - Core Renewable Energy - Offer reduced 140 ENV 92.2 Municipal Energy Efficiency Fund - Offer unfunded 75 75 HPG 5.1 HR Core Services - Offer reduced (advertising/marketing for job postings) 40 40 HPG 5.2 Benefits and Wellness Program - Offer reduced (stop loss insurance reduction) 140 200 HPG 13.2 Elections - Offer reduced 200 200 HPG 15.2 Communications and Public Involvement - Offer reduced (consulting) 40 40 HPG 15.3 ENHANCEMENT: Video Production Assistance - FC PAN - Offer unfunded 30 30 HPG 39.3 ENHANCEMENT: State Government Advocacy - Offer unfunded45 45 HPG 44.1 Sustainability Services Admin - Offer reduced (replicon time keeping system) 8 8 HPG 50.3 ENHANCEMENT: Facility Major Maintenance - Offer reduced 100 100 HPG 52.1 Financial Programs and Services - Offer reduced (training for Financial Analysts) 21 21 NLSH 66.1 Neighborhood Programs and Services - Offer reduced (hourly support) 40 40 NLSH 66.2 Larimer Humane Society Contract (cost reduction finalized after Recommended Budget) 100 50 NLSH 89.3 ENHANCEMENT: 0.25 FTE - Enviro Regulatory Specialist - West Nile Virus - Offer unfunded 33 35 Various 3.5 FTE Position Reductions 256 259 Subtotal of Priority A - Non Personnel $ 1,233 $ 1,296 $ 718 $ 643 Reduction Offsets Ongoing One-Time 16.1 Packet Pg. 356 Attachment: PowerPoint Presentation (7300 : Biennial Budget 2019-20) -1- ORDINANCE NO. 133, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2019; ADOPTING THE BUDGET FOR THE FISCAL YEARS BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2020; AND FIXING THE MILL LEVY FOR FISCAL YEAR 2019 WHEREAS, the City Manager has, prior to the first Monday in September 2018, submitted to the City Council a proposed budget for the next ensuing budget term, along with an explanatory message, complete financial plan for each fund of the City, and the City Manager’s recommendations for the ensuing budget term pursuant to the provisions of Article V, Section 2 of the City Charter; and WHEREAS, within ten days after the filing of said budget estimate, the City Council set September 18 and October 2, 2018, as the dates for the public hearings thereon and caused notice of such public hearings to be given by publication pursuant to Article V, Section 3 of the City Charter; and WHEREAS, the public hearings were held on those dates and persons were given the opportunity to appear and comment on any or all items and estimates in the proposed budget; and WHEREAS, Article V, Section 4 of the City Charter requires that, before the last day of November of each fiscal year, the City Council shall adopt the budget for the ensuing term by ordinance and appropriate, on a fund basis and by individual project for capital projects and federal and state grants, such sums of money as the Council deems necessary to defray all expenditures of the City during the ensuing fiscal year, based upon the budget approved by the City Council; and WHEREAS, Article V, Section 5 of the City Charter provides that the annual appropriation ordinance shall also fix the tax levy in mills upon each dollar of the assessed valuation of all taxable property within the City, such levy representing the amount of taxes for City purposes necessary to provide for payment during the ensuing fiscal year for all properly authorized expenditures to be incurred by 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. Budget a. That the City Council has reviewed the City Manager's 2019-2020 Recommended Budget, a copy of which is on file with the office of the City Packet Pg. 357 -2- Clerk, and has approved certain amendments thereto described on Exhibit “A”. b. That the City Manager’s 2019-2020 Recommended Budget, as amended by the Council as described on Exhibit “A” attached hereto and incorporated herein by reference, is hereby adopted in accordance with the provisions of Article V, Section 4 of the City Charter and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised by City Council as deemed necessary by the City Manager to reflect actual revenues and expenditures for the fiscal year 2020. c. That the adopted budget, as described on Exhibit “A”, shall be maintained in the office of the City Clerk and identified as "The Budget for the City of Fort Collins for the Fiscal Years Ending December 31, 2019, and December 31, 2020, as Adopted by the City Council on November 20, 2018." Section 3. Appropriations. That there is hereby appropriated out of the reserves and anticipated revenues of the City of Fort Collins, for the fiscal year beginning January 1, 2019, and ending December 31, 2019, the sum of SIX HUNDRED THIRTY-FOUR MILLION TWO HUNDRED SEVENTY-ONE THOUSAND ONE HUNDRED SIXTY DOLLARS ($634,271,160) to be raised by taxation and otherwise, which sum is deemed by the City Council to be necessary to defray all expenditures of the City during said budget year, to be divided and appropriated for the following purposes, to wit: GENERAL FUND $152,725,315 ENTERPRISE FUNDS Golf Operating Total $3,645,142 Capital Projects: SouthRidge Irrigation System 125,000 Capital Projects Total $125,000 Total Golf $3,770,142 Light & Power Operating Total $137,034,189 Capital Projects: Art in Public Places 14,800 CMMS-Maintenance Management 435,000 Dist. System Impr. & Replace. 1,418,360 L&P Vehicle Storage Bldg 160,000 New Capacity-Circuits 1,480,000 Substation Cap Prj - Parent 649,000 Capital Projects Total $4,157,160 Total Light & Power $141,191,349 Storm Drainage Operating Total $12,156,126 Capital Projects: Packet Pg. 358 -3- Art in Public Places 7,611 2017-Castlerock SW Remediation 300,000 2017-Remington St Storm Sewer 412,000 CMMS-Maintenance Management 11,000 Developer Repays 300,000 Master Planning 450,000 Oxbow Levee Improvements 412,000 Spring Creek Rehab @ Edora 801,000 Stormwater Basin Improvements 1,400,000 Stormwater Drake Levee 51,500 Stormwater Flood Warn System 100,000 Stormwater N College Drainage 267,800 Stormwater Timberline Levee 103,000 Utility Service Center Phase 2 40,000 Capital Projects Total $4,655,911 Total Storm Drainage $16,812,037 Wastewater Operating Total $18,201,482 Capital Projects: Art in Public Places 32,936 2015-Bio Gas to CoGen 800,000 2018-City Park WWM Replace 225,000 CMMS-Maintenance Management 253,500 Collec System Replcmt 793,000 Collect Small Projects 1,400,000 Cured In Place Pipe 600,000 Polu Control Cap Repla 550,000 Serv Center Improvemnts 40,000 Water Recl Replcmt Prgm 2,700,000 Stormwater/Wastewtr Improvemnt 345,050 Capital Projects Total $7,739,486 Total Wastewater $25,940,968 Water Operating Total $25,694,606 Capital Projects: Art in Public Places 17,500 CMMS-Maintenance Management 653,250 Enviro Learning Center Dam 500,000 Distro Small Projects 1,400,000 Service Cntr Improvm't 80,000 Water Prod Replcmt Prgm 1,575,000 Water Qual Cap Replace 550,000 Watershed Protection 80,000 Capital Projects Total $4,855,750 Total Water $30,550,356 Broadband Operating Total $3,695,000 Capital Projects: Packet Pg. 359 -4- BB Capital Interest 5,827,788 Capital Projects Total $5,827,788 Total Broadband $9,522,788 TOTAL ENTERPRISE FUNDS $227,787,640 INTERNAL SERVICE FUNDS Benefits $34,944,129 Data & Communications $10,854,216 Equipment $14,449,711 Self Insurance $4,673,854 Utility Customer Service & Administration $18,929,752 TOTAL INTERNAL SERVICE FUNDS $83,851,662 SPECIAL REVENUE & DEBT SERVICE FUNDS Capital Improvement Expansion $2,565,000 Capital Leasing Corporation $6,514,684 Cemeteries $700,944 Cultural Services & Facilities Operating Total $4,298,298 Capital Projects - Art in Public Places $127,390 Total Cultural Services & Facilities $4,425,688 General Employees' Retirement $5,829,250 Keeping Fort Collins Great Operating Total $28,135,724 Capital Projects: City Bridge Program 1,700,000 Transportation Small Capital 125,000 Capital Projects Total $1,825,000 Total Keeping Fort Collins Great $29,960,724 Museum $1,111,836 Natural Areas $13,048,392 Parking $3,042,753 Perpetual Care $34,534 Recreation $7,564,864 Sales & Use Tax $8,308,543 Transit Services Operating Total $18,421,829 Capital Projects: 2019 CMAQ Bus Purchase 2,387,000 5307 PASS-THRU 1,271,040 Capital Projects Total $3,658,040 Total Transit Services $22,079,869 Transportation CEF Fund $8,693,867 Packet Pg. 360 -5- Transportation Services $27,037,111 SPECIAL REVENUE & DEBT SERVICE FUNDS $140,918,059 CAPITAL PROJECTS FUND Capital Projects Fund Operating - Administrative Charge $101,403 General City Capital Projects: Arterial Intersection Imprvmnt $400,000 Bicycle Infrastructure Im 350,000 Bike/Ped Grade Sep Cross 2,000,000 Bus Stop Improvements 100,000 Nature in the City 186,097 Pedestrian Sidewalk - ADA 1,100,000 Willow Street Imprvmts 2,667,000 City Bridge Program 600,000 College & Trilby Intersections 600,000 East Community Park 550,000 Linden St Renovat-Design/Const 563,000 N Mason St 500,000 Northeast Community Park 1,550,000 Poudre River Plan Reach 4 100,000 Prospect Rd/Sharp Pt/I-25 2,000,000 Railroad Crossing Replacment 300,000 S Timberline/Stetson/Trilby 2,300,000 Capital Projects Total $15,866,097 Total General City Capital Projects $15,967,500 Community Capital Improvement Afford Housing Capital Program $400,000 Arterial Intersection Imprvmnt 400,000 Bicycle Infrastructure Imprvmt 350,000 Bike/Ped Grade Separated Cross 2,000,000 Bus Stop Improvements 100,000 Gardens Visitor Ctr Expansion 40,000 Lincoln Avenue Bridge 36,000 Linden St Renovation 563,000 Nature in the City 200,000 Pedestrian Sidewalk - ADA 1,100,000 Poudre River Proj (CCIP only) 50,000 Willow Street Improvements 2,667,000 Capital Projects Total $7,906,000 (CCIP 1/4 Cent) Conservation Trust Operating Total - Administration & Parks Maint $544,116 Capital Projects: Trail Acquisition/Development 1,023,453 Packet Pg. 361 -6- Capital Projects Total 1,023,453 Total Conservation Trust $1,567,569 Neighborhood Parkland Fund Operating Total - Administration $397,415 Capital Projects: New Park Site Development 2,350,000 Side Hill Neighborhood Park 200,000 Trailhead Park 600,000 Capital Projects Total $3,150,000 Total Neighborhood Parkland $3,547,415 TOTAL CAPITAL PROJECTS FUNDS $28,988,484 TOTAL CITY FUNDS $634,271,160 Section 4. Mill Levy a. That the 2019 mill levy rate for the taxation upon each dollar of the assessed valuation of all the taxable property within the City of Fort Collins as of December 31, 2018, shall be 9.797 mills, which levy represents the amount of taxes for City purposes necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the City. b. That the City Clerk shall certify this levy of 9.797 mills to the County Assessor and the Board of Commissioners of Larimer County, Colorado, in accordance with the applicable provisions of law, as required by Article V, Section 5 of the Charter of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 362 -7- Passed and adopted on final reading on the 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 363 EXHIBIT A CHARTS SUMMARIZING CITY COUNCIL AMENDMENTS TO THE CITY MANAGER’S RECOMMENDED 2019-2020 BUDGET Outcome Offer Name 2019 2020 2019 2020 C&R 57.4 - Increased Contractual Pruning of Larger Trees $ 200 $ 200 ECON 80.2 - Tourism Master Plan, Visitor and Convention Services 50 - ENV 9.90 - L&P Energy Efficiency without additional L&P rate change 238 238 ENV 9.92 - L&P Non-Residential Solar Rebates without additional L&P rate change 125 125 ENV 43.1 - Add back participation in the Regional Air Quality Council 10 10 ENV 43.6 Accelerated Muni Electric Lawn & Garden Equipment - Net of estimated $20k RAQC grant 20 20 ENV 86.10 Encampment Cleaning Services funding from Natural Areas replaced with General Fund 100 100 HPG 13.6 - Redistricting Study - 79 NLSH 42.1 - Add back funding for the multi-cultural retreat 10 10 NLSH 42.3 - Human Services Program Grant Funding 100 100 150 150 NLSH 42.6 - Increased funding for the Murphy Center beyond current funding level 50 50 NLSH 42.12 Murphy Center 88 88 NLSH 65.5 - Wireless Communications Plan 50 - NLSH 65.8 - 1.0 FTE Contractual - Historic Preservation Building Survey 90 92 NLSH 89.2 - West Nile Virus - Adult Mosquito Treatment Efficacy Study 20 - SAFE 25.19 - Police SROs for Poudre School District (1 FTE per year) - Net of PSD contribution 63 156 SAFE 75.1 - Stairstep funding to PFA per the IGA 500 500 Grand Total of Council Interest in Funding $ 1,183 $ 1,277 $ 680 $ 641 Offers to be Funded Ongoing One-Time Outcome Funding Sources 2019 2020 2019 2020 N/A General Fund Ongoing Revenue $ 120 $ 120 N/A Keep Fort Collins Great - Other Community Priorities 1-Time/Reserves 210 183 C&R 29.1 Parks, Trails and Facility Grounds Maintenance - Offer reduced 50 50 ECON 8.7 - Distribution Transformer Replacements - Offer reduced 223 (95) ECON 8.16 - New Feeder Capacity - Circuit 576B - Offer unfunded 458 ECON 30.1 Downtown Landscaping and Maintenance - Offer reduced 50 50 ECON 41.1 Economic Health Office - Offer reduced (partial repurpose of the Cluster funding) 30 30 ENV 9.82 - Core Renewable Energy - Offer reduced 140 ENV 92.2 Municipal Energy Efficiency Fund - Offer unfunded 75 75 HPG 5.1 HR Core Services - Offer reduced (advertising/marketing for job postings) 40 40 HPG 5.2 Benefits and Wellness Program - Offer reduced (stop loss insurance reduction) 140 200 HPG 13.2 Elections - Offer reduced 200 200 HPG 15.2 Communications and Public Involvement - Offer reduced (consulting) 40 40 HPG 15.3 ENHANCEMENT: Video Production Assistance - FC PAN - Offer unfunded 30 30 HPG 39.3 ENHANCEMENT: State Government Advocacy - Offer unfunded45 45 HPG 44.1 Sustainability Services Admin - Offer reduced (replicon time keeping system) 8 8 HPG 50.3 ENHANCEMENT: Facility Major Maintenance - Offer reduced 100 100 HPG 52.1 Financial Programs and Services - Offer reduced (training for Financial Analysts) 21 21 NLSH 66.1 Neighborhood Programs and Services - Offer reduced (hourly support) 40 40 NLSH 66.2 Larimer Humane Society Contract (cost reduction finalized after Recommended Budget) 100 50 NLSH 89.3 ENHANCEMENT: 0.25 FTE - Enviro Regulatory Specialist - West Nile Virus - Offer unfunded 33 35 Various 3.5 FTE Position Reductions 256 259 Subtotal of Priority A - Non Personnel $ 1,233 $ 1,296 $ 718 $ 643 Reduction Offsets Ongoing One-Time EXHIBIT A a Packet Pg. 364 Attachment: Exhibit A (7301 : Biennial Budget 2019-20 ORD) City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President 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 Executive Director Secretary 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. General Improvement District No. 1 Board Regular Meeting November 6, 2018 (after the Regular Council Meeting) • CALL MEETING TO ORDER • ROLL CALL 1. First Reading of Ordinance No. 070 Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2019; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2019 Annual Appropriation. (staff: Mike Beckstead, Lawrence Pollack; 2 minute presentation; 5 minute discussion) The purpose of this item is to set the mill levy and authorize the fiscal year 2019 appropriation for General Improvement District No. 1 (GID). The sum of $308,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2019 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for the GID from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated in 2019 to total $59,342 resulting in an expected revenue total of $367,342 for 2019. The Ordinance appropriates funds in the amount of $167,000 for the operation of the GID in 2019. 2. First Reading of Ordinance No. 071 Appropriating Prior Year Reserves in the General Improvement District No. 1 Fund in 2018 for the Opera Galleria Sidewalk Improvement Project. (staff: Clark Mapes; 2 minute presentation; 5 minute discussion) The purpose of this item is to appropriate reserves to cover the related expenses that were not anticipated and, therefore, not included in GID No. 1’s 2018 annual budget appropriation. • OTHER BUSINESS • ADJOURNMENT GENERAL IMPROVEMENT DISTRICT NO. 1 BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 6, 2018 General Improvement District No. 1 Board STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 070 Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2019; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2019 Annual Appropriation. EXECUTIVE SUMMARY The purpose of this item is to set the mill levy and authorize the fiscal year 2019 appropriation for General Improvement District No. 1 (GID). The sum of $308,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2019 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for the GID from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated in 2019 to total $59,342 resulting in an expected revenue total of $367,342 for 2019. The Ordinance appropriates funds in the amount of $167,000 for the operation of the GID in 2019. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The recommended appropriations for this amount are as follows: GID Expenses: $ 66,000 to be used for other capital improvements in the downtown area $ 11,500 for the Larimer County Treasurer's fee for collecting the property tax $ 30,000 for property tax rebate program $ 4,500 for estimated electrical costs for downtown lighting and water $ 55,000 for payment to Parks Downtown landscaping $167,000 Total FINANCIAL / ECONOMIC IMPACTS This Ordinance includes the GID’s annual appropriation for 2019 at $167,000. This item also sets the GID mill levy for 2018 at 4.924 mills for taxes payable in 2019, which will generate approximately $308,000 for fiscal year 2019. The mill levy remains unchanged from previous years. Additional 2019 revenue includes automobile specific ownership taxes, ad valorem taxes, and interest which together are projected to be $59,342 in fiscal year 2019. ATTACHMENTS 1. GID No 1 Boundary Map (PDF) 1 Packet Pg. 2 ATTACHMENT 1 1.1 Packet Pg. 3 Attachment: GID No 1 Boundary Map (7250 : GID No 1 2019 Mill Levy and Budget) -1- ORDINANCE NO. 070 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT DISTRICT NO. 1, DETERMINING AND FIXING THE MILL LEVY FOR THE GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2019; DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE FISCAL YEAR 2019 ANNUAL APPROPRIATION WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the statutes of the State of Colorado; and WHEREAS, the GID staff has considered the amount of money to be raised by a levy on the taxable property in the GID and recommends that a levy of 4.924 mills upon each dollar of the assessed valuation of all taxable property within the limits of the GID is required during 2019 to pay the cost of operating the GID; and WHEREAS, the GID staff estimates a levy of 4.924 mill will result in $308,000 of revenue; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years so that prior voter approval of the levy is not required under Article X, Section 20 of the Colorado Constitution; and WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 39-5-128(1) requires certification of any tax levy to the Board of County Commissioners no later than December 15 of each year; and WHEREAS, additional revenue is collected by the GID from such sources as the automobile ownership tax, ad valorem taxes, and interest earnings and that revenue for 2019 is anticipated to be $59,342; and WHEREAS, the City Council, acting as the ex-officio Board of Directors of the GID, desires to appropriate the necessary funds for operating costs and capital improvements of the GID for the fiscal year beginning January 1, 2019, and ending December 31, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, acting Ex-Officio as the Board of Directors of City of Fort Collins General Improvement District No. 1, 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 mill levy rate for taxation upon each dollar of the assessed Packet Pg. 4 -2- valuation of all taxable property within the GID’s boundaries shall be 4.924 mills imposed on the assessed valuation of all taxable property as set by state law for the GID’s property taxes payable in 2019. Section 3. That the City Clerk is hereby designated as the Secretary of the General Improvement District No. 1 and is hereby authorized and directed to certify such mill levy to the Board of Larimer County Commissioners as provided by law and no later than December 15, 2018. Section 4. That the City Council, acting ex-officio as the Board of Directors of City of Fort Collins General Improvement District No. 1, hereby appropriates out of the revenues of General Improvement District No. 1 for the fiscal year beginning January 1, 2019, and ending December 31, 2019, the sum of ONE HUNDRED SIXTY-SEVEN THOUSAND DOLLARS ($167,000) to be raised by taxation and additional revenue to be expended for the authorized purposes of the General Improvement District No.1, including, without limitation, for: $66,000 Capital improvements in the downtown area 11,500 Larimer County Treasurer’s fees for collecting property tax 30,000 Property tax rebate program 4,500 55,000 Estimated electrical costs for downtown lighting and water Payment to City for Parks Downtown Landscaping $167,000 TOTAL Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2019, and to be presented for final passage on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 5 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 6, 2018 General Improvement District No. 1 Board STAFF Clark Mapes, City Planner John Duval, Legal SUBJECT First Reading of Ordinance No. 071 Appropriating Prior Year Reserves in the General Improvement District No. 1 Fund in 2018 for the Opera Galleria Sidewalk Improvement Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate reserves to cover the related expenses that were not anticipated and, therefore, not included in GID No. 1’s 2018 annual budget appropriation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance appropriates prior year reserves in the amount of $60,000 in the General Improvement District No. 1 Fund in 2018 for the Opera Galleria Sidewalk Improvement project. This request was originally requested to be submitted with the 2018 Annual Adjustment Ordinance #121. However, this project was delayed and so is being submitted now as a separate supplemental Ordinance. As of December 31, 2017, the reserves balance in the General Improvement District No. 1 Fund is $600,000. CITY FINANCIAL IMPACTS This Ordinance increases the General Improvement District No. 1 Fund 2018 annual appropriations by $60,000. 2 Packet Pg. 6 -1- ORDINANCE NO. 071 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT DISTRICT NO. 1, APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL IMPROVEMENT DISTRICT NO. 1 FUND IN 2018 FOR THE OPERA GALLERIA SIDEWALK PROJECT WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the statutes of the State of Colorado; and WHEREAS, the GID has prior year reserves available for appropriation in fiscal year 2018; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Improvement District No. 1 Fund and will not cause the total amount appropriated in the General Improvement District No. 1 Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2018 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the City Council, acting ex-officio as the Board of Directors of the City of Fort Collins General Improvement District No. 1, hereby appropriates prior year reserves in the General Improvement District No. 1 Fund the sum of SIXTY THOUSAND DOLLARS ($60,000) for the Opera Galleria Sidewalks project in fiscal year 2018. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 7 -2- Passed and adopted on final reading on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 8 City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President 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 Executive Director Secretary 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. Skyview South General Improvement District No. 15 Board Meeting November 6, 2018 (after the Regular Council Meeting)  CALL MEETING TO ORDER  ROLL CALL 1. First Reading of Ordinance No. 010 Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2019; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2019 Annual Appropriation. (staff: Mike Beckstead, Lawrence Pollack; 2 minute presentation; 5 minute discussion) The purpose of this item is to fix the mill levy for the Skyview South General Improvement District No. 15 (GID No. 15) and to authorize the annual appropriation for 2019 of $1,000 for the expenses of the Skyview South General Improvement District No. 15 (GID No. 15). The sum of $32,784 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2019. Additional miscellaneous revenue to GID No. 15 of $5,997 is anticipated to generated from auto specific ownership fees and interest income. The total 2019 revenue for GID No. 15 is expected to be $38,781. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision. 2. First Reading of Ordinance No. 011 Appropriating Prior Year Reserves in the Skyview South General Improvement District No. 15 Fund to Reimburse the Transportation Fund for the Skyview South Sidewalks Project. (staff: Darren Morritz; 2 minute presentation; 5 minute discussion) The purpose of this item is to appropriate reserves to cover an expense that was not anticipated and, therefore, not included in the 2018 annual budget appropriation for the Skyview South General Improvement District No. 15. This new expense is the Skyview South Sidewalks Project. SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 BOARD City of Fort Collins Page 2  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 6, 2018 Skyview South General Improvement District No. 15 Board STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 010 Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2019; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2019 Annual Appropriation. EXECUTIVE SUMMARY The purpose of this item is to fix the mill levy for the Skyview South General Improvement District No. 15 (GID No. 15) and to authorize the annual appropriation for 2019 of $1,000 for the expenses of the Skyview South General Improvement District No. 15 (GID No. 15). The sum of $32,784 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2019. Additional miscellaneous revenue to GID No. 15 of $5,997 is anticipated to generated from auto specific ownership fees and interest income. The total 2019 revenue for GID No. 15 is expected to be $38,781. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2009, the City annexed Phase 3 of the Southwest Enclave Annexation. The area annexed included the entire GID No. 15. (Attachment 1) Larimer County organized GID No. 15 in 1997. Pursuant to C.R.S. Section 31-25-603, since the annexation area included the entire area within the improvement district boundaries, upon annexation, GID No.15 became a City-operated district and Council has thereafter acted as the ex officio Board of Directors of the District. Under State law, the City is required to set the annual mill levy for the GID No. 15 and to certify the amount of the levy to the Board of County Commissioners for Larimer County. This Ordinance continues the establishment, as in years past, of a mill levy of 10.0. CITY FINANCIAL IMPACTS This Ordinance sets the GID No. 15 mill levy at 10.0 mills, which will generate approximately $32,784 for fiscal year 2019. Additional 2019 revenue for GID No. 15 is projected to be $5,997 in fiscal year 2019. In addition, the 2019 Budget will include the appropriation of $1,000 for the Larimer County Treasurer’s fee for collecting the property tax. ATTACHMENTS 1. Skyview South GID 15 Boundary Map (PDF) 1 Packet Pg. 3 W TRILBY RD S COLLEGE AVE W SKYWAY DR CONSTELLATION DR MARS DR VENUS AVE ARAN ST ORBIT WAY DEBRA DR H OLYOKE C T P O L A R I S DR S T A R W A Y S T AV O NDALE R D RAMA H D R N E P T U N E D R GALA X Y W A Y URANUS ST F LA G L E R R D -1- ORDINANCE NO. 010 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15, DETERMINING AND FIXING THE MILL LEVY FOR THE SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 FOR THE FISCAL YEAR 2019; DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE FISCAL YEAR 2019 ANNUAL APPROPRIATION WHEREAS, the Skyview South General Improvement District No. 15 (the “GID”) was created by Larimer County in 1997 and annexed into the City by Phase Three of the Southwest Enclave Annexation in 2009; and WHEREAS, pursuant to Colorado Revised Statutes (“C.R.S.”) Sections 31-25-603 and 31-25-609, as a result of the annexation of the entire GID into the City, the GID is now a district of the City and the City Council is to act as the ex-officio board of directors of the GID; and WHEREAS, GID staff has considered the amount of revenue to be raised by a levy on the taxable real property within the GID boundaries, and recommends imposing a levy of 10.0 mills upon each dollar of the assessed valuation of all such taxable real property for 2019; and WHEREAS, GID staff estimates a levy of 10.0 mills will result in $32,784 of revenue; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years; as such, prior voter approval of the proposed levy is not required under Article X, Section 20 of the Colorado Constitution; and WHEREAS, C.R.S. Section 39-5-128(1) requires certification of any tax levy to the Board of Commissioners of Larimer County no later than December 15 of each year; and WHEREAS, additional revenue totaling $5,997 for 2019 is expected to be collected by the GID from auto specific ownership fees and interest earnings; and WHEREAS, an appropriation of $1,000 is needed from the GID’s revenue to pay the $1,000 fee owed to Larimer County for the 2019 collection of the GID’s taxes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, acting ex-officio as the Board of Directors of the City of Fort Collins Skyview South General Improvement District No. 15, 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 mill levy rate for taxation upon each dollar of the assessed valuation of taxable real property within the GID boundaries shall be 10.0 mills imposed on the assessed value of taxable property as set by state law for the GID’s property taxes payable in 2019. Packet Pg. 5 -2- Section 3. That the City Clerk acting ex-officio as the Secretary for the GID shall certify this levy of 10.0 mills to the County Assessor and the Board of Larimer County Commissioners as provided by law and no later than December 15, 2018. Section 4. That the City Council, acting ex-officio as the Board of Directors of the City of Fort Collins General Improvement District No. 15, hereby appropriates out of the revenues of the GID for the fiscal year beginning January 1, 2019, and ending December 31, 2019, the sum of ONE THOUSAND DOLLARS ($1,000) for payment to Larimer County for its collection of GID property taxes in 2019. Section 5. That the remainder of the GID revenue to be received in 2019 from taxation and other sources, shall be reserved in fund balance until such future time as the Board of Directors authorizes, by appropriation, such revenue to be used for the purposes of the GID. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 6 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 6, 2018 Skyview South General Improvement District No. 15 Board STAFF Darren Moritz, Pavement Management Program Manager John Duval, Legal SUBJECT First Reading of Ordinance No. 011 Appropriating Prior Year Reserves in the Skyview South General Improvement District No. 15 Fund to Reimburse the Transportation Fund for the Skyview South Sidewalks Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate reserves to cover an expense that was not anticipated and, therefore, not included in the 2018 annual budget appropriation for the Skyview South General Improvement District No. 15. This new expense is the Skyview South Sidewalks Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance appropriates prior year reserves in the amount of $30,000 in the Skyview South General Improvement District No. 15 Fund for reimbursement to the Transportation Fund for the Skyview South Sidewalks project. This project was submitted in the 2018 Annual Adjustment Ordinance #121 and paid for by reserves out of the Transportation Fund. This supplemental Ordinance is a reimbursement in 2018 for the amount paid by the Transportation Fund. CITY FINANCIAL IMPACTS This Ordinance increases the Skyview South General Improvement District No. 15 Fund 2018 appropriation by $30,000. 2 Packet Pg. 7 -1- ORDINANCE NO. 011 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 APPROPRIATING PRIOR YEAR RESERVES IN THE SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 FUND TO REIMBURSE THE TRANSPORTATION FUND FOR THE SKYVIEW SOUTH SIDEWALKS PROJECT WHEREAS, the Skyview South General Improvement District No. 15 (the “GID”) was created by Larimer County in 1997 and annexed into the City by Phase Three of the Southwest Enclave Annexation in 2009; and WHEREAS, pursuant to Colorado Revised Statutes (“C.R.S.”) Sections 31-25-603 and 31-25-609, as a result of the annexation of the entire GID into the City, the GID is now a district of the City and the City Council is to act as the ex-officio board of directors of the GID; and WHEREAS, the GID 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 appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Skyview South General Improvement District No. 15 Fund and will not cause the total amount appropriated in the Skyview South General Improvement District No. 15 Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2018 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the City Council, acting ex-officio as the Board of Directors of the City of Fort Collins General Improvement District No. 15, hereby appropriates prior year reserves in the Skyview South General Improvement District No. 15 Fund the sum of THIRTY THOUSAND DOLLARS ($30,000) for payment in 2018 to the Transportation Fund as a reimbursement for the Skyview South Sidewalks project. Packet Pg. 8 -2- Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 20th day of November, A.D. 2018. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 9 IDALIA DR Y U M A CT I D A L I A CT RICK DR SOLAR CT M E R C U R Y D R W SATURN DR F O S S IL CREST DR E TRILBY RD E SATURN DR G A L A X Y CT E SKYWAY DR PLATEAU CT AURORA WAY LEO CT O R I O N CT PLUTO CT SUNDOWN CT FL A G L E R RD Skyview South General Improvement District No. 15 Legend General Improvement District #15 Parcels 1 inch = 600 feet ATTACHMENT 1 1.1 Packet Pg. 4 Attachment: Skyview South GID 15 Boundary Map (7248 : Skyview GID No 15 2019 Budget) $0.2015 $0.2055 Packet Pg. 296  ATTACHMENT 7 15.7 Packet Pg. 274 Attachment: Utilities Affordability Portfolio Outreach Memo (7273 : Utility Rates) $28/month $12,423 $82,641 $16,695 DocuSign Envelope ID: F4E9F08D-4988-4ADA-8377-119606478D07 15.4 Packet Pg. 265 Attachment: Memo - Utilities Affordability Portfolio and IQAP update (7273 : Utility Rates) 9.66 ENVIR ENHANCEMENT - 1.0 FTE Utilities: Wastewater/Water/Stormwater Water - Field Operations Manager $58,621 $54,696 00 9.69 ENVIR ENHANCEMENT - Utilities: Wastewater/Stormwater - Regulatory Water Quality Monitoring Study (bacteriological) $37,500 $37,500 00 9.72 ENVIR ENHANCEMENT - Utilities: Wastewater/Water/Stormwater - Engineering Support to Maintain Levels of Service $95,550 $95,550 00 10.19 HPG ENHANCEMENT: CAPITAL - Utilities: Asset Register and Work Order Management System $11,000 $152,000 00 10.20 HPG ENHANCEMENT: Utilities: Water/Wastewater/Stormwater Scanning As-built Plans $15,000 $0 00 10.23 HPG ENHANCEMENT: CAPITAL - Utilities: 700 Wood Street Building/Facilities $40,000 $17,500 00 11.20 SAFE ENHANCEMENT: Utilities: Stormwater - Drainage and Detention Maintaining Existing Levels of Service $40,500 $40,500 00 11.11 SAFE ENHANCEMENT: CAPITAL REPLACEMENT - Utilities: Stormwater - Castlerock Storm Sewer Evaluation and Rep $300,000 $0 00 11.12 SAFE ENHANCEMENT: CAPITAL - Utilities: Stormwater - Poudre River at Oxbow Levee $412,000 $0 00 11.13 SAFE ENHANCEMENT: CAPITAL - Utilities: Stormwater - North College Drainage Improvement District, Phase 1 $267,800 $0 00 11.14 SAFE ENHANCEMENT: CAPITAL - Utilities: Remington Street Water, Wastewater and Stormwater Improvements $412,000 $2,546,200 00 11.15 SAFE ENHANCEMENT: CAPITAL - Utilities: Stormwater - Timberline Levee (Design Only) $103,000 $0 00 11.16 SAFE ENHANCEMENT: CAPITAL - Utilities: Stormwater - Drake Levee (Design Only) $51,500 $0 00 11.17 SAFE ENHANCEMENT: CAPITAL - Utilities: Stormwater - Flood Warning System $100,000 $100,000 00 86.10 ENVIR ENHANCEMENT: Encampment Cleaning Services $80,000 $80,000 00 9.67 ENVIR ENHANCEMENT - 1.0 FTE Utilities: Wastewater/Water/Stormwater Utilities Project Coordinator $48,857 $42,529 11 9.68 ENVIR ENHANCEMENT - 1.0 FTE Utilities: Wastewater/Water/Stormwater Over hire for Engineering Director $15,616 $0 11 11.19 SAFE ENHANCEMENT: Utilities: Stormwater Outreach and Engagement Enhanced Effort $20,000 $20,000 11 11.21 SAFE ENHANCEMENT CAPITAL - Utilities: Wastewater/Water/Stormwater - Geographic Information System Program $66,600 $66,600 11 87.2 SAFE ENHANCEMENT: OEM $7,000 $7,150 11 Capital Replacement - Utilities: Stormwater - Collection System Replacement - Small Capital Projects 15.3 Packet Pg. 261 Attachment: Fund Summaries - Electric and Stormwater Only (7273 : Utility Rates) % Change 9.2% -4.0% 5.4% 0.2% 3.5% ATTACHMENT 3 15.3 Packet Pg. 259 Attachment: Fund Summaries - Electric and Stormwater Only (7273 : Utility Rates) S Meldrum St Hemlock St 1st St Redwood St 3rd St S Whitcomb St 2nd St Duff Dr Lupine Dr W Magnolia St N Sherwood St N Whitcomb St C a j e tan S t 10th St Canyon Ave O s i a nde r S t Cowan St N Meldrum St Woo d war d Wa y S Mason St Jerome St Colorado St Main St Gold Dr Walnut St P a scal S t H o ffm an Mill Rd O v al D r Endicott St S Sherwood St 11th St Mull e i n D r Sycamore St Blue Spruce Dr Bellflower Dr East Dr Frontage Rd E Laurel St Woo d l awn D r Lesser Dr Pine St Cordova Rd E Magnolia St Lilac Ln Martinez St N Mason St El m St W Plum St L o n gleaf Ln Trujillo St Mas o n Ct Rivend a l Dr Lopez Ct Eastdal e D r Poudre River Dr Li n d e n Ce n ter Dr Rembrandt Dr Locust Ct La Garita Ln Baum St Sangre De Cristo Ln Kenroy Ct E Magnolia St E Laurel St Frontage Rd E Laurel St Pine St Downtown Development Authority Boundary Parcels DDA Boundary Printed: October 01, 2017 1 inch = 1,320 feet . 0 0.125 0.25 0.5 Miles Amended: March 7, 2017 ATTACHMENT 1 5.1 Packet Pg. 70 Attachment: Boundary Map (7254 : DDA Budget 2019)