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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 11/20/2018 - 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 20, 2018 Amended November 18, 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 November 24, 2018 as Small Business Saturday. B. Proclamation Recognizing North Fort Collins Business Association for Department of Energy Award. C. Proclamation Declaring November 20, 2018 as Transgender Day of Remembrance. City of Fort Collins Page 2  PLEDGE OF ALLEGIANCE: Flag Ceremony-Color Guard Pack 1951  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 Regular Meeting 6:00 p.m. 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. Second Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for Climate Action Efforts. This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates $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). 2. Second Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining to Trash and Recycling Enclosures for New Development. This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts 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. 3. Second 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. This Ordinance, unanimously adopted on First Reading on November 6, 2018, updates 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. This Ordinance has been amended on Second Reading to reflect the proper name “Colorado Parks and Wildlife” and correct a minor error in the Code language of Section 4. 4. Second Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of Fort Collins Regarding Abatement of Nuisances. This Ordinance, unanimously adopted on First Reading on November 6, 2018, clarifies 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. City of Fort Collins Page 4 5. Second 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. This Ordinance, unanimously adopted on First Reading on November 6, 2018, recommends that 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. 6. Second 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. This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts the 2019 budget for the Northern Colorado Regional Airport and appropriates Fort Collins’ share of the 2019 fiscal year operating and capital funds for the Airport. 7. Second Reading of Ordinance No. 137, 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. This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets 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. Ordinance No. 127, 2018 was numbered incorrectly on First Reading. The number has been corrected for Second Reading. 8. First Reading of Ordinance No. 138, 2018, Appropriating Unanticipated Revenue in the Light and Power Fund for Purchased Power Expenses. The purpose of this item is to appropriate unanticipated revenues in the Light & Power Enterprise Fund to offset higher purchased power expenses experienced in 2018. The Light & Power Fund realized $2.8M of unanticipated revenues in 2018, while purchased power expenses for 2018 have been $2.9M higher than what was budgeted for this expense. Because purchased power expenses represent 70- 72% of all expenses, this appropriation is necessary to ensure the Enterprise Fund remains under budget for the year. 9. First Reading of Ordinance No. 139, 2018, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund Related to the Northern Colorado Drug Task Force. The purpose of this item is to appropriate reserves and unanticipated revenue for operation of the Northern Colorado Drug Task Force (NCDTF). Management and fiduciary responsibilities for the NCDTF have been transferred from Fort Collins Police Services to the Larimer County Sheriff’s Office. City of Fort Collins Page 5 10. First Reading of Ordinance No. 140, 2018, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc., for Development Fees and Use Tax. The purpose of this item is to appropriate $64,479 of prior year reserves for a rebate to Woodward, Inc., for development fees and use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides business investment assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. 11. First Reading of Ordinance No. 141, 2018, Amending Sections 3.8.7 and 5.1.2 of the Land Use Code Sign Regulations. The purpose of this item is to update the Land Use Code (LUC), specifically the sign section, to improve overall legibility, address common requests, implement action items from the adopted Downtown Plan, and provide standards for new technology. 12. First Reading of Ordinance No. 142, 2018, Authorizing the Lease of City-Owned Property at 424 Pine Street for Up to 40 Years. The purpose of this item is to obtain authorization from City Council to lease City-owned property to a nonprofit corporation, United Daycare Center dba Teaching Tree Early Childhood Learning Center, at a less-than-market lease rate of $600 per year for a period of up to 40 years. The initial term is for 20 years, followed by the option for 4 additional 5-year terms at the City’s discretion. 13. First Reading of Ordinance No. 143, 2018, Authorizing the Purchasing Agent to Enter into Contracts for Services, Professional Services and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir. The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for services, professional services and/or construction of the proposed enlargement of Halligan Reservoir, which is the preferred alternative for the Halligan Water Supply Project. The request for a longer contract period is due to the large scope of the project and the uncertainties related to the schedule for design and construction. Any contracts authorized under the proposed ordinance would be no longer than ten years in length. 14. Resolution 2018-108 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Trilby Substation Enclave Annexation. This is a City-initiated request to annex a 1.797-acre enclave consisting of a single-parcel into the City of Fort Collins. The parcel became an enclave with the annexation of the Timan First Annexation on June 7, 1988. As of June 7, 1991, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Trilby Substation Enclave Annexation is located in southwest Fort Collins, abuts West Trilby Road to the north, and is situated between Hazaleus Natural Area and Colina Mariposa Natural Area. The single parcel contains an electric substation that is owned and operated by the Poudre Valley Rural Electric Association. The proposed zoning for this annexation is the Public Open Lands (P-O-L) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding properties are existing Natural Areas owned and administered by the City of Fort Collins. The proposed Resolution makes a finding that the property has been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. City of Fort Collins Page 6 15. Resolution 2018-109 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Kechter Enclave Annexation. This is a City-initiated request to annex an 8.4-acre enclave consisting of a single-parcel into the City of Fort Collins. The parcel became an enclave with the annexation of the Kechter Farm Annexation on May 6, 2014. As of May 6, 2017, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Kechter Enclave Annexation is located in southeast Fort Collins, abuts Ziegler Road to the east and is situated between Trilby Road and the Fossil Creek Reservoir. The single parcel contains a single-family residence with several agricultural related outbuildings. The proposed zoning for this annexation is the Low Density Mixed Use Neighborhood (L-M-N) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding properties are existing single-family residences that were developed in the county and subsequently annexed by the City of Fort Collins. The proposed Resolution makes a finding that the property has been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 16. Resolution 2018-110 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Strauss Cabin Enclave Annexation. This is a City-initiated request to annex a 35.036-acre enclave consisting of eight parcels into the City of Fort Collins. The subject parcels became an enclave with the annexation of the Riverwalk Annexation on October 27, 2009. As of October 27, 2012, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Strauss Cabin Enclave Annexation is located in southeast Fort Collins, abuts Kechter Road to the south and is bisected by Strauss Cabin Road. The eight parcels contain a combination of single-family, agricultural, and institutional uses. The proposed zoning for this annexation is Urban Estate (U-E), which will require a separate item to amend the Structure Plan for the properties on the east side of Strauss Cabin Road. The surrounding properties are existing single-family residences, a City of Fort Collins Natural Area and an undeveloped property to the east referred to as H25. The proposed Resolution makes a finding that the properties have has been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 17. Resolution 2018-111 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Friendly Fire Enclave Annexation. This is a City-initiated request to annex a 2.057-acre enclave consisting of three parcels into the City of Fort Collins. The subject parcels became an enclave with the annexation of the Forney Annexation on September 18, 2012. As of September 18, 2015, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Friendly Fire Enclave Annexation is located in northwest Fort Collins, abuts Laporte Avenue to the south between North Bryan Avenue and Grandview Avenue. The three parcels contain a combination of single-family, commercial, and industrial uses. The proposed zoning for this annexation is Limited Commercial (C- L). The surrounding properties are existing commercial and residential land uses. The proposed Resolution makes a finding that the properties have been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. City of Fort Collins Page 7 18. Resolution 2018-112 Adopting the City's 2019 Legislative Policy Agenda. The purpose of this item is to consider and adopt the City's 2019 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation and regulation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions on legislation and regulation pending at the state and federal levels and as a general reference for the City's state legislators and congressional delegation. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. 20 Year Anniversary Sprinkler Audit Program (staff: Lisa Rosintoski) B. Income Qualified Assistance Program (staff: Lisa Rosintoski)  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 19. Items Relating to 2019 Utility Rates for Electric and Stormwater Rates, Fees and Charges. (staff: Randy Reuscher, Lance Smith; no staff presentation; 20 minute discussion) A. Second 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. Second 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. These Ordinances were adopted on November 6, 2018. Ordinance No. 134, 2018, was adopted by a vote of 6-1 (Nays: Martinez). Ordinance No. 135, 2018 was unanimously adopted. The two Ordinances adjust 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 8 20. Second 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; 10 minute presentation; 50 minute discussion) This Ordinance, unanimously adopted on First Reading on November 6, 2018, 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 $635,086,160 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 $655,627,995 in 2019. This Ordinance also sets the 2019 City mill levy at 9.797 mills, unchanged since 1991. 21. First Reading of Ordinance No. 144, 2018 Amending Chapter 12 of the Code of the City of Fort Collins to Establish the Requirements for a Building Energy and Water Scoring Program. (staff: Jeff Mihelich, Kevin Gertig, Kirk Longstein, John Phelan: 10 minute presentation; 20 minute discussion) The purpose of this item is to establish requirements for building owners to provide information related to energy and water use in commercial and multifamily buildings larger than 5,000 square feet. The ordinance requires:  Building owners to benchmark and report energy and water performance data to the City;  Energy and water performance data be made available to the public;  A phased implementation over three years based on building size and sector;  Building owners to apply for exemptions to the requirement if necessary;  A compliance mechanism for enforcement if necessary.  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. Discussion and possible action setting the process for replacing a Councilmember. C. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, November 27, 2018.  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, Fort Collins is a place where small businesses create the majority of jobs in our community and offer unique products and services at the holidays; and WHEREAS, we want to urge the community to support these businesses because of their important place in our economy; and WHEREAS, small businesses are supported by such organizations as the Larimer Small Business Development Center, the Downtown Business Association, the North and South Fort Collins Business Associations and the Campus West Merchant Association; and WHEREAS, Small Business Saturday, a national day supported by the U.S. Small Business Administration that encourages people to “Shop Small,” is a good reminder that shopping locally supports small business; and WHEREAS, the money spent in Fort Collins stays in Fort Collins to support basic City services and keep our community thriving. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim November 24, 2018, the Saturday after Thanksgiving, as SMALL BUSINESS SATURDAY in Fort Collins in honor of small businesses in Fort Collins and their importance in the community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, Fort Collins is known for its innovation economy that includes entrepreneurs on the cutting edge; and WHEREAS, Revive Properties, LLC has been recognized by the City of Fort Collins for its accomplishment in constructing high performance, net-zero energy homes and participation in the City’s Integrated Design Assistance Program, which offers financial incentives and no-cost technical support for energy-efficient design in commercial construction; and WHEREAS, the U.S. Department of Energy recently recognized Revive, owned by Chad Adams and co-developed by Sue McFaddin, and Philgreen Construction, with the grand prize for multifamily home innovation; and WHEREAS, businesses in Fort Collins continue to put the community on the national and international map for innovation in the area of sustainability; and WHEREAS, the City appreciates businesses such as Revive for their contribution to a healthier, more energy efficient community. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of November 20, 2018th as REVIVE PROPERTIES WEEK in Fort Collins in honor of Revive Properties and the innovation economy it helps support. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20 th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, the City of Fort Collins is committed to making this community a more inclusive, diverse and welcoming place for all; and WHEREAS, we invite all residents of Fort Collins to join in these efforts, because a community that is inclusive and diverse is a safer community and a stronger community; and WHEREAS, this month is an opportunity to inspire, inform and educate our community about the contributions of and challenges faced by the transgender and gender non-binary community; and WHEREAS, this month we remember on this day those in the transgender community who have lost their lives. Today marks the nineteenth year of the Transgender Day of Remembrance. On November 20, we memorialize and honor the members of the transgender community who have been killed as a result of being who they are - such as Angie Zapata, an 18- year-old Greeley resident who was killed in 2008; and WHEREAS, this month we strive to create greater awareness of the transgender community – in memoriam, in honor and also in celebration – and we strive to create an environment, now and in the future, that fosters acceptance and discourages and condemns violence; and NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of November as TRANSGENDER AWARENESS MONTH in the city of Fort Collins in honor of those lost and those living in the transgender community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Lindsay Ex, Environmental Program Manager Lucinda Smith, Environmental Sustainability Director Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 128, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for Climate Action Efforts. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates $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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 128, 2018 (PDF) 1 Packet Pg. 13 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. ATTACHMENT 1 COPY 1.1 Packet Pg. 14 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7344 : SR 128 USDN TA Mini-Grant) 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. COPY 1.1 Packet Pg. 15 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7344 : SR 128 USDN TA Mini-Grant) -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. 1.2 Packet Pg. 16 Attachment: Ordinance No. 128, 2018 (7344 : SR 128 USDN TA Mini-Grant) -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 1.2 Packet Pg. 17 Attachment: Ordinance No. 128, 2018 (7344 : SR 128 USDN TA Mini-Grant) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining to Trash and Recycling Enclosures for New Development. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 129, 2018 (PDF) 2 Packet Pg. 18 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. ATTACHMENT 1 COPY 2.1 Packet Pg. 19 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7345 : SR 129 Trash and Recycling) 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) COPY 2.1 Packet Pg. 20 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7345 : SR 129 Trash and Recycling) -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. (A) Purpose. The purpose of this 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) Applicability. The following developments must provide adequately sized, conveniently located, and easily accessible areas to accommodate the specific trash, compostable and 2.2 Packet Pg. 21 Attachment: Ordinance No. 129, 2018 (7345 : SR 129 Trash and Recycling) -2- 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) General Standards. (1) 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) must be enclosed so that they are screened from public view. Enclosures must be constructed of durable materials such as masonry and shall be compatible with the structure to which it is associated. (2) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other materials must be adequate in size, number and location to readily serve the reasonably anticipated needs of the development’s occupants. (3) 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. (4) To provide equal access for trash, compostable and recyclable 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. (5) 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. 2.2 Packet Pg. 22 Attachment: Ordinance No. 129, 2018 (7345 : SR 129 Trash and Recycling) -3- (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. (8) 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 comply with necessary turning radii, width, and height restrictions for the type of collection vehicles that will service the development. (9) 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 2.2 Packet Pg. 23 Attachment: Ordinance No. 129, 2018 (7345 : SR 129 Trash and Recycling) -4- 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 Passed and adopted on final reading on this 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk 2.2 Packet Pg. 24 Attachment: Ordinance No. 129, 2018 (7345 : SR 129 Trash and Recycling) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Rick Bachand, Environmental Program Manager Mike Calhoon, Parks Supervisor Jody Hurst, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, updates 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. This Ordinance has been amended on Second Reading to reflect the proper name “Colorado Parks and Wildlife” and correct a minor error in the Code language of Section 4. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 3 Packet Pg. 25 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. ATTACHMENT 1 COPY 3.1 Packet Pg. 26 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7346 : SR 130 Natural Areas and Parks Changes to 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) COPY 3.1 Packet Pg. 27 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7346 : SR 130 Natural Areas and Parks Changes to -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. . . . Service Unit shall mean the Natural Areas Department. . . . Section 3. That Section 23-193 of the Code of the City of Fort Collins is hereby amended as follows: Packet Pg. 28 -2- 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 State of Colorado through Colorado Parks and Wildlife Division, or in violation of any requirements of the Colorado Parks and Wildlife Division, 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 Unit, 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. . . . Service Unit shall mean the Natural AreasParks Department. . . . Packet Pg. 29 -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 State of Colorado through Colorado Parks and Wildlife Division, or in violation of any requirements of the Colorado Parks and Wildlife Division, 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. 30 -4- Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 31 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Eric Keselburg, Compliance Supervisor Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 131, 2018, Amending Chapter 20 of the Code of the City of Fort Collins Regarding Abatement of Nuisances. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 6, 2018, clarifies 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 131, 2018 (PDF) 4 Packet Pg. 32 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. ATTACHMENT 1 COPY 4.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7347 : SR 131 Municipal Code Amendments) -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. 4.2 Packet Pg. 34 Attachment: Ordinance No. 131, 2018 (7347 : SR 131 Municipal Code Amendments) -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 § 19-63, are authorized 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-of-way has not been brought into compliance with this Article on or before five (5) days from the date of such notice, 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. . . . 4.2 Packet Pg. 35 Attachment: Ordinance No. 131, 2018 (7347 : SR 131 Municipal Code Amendments) -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 4.2 Packet Pg. 36 Attachment: Ordinance No. 131, 2018 (7347 : SR 131 Municipal Code Amendments) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, recommends that 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 adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Memo Regarding APU Process (PDF) 3. Ordinance No. 132, 2018 (PDF) 5 Packet Pg. 37 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: ATTACHMENT 1 COPY 5.1 Packet Pg. 38 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7348 : SR 132 200 E Swallow APU) 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. COPY 5.1 Packet Pg. 39 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7348 : SR 132 200 E Swallow APU) 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, internet COPY 5.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7348 : SR 132 200 E Swallow APU) Agenda Item 11 Item # 11 Page 4 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. COPY 5.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7348 : SR 132 200 E Swallow APU) 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 Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred COPY 5.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7348 : SR 132 200 E Swallow APU) Agenda Item 11 Item # 11 Page 6 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) COPY 5.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7348 : SR 132 200 E Swallow APU) ATTACHMENT 2 5.2 Packet Pg. 44 Attachment: Memo Regarding APU Process (7348 : SR 132 200 E Swallow APU) 5.2 Packet Pg. 45 Attachment: Memo Regarding APU Process (7348 : SR 132 200 E Swallow APU) 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: 5.3 Packet Pg. 46 Attachment: Ordinance No. 132, 2018 (7348 : SR 132 200 E Swallow APU) (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 after submittal of the development application and completion of the first round of staff review on August 9, 2018. 5.3 Packet Pg. 47 Attachment: Ordinance No. 132, 2018 (7348 : SR 132 200 E Swallow APU) (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 5.3 Packet Pg. 48 Attachment: Ordinance No. 132, 2018 (7348 : SR 132 200 E Swallow APU) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Jason Licon, Airport Director Judy Schmidt, Legal Mike Beckstead, Chief Financial Officer SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, adopts the 2019 budget for the Northern Colorado Regional Airport and appropriates Fort Collins’ share of the 2019 fiscal year operating and capital funds for the Airport. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 136, 2018 (PDF) 6 Packet Pg. 49 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. ATTACHMENT 1 COPY 6.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7342 : SR 136 Airport Budget 2019) 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. COPY 6.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7342 : SR 136 Airport Budget 2019) -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 6.2 Packet Pg. 52 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) -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. 6.2 Packet Pg. 53 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) -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 6.2 Packet Pg. 54 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) 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 6.2 Packet Pg. 55 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) 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 6.2 Packet Pg. 56 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) 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 6.2 Packet Pg. 57 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) 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 6.2 Packet Pg. 58 Attachment: Ordinance No. 136, 2018 (7342 : SR 136 Airport Budget 2019) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Matt Robenalt, Executive Director Kristy Klenk, Financial Coordinator John Duval, Legal SUBJECT Second Reading of Ordinance No. 137, 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets 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. Ordinance No. 127, 2018 was numbered incorrectly on First Reading. The number has been corrected for Second Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading of Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 7 Packet Pg. 59 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. ATTACHMENT 1 COPY 7.1 Packet Pg. 60 Attachment: First Reading of Agenda Item Summary, November 6, 2018 (w/o attachments) (7343 : SR 0137 DDA Budget 2019) 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) COPY 7.1 Packet Pg. 61 Attachment: First Reading of Agenda Item Summary, November 6, 2018 (w/o attachments) (7343 : SR 0137 DDA Budget 2019) -1- ORDINANCE NO. 127137, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS (FORMERLY NUMBERED ORDINANCE NO. 127, 2018 IN ERROR) 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; and WHEREAS, a scrivener’s error in the numbering of this Ordinance has been corrected since this Ordinance was adopted on First Reading, and this Ordinance has now been published by correct number and title prior to adoption on Second Reading. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Packet Pg. 62 -2- 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 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. 63 -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. 64 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Randy Reuscher, Utility Rate Analyst Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 138, 2018, Appropriating Unanticipated Revenue in the Light and Power Fund for Purchased Power Expenses. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated revenues in the Light & Power Enterprise Fund to offset higher purchased power expenses experienced in 2018. The Light & Power Fund realized $2.8M of unanticipated revenues in 2018, while purchased power expenses for 2018 have been $2.9M higher than what was budgeted for this expense. Because purchased power expenses represent 70-72% of all expenses, this appropriation is necessary to ensure the Enterprise Fund remains under budget for the year. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In previous budget cycles the Light & Power Fund has budgeted expenses more conservatively than the 2017- 18 budget cycle, when the Light & Power budgeted expenses before enhancement offers were reduced by 5.3% from 2016. By tightening budgeted expenses to more closely match historical spending, more revenue was made available for enhancements. However, it is also necessary to ensure that revenues are similarly adjusted down so that the enterprise fund is not taking on more risk of spending the full budget without realizing adequate revenue to support those expenses. Hence the budgeted revenues were also reduced in the 2017-18 budget. Through this October, the 2018 Light & Power revenues have exceeded the budgeted amount by $2.8M and the purchased power expense has exceeded the budgeted amount by $2.9M. Appropriating $2.5M is necessary to ensure that expenditures from the enterprise fund do not exceed the total amount appropriated for the 2018 calendar year as required by City Charter. The table below summarizes the fund reserve balance through October 2018 with $5.5M of reserves available for appropriation. This appropriation will leave $3.0M available for other future appropriations in the Light & Power Fund. The 2019-2020 budget will need to utilize $0.3M of this balance in 2019 with the 2020 budget showing $0.3M being added back to reserves. CITY FINANCIAL IMPACTS The use of this unanticipated revenue to meet the purchased power obligations will reduce the Light and Power Enterprise Fund available reserves from $5.2M as of November 1, 2018 to $3.0M in order to ensure that the enterprise fund remains below the 2018 budget. 8 Packet Pg. 65 Agenda Item 8 Item # 8 Page 2 With the proposed 5.0% electric service rate increases in 2019 and 2020 this enterprise fund is expected to begin generating positive operating income, which will add to the available reserve balance for future capital needs. 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 01/01/2018 $11.4 LESS 2018 Appropriations to date ($8.4) LESS 2019-20 Budget Use of Reserves ($0.3) PLUS 2018 Unanticipated Revenues $2.8 Reserves Available 11/1/2018 $5.5 Reserve Balance after this appropriation ($2.5) $3.0 LESS Appropriation Request being made here 8 Packet Pg. 66 -1- ORDINANCE NO. 138, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE LIGHT AND POWER FUND FOR PURCHASED POWER EXPENSES WHEREAS, through October 2018, the Light & Power Utility Energy Services Division received unanticipated revenues from retail operation of the electric utility in the amount of $2,800,000; and WHEREAS, through October 2018, the Light & Power Utility Energy Services Division also experienced unanticipated purchased power expenses under energy purchase transactions with Platte River Power Authority (in the amount of $2,900,000), which purchases were necessary for retail operation of the electric utility; and WHEREAS, Utilities staff recommends aligning unanticipated Light & Power Utility operating expenses and revenues with the approved 2017-2018 budget to reconcile realized differences in budgeted amounts and minimize potential impacts to enterprise fund reserves, which will require an appropriation of $2,500,000 from unanticipated revenues in the Light and Power Fund received in fiscal year 2018; and WHEREAS, Utilities staff recommends Council appropriate these unanticipated Light & Power Utility Energy Services Division revenues received through October 2018 to fund the unanticipated excess energy purchase costs necessary to operate the City’s electric utility during that period; and WHEREAS, appropriating unanticipated Light & Power Utility Energy Services Division revenues as recommended will serve the purpose of paying City electric utility operating costs, while maintaining funds for the replacement of depreciated property and the extension, improvement and betterment of said utility for the benefit of electric utility rate payers; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of supporting the delivery of essential government services, including electric power and emergency communication; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light and Power Fund and will not cause the total amount appropriated in the Light and Power Fund to exceed the current estimate of actual and anticipated revenues and reserves to be received in that fund during the 2018 fiscal year. Packet Pg. 67 -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 there is hereby appropriated from unanticipated revenue in the Light and Power Fund the sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) for purchased power expenses. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 68 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF David Pearson, Police Lieutenant Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 139, 2018, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund Related to the Northern Colorado Drug Task Force. EXECUTIVE SUMMARY The purpose of this item is to appropriate reserves and unanticipated revenue for operation of the Northern Colorado Drug Task Force (NCDTF). Management and fiduciary responsibilities for the NCDTF have been transferred from Fort Collins Police Services to the Larimer County Sheriff’s Office. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The NCDTF currently includes Fort Collins Police Services, the Larimer County Sheriff’s Office, the Loveland Police Department, the District Attorney’s Office, and Colorado Adult Parole. In the fall 2017, the Executive Officer Board of the Northern Colorado Drug Task Force (NCDTF) decided to transfer the management of the NCDTF from Fort Collins Police Services (FCPS) to the Larimer County Sheriff’s Office (LCSO). That change took effect on January 1, 2018. The fiduciary responsibilities for the NCDTF also changed from FCPS to the LCSO. The change in management and fiduciary responsibilities requires appropriation of reserves to be transferred to the LCSO and appropriation of unanticipated revenue from LCSO to FCPS for the operations of the NCDTF. There are four transactions to be completed: 1. Transactions #1 and #2: a. Reserves are being held by the City of Fort Collins in a specific balance sheet account, which is comprised of two components. i. The first is federal seizure funds in the amount of $762,400 1. Transaction #1: this amount will be transferred to the LCSO for the NCDTF. ii. The second is United States Treasury seizure funds in the amount of $1,830 1. Transaction #2: this amount will be appropriated and used in 2018 by FCPS for the purchase of NCDTF equipment and other supplies. 2. Transaction #3: The LCSO will give $25,000 of unanticipated revenue to the FCPS, as a sub-recipient of the 2018 Justice Assistance Grant to be used to off-set overtime costs incurred by FCPS detectives assigned to the NCDTF for 2018. 9 Packet Pg. 69 Agenda Item 9 Item # 9 Page 2 3. Transaction #4: The LCSO will give $61,782 of unanticipated revenue to the City of Fort Collins in compensation for the use of its facilities for the NCDTF. This will be expensed in 2018 by FCPS for the City’s portion of NCDTF expenses. As a note, a separate allocation in the amount of $160,241 was submitted through the 2018 Annual Appropriation for transfer to the NCDTF. This allocation was the amount of State Asset Forfeiture funds. This second appropriation request was unable to be submitted with the Annual Appropriation due to a delay in final numbers being calculated and finalized. CITY FINANCIAL IMPACTS This action will appropriate: 1. $762,400 from the NCDTF reserve account to be transferred to the LCSO. 2. $1,830 from the NCDTF reserve account to be used by FCPS on NCDTF equipment and other supplies. 3. $25,000 in unanticipated revenue (grant funding) paid to FCPS (from LCSO) to offset overtime costs associated with investigations conducted by detectives assigned to the NCDTF. 4. $61,782 in unanticipated revenue paid to FCPS (from LCSO) for use of facilities for the NCDTF. 9 Packet Pg. 70 -1- ORDINANCE NO. 139, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND PRIOR YEAR RESERVES IN THE GENERAL FUND RELATED TO THE NORTHERN COLORADO DRUG TASK FORCE WHEREAS, on January 1, 2018, the Larimer County Sheriff’s Office (LCSO) took over the managerial and fiduciary responsibilities of the Northern Colorado Drug Task Force (NCDTF) from Fort Collins Police Services (FCPS); and WHEREAS, such a shift in responsibilities requires appropriation of reserves to be transferred to the LCSO and appropriation of unanticipated revenue from LCSO to FCPS for the operation of the NCDTF; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins by funding the operations dedicated to identifying, investigating and impacting drug crimes and criminals in the City and throughout Larimer County; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriations described herein and determined that these appropriations are 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 reserves in the General Fund, NCDTF Federal seizure funds account the sum of SEVEN HUNDRED SIXTY-TWO THOUSAND FOUR HUNDRED DOLLARS ($762,400) for payment to the LCSO for the NCDTF operation. Packet Pg. 71 -2- Section 3. That there is hereby appropriated from reserves in the General Fund, NCDTF United States Treasury seizure funds account the sum of ONE THOUSAND EIGHT HUNDRED THIRTY DOLLARS ($1,830) for expenditure in the General Fund by FCPS for the purchase of NCDTF equipment and other supplies as are necessary for the NCDTF operations. Section 4. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for expenditure in the General Fund for FCPS, to reimburse detective overtime costs assigned to the NCDTF. Section 5. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of SIXTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-TWO DOLLARS ($61,782) for expenditure in the General Fund for FCPS for the City’s portion of the NCDTF facility expense. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 72 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer Jennifer Poznanovic, Project and Revenue Manager John Duval, Legal SUBJECT First Reading of Ordinance No. 140, 2018, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc., for Development Fees and Use Tax. EXECUTIVE SUMMARY The purpose of this item is to appropriate $64,479 of prior year reserves for a rebate to Woodward, Inc., for development fees and use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides business investment assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Agreement Summary On April 2, 2013, City Council adopted Ordinance No. 055, 2013 approving an Economic Development Project Agreement (“Agreement”) between the City, the DDA, and Woodward, Inc. The agreement specifies Woodward is eligible for a rebate in three areas: • Use Tax on Construction Materials and Eligible Equipment (up to 80%) • Development Fees (100%) • Capital Expansion Fees (“CEFs”) and Utility Plant Investment Fees (“PIFs”) (up to 50%). Employment Level Requirements The three rebate categories were offered with the stipulation that employment levels must reach or exceed 1,400 employees within the City by December 31, 2018. • If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the rebate until set employment levels have been met. The remaining 60% of the earned rebates will be paid on the schedule agreed upon by Woodward (see below). • If the target employment level is reached after December 31, 2018 but before December 31, 2020, Woodward will receive the retained 40 percent less $500,000 (combined between use tax and development fee rebates). Woodward will not be entitled to the remaining 40 percent if the target level is 10 Packet Pg. 73 Agenda Item 10 Item # 10 Page 2 not reached by December 31, 2020. It is currently anticipated the employment levels will not be reached by December 31, 2018; therefore, Woodward is not eligible to receive $500,000 of the $1.5M currently being held in escrow. Rebate Schedule as agreed upon with Woodward Staff has developed a rebate schedule with Woodward which is consistent with the agreement whereby two rebate applications will be processed each year. The two applications per year consist of the following components: • Application 1 includes: o January through June: Development Review and Capital Improvement Fees • Application 2 includes: o July through December: Development Review and Capital Improvement Fees o January through December: Use Tax Rebate funds will be appropriated by City Council biannually as part of the rebate process. This rebate application is for both use tax and development fees paid from January through December 2017. The rebate amount of development fees for the period January 1 through June 30, 2017, was minimal and is being included with the request for fees from July 1, through December 31, 2017. For the application period, Woodward earned a total of $107,464 in rebates. Of that amount, 40% is held back pending the aforementioned employee level requirements. The remaining 60% which totals $64,479 is requested for rebate at this time. The 40% that is held back has been assigned within the General Fund in recognition of the potential future obligation. The use tax rebate includes a General Fund backfill requirement of the dedicated taxes: • .25% Natural Areas • .25% Streets and Transportation • .25% Building on Basics Projects • .85% Keep Fort Collins Great This is the final application for Phase 1 of the project. CITY FINANCIAL IMPACTS The total rebate amount is $64,479. The full amount will come from prior year General Fund Reserves and will be appropriated for the purpose of remitting the rebate to Woodward. 10 Packet Pg. 74 -1- ORDINANCE NO. 140, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE WOODWARD, INC. FOR DEVELOPMENT FEES AND USE TAX WHEREAS, the City, the Fort Collins Downtown Development Authority, and Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.” dated April 16, 2013, (the “Agreement”), which Agreement provides business investment assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing and office facilities in Fort Collins; and WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from the City for the following paid by it to the City: (1) “Use Taxes” on “Construction Materials” and “Eligible Equipment”, (2) “Development Fees”, and (3) “Capital Improvement Fees,” as these terms are defined in the Agreement; and WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually for Development Review and Capital Improvement Fees and once a year for the Use Tax rebate; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No. 055, 2013, on April 2, 2013; and WHEREAS, the current total amount due to Woodward for the period of January 1, 2017, through December 31, 2017, for Development Fee and Use Tax eligible reimbursements is $64,479; and WHEREAS, in accordance with the terms of the Agreement, staff is requesting appropriation of $64,479 from General Fund prior year reserves for these reimbursements to Woodward; and WHEREAS, as the Council found in Ordinance No. 055, 2013, approving the Agreement, and hereby reaffirms, the Agreement was and is necessary, convenient, and in furtherance of the City’s purposes and in the best interests of the inhabitants of the City, and will serve the important public purposes of maintaining and increasing employment in the City, stabilizing and improving the long term tax base of the City, and providing additional economic health benefits to the City; and WHEREAS, the Agreement has also resulted in the construction of significant public improvements related to the Woodward project; and Packet Pg. 75 -2- 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, provided that the total amount of appropriations for fiscal year 2018 shall not exceed the current estimate of actual and anticipated revenues to be received by the City during 2018; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated in 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 the 2018 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of SIXTY-FOUR THOUSAND FOUR HUNDRED SEVENTY- NINE DOLLARS ($64,479) to reimburse Woodward for Development Fees and Use Tax as required by the Agreement. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 76 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Noah Beals, Senior City Planner/Zoning Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 141, 2018, Amending Sections 3.8.7 and 5.1.2 of the Land Use Code Sign Regulations. EXECUTIVE SUMMARY The purpose of this item is to update the Land Use Code (LUC), specifically the sign section, to improve overall legibility, address common requests, implement action items from the adopted Downtown Plan, and provide standards for new technology. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance incorporates the changes to the sign code associated with phase 2 of the update. These changes included: • Overall legibility of the sign section: o Layout changes o Sign Graphics • Common Requests: o Vertical oriented signs o Secondary roof signs • Downtown Plan action items: o Pedestrian Oriented signs o Clear standards for a historic sign • Standards for new technology: o Increase in resolution requirements o Allow full color electronic Message Centers o Projected light signs These changes have come out of the process that was started in 2017. This process has included public meetings, coffee chats, online questionnaires, presentations to boards and commissions and work sessions with Council. Overall, staff has received positive feedback on the changes included in this Ordinance. Part of the process has included discussions on the digital billboards. This Ordinance does not include any standards or changes related to digital billboards. This topic will come forward at a later date for Council discussion. 11 Packet Pg. 77 Agenda Item 11 Item # 11 Page 2 CITY FINANCIAL IMPACTS The City of Fort Collins Zoning staff currently reviews applications and inspects the installation of signs/banners. It is not anticipated that staff time dedicated to signs/banners will increase. BOARD/COMMISSION RECOMMENDATION The Planning and Zoning Board considered the changes to the sign code June 2018 (Attachment 1). At that time the changes included those associated with digital billboards. The Planning and Zoning Board recommended approval of the sign code update in a vote of 6 to 1. The one dissenting vote stated “if the changes did not include a digital billboard then I would have voted in favor as well”. The Landmark Preservation Committee (Attachment 2) also reviewed the sign code update June 2018. However, its review only included the Restoration or Reconstruction of Historic Signs section. Its discussion focused any redundancy of changes with standards already in place for historic buildings/structures. Therefore, the changes included in this ordinance reflect this discussion. The Economic Advisory Commission (EAC) (Attachment 3) received a presentation of the sign code update June 2018. The EAC offered the following statement related to the changes in this ordinance: The members of the EAC support the revisions to the City’s sign code and recommend that the city revise the messaging surrounding the updated city sign code, so that the following points are made clear to the entities: (1) Clearly define while not reducing the allowable sign space allotted to each entity; (2) Give more signage options and flexibility for entities as technologies arise. PUBLIC OUTREACH • Aug 14, 2018 City Council Work Session • June 21, 2018 Planning and Zoning Board Hearing • June 20, 2018 Landmark Preservation Commission Regular Meeting • June 20, 2018 Economic Advisory Commission • June 15, 2018 Planning and Zoning Board Work Session • May 24, 2018 Public Meeting, Draft of the proposed changes to the Sign Code • Mar 27, 2018 City Council Work Session • Mar 22, Coffee Talks at 281 N College Ave • Mar 15, 2018 Downtown Business Association, Member Meeting • Mar 14, 2018 Landmark Preservation Commission, Work Session • Mar 9, 2018 Planning and Zoning Board, Work Session • Mar 9, 2018 Chamber of Commerce Local Legislative Affairs Committee • Mar 7, 2018 Coffee Talks at Mugs Coffee Lounge • Mar 7, 2018 Coffee Talks at 281 N. College Ave. • Feb 15, 2018 Downtown Business Association, Member Meeting • Feb 14, 2018 Downtown Business Association, Board Meeting • Feb 7, 2018: Public Meeting Electronic Message Centers (EMCs), Projected Light Signs, Interactive Window Signs, Billboards • Feb 1, 2018: Public Meeting Historic Signs, Downtown Signs, Secondary Roof Signs • Sep 15, 2017: City Staff Workshop • Sep 7, 2017: City Staff Workshop • Aug 25, 2017: City Staff Workshop • Aug 15, 2017: City Council Second Reading of Interim Sign Code Update Ordinance • July 27, 2017: Public Open House at the Foothills Activity Center Community Room (241 E Foothills Parkway) • July 20, 2017: Planning and Zoning Board Hearing for recommendation of the Interim Sign Code Update 11 Packet Pg. 78 Agenda Item 11 Item # 11 Page 3 • July 5, 2017: City Council First Reading of Interim Sign Code Update Ordinance • Jun 30, 2017: Presentation at the Chamber of Commerce • May 25 2017 City Council Work Session • Jan 13, 2017: Public Round Table Meeting • Dec 19, 2016: Public Round Table Meeting ATTACHMENTS 1. Planning and Zoning Board Minutes June 21, 2018 (PDF) 2. Landmark Preservation Commission Minutes June 20, 2018 (PDF) 3. Economic Adviosory Commission Minutes June 20, 2018 (PDF) 11 Packet Pg. 79 Planning & Zoning Board June 21, 2018 Page 7 of 15 need of Board consensus; he will be supporting this item, at no minimum threshold. Chair Schneider stated that it sounds as though everyone is ok with changing the minimum to zero. Chair Schneider called for a motion. Member Carpenter made a motion that the Planning and Zoning Board recommend approval of the Planned Unit Development Overlay and Land Use Code changes based on the agenda materials, the information and materials presented during the work session, this hearing and the Board discussion on this item with the following findings and that the Board recommends the application threshold be zero for the PUD process. Member Whitley seconded. Vote: 6:0. 5. Sign Code Update, Phase 2 Project Description: The purpose of this item is to update the Land Use Code (LUC) sign regulations. This Ordinance will address the following: • Signs in Downtown (wall signs, projecting signs, and window signs) • Restoration or Replacement of Historic Signs • Secondary Roof Signs • Electronic Message Centers (EMCs) • Conversion of Nonconforming Billboards • Horizontal and Vertical Projected Light Signs Recommendation: Approval Secretary Gerber reported that no citizen emails or letters were received for this item. Staff and Applicant Presentations Planner Beals gave a brief verbal/visual overview of this project. This is phase II which is set to improve the overall legibility of the sign code, to implement action items from the downtown plan, give digital billboard options and discuss sign standards for new technology. This includes public engagement items. Clarifying questions Member Carpenter asked Planner Beals to clarify if he had meant maximum as opposed to minimum. Planner Beals confirmed he meant to say maximum. She then asked for clarification on the electronic signs and the movement. Planner Beals responded that current electronic message centers (EMC) can only change a message every 60 seconds. This is not a proposed change. With the digital billboard option, they will need to mimic the EMC wherein a new message can only be displayed every 60 seconds. Along I-25 the billboard could change every 24 seconds. Chair Schneider asked; What about a sign that is placed in the growth management area (GMA) now that is not in the City limits and would that count against the overall number or what would the overall number be. Planner Beals responded that it would be a non-conforming sign and would not be part of the five (5) new locations. Chair Schneider wanted to know if it made a difference if they were new ones added today in the GMA before that portion was annexed into the City. Planner Beals responded that we do have one in the GMA at this moment. If we had the five locations built out before and the area was annexed, that sign would be non-conforming and put us over the five (5). It would be treated as any other non-conforming use that we annex in. Member Pardee asked for clarification on the 50% and a business that uses the screen process on the entirety of a window. Will this be grandfathered? Planner Beals responded that if it were a legally conforming sign then and is now non-conforming, they could not put it back in. Member Pardee asked if staff will give consideration to the Dark Skies initiative and any type of buffering. Planner Beals responded that we are not seeing the lighting like you do on the static boards, however; conversations have taken place in regard to the Night Sky initiative and will address issues. Member Rollins asked how many billboards are in place currently. Planner Beals responded within the GMA 70-75. The desire is to have these static billboards removed, this will happen as new business moves in. Member Hansen ATTACHMENT 1 11.1 Packet Pg. 80 Attachment: Planning and Zoning Board Minutes June 21, 2018 (7324 : Sign Code Update, Phase 2) Planning & Zoning Board June 21, 2018 Page 8 of 15 made a comment that if one company owned eight (8) signs they would have incentive to trade them out for one new sign. Currently 90% of the billboard in place are owned by the same company. Public Input (3 minutes per person) None noted Staff Response None noted Board Questions / Deliberation Member Hobbs asked if the number of current billboards included HWY 287 before South of its merge with HWY 14, that we have no jurisdiction over. Planner Beals responded that the number includes all signs within the GMA. Member Hobbs asked/commented that even if we are successful in getting people to take down billboard in exchange for electronic ones, can they do that with ones on HWY287 to accomplish this. Planner Beals responded, yes. Member Hansen reiterated a stated goal of improved readability of the code and that there would be more illustrations and wondered of Planner Beals had any examples of what that would look like. Planner Beals responded that the only illustrations were in the presentation. Member Whitley questioned if it was possible that we end up with more than five (5) digital billboards. Planner Beals responded that it is a possibility if the County were to approve a digital board before the property were annexed. Currently there is just one digital billboard. Member Schneider clarified stating that for instance; if someone were to come in and apply for signs along Mulberry (not City) the County could approve and then the project is annexed. Planner Beals responded that it would not count against our five (5). Member Whitley asked for understanding in that we are going to trade eight (8) billboards for one (1) digital sign. Planner Beals responded yes and that it is eight or the greater of 2200 sq. ft. of static. Member Whitley wanted clarification that the proposal is for no more than five (5) digital billboards. Planning Manager Gloss offered a complicating factor that the State issues some of the permits for billboard placement if they are within State highway right-of-way. In Ft. Collins, we have HWY 287. South of Mulberry would be within HWY 287 right-of-way. The County would not be issuing these permits Member Whitley made a motion that the Planning and Zoning Board recommend to Council Phase II of the Sign Code update to Land Use Code as it relates to the creation of a new process and regulations specifically signs in downtown, all signs, projecting signs and window signs, restoration or replacement of historic signs, secondary roof signs, electric messaging centers, conversion of billboards, horizontal and vertical projected light signs. This recommendation is based on the agenda materials, information presented during the work session, this hearing and the Board discussion on this item. Member Carpenter seconded. Attorney Yatabe requested clarification if this is a motion for recommendation of approval. Member Rollins likes everything in this, except, for the digital billboard replacement. She will be voting against the recommendation. Chair Schneider stated he appreciated Planner Beals work, and that he will be supporting the motion. Vote: 6:1. 6. Mason Place, MJA180003 Project Description: This is a request to convert the existing 21,850 square foot building at 3750 S Mason into a 3-story multi-family building with support services (parcel #9735119004). All 60 of the proposed units will be affordable to households earning 30% or less of the Area Median Income (AMI). The redesigned building will be built within the existing CMU walls and the roof will be approximately five feet higher than the current condition to 11.1 Packet Pg. 81 Attachment: Planning and Zoning Board Minutes June 21, 2018 (7324 : Sign Code Update, Phase 2) City of Fort Collins Page 4 June 20, 2018 Ms. Dorn agreed lighter colors would fade but also stated it would be interesting to see something different from the original building. She stated she would like to see more setback of the upper level to reduce its visibility from the street. Chair Dunn stated the Secretary of the Interior guidelines recommend using the same forms, materials, color, range, et cetera; however, materials are not mentioned in the rooftop addition section. Mr. Bello stated the third story on this building should be notably different to allow the historic structure to stand out. Mr. Hogestad stated he likes the idea of a lighter color, adding that a tin or metal graphite-colored material could work as well. He stated the windows in the back are contemporary, but proportional to the historic windows. He asked where the mechanical units will be located. Mr. Kress replied that is planned to be addressed in the ceiling space above the retail. Ms. Gensmer stated it is important the side parapet is preserved and clearly differentiated. She stated it is difficult to mitigate the impact of the third story from the Cozzola’s side as it is a single-story structure. Mr. Murray appreciated the nine-foot setback and stated it is difficult to see from the street. Ms. Dorn stated she is not convinced the third story has been reduced to the maximum extent feasible and it might be helpful to see other perspectives to get a better sense of the visibility of the addition. Mr. Kress asked if shifting the entire third story back would be viewed positively. Chair Dunn replied it would be helpful to see renderings of both options. Mr. Hogestad stated it is not just about visibility but about the relationship between the face of the historic building and the addition. He also suggested modulating the face of the addition. Chair Dunn stated the application is headed in the right direction in terms of the Commission. [**Secretary’s Note: The Commission took a brief recess at this point in the meeting.] 3. SIGN CODE UPDATE: RESTORATION OF HISTORIC SIGNS DESCRIPTION: The purpose of this item is to request a recommendation from the Landmark Preservation Commission to City Council regarding a code change that would revise the process for review of sign permit applications related to historic signs. Staff Report Noah Beals, Senior City Planner, discussed the overall goals of the Sign Code update and stated his presentation will focus on the restoration of historic signs. He discussed the Sign Code and its regulations for various types of signs. He noted the Sign Code standards do not replace the Secretary of the Interior standards and these regulations apply only to the Downtown area. Mr. Beals explained the historic signs applications will be reviewed by the CDNS Director and the Chair of the LPC. Ms. Dorn asked if the term reconstruction could be used in place of the term replica. Mr. Beals replied in the affirmative. Public Input None Commission Questions and Discussion Chair Dunn asked who makes the final decision. Mr. Beals replied it will go to City Council. Mr. Murray asked if restoration and replication have been defined. Ms. Bzdek replied the Commission will need to decide if it wants to introduce the word replication versus restoration. Mr. Hogestad noted replication can occur based on photo documentation. Ms. Dorn stated the Secretary of the Interior standards use the term reconstruction for recreation or replication and suggested the City’s Sign Code use compatible language. ATTACHMENT 2 11.2 Packet Pg. 82 Attachment: Landmark Preservation Commission Minutes June 20, 2018 (7324 : Sign Code Update, Phase 2) Mr. Bello asked if there is a limit to the number of signs that can be reconstructed. Mr. Beals replied the Code does not have a limit written in; however, the decision maker could identify those limits. He also noted the regulations state a comparable design counts toward the sign allowance for the overall building; however, if an historic sign is being restored, it does not count toward the sign allowance. Chair Dunn asked if reconstructed historic signs must be in their original location. Mr. Beals replied that could be part of the decision makers' discussion. Ms. Dorn noted location is addressed in the Secretary of the Interior standards as well. Mr. Hogestad asked why the CONS Director and LPC Chair are the sole decision makers. Mr. Beals replied that is where the staff recommendations begin; however, those individuals can refer .a decision to the full Commission. Mr. Hogestad expressed concern with decisions being made by only two individuals and strongly believes the Commission should be involved in all decisions. He stated he would not support the recommendations as presented. Mr. Yatabe noted this does not substitute for a review of a designated landmark building. The Commission and Mr. Beals discussed aspects of the proposed language. Chair Dunn suggested the title of this section should be "sign allowance for restoration of historic signs". Mr. Beals discussed the Butterfly Cafe sign and how this process could streamline that decision. He attempted to clarify the language. He provided various examples of how these regulations would apply. Ms. Dorn discussed the standards for reconstruction per the Secretary of the Interior guideli'nes. The Commission discussed removing the 20-year period. Chair Dunn suggested just using "period of significance". Chair Dunn stated she would like to see some rewritten language prior to the Commission making a recommendation. She also suggested the creation of a decision flow chart. Ms. Dorn noted she would like to see language changes regarding reconstruction versus conjectural reconstruction, and the removal of the 20-year reference. • OTHER BUSINESS None. • . ADJOURNMENT Chair Dunn adjourned the meeting at 8:08 p.m. Minutes prepared by Tara Lehman, Tripoint Data, and respectfully submitted by Gretchen Schiager. Minutes approved by a vote of the Commission on I~ c2A-"'c_j W "t". Q. 0 l ¥ Meg~ City of Fort Collins Page 5 June 20, 2018 11.2 Packet Pg. 83 Attachment: Landmark Preservation Commission Minutes June 20, 2018 (7324 : Sign Code Update, Phase 2) Economic Advisory Commission REGULAR MEETING 06/20/2018 – MINUTES Page 5 • Sign Code Update— Noah Beals (Listen/Clarify & Discuss/Act) Noah Beals provided an overview and update on the Sign Code, which is currently in Phase 2. In Phase 1 the City was looking at the current code and making it content-neutral. Listening to what other things we could improve. The City has had public meetings, coffee talks, questioners, drafted some proposed changes to that code. Sharing with boards and commissions and asking for recommendations on the proposed changes. Why does the City sign standards? The purpose and intent of the Sign Code is to set out reasonable regulations for the design, location, installation, display, operation, repair, maintenance, and removal of signs in a manner that advances the City’s legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the constitutionally protected right of free speech. There are all different types of signs. Businesses are given certain square footage for different times of signs. The City’s sign compliance inspectors enforce the code. Businesses must have a permit and then the City inspects it to make sure the sign is compliant. The proposed changes to the sign code allow for expansion and flexibility of different configurations of how the square footage of signage can be allotted, while not changing the overall square-footage permitted. Noah Beals walked through each of the proposed changes in detail and highlighted what would be different. Some of these changes are in response to variance requests the City has received. Comments: Aric Light— How did you determine if current square footage is accurate? The City had conversations with owners. Denny Otsuga— Concern that technology moves faster than policy, so for the new technology, is there an opportunity to have a variance for the special event projected sign? ATTACHMENT 3 11.3 Packet Pg. 84 Attachment: Economic Adviosory Commission Minutes June 20, 2018 (7324 : Sign Code Update, Phase 2) Economic Advisory Commission REGULAR MEETING 06/20/2018 – MINUTES Page 6 Connor Barry— What is the reason for wanting to remove the static billboards? Any consideration on where we consider enhanced transit corridors? Noah Beals— It has been City policy to remove them. John Parks— How many billboards are in Fort Collins? Noah Beals— in growth management area, 70 plus. Quite a few on Mulberry, I-25, some on North College, some downtown. There are state laws that you can’t put them up on byways. (Highway Beautification Act). Sam Solt— Seems like you have expanded on some and restricted on others. It seems you hare granting more size increases. Is the code more or less restrictive; it seems it breaks even. Josh Birks—Not changing square footage restrictions, just expanding the shape and where they can be displayed. Denny— I understand there are parts of the code to just maintain, but I would like to see a little more directionality. If the real direction is that the City wants to reduce billboards, then let’s put together a plan to do that. Noah— Most of these billboards are privately owned. They want to stay in business. We have gotten some feedback from billboard companies on what they would like to see. Craig Mueller— It would be helpful to have a purpose statement at the front of the presentation, as to what to purpose of the changes are. Sam Solt— I like Craig’s recommendation. It would seem like it would be easy and interesting to see a summary slide. Josh Birks— Can you generalize feedback you have received especially from business community? Noah Beals— They want to make sure we are not taking away square footage. Next steps: 2 nd Council work session in July. Will go to Council August 21 st . Josh Birks recommended that staff share a slide or additional information for grounding, as a follow-up. Proposed that EAC could act on this topic in July or August and suggested someone create an initial draft memo to be circulated prior to the next meeting. 11.3 Packet Pg. 85 Attachment: Economic Adviosory Commission Minutes June 20, 2018 (7324 : Sign Code Update, Phase 2) Economic Advisory Commission REGULAR MEETING 06/20/2018 – MINUTES Page 7 John Parks volunteered to daft a memo to include EAC’s support of sign code with the recommendation to include a clearly stated purpose and projected economic impact. Memo will be reviewed in July. 8. BOARD MEMBER REPORTS No updates 9. OTHER BUSINESS N/A 10. ADJOURNMENT Time Ended 1:14 p.m. Upcoming Topics: July: ▪ Art in Public Places/ Broadband & Underground Projects Update– Ginny Sawyer (Listen/Clarify and Discus/Act) ▪ KFCG Sunset Update– Ginny Sawyer (Listen/Clarify) August: ▪ Conversation with the Mayor– Mayor Troxell (Discus/Act) ▪ Metro District Policy Update– Josh (Listen/Clarify) September: ▪ Budget Review Update– Josh Birks (Listen/Clarify) ▪ Open (Potentially Code Named Project) Next meeting time and location: July 18, 2018, 11:00am–1:00 pm, Colorado River Room 11.3 Packet Pg. 86 Attachment: Economic Adviosory Commission Minutes June 20, 2018 (7324 : Sign Code Update, Phase 2) -1- ORDINANCE NO. 141, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 3.8.7 AND 5.1.2 OF THE LAND USE CODE SIGN REGULATIONS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code; and WHEREAS, the Land Use Code contains regulations regarding signs within the City; and WHEREAS, the 2015 United States Supreme Court case Reed v. Town of Gilbert and subsequent lower court decisions applying Reed v. Town of Gilbert prompted a review of the City’s sign regulations with regards to the issues of content and viewpoint neutrality; and WHEREAS, the changes to the City’s sign code contained in this Ordinance comply with Reed v. Town of Gilbert and related cases; and WHEREAS, the City has legitimate, important, substantial, or compelling interests in: 1. Preventing the proliferation of signs that tends to result from property owners competing for the attention of passing motorists and pedestrians (also known as “sign clutter”), because of sign clutter: a. Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians; b. May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards; c. Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and d. Dilutes or obscures messages on individual signs due to the increasing intensity of competition for attention. 2. Protecting the health of its tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region and may be adversely impacted by sign clutter; and 3. Maintaining a high quality aesthetic environment to protect and enhance property values and the public investment in streets, sidewalks, trails, plazas, parks, and landscaping, and to enhance community pride; and WHEREAS, the Council finds that: Packet Pg. 87 -2- 1. The regulations set out in this Ordinance are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers; 2. Any incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this Ordinance is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced herein; 3. Regulation of the location, number, materials, height, sign area, form, and duration of display of signs is essential to preventing sign clutter, protecting the environmental and economic health of the City; and 4. Signs may be degraded, damaged, moved, or destroyed by causes including wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City if they are not removed; and WHEREAS, the purpose and intent of this Ordinance is to establish reasonable regulations for the design, location, installation, maintenance, and removal of signs in a manner that advances the City’s legitimate, important, substantial, and compelling interests, while simultaneously safeguarding constitutionally protected free speech; and WHEREAS, the City Council has determined that the Land Use Code sign regulations contained in this Ordinance will promote the objectives and public purposes described above and 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 3.8.7 of the Land Use Code is hereby repealed in its entirety and reenacted to read as follows: 3.8.7 - Signs 3.8.7.1 - Generally (A) Title; Purpose and Intent. (1) Title. Sections 3.8.7.1, 3.8.7.2, 3.8.7.3, 3.8.7.4, 3.8.7.5. and 3.8.7.6 may be collectively referred to as the “City of Fort Collins Sign Code,” or the “Sign Code”. Definitions related to the Sign Code are set out in § 5.1.2, Definitions. Packet Pg. 88 -3- (2) Purpose and Intent. The purpose and intent of the Sign Code is to set out reasonable regulations for the design, location, installation, display, operation, repair, maintenance, and removal of signs in a manner that advances the City’s legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the constitutionally protected right of free speech. (B) Interests. The City has a legitimate, important, substantial, or compelling interest in: (1) Preventing the proliferation of signs of generally increasing size, dimensions, and visual intrusiveness (also known as “sign clutter”) that tends to result from property owners competing for the attention of passing motorists and pedestrians, because sign clutter: (a) Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians; (b) May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards; (c) Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and (d) Dilutes or obscures messages on individual signs due to the increasing competition for attention. (2) Maintaining and enhancing the historic character of historic Downtown Fort Collins, a unique historic resource of exceptional quality and vibrancy. (3) Protecting the health of the City’s tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region. (4) Maintaining a high quality aesthetic environment to protect and enhance property values, leverage public investments in streets, sidewalks, trails, plazas, parks, open space, civic buildings, and landscaping, and enhance community pride. (5) Protecting minors from speech that is harmful to them according to state or federal law, by preventing such speech in places that are accessible to and used by minors. (C) Findings. The City finds that: (1) Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the Packet Pg. 89 -4- important, substantial, and compelling interests set out in § 3.8.7.1(B) and the constitutionally-protected right to free expression. (2) The regulations set out in the Sign Code are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers. (3) The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to the Sign Code is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are set out in § 3.8.7.1(B). (4) Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary signs is essential to prevent sign clutter. (5) Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City’s streets if they are not removed. (6) Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community. (D) Applicability, exemptions, and permit exceptions. (1) Applicability. The provisions of the Sign Code shall apply to the display, construction, installation, erection, alteration, use, location, maintenance, and removal of all signs within the City that are not specifically exempt from such application. (2) Sign Permits. (a) No sign shall be displayed, constructed, installed, erected, refaced, or altered within the City limits until the City has issued a sign permit, unless the sign qualifies as an exception to the permit requirements. (b) No permit is required for routine sign maintenance, painting, or replacing light sources with lighting of comparable intensity (however, the installation of a new manual changeable copy message center or electronic message center does require a permit). (3) Sign Regulation Exemptions. The Sign Code does not apply to: (a) Signs of any type that are installed or posted (or required to be installed or posted) by the Federal government, the State of Colorado, Larimer Packet Pg. 90 -5- County, the City, or a School District (collectively, “Governmental Entities”), on property owned or controlled by a Governmental Entity. (b) Required signs, posted in accordance with applicable law or regulations. (4) Sign Regulation Partial Exemptions. The following signs are subject only to subsections (E) through (L) of this Section 3.8.7.1, inclusive, and shall not require a sign permit: (a) Signs that are not visible from any of the following areas due to the configuration of the building(s) or structure(s) or the topography of the site upon which the signs are located: 1. Residential lots; 2. Adjoining property that is not under common ownership; 3. Public rights-of-way; or 4. Property that is located at a higher elevation than the property upon which the sign is displayed. (b) Signs that are not legible from adjoining property or rights-of-way due to the configuration of the building(s) or structure(s) or the topography of the site upon which the signs are located or the orientation or setback or typeface of the sign, provided that: 1. One (1) such sign may have a sign area that is not more than thirty- five (35) square feet, and if a sign area allowance applies to the site, fifty (50) percent of the sign area of the sign is counted towards the sign area allowance; 2. Other such signs may have a sign area that is not more than eight (8) square feet, and are not counted towards any applicable sign area allowance. (c) Horizontal projected light signs that are projected onto private property, provided that they are not projected onto required signs. (5) Sign Permit Exceptions. The following signs may be displayed, constructed, installed, erected, or altered without a sign permit, but are not exempt from other applicable provisions of § 3.8.7.2 or § 3.8.7.3: (a) One (1) optional residential sign per street-facing building elevation of a residential building not exceeding four (4) square feet in area; Packet Pg. 91 -6- (b) Flags that are hung from not more than three (3) rigid, straight, building- mounted or ground-mounted flagpoles per one hundred (100) feet of property frontage or fraction thereof, provided that: 1. No more than three (3) flags are flown from any one (1) flagpole; 2. No flag obstructs pedestrian, bicycle, or vehicular traffic, or a required sight triangle; and 3. No flag exceeds thirty-two (32) square feet in area; (c) Small signs, as follows: 1. Signs that are affixed to a building or structure, that do not exceed two (2) square feet in sign area, provided that only one (1) such sign is present on each elevation that is visible from public rights- of-way or adjoining property; and 2. Signs that are less than one (1) square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets; (d) Temporary seasonal decorations; (e) Temporary signs (except feather flags and attached or detached temporary banners and pennants, all of which require a sign permit); and (f) Window signs that are less than six (6) square feet in area, provided that: 1. The total area covered by window signs: a. Does not exceed twenty-five (25) percent of the area of the architecturally distinct window in which they are located; and b. Does not exceed twenty-five (25) percent of the sign allowance described in § 3.8.7.2(A); and 2. The window signs are not illuminated. (E) Relationship to Other Regulations. (1) In addition to the regulations set out in the Sign Code, signs may also be subject to applicable State laws and regulations (e.g., State of Colorado, Department of Highways, “Rules and Regulations Pertaining to Outdoor Advertising,” effective Packet Pg. 92 -7- January 1, 1984, as may be amended from time to time), Federal laws and regulations, and applicable adopted building and electrical codes. Exceptions to the sign permit requirement do not constitute exemptions to other applicable codes or permit requirements. (2) Where any provision of the Sign Code covers the same subject matter as other regulations of the City, the more specific regulation shall control the more general one, unless the City determines that the more restrictive regulation is clearly unenforceable as a matter of law. (3) Where any provision of the Sign Code covers the same subject matter as other regulations of the State of Colorado or the United States, the applicant is advised that nothing in this Chapter shall be construed as a defense to a violation of applicable state or federal law except as may be provided in the state or federal law. (4) All signs within the Old Town Historic District within the Downtown District must comply with the Old Town Historic District Design Standards except that the Old Town Historic District Design Standards shall not be interpreted to limit the content of the sign. (5) The Downtown District shall be defined by the boundary exhibited in the 2017 Fort Collins Downtown Plan. (F) Measurements. (1) Property Frontage. Property frontage is measured as the length of each property boundary that abuts a public street right-of-way. (2) Sign Area. (a) Generally. In general, sign area is the area within a continuous polygon with up to eight (8) straight sides that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign’s contents from the background against which they are placed. (b) Additions. The area of all freestanding and ground signs shall include the area of the sign face(s) as calculated in subsection (F)(2)(a), together with any portion of the sign structure which exceeds one and one-half (1½) times the area of the sign face(s). (c) Exclusions. The sign area does not include the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but does include any open space contained within the outer limits of the display face, or between any component, panel, strip, or Packet Pg. 93 -8- figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not. Figure (F)(2)(c) Sign Area Measurement (d) Multiple Sign Faces. Freestanding temporary signs may have multiple faces. The area of such signs is measured using the vertical cross-section that represents the sign’s maximum projection upon a vertical plane (e.g., for a sign with two (2) opposite faces on the same plane, the total cumulative area of both faces is used for area calculation). Figure (F)(2)(d) Multiple Sign Faces (e) Three-Dimensional Sign Faces. The area of signs that do not have a flat sign face is measured using the vertical cross-section that represents the sign’s maximum projection upon a vertical plane. Packet Pg. 94 -9- Figure (F)(2)(e) Three-Dimensional Sign Faces (3) Sign Clearance. Sign clearance is the distance between the bottom of a sign or related structural element that is not affixed to the ground and the nearest point on the ground-level surface under it. Figure (F)(3) Sign Clearance (4) Sign Height. Sign height is measured as: (a) For ground-mounted signs: Packet Pg. 95 -10- 1. The distance between ground level at the base of the sign and the top of the sign or sign structure, whichever is higher; or 2. If the average grade under the base of the sign is more than two (2) feet lower than the average grade of the nearest adjoining street, then the height of the detached sign shall be measured from the elevation of the flowline of the street to the top of the sign or sign structure. Figure (F)(4)(a) Sign Height (Ground-Mounted Signs) (b) For building-mounted signs, the greatest distance between the lowest part of the sign or sign structure and the highest part of the sign or sign structure. Packet Pg. 96 -11- Figure (F)(4)(b) Sign Height (Building-Mounted Signs) (5) Projection. Projection is the horizontal distance between a building wall or fascia to which a sign is mounted and the part of the sign or sign structure that is most distant from the wall or fascia, Measured perpendicular to the vertical plane of the wall or fascia. Figure (F)(5) Projection Packet Pg. 97 -12- (6) Setbacks Sign setbacks are measured perpendicularly from the property line that defines the required setback to the nearest point on the sign or sign structure. (G) Prohibited signs and sign elements. (1) Generally. The prohibitions in this subsection (G) apply to temporary and permanent signs in all areas of the City. (2) Prohibited Signs. The following signs are not allowed, whether temporary or permanent: (a) Temporary signs, except as specifically permitted in § 3.8.7.3, Temporary Signs; (b) Portable signs, except as permitted in the Code of the City of Fort Collins Chapter 24, Article IV; (c) Wind-driven signs except flags, feather flags, banners, and pennants in compliance with this § 3.8.7.3; (d) Inflatable signs, and signs that are designed to appear as inflatable signs (e.g., plastic balloons); (e) Revolving or rotating signs; (f) Permanent off-premises signs, except as provided in § 3.8.7.6; (g) Billboards; and (h) Abandoned signs. (3) Prohibited Design Elements. The following elements shall not be incorporated as an element of any sign or sign structure, whether temporary or permanent: (a) Animated or moving parts, including any moving, swinging, rotating, or spinning parts or flashing, blinking, scintillating, chasing, fluctuating, or otherwise animated light; except as expressly allowed in this Sign Code; (b) Cardboard, card stock, or paper, except when laminated or used as a window sign located on the interior side of the window; (c) Motor vehicles, unless: 1. The vehicles are operational, and either: a. Automobile dealer inventory; or Packet Pg. 98 -13- b. Regularly used as motor vehicles, with current registration and tags; 2. The display of signage on the motor vehicle would not interfere with the immediate operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk are not allowed; signs that cover windows are not allowed; and signs that would fall off of the vehicle if the vehicle were in motion are not allowed); and 3. The motor vehicle is legally parked in a vehicle use area depicted on an approved site plan. (d) Semi-trailers, shipping containers, or portable storage units, unless: 1. The trailers, containers, or portable storage units are: a. Structurally sound and capable of being transported, b. Used for their primary purpose (e.g., storage, pick-up, or delivery); and c. If subject to registration, have current registration and tags; and 2. The display of signage is incidental to the primary purpose; and 3. The semi-trailer, shipping container, or portable storage unit is parked or placed in a designated loading area or on a construction site in an area that is designated on an approved construction staging plan. Exception: This standard does not apply to shipping containers that are used as building cores. (e) Stacked products (e.g., tires, soft drink cases, bagged soil or mulch) that are placed in unapproved outdoor storage locations; (f) Materials with a high degree of specular reflectivity, such as polished metal, installed in a manner that creates substantial glare from headlights, street lights, or sunlight. Exception: This standard does not prohibit retroreflective materials that comply with the standards set forth in the Manual on Uniform Traffic Control Devices. Packet Pg. 99 -14- (g) Rooftop signs and all other types of signs that project above the roof deck, except that signs are allowed on parapet walls if the parapet wall was constructed as a part of the building and the parapet wall includes a sign band within which the sign is installed. Exception: Secondary Roof signs as provided in subsection 3.8.7.2(F). (4) Prohibited Obstructions. In no event shall a sign, whether temporary or permanent, obstruct the use of: (a) Building ingress or egress, including doors, egress windows, and fire escapes; (b) Operable windows (with regard to movement, not transparency); or (c) Equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and meters). (5) Prohibited Mounts. No sign, whether temporary or permanent, shall be posted, installed, mounted on, fastened, or affixed to any of the following: (a) Any tree or shrub; (b) Any utility pole or light pole, unless: 1. The sign is a banner or flag that is not more than ten (10) square feet in area; 2. The owner of the utility pole or light pole consents to its use for the display of the banner or flag; 3. The banner or flag is mounted on brackets or a pole that extends not more than thirty (30) inches from the utility pole or light pole; 4. The banner or flag is either situated above an area that is not used by pedestrians or vehicles, or the bottom of the banner or flag has a sign clearance of at least eight (8) feet; and 5. Any applicable City encroachment or banner permits are obtained; or (c) Utility cabinets. (H) Prohibited Locations. In addition to applicable setback requirements and other restrictions of this Sign Code, no sign shall be located in any of the following locations: Packet Pg. 100 -15- (1) In or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, trails, multi-use pathways, retaining walls, utility poles, traffic calming devices, medians, and center islands that are within public rights- of-way), except: (a) Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the shelter or bench, but not extending beyond the physical structure of the shelter or bench; (b) Signs that are the subject of a revocable license agreement with the City, installed and maintained in accordance with the terms of that agreement; (c) Portable signs permitted pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV; or (d) Signs posted by the City or jurisdiction that owns or maintains the right- of-way; or (2) Within any sight distance triangle, as provided in subsection (I), below. (I) Illumination. The illumination of signs, where permitted, shall comply with the standards of this subsection (I) and Land Use Code § 3.2.4, Site Lighting. (1) Generally. (a) In general, attached illuminated signs shall be turned off by 11:00 PM if they located within three hundred (300) feet of property that is zoned, used, or approved for residential use. However, signs may be illuminated in Downtown, Commercial/Industrial, and Mixed-Use sign districts after 11:00 PM if: 1. The operating hours of the use to which the sign relates extend past 10:30 PM, in which case the sign shall be turned off not more than thirty (30) minutes after the end of operating hours each day; and the sign is dimmed by at least thirty (30) percent between midnight and 6:00 AM; or 2. The lighting that illuminates the sign is used primarily for the protection of the premises or for safety purposes, or 3. The sign is separated from residential uses by an arterial street. (b) Illuminated signs shall avoid the concentration of illumination. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or nuisance to adjoining property. Packet Pg. 101 -16- (c) No sign or associated luminaire shall create light spillover of more than one (1) lux at any property line that is zoned or used for single-family detached, duplex, or townhome purposes. (d) Every electric sign shall have affixed thereon an approved Underwriters' Laboratories label, and all wiring connected to such sign shall comply with all provisions of the National Electrical Code, as adopted by the City. (e) Electrical service to freestanding signs shall be installed underground. Electrical service to attached signs shall be provided from the building and concealed from view. (2) Internal Illumination. (a) No internal sign lighting shall include any exposed light source, except that neon or comparable tube lighting is permitted in locations where internal sign illumination is allowed. (b) During the time between sunset and the time an illuminated sign must be turned off pursuant to subsection (I)(1)(a), above, internally lit signs (including electronic message centers) shall not exceed six hundred (600) nits of luminance. (3) Indirect Lighting. (a) All signs that use indirect lighting shall have their lighting directed in such a manner as to illuminate only the face of the sign, and not to create glare or sky glow. (b) When indirect lighting is used to illuminate detached signs, the light source must be concealed from view from on and off-site vehicular and pedestrian use areas and from within existing buildings. (c) Indirect lighting of signs shall not exceed the following illuminance: 1. Commercial/Industrial and Mixed-Use Sign Districts: six hundred (600) lux 2. Downtown Sign District: five hundred (500) lux 3. All Other Sign Districts: four hundred (400) lux (4) Off-Premises Signage. No new illumination may be added to existing off- premises signage. Packet Pg. 102 -17- (J) Message Centers. (1) Manual Copy Message Centers. (a) Design. 1. Manual changeable copy message centers shall appear integrated into the sign face of a permanent sign that also includes text and graphics that are not part of the manual changeable copy message center. 2. No manual changeable copy message center may be constructed using face or screen materials such as expanded metal or other types of mesh; any type of corrugated plastic such as Filon, V3, or Styrene; or other types of materials that are commonly used for “portable” or “homemade” signs. (b) Dimensions. No manual changeable copy message center shall occupy more than eighty (80) percent of the sign area of a sign. (c) Operation and Maintenance. 1. No changeable copy sign or portion of a sign may have changeable copy that is nailed, pinned, glued, taped, or comparably attached. 2. If any part of the changeable copy portion of a sign or the track type system or other method of attachment is absent from the sign, or deteriorates so that it is no longer consistent with the style or materials used in the permanent portion of the sign, or is altered in such a way that it no longer conforms to the approved plans and specifications, the sign shall be removed or repaired within fourteen (14) days. (2) Electronic Message Centers. Digital electronic message centers (“EMCs”) may be incorporated into signs as provided in this subsection. (a) Number, Design, Dimensions. 1. Not more than one (1) sign with an EMC component is allowed per street frontage. 2. EMCs shall appear to be incorporated into the face of a permanent sign that includes text or graphics that are not part of the EMC. 3. EMCs shall not have a pixel pitch that is greater than twelve (12) mm. Packet Pg. 103 -18- 4. EMCs shall be integrated harmoniously into the design of the sign face and structure, shall not be the predominant element of the sign, and if located at the top of a sign, the sign must include a substantial cap feature above the EMC, which consists of the same material, form, color, and texture as is found on the sign face or structure. 5. Not more than fifty (50) percent of the sign area of a permitted sign may be occupied by EMCs. (b) Spacing, Prohibitions. 1. Signs with EMC components shall be separated from each other and from property used or if the property is vacant but zoned for residential purposes (except multi-family buildings with more than four [4] units) by a distance of not less than one hundred (100) feet, measured in a straight line. 2. EMCs are not allowed on a freestanding pole sign except as provided in Section 3.8.7.6. 3. In the Downtown (D) District, wall signs with electronic message centers are not permitted on properties located within the boundaries of the Portable Sign Placement Area Map, See Sec. 24-150, et seq., Fort Collins City Code. (c) Operations. 1. The message displayed on an EMC shall not change more frequently than once per sixty (60) seconds unless the EMC is subject to Section 3.8.7.6(F). If a single sign includes multiple EMCs, they shall be considered a single EMC for the purposes of this standard. 2. EMCs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed. 3. EMCs shall be controlled by dimming software and sensors to adjust brightness for nighttime viewing and variations in ambient light. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare. (d) Certification. Prior to acceptance of the installation by the City, the permit holder shall schedule an inspection with a Zoning Inspector to verify compliance. The Packet Pg. 104 -19- permit holder and the business owner, business manager or property manager shall be in attendance during the inspection. (K) Sight Distance Triangles. Signs that obstruct view within an area between forty-two (42) inches and seventy-two (72) inches above the flowline of the adjacent street shall be set back from the right-of-way line a distance as established in Table (K), Sight Distance Triangles. Table (K) Sight Distance Triangles1 Type of street Y distances (ft.)2 X distances (ft.) Safe sight distance (ft.) Arterial Right: 135 15 500 Left: 270 Collector Right: 120 15 400 Left: 220 Local Right: 100 15 300 Left: 150 Table Notes: 1 These distances are typical sight distance triangles to be used under normal conditions and may be modified by the Director of Engineering in order to protect the public safety and welfare in the event that exceptional site conditions necessitate such modification. 2 See Figure (K) for illustration. Figure (K) Sight Distance Triangle Setbacks (L) Content. Except as provided in this subsection (L), no sign shall be approved or disapproved based on the content or message it displays. (1) Prohibition on Certain Types of Unprotected Speech. The following content, without reference to the viewpoint of the individual speaker, shall not be displayed on signs: (a) Text or graphics that is harmful to minors as defined by state or federal law; Packet Pg. 105 -20- (b) Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law; (c) Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs; or (d) Signs that provide false information related to public safety (e.g., signs that use the words “Stop,” “Yield,” “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters that are presented in a manner as to confuse motorists or imply a safety hazard that does not exist). (2) Severability. The narrow classifications of content that are prohibited from display on signs by this subsection (L) are either not protected by the United States and Colorado Constitutions, or are offered limited protection that is outweighed by the substantial and compelling governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each provision of this subsection (L) be individually severable in the event that a court holds one or more of them to be inconsistent with the United States Constitution or Colorado Constitution. (M) Sign Districts. (1) Generally. In recognition that the City is a place of diverse physical character, and that different areas of the City have different functional characteristics, signs shall be regulated based on sign district in which they are located. (2) Sign Districts Created. The following sign districts are created: Downtown, Commercial/Industrial, Multifamily, Single-Family, and Residential Neighborhood. Sign districts shall correspond to zoning districts as provided in Table (M), Sign Districts. Table (M) Sign Districts Sign District Corresponding Zoning Districts Downtown D; R-D-R Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I Mixed-Use L-M-N; M-M-N; H-M-N; N-C Multifamily N-C-M; N-C-B Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C Residential Neighborhood Sign District See map on file at City Clerk’s office. To the extent of any geographic overlap with other sign districts, the Residential Neighborhood Sign District supersedes the overlapped sign district. 3.8.7.2 - Permanent Signs Packet Pg. 106 -21- (A) Sign Area Allowance. (1) Generally. The sign area allowance limits the total amount of sign area that may be allocated to certain types of signs (listed in Tables (B) to (F)) on a site based on the location and use of the site. Sign area allowance is calculated as set out in Table (A), Sign Area Allowance. Table (A) Sign Area Allowance Location / Use Calculation For 1st 200 lf. of bldg. frontage + For each lf. of bldg. frontage in excess of 200 lf. = But not less than Generally All Sign Districts1 2 sf. / lf. + 1 sf. / lf. = 1 sf. / lf. of lot frontage TABLE NOTES: 1 Sign allowance is calculated per building frontage and may only be applied to the frontage to which the calculations apply. No more than 3 building frontages shall be used for the purposes of the sign allowance calculations. (2) Sites without Frontage on Public Streets. If a building does not have frontage on a dedicated public street, the owner of the building may designate the one building frontage for the purpose of calculating the sign area allowance. (3) Allocation of Sign Area Allowance. (a) If the only building frontage that fronts on a public street is a wall containing no signs, the property owner may designate another building frontage on the building on the basis of which the total sign allowance shall be calculated, provided that no more than twenty-five (25) percent of the total sign allowance permitted under this Sign Code may be placed on frontage other than the building fascia which was the basis for the sign allowance calculation. (b) In all other cases, the sign allowance for a property may be distributed in any manner among its building and/or street frontages except that no one building, or street frontage may contain more sign area than one hundred (100) percent of the sign area allowance. Packet Pg. 107 -22- Figure (A), Sign Types (B) Wall Signs. Wall signs are allowed according to the standards in Table (B), Wall Signs. Table (B) Wall Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Sign Downtown District1 Commercial/ Industrial Mixed-Use Multifamily Single-Family Applied or Painted Wall Signs Max. # Not limited Not limited 1 per single- family dwelling unit or duplex building that fronts on an arterial; or 1 per nonresidenti al use 1 per single- family dwelling unit or duplex building that fronts on an arterial; or 1 per nonresidential use 1 per single- family dwelling unit or duplex building that fronts on an arterial; or 1 per nonresidential use 1 per single-family dwelling unit or duplex building that fronts on an arterial; not limited for nonresidential uses Subject to Sign Area Allowance Yes Yes Nonresidenti al uses only Nonresidentia l uses only Nonresidentia l uses only Yes -23- Table (B) Wall Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Sign Downtown District1 Commercial/ Industrial Mixed-Use Multifamily Single-Family Max. Sign Height 4.5 ft. if within 15 ft. of elevation of sidewalk below; 7 ft. if above 15 ft. of elevation of sidewalk below but any portion below fourth story; 9 ft. if entirely above fourth story. 7 ft. 7 ft. 7 ft. 7 ft. 2.5 ft. within Neighborhood Service Center or Neighborhood Commercial Uses; 2 ft. within Convenience Shopping Center use; and 1.5 ft. for all other Institutional, Business, Commercial, or other Nonresidential uses Max. Sign Width N/A N/A N/A N/A N/A Tenant space 45,000 sf. or less: lesser of 40 ft. or 75% of width of tenant space; Tenant space is larger than 45,000 sf.: 55 ft. Allowed Lighting Indirect only Indirect only Indirect only Indirect only None Indirect only Other Standards For flush wall signs consisting of framed banners, all banners shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame. For flush wall signs consisting of framed banners, all banners shall be sized to fit the banner frame so -24- Applied or Painted Wall Signs – Vertically Oriented Max. # 1 per building 1 per building 1 per building 1 per building 1 per building 1 per single-family dwelling unit or duplex building that fronts on an arterial; 1 per building for nonresidential uses Subject to Sign Area Allowance Yes Yes Nonresidential uses only Nonresidential uses only Nonresidential uses only Yes Max. Sign Area Limited by sign area allowance Limited by sign area allowance Single-family or duplex building: 4 sf. Nonresidential use: 35 sf. Single-family or duplex building: 4 sf. Nonresidential use: 35 sf. Single-family or duplex building: 4 sf. Nonresidential use: 35 sf. Limited by sign area allowance, except if tenant space does not have outside wall, in which case 30 sf. Max. Sign Height 10’ if within 15’ if elevation of sidewalk below; 25 ft. if above 15’ of elevation of sidewalk below 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Max. Sign Width 2 ft. 2 ft. 2 ft. 2 ft. 2 ft. 2 ft. Allowed -25- Max. Sign Height 4.5 ft. if within 15 ft. of elevation of sidewalk below; 7 ft. if above 15 ft. of elevation of sidewalk below but any portion below fourth story; 9 ft. if entirely above fourth story. 7 ft. 7 ft. 7 ft. 7 ft. 2.5 ft. within Neighborhood Service Center or Neighborhood Commercial Uses; 2 ft. within Convenience Shopping Center use; and 1.5 ft. for all other Institutional, Business, Commercial, or other Nonresidential uses Max. Projection 1 ft. 1 ft. 1 ft. 1 ft. 1 ft. 1 ft. Allowed Lighting Any Any Any None None Internal only Other Standards Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters -26- Table (C) Window Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District Other Standards Window signs that are not exempt from sign permits are counted towards sign area allowance. See subsection (A), above, and § 3.8.7.1(D)(5)(g) Window signs that are not exempt from sign permits are counted towards sign area allowance. See subsection (A), above, and § 3.8.7.1(D)(5)(g) Window signs that are not exempt from sign permits are counted towards sign area allowance. See subsection (A), above, and § 3.8.7.1(D)(5)(g) Not allowed above the first story of nonresidential buildings Not allowed above the first story of nonresidential buildings Not allowed above the first story of nonresidential buildings (D) Projecting Signs. Projecting signs include awning signs, marquee signs, under-canopy signs, and fin signs. Projecting signs are allowed according to the standards in Table (D), Projecting Signs. Projecting signs shall not extend into the public right-of-way, except that the City may grant a revocable license to allow projecting signs to encroach into the right-of-way. Table (D) -27- Table (D) Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Allowed Lighting Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque For nonresidential uses only; Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Indirect; or backlighting of letters and graphics is allowed if background is completely opaque Other Standards Not allowed above -28- Table (D) Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Other Standards Under-canopy sign shall not project above top of canopy to which it is mounted; painted or applied wall sign standards apply if parallel to building facade; secondary fin sign standards apply if perpendicular to building façade; not allowed if secondary fin sign is present at same entrance Under-canopy sign shall not project above top of canopy to which it is mounted; painted or applied wall sign standards apply if parallel to building facade; secondary fin sign standards apply if perpendicular to building façade; not allowed if secondary fin sign is present at same entrance Under-canopy sign shall not project above top of canopy to which it is mounted; painted or applied wall sign standards apply if parallel to building facade; secondary fin sign standards apply if perpendicular to building façade; not allowed if -29- Table (D) Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Other Standards City may authorize up to 48 in. encroachment into right-of-way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of- way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of-way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of-way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. City may authorize up to 48 in. encroachment into right-of- -30- Other Standards Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under- canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance Must be located above entrance, within 3 ft. of top of door; not allowed if under-canopy sign is present at same entrance (E) Canopy Signs. Canopy signs are allowed according to the standards in Table (E), Canopy Signs. Table (E) Canopy Signs Type of Sign Standards Sign District -31- Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District Max. # 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property 1 per building, for nonresidential or mixed-use property Subject to Sign Area Allowance Yes Yes Yes Yes Yes Yes Max. Sign Area (per sign) Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Max. Sign Height 1st or 2nd story secondary roof: 3 ft 1st or 2nd story secondary roof: 3 ft.; 1st or 2nd story secondary roof: 3 -32- (G) Freestanding Permanent Signs. Detached permanent signs are allowed according to the standards in Table (G)(1), Freestanding Permanent Signs. Table (G)(1) Freestanding Permanent Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Downtown Neighborhood Commercial / Industrial Mixed-Use Multifamily Single-Family Primary Detached Signs Max. # 1 per frontage1 1 per frontage1 1 per frontage for nonresidential, mixed- use, or multifamily property1 1 per site for nonresidential, mixed-use, or multifamily uses1; 1 per site for single-family detached or duplex if the lot fronts on an arterial; 2 per public vehicular entry into residential subdivision or multifamily site (one single face sign on each side of entry) 1 per site for nonresidential, mixed-use, or multifamily uses1; 1 per site for single-family detached or duplex if the lot fronts on an arterial; 2 per public vehicular entry into residential subdivision or multifamily site (one single face sign on each side of entry) 1 per site for nonresidential, mixed-use, or multifamily uses1; 2 per public -33- Table (G)(1) Freestanding Permanent Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Downtown Neighborhood Commercial / Industrial Mixed-Use Multifamily Single-Family Other Standards Location may be established by approved development plan; Structure shall match primary finish and colors of associated buildings; Pole style signs shall contain no more than thirty (30) percent (or forty [40] percent if located within the site distance triangle) of free air space between the top of the sign and the ground, vertically and between the extreme horizontal limits of the sign extended perpendicular to the ground. A base or pole cover provided to satisfy this requirement shall be integrally designed as part of the sign by use of such techniques as color, material and texture. Freestanding signs that existed prior to December 30, 2011, and that do not comply with this requirement shall be removed or brought into compliance by December 31, 2019, provided that such signs otherwise comply with § 3.8.7.4, Nonconforming Signs. structure shall match primary finish and colors of associated buildings; must be monument style Secondary Detached Signs Max. # 1 per vehicular access point to nonresidential, mixed-use, or multifamily property 1 per vehicular access point to nonresidential, mixed-use, or multifamily property 1 per vehicular access point to nonresidential, mixed- use, or multifamily property 1 per vehicular access point to nonresidential, mixed-use, or multifamily property 1 per vehicular access point to nonresidential, mixed-use, or multifamily property -34- Table (G)(1) Freestanding Permanent Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Downtown Neighborhood Commercial / Industrial Mixed-Use Multifamily Single-Family Setbacks and Spacing 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. 2ft from the right of way; if the sign faces out to the right- of-way 10 ft. 2ft from the right of way; if the sign faces out to the right-of-way 10 ft. Max. Cabinets or Modules per Sign Face 1 1 1 1 1 1 Other Standards Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is -35- expanded to include the following zoning districts: D, R-D-R, C-C-R, C- G, and N-C, and all pedestrian-oriented shopping streets within the C-C and H-C zoning districts. (b) All horizontal projected light signs require a permit. (c) The projected image of a horizontal projected light sign: 1. Shall be entirely within ten (10) feet of a building entrance; 2. Shall not exceed six (6) square feet in area; 3. Shall be projected onto a sidewalk or landscaped area; 4. Shall not project onto safety or traffic signage (e.g., crosswalk markings, bicycle dismount signs, etc.); and 5. Shall comply with all applicable lighting standards. (d) The projector shall be concealed from view and either: 1. Located entirely on private property; or 2. Hung under an awning, canopy, eave, or arcade that is allowed to encroach over the right-of-way by way of a revocable license. (e) A Horizontal projected light sign shall not be displayed on the public sidewalk at the same time as a sidewalk sign. (2) Vertical Projected Light Signs. Vertical projected light signs are not allowed as permanent signs. See Section 3.8.7.3 for the temporary use of vertical projected light signs. (3) Operation. All projected light signs shall contain static messages only. Animated, dissolve, or fade transitions are not allowed. (I) Restoration or Reconstruction of Historic Signs. The provisions of this subsection apply to buildings in the Downtown sign district that are fifty (50) years or older, whether or not they are formally recognized as historic at the local, state, or national level, or whether they are located within a designated historic district. (1) A sign on a designated property, or a property determined to be eligible for designation on the National Register of Historic Places, the State Register of Historic Properties, or as a Fort Collins Landmark, that may not otherwise comply with the strict provisions of this Sign Code and has been approved by the Landmark Preservation Commission through a review of Chapter 14 of the City Packet Pg. 121 -36- Code shall be permitted and shall not be counted in sign area allowance for the property. (2) A sign on a property which is not designated or individually eligible for designation on the National Register of Historic Places, the State Register of Historic Properties, or as a Fort Collins Landmark, that may not otherwise comply with the strict provisions of this Sign Code and is inspired by a historic sign on the property and does not require a review through Chapter 14 of the City Code by the Landmark Preservation Commission shall be reviewed by the Director. In approving such signs, the Director shall not condition approval on changes in content and must find the following: (a) The sign is not detrimental to the public good; (b) The size and location of the sign are comparable to a historic sign of the property and the deviation from the provisions of this Sign Code are nominal and inconsequential with the context of the neighborhood; (c) The sign is comparable to the quality, character and design of a historic sign of the property; (e) The sign shall not degrade the historic character of the neighborhood or convey a false sense of history. The Director may deny any sign application that does not meet all the standards of this section. All signs approved through Section 3.8.7.2(I) shall count towards the sign area allowance for the property. 3.8.7.3 - Temporary Signs (A) Applicability. The regulations contained in this § 3.8.7.3 apply to temporary signs. The standards of this Section are applied in conjunction with all other applicable standards (e.g., the standards set out in § 3.8.7.1). (B) Standards for Attached Temporary Signs. (1) Generally. The standards of this subsection apply to temporary signs that are attached to buildings. Temporary signs that are not attached to buildings are subject to the standards of subsection (C), below. Duration of display is limited by subsection (D). (2) Attached Temporary Banners and Pennants. Attached temporary banners and pennants may only be displayed provided a permit is obtained pursuant to § 3.8.7.4(B)(2). Packet Pg. 122 -37- (3) Temporary Sign Covers. Temporary sign covers are permitted in all sign districts, provided that they are used during a period not to exceed forty (40) days in which a new permanent sign or sign component is being fabricated and such sign or sign component is permitted and installed in accordance with this Sign Code. (4) Temporary Window Signs. (a) Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the standards of § 3.8.7.2(C) are met as to the combination of temporary and permanent window signs. (b) Temporary window signs shall be affixed to the window such that the fastener (e.g., tape) is not highly visible, or shall be mounted vertically inside of the building for viewing through the window. (C) Standards for Detached Temporary Signs. (1) Generally. The standards of this subsection apply to temporary signs that are not attached to buildings. Temporary signs that are attached to buildings are subject to the standards of subsection (B), above. Duration of display is limited by subsection (D). (2) Detached Temporary Signs. Detached temporary signs are allowed according to the standards in Table (C), Detached Temporary Signs. Detached temporary sign types that are not listed in Table C (including but not limited to inflatable signs) are not allowed. Detached banners and pennants may only be displayed provided a permit is obtained pursuant to subsection (E), below. Portable signs may only be displayed provided a permit is obtained pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV. Table (C) Detached Temporary Signs (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Yard Signs Max. # Single-Family and Duplex Residential Buildings: Not Limited Single-Family and Duplex Residential Buildings: Not Limited Single-Family and Duplex Residential Buildings: Not Limited Residential Buildings: Not limited Multi-Family Residential Buildings: 1 per 20 ft. of property frontage or fraction thereof All other uses: 2 per vehicular access point Multi-Family Residential Buildings: 1 per 20 ft. of property frontage or fraction thereof Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof -38- Table (C) Detached Temporary Signs (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Max. Sign Area (per sign) 6 sf. 8 sf. 8 sf. 6 sf. Max. Sign Height 4 ft. 4 ft. 4 ft. 4 ft. Allowed Lighting None None None None Setbacks and Spacing 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs Other Standards Must be installed in permeable landscaped area. Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension, not more than 10 ft. from vehicular access point Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension Site Signs Max. # Residential Buildings: Not Limited 1 per 600 ft. of property frontage or fraction thereof -39- Table (C) Detached Temporary Signs (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Other Standards Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Swing Signs Max. # Not allowed Not allowed 1 per property frontage 1 per property frontage Max. Sign Area N/A N/A 5 sf., including riders 5 sf., including riders Max. Sign Height N/A N/A 5 ft. 5 ft. Allowed Lighting -40- regulations that apply to permanent signs or to add permanent signage to a property in addition to that which is allowed by this Sign Code. (2) Classification of Temporary Sign Materials. Temporary signs are constructed from a variety of materials with varying degrees of durability. Common materials are classified in Table (D)(1), Classification of Temporary Sign Materials. Table (D)(1) Classification of Temporary Sign Materials Material Material Class 1 2 3 4 5 Paper, card stock, foam core board, or cardboard ✓ Laminated paper or cardstock, polyethylene bags ✓ Cloth, canvas, nylon, polyester, burlap, flexible vinyl, or other flexible material of comparable durability ✓ Inflexible vinyl, hard plastic, composite, or corrugated plastic ("coroplast") ✓ Wood or metal ✓ (3) Duration of Display. (a) In general, a temporary sign shall be removed as of the earlier of the date that: 1. It becomes an abandoned sign; or 2. It falls into disrepair (see § 3.8.7.5); or 3. The number of days set out in Table (D)(2), Duration of Temporary Sign Display by Material Class, expires. Table (D)(2) Duration of Temporary Sign Display by Material Class Sign Type Max. Duration for Individual Sign by Material Class 1 2 3 4 5 Max. Posting Days/Year Yard Sign Not Allowed 45 days Not Allowed 60 days 180 days 180 days Site Sign Not Allowed Not Allowed Not Allowed 60 days 180 days 180 days 1 Swing Sign Not Allowed Not Allowed Not Allowed 60 days 180 days 180 days 1 Window Sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign Feather Flags Not Allowed Not Allowed 20 days Not Allowed Not Allowed 20 days Table Notes: 1 Alternatively, the sign type may be displayed for three hundred sixty (360) days every two (2) calendar years. (b) Temporary required signs shall be removed as required by the applicable regulation. Packet Pg. 126 -41- (4) Administrative Interpretations. Materials for signage that are not listed in this subsection (D) may be introduced into the market. When a material is proposed that is not listed in this subsection (D), the Director shall determine the class of materials with which the new material is most closely comparable, based on the new material’s appearance, durability, and colorfastness. No temporary sign shall be displayed for a longer period than a site sign constructed of class 5 material, regardless of the durability material (although such a sign may be permissible as a permanent sign under § 3.8.7.2). (E) Banners and Pennants. (1) Attached unframed banners, detached banners, and attached and detached pennants are allowed in any zone district subject to the restrictions in below Table (E), provided that a permit is obtained from the Director. The Director shall issue a permit for the display of banners and pennants only in locations where such banners and pennants will not cause unreasonable annoyance or inconvenience to adjoining property owners or other persons in the area and on such additional conditions as deemed necessary to protect adjoining premises and the public. All banners and pennants shall be removed on or before the expiration date of the permit. If any person, business or organization erects any banners or pennants without receiving a permit, as herein provided, the person, business or organization shall be ineligible to receive a permit for a banner or pennant for the remainder of the calendar year. (2) Each business or non-profit entity or other organization, and each individual not affiliated with an entity or organization, shall be eligible to display banners and pennants pursuant to a valid permit for a maximum of forty (40) days per calendar year. A permitted banner may exceed the forty (40) days when there is City authorized construction work in the portion of public right-of-way abutting the property, until such time as all applicable construction materials, equipment and fencing is removed from the right-of-way. (3) The Director shall review a banner or pennant permit application within two (2) business days to determine completeness. If it is complete, the Director shall approve or deny the application within three (3) business days after such determination. If it is incomplete, the Director shall cause the application to be returned to the applicant within one (1) business day of the determination, along with written reasons for the determination of incompleteness. (4) Notwithstanding the size and time limitations contained in Table E in the Downtown sign district: (a) In conjunction with a special event permit, three (3) banners larger in size than forty (40) square feet may be displayed for fifteen (15) days. Packet Pg. 127 -42- (b) The Director may approve a temporary banner permit application if it is demonstrated that: 1. The banner display is not detrimental to the public good; 2. The banner does not project into the right-of-way; 3. The banner is attached to a building thirty (30) feet or greater in height; 4. The banner is mounted flush with the building wall; 5. The banner is on the side of building that fronts a right-of-way or public plaza; 6. There is no more than fifteen (15) square feet of permanent signage on the side of the building on which the banner is to be displayed; 7. The banner does not cover more than one (1) architecturally distinct window; 8. No feather flags are displayed on the property; 9. Only one (1) banner is displayed at a time; 10. The banner does not exceed six (6) feet in width and twenty-five (25) feet in height; and 11. The banner is displayed no more than a four (4) consecutive month period. Table (E) Banners and Pennants (sf. = square feet / ft. = linear feet / N/A = not applicable) Standard Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Attached Banners and Pennants Max. # on each building elevation 1 1 per 300 ft. of building elevation or fraction thereof, but not more than 3 banners per building 1 Residential Buildings: Not Allowed Nonresidential Buildings: 1 Max. Sign Area 40 sf. 40 sf. 40 sf. Residential Buildings: N/A Nonresidential Buildings: 40 sf. Allowed Lighting None External None None Max. Sign Height 7 ft. 7 ft. 4 ft. 4 ft. Packet Pg. 128 -43- Table (E) Banners and Pennants (sf. = square feet / ft. = linear feet / N/A = not applicable) Standard Sign District Downtown Commercial-Industrial Multifamily/Mixed Use Single-Family Other Standards None If more than one banner is allowed on a building elevation, banners may be clustered None None Detached Banners and Pennants Max. # Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Not allowed Max. Sign Area (per banner) 40 sf. 40 sf. 40 sf. 40 sf. Allowed Lighting None None None None Max. Sign Height (applies to freestanding banner frames) 6 ft. 6 ft. 6 ft. 6 ft. (5) For banners and pennants in all sign districts, the following shall apply: (a) mounting hardware shall be concealed from view; (b) banners shall be stretched tightly to avoid movement in windy conditions; (c) all banners that are installed in banner frames shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame; (d) banners are not allowed if any of the following are present on the -44- include, but are not limited to, Art in Public Places events or Downtown Development Authority Alley Enhancement Projects. (2) The projected image of a vertical projected light signs is limited to nonresidential and mixed-use properties, but is not limited by zoning district. (3) The projected image shall not fall onto a surface with a high degree of specular reflectivity, such as polished metal or glass. The image shall be positioned to harmonize with the architectural character of the building(s) to which it is projected, and shall avoid any projection, relief, cornice, column, window, or door opening. (4) The projected image shall not exceed fifteen (15) square feet if any portion of it is on a first story building wall or on a structure that is not a building, or thirty (30) square feet if all of the image is above the first story of a building, except that a projected image may occupy one hundred (100) percent of the side or rear wall area of a building in the Downtown sign district, provided that the building is within the Downtown Development Authority’s Alley Enhancement Project and the building wall does not face a vehicular right-of-way. (5) The path of the projection shall not cross public rights-of-way or pedestrian pathways at a height of less than seven (7) feet. (6) Vertical projected light signs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed. (7) Vertical projected light signs are subject to the illumination standards of § 3.8.7.1(I) unless the City determines that additional illumination will be permitted because it will pose no material detrimental effects on neighboring properties or public rights-of-way due to the location and/or timing of the display. Such determination, and allowable illumination levels, shall be specified in the permit that allows the vertical projected light sign. 3.8.7.4 - Nonconforming Signs and Administration (A) Nonconforming Signs. (1) Nonconforming signs shall be maintained in good condition and no such sign shall be: (a) Structurally changed to another nonconforming sign, although its content may be changed; (b) Structurally altered in order to prolong the life of the sign; (c) Altered so as to increase the degree of nonconformity of the sign; or Packet Pg. 130 -45- (d) Enlarged. (2) Except as provided in subsection (A)(3), below, all existing nonconforming signs located on property annexed to the City shall be removed or made to conform to the provisions of this Article no later than seven (7) years after the effective date of such annexation; provided, however, that during said seven (7) year period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraphs (A)(1)(a) through (f), above. This subsection shall not apply to off-premises signs that are subject to the just compensation provisions of the Federal Highway Beautification Act and the Colorado Outdoor Advertising Act. (3) All existing signs with flashing, moving, blinking, chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the City shall be altered so that such flashing, moving, blinking, chasing, or other animation effects shall cease within sixty (60) days after such annexation, and all existing portable signs, vehicle-mounted signs, banners, and pennants located on property annexed to the City shall be removed or made to conform within sixty (60) days after such annexation. (4) Historic signs shall be considered conforming for the purposes of this Section. The Director may designate a sign as an historic sign if: (a) The applicant provides documentation that the sign has been at its present location for a minimum of fifty (50) years. (b) The sign is structurally safe or capable of being made structurally safe without substantially altering its historic character. The property owner is responsible for making all structural repairs and restoration of the sign to its original condition. (c) The sign is representative of signs from the era in which it was constructed and provides evidence of the historic use of the building or premises. Additionally, a sign shall be considered historic if the Landmark Preservation Commission through a review of Chapter 14 of the City Code as approved the historic nature of the sign. (B) Administration. (1) All sign permit applications shall be accompanied by detailed drawings indicating the dimensions, location, and engineering of the particular sign, plat plans when applicable, and the applicable processing fee. (2) The Director shall review the sign permit application within two business days after receipt to determine if it is complete. If it is complete, the Director shall Packet Pg. 131 -46- approve or deny the application within three (3) business days after such determination. If it is incomplete, the Director shall cause the application to be returned to the applicant within one (1) business day of the determination, along with written reasons for the determination of incompleteness. 3.8.7.5 - Sign Maintenance (A) Maintenance Standards. Signs and sign structures of all types (attached, detached, and temporary) shall be maintained according to the following standards: (1) Paint and Finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not a part of the original design. (2) Mineral Deposits and Stains. Mineral deposits and stains shall be promptly removed. (3) Corrosion and Rust. Permanent signs and sign structures shall be finished and maintained to prevent corrosion and rust. A patina on copper elements (if any) is not considered rust. (4) Damage. Permanent signs that are damaged shall be repaired or removed within one (1) year, unless the damage creates a material threat to public safety, in which case the Chief Building Official may order prompt repair or removal. Temporary signs that are obviously damaged (e.g., broken yard signs) shall be removed within twenty-four (24) hours. (5) Upright, Level Position. Signs that are designed to be upright and level, whether temporary or permanent, shall be installed and maintained in an upright and level position. Feather flag poles shall be installed in a vertical position. Signs that are not upright and level shall be removed or restored to an upright, level position. (6) Code Compliance. The sign must be maintained in compliance with all applicable building, electrical, and property maintenance codes (including any exceptions that may apply to existing sign structures). (B) Quality of Repairs. Repairs to signs shall be equal to or better in quality of materials and design than the original sign. (C) Altering or Moving Existing Signs. (1) Any alteration to an existing sign structure (except for alterations to changeable copy, replacement of a panel in a cabinet sign, replacement of a light source with a comparably bright light source, application of paint or stain) shall require a new Packet Pg. 132 -47- permit pursuant to § 3.8.7.4(B) prior to commencement of the alteration. Alterations requiring a new permit shall include, without limitation: (a) Changes to the area of manual changeable copy center on a sign, including the installation of a new manual changeable copy center where one was not previously present; (b) Changing the size of the sign; (c) Changing the shape of the sign; (d) Changing the material of which the sign is constructed; (e) Changing or adding lighting to the sign (except as provided above); (f) Changing the location of the sign; or (g) Changing the height of the sign. (2) No sign permit is required for removal of sign displays from supporting structures for maintenance, provided that they are replaced on the same support in the same configuration and the maintenance did not involve work that requires a permit. Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the following new definitions which read in their entirety as follows: Banner frame shall mean a type of wall sign composed of a frame that is secured to a building wall and used to stretch banners such that they are tightly stretched and their mounting hardware is hidden from view. Billboard shall mean a type of freestanding sign that incorporates a sign face that is larger than seventy (70) square feet, mounted on one or more pole structures, such that the lowest part of the sign face is ten (10) feet or more above adjacent grade. Packet Pg. 133 -48- Illustrative Billboard Bulletin board shall mean a type of wall sign composed of a cork, letter board, white board, or comparable surface that is within a secured, weather-resistant enclosure and used for the display of temporary messages. Bulletin board does not include manual changeable copy center. Commercial speech shall mean expression by a speaker for the purposes of commerce, where the intended audience is actual or potential consumers, and where the content of the message is commercial in character. Commercial speech typically advertises a business or business activity or proposes a commercial transaction. Digital electronic message center shall mean a display surface that is composed of light emitting diodes (LEDs) or comparable light sources that is capable of displaying variable messages and graphics, which are generally created on a computer. Digital electronic message centers are also known as EMCs. Initial luminaire lumens shall mean the light output of the lamp or luminaire before any light loss factors are considered. Manual changeable copy message center shall mean a sign element in which letters, numbers, or symbols may be changed manually without altering the face of the sign (e.g., by placement of letters into tracks that are enclosed within a cabinet structure). Manual changeable copy centers are sometimes known as “readerboards.” Monument style shall mean a style of freestanding sign characterized by a supporting sign structure that is at least seventy (70) percent of the width of the sign face, and that contains not more than two (2) sign faces. Pole cover shall mean a durable, permanent decorative cover that encloses the structural supports of a detached sign. The phrase “pole cover” does not include paints, stains, powder coating, or other finishes that are applied directly to the structural supports. Packet Pg. 134 -49- Secondary roof shall mean a flat roof structure that is at least 10 feet lower than another roof structure on the same building. Sign, applied or painted shall mean a type of wall sign that is applied to or painted on a building wall, such that the sign appears flush with, or within not more than one (1) inch of, the surface of the wall. Sign, cabinet shall mean a type of sign composed of a frame or external structure with a box-like design that encloses a sign face and other functional elements of the sign, including dimensional or electrical components. Sign, dimensional wall shall mean a three-dimensional sign that is attached to building wall, such that the elements of the sign do not extend more than eight (8) inches from the building wall. Dimensional wall signs include but are not limited to channel lettering. Illustrative Dimensional Wall Sign Sign, fin shall mean a projecting sign that is mounted on or affixed to a building wall, such that the sign face is generally perpendicular to the building wall. In addition to the wall mount or mounts, a fin sign may include ground-mounted support structures. Illustrative Fin Signs Sign, hanging shall mean a sign that is mounted under an awning or canopy as such terms are defined above, or under a cantilevered portion of a building. Generally, hanging signs are oriented perpendicular to the building wall. Packet Pg. 135 -50- Sign, interactive window shall mean one (1) or more illuminated screens that are displayed inside storefront windows that can be programed to allow customers to navigate content interactively from outside the window. Sign, marquee shall mean a projecting sign that is designed as a canopy structure, which includes a combination of permanent lettering or graphics and either manual changeable copy or electronic message center components. Sign, optional residential shall mean a wall sign, affixed to a residential building on a street-facing elevation, with a single sign face that does not exceed four (4) square feet in area. Sign, primary detached shall mean a detached sign that is visually dominant over other detached signs on the same property, due to its taller height and/or larger sign area. Sign, primary fin shall mean a fin sign that is visually dominant over other fin signs on the same building, due to its taller height and/or larger sign area. Sign, projected light shall mean any image, text, or other content that is projected onto an outdoor surface (e.g., a building wall or sidewalk) by a laser projector, video projector, video mapping, or other comparable technology, in a location such that the image, text, or content is obviously visible from outside of the premises. Sign, projecting shall mean a type of attached sign that extends from a building wall, usually perpendicular to the wall’s surface. Projecting signs include awning signs, fin signs, marquee signs, and hanging signs. Sign, required shall mean a sign that is required by an applicable building code (e.g., address numbers) or health and safety regulations (e.g., the Occupational Safety and Health Act (“OSHA”) or other laws or regulations, whether such sign is temporary or permanent. Sign, roof shall mean a type of attached sign that is mounted onto a building’s roof structure. Sign, secondary detached shall mean a detached sign that is subordinate to a primary detached sign in terms of height and/or sign area. Sign, secondary fin shall mean a fin sign that is subordinate to a primary fin sign in terms of height and/or sign area. Sign, secondary roof shall mean a sign that is mounted upon the horizontal plane of a flat roof structure of secondary roof of a building, which may include the roof of a canopy or porte-cochère that is attached to a building. Sign, wall shall mean a sign that is painted on, applied to, or affixed to a building wall. Wall signs include applied or painted signs, bulletin boards, cabinet signs, and dimensional wall signs. Street-facing building elevation shall mean Building Elevation that is oriented toward a public or private street that abuts the property. Temporary seasonal decorations shall mean decorations and signs that are clearly incidental, customary, and commonly associated with a holiday. Packet Pg. 136 -51- Window transparency shall mean the surface area of a window that is not covered or obstructed by a sign, such that the visibility through the window in both directions is not blocked by a sign. Section 4. That the following definitions contained in Section 5.1.2 of the Land Use Code are hereby amended to read as follows: . . . Banner shall mean a type of temporary or permanent sign that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts or wire, mounted in a free-standing frame, or hung on walls with ties, clips, rails, brackets, hooks, or banner frames. The definition of “banner” does not include “flag” or “feather flag.” . . . Building elevation, for the purposes of Sections 3.8.7.1 and 3.8.3.2 only, shall mean the external face of a building, projected onto a two-dimensional plane. For purposes of calculating the allowed number of signs or sign area, the building elevation is the two- dimensional representation of the side of the building upon which the sign is proposed. . . . Flag shall mean a flexible piece of fabric, that is attached along one (1) edge to a straight, rigid flagpole (directly or with rope), and which is designed to move when the wind blows. Flags are typically, (but not necessarily,) rectangular in shape, and often (but not always) include printed or embroidered insignia that symbolizes a nation, state, or organization, or that display a graphic or message. Flags are considered to be a type of sign. Flag, feather shall mean a flexible piece of fabric that is attached to a flexible pole along a long edge such that the pole stretches the fabric taut regardless of wind conditions. Feather flags are also commonly referred to as “teardrop banners,” “teardrop flags,” and “flutter flags.” Feather flags are considered to be a type of sign. Illustrative Feather Flags Packet Pg. 137 -52- . . . Principal building entrance, for the purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean a street-level primary point of public pedestrian access into a building. The phrase “principal building entrance” does not include doors used principally as emergency exits, or doors that provide restricted access (e.g., for employees or deliveries). . . . Property, for the purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the real property, or group of real properties that were planned or developed with shared pedestrian or vehicle access, upon which a sign or signs are displayed the real property owned or controlled by the applicant for a sign permit or alternative sign program. Property may be a single lot or parcel, or may be a combination of abutting lots or parcels that will be bound by the approval. Property frontage, for the purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the length of a front, side, or rear property line that abuts a street right-of-way. . . . Sign shall mean any writing (including letter, word or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or any other figure of similar character that is a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on or near a building, board, plate, or upon any material object or device whatsoever, that by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. The term sign shall not include the following: (1) window of merchandise or products; (2) works of art that in no way identify the name of a business and which in the judgment of a reasonably prudent person are not displayed in conjunction with a commercial enterprise for the purpose, or with the effect, of advertising a product or service offered by a business located on the property where such work of art is displayed; (3) signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way; (4) traffic and other official signs of any public or governmental agency; (5) products, merchandise or other materials which are offered for sale or used in conducting a business, when such products, merchandise or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials; and Packet Pg. 138 -53- (6) a sign that has been found by the Landmark Preservation Commission to have been an integral part of a building designated as a historic landmark, and is a contributing feature of the historic character of such building. (1) window of merchandise or products; (2) works of art that do not include commercial speech; (3) products, merchandise or other materials that are offered for sale or used in conducting a business, when such products, merchandise, or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials; and (4) any display that would otherwise be considered a sign, but that has been found by the Landmark Preservation Commission to be an integral part of a building that is designated as an historic landmark, and the display is a contributing feature of the historic character of such building. Sign face means the surface area of a sign that is designed for placement of text, symbols, or images. The sign face does not include the supporting structure, if any, unless the supporting structure is used for the display of text, symbols, or images. For wall signs, the sign face is equal to the sign area of the wall sign, or the area within any frame or color used to define, differentiate, or mount the wall sign, whichever is larger. Illustrative Sign Face Sign, attached shall mean a flush wall sign, a window sign, a roof sign, or a projecting sign. . . . Sign, awning shall mean a sign that is painted on, integrated into, or attached to an awning. For the purposes of this definition, an awning is a projection from the building that is supported entirely from the exterior wall of the building, and that gives shelter from the sun or weather over doors, windows, or storefronts. An awning is different from a canopy in that an awning is covered with fabric or other flexible materialwhich is mounted on a temporary shelter supported entirely from the exterior wall of the building. Packet Pg. 139 -54- Sign, canopy shall mean a sign which is mounted on a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extend3ed from the ground a type of sign with one face affixed to a canopy. For the purposes of this definition, a canopy is an attached or detached structure, open on at least one side, that is designed to provide overhead shelter from the sun or weather. Canopies include, but are not limited to, service station canopies, carports, porte- cochères, arcades, and pergolas. A canopy is different from an awning in that a canopy is not covered with fabric or flexible material. . . . Sign, inflatable shall mean a sign that is constructed from an envelope flexible material that is given shape and/or movement by inflation. The phrase inflatable sign does not include balloons that are less than eighteen (18) inches in all dimensions. . . . Sign, permanent shall mean a durable sign that is mounted or affixed for long-term use, not easily removed, and resistant to weather and other wear and tearsign which is permanently affixed or attached to the ground or to a structure. Sign, portable shall mean (depending upon the context): (1) a temporary sign that is designed to be easily moved from one location to another, and when placed, is neither fastened to a permanent structure or building, nor staked or otherwise installed into the ground. Portable signs include signs that are mounted on trailers, wheeled carriers, or frames that are designed to be placed onto a surface without being secured to it, or (2) any outdoor display of a product, merchandise or material which, by reason of its location or manner of display, is intended primarily to attract attention to the product, merchandise or material, or the premises upon which it is situateda sign that is designed to be easily moved from one location to another, and when placed, is neither fastened to a permanent structure or building, nor staked or otherwise installed into the ground. Packet Pg. 140 -55- Illustrative Portable Sign . . . Sign, site shall mean a type of temporary sign that is constructed of vinyl, plastic, wood, metal, or other comparable rigid material, whichthat is displayed on a structure that includes at least two (2) posts. Illustrative Site Sign . . . Sign, yard shall mean a type of temporary sign that is constructed of paper, vinyl, plastic, wood, metal or other comparable material, whichthat is mounted on a stake or a frame structure (often made from wire) that includes one (1) or more stakes. Packet Pg. 141 -56- Illustrative Yard Signs Section 5. That the definition “Sign, election” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Sign, election shall mean a sign relating to a candidate, issue, proposition, ordinance or other matter to be voted upon by the electors of the City. Section 6. That the definition “Sign, ideological” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Sign, ideological shall mean a sign conveying a philosophical, religious, political, charitable or other similar noncommercial message. Section 7. That the definition “Sign, for sale or rent” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Sign, for sale or rent shall mean a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed. Packet Pg. 142 -57- Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 143 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Ashley Macdonald, Real Estate Specialist I Adam Molzer, Grant & Community Partnership Coordinator Helen Matson, Real Estate Services Manager Ken Mannon, Operations Services Director Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 142, 2018, Authorizing the Lease of City-Owned Property at 424 Pine Street for Up to 40 Years. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to lease City-owned property to a nonprofit corporation, United Daycare Center dba Teaching Tree Early Childhood Learning Center, at a less-than- market lease rate of $600 per year for a period of up to 40 years. The initial term is for 20 years, followed by the option for 4 additional 5-year terms at the City’s discretion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Social Sustainability Department collaborates with a local Colorado nonprofit corporation known as United Day Care Center that does business as Teaching Tree Early Childhood Learning Center. Teaching Tree provides affordable childcare programs to residents in the City. Teaching Tree currently occupies a portion of 424 Pine Street through a sublease with the United Way of Larimer County, Inc. Teaching Tree desires to execute a lease with the City as the primary lessee to continue providing reduced cost childcare and early childhood education opportunities to residents. Teaching Tree and United Way are working together in collaboration with City staff on a potential sublease between Teaching Tree and United Way for United Way’s continued use of a portion of 424 Pine Street. Concurrent with Teaching Tree’s execution of the proposed lease, United Way will convey the existing building and related fixtures to the City, as required by United Way’s current lease. Teaching Tree has also expressed its intent to invest significant capital (over $1 million) of its own funds into facility renovations and upgrades to double the number of children served. Teaching Tree currently serves 101 children (infant through age 5), and their capacity would increase to 215 total childcare spots upon completion of the proposed renovation. The expansion of quality, affordable childcare, especially for low-income families, is a focus for the Social Sustainability Department. The lease agreement requires that Teaching Tree will provide low-income families with reduced tuition, tuition reimbursements, scholarship opportunities or similar programs to no less than 20% of their enrollment for the duration of the lease. 12 Packet Pg. 144 Agenda Item 12 Item # 12 Page 2 The execution of the lease aligns with City Strategic Objective NLSH 1.2 by delivering a collaborative partnership between the City and Teaching Tree to address a high priority human service need. BFO Budget Enhancement 27.19 (Childcare Services, 2017-2018) aligns with the proposed use of the facility. Funding has been expended and committed from Budget Enhancement 27.19 to support Teaching Tree’s preliminary project scoping and design efforts prior to lease execution. Goals and objectives of the Fort Collins Social Sustainability Strategic Plan that may benefit from the execution of the lease with Teaching Tree include: (a) Goal C2, as it is a collaborative effort of continuing support of childcare and early childhood education. (b) Goal C3, as it supports the objective to which promotes programs and initiatives providing residents with affordable, quality caregiving services CITY FINANCIAL IMPACTS Annual rent collected from this lease will result in at least $600 per year in commercial rent revenue for a total of $12,000 over the course of the initial term of twenty (20) years. Rent for this space is based on the lease rate determined by staff for a bona fide nonprofit organization. Teaching Tree will be responsible for expenses of all utilities, maintenance, communication services, trash services, janitorial services, and taxes. In addition, Teaching Tree will be responsible for any tenant finish costs. The City and Teaching Tree will share equally the costs of parking maintenance. 12 Packet Pg. 145 -1- ORDINANCE NO. 142, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT 424 PINE STREET FOR UP TO FORTY YEARS WHEREAS, the City of Fort Collins is the owner of the property located at 424 Pine Street, Fort Collins, Larimer County, Colorado (the “Leased Premises”); and WHEREAS, in 1983 the City Council approved Resolution 83-218 authorizing the lease of the Leased Premises to Larimer Community Services Corporation (“LCSC”) for the purpose of building a human services facility on the Leased Premises; and WHEREAS, in April 1985, the City and LCSC entered into a Lease Agreement (the “1985 Lease”) that permitted construction of a building on the Leased Premises, but stipulated that upon termination of the Lease Agreement, the building would become the property of the City; and WHEREAS, in 1994, with the City’s consent, United Way of Larimer County, Inc. (“United Way”) assumed LCSC’s rights under the 1985 Lease and became owner of the building; and WHEREAS, in 2008 the City entered into a new lease with United Way, leasing the Leased Premises for human services purposes to benefit the community at large with an initial term of twenty years (the “2008 Lease”); and WHEREAS, United Way currently subleases a portion of the Leased Premises to the United Day Care Center, doing business as Teaching Tree Early Childhood Learning Center (“Teaching Tree”), which provides affordable early childhood and education programs for the community at large; and WHEREAS, United Way and Teaching Tree desire that Teaching Tree would become the primary lessee and occupant of the Leased Premises, and the parties intend that United Way will occupy a portion of the Leased Premises under a sublease with Teaching Tree; and WHEREAS, concurrent with execution of a proposed new lease agreement between the City and Teaching Tree, United Way would terminate the 2008 Lease, convey the existing building and all other related fixtures to the City, and Teaching Tree and United Way would execute a sublease in a form acceptable to the City; and WHEREAS, the proposed lease terms include an initial twenty-year lease term in exchange for a nominal rent in the amount of $600.00 per year and compliance with certain terms and conditions including restrictions on the use of the Leased Premises and an obligation to maintain the Leased Premises; and WHEREAS, the proposed lease agreement may be extended at the City’s discretion for four additional five-year terms for a maximum tenancy of forty years; and Packet Pg. 146 -2- WHEREAS, under Section 23-113(b) of the Code of the City of Fort Collins, the City Council is authorized to lease any and all interests in real Leased Premises owned in the name of the City, provided that the City Council first finds that the lease is in the best interests of the City; WHEREAS, if the proposed term of the lease exceeds twenty years, the lease must be approved by the City Council by ordinance; and WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property interests must be for an amount equal to or greater than the fair market value of such interest unless the City Council determines that such sale or lease serves a bona fide public purpose, based on the five factors listed in Section 23-114; and WHEREAS, staff believes that leasing the Leased Premises to Teaching Tree for less than fair market value serves a bona fide public purpose because: (1) The use to which the Leased Premises will be put promotes the health, safety, or general welfare and benefits a significant segment of the citizens of Fort Collins by providing affordable early childhood and education programs for the community at large; (2) The proposed lease supports Goal C.2 of the Fort Collins Social Sustainability Strategic Plan, which promotes the continuing support of childcare and early childhood education; and (3) The use to which the Leased Premises will be put supports Goal C.3 of the Fort Collins Social Sustainability Strategic Plan, which promotes programs and initiatives providing residents with affordable, quality caregiving services; (4) The financial support provided by the City through the below-market lease of the Leased Premises will be leveraged with other funding or assistance; (5) The lease will not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served; and (6) Leasing the Leased Premises for less than fair market value will not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. 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. 147 -3- Section 2. That the City Council hereby finds that leasing the Leased Premises at 424 Pine Street under the terms listed above is in the best interests of the City. Section 3. That the City Council further finds that such lease for less than fair market value serves a bona fide public purpose for the reasons stated in the recitals above. Section 4. That the City Manager is hereby authorized to execute a negotiated lease agreement consistent with the terms of this Ordinance, together with such additional terms and conditions consistent with the terms of this Ordinance, as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary changes to the legal description of the Leased Premises, as long as such changes do not materially increase the size or change the character of the Leased Premises. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 148 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Eileen Dornfest, Special Projects Manager Carol Webb, Deputy Directory, Utilities Gerry Paul, Director of Purchasing & Risk Management Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 143, 2018, Authorizing the Purchasing Agent to Enter into Contracts for Services, Professional Services and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir. EXECUTIVE SUMMARY The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for services, professional services and/or construction of the proposed enlargement of Halligan Reservoir, which is the preferred alternative for the Halligan Water Supply Project. The request for a longer contract period is due to the large scope of the project and the uncertainties related to the schedule for design and construction. Any contracts authorized under the proposed ordinance would be no longer than ten years in length. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Halligan Water Supply Project (Halligan Project) is currently in the regulatory permitting phase, with federal permitting being led by the United States Army Corps of Engineers (Corps). The schedule for construction of the enlargement of Halligan Reservoir is primarily dictated by the permitting process, and the City has very limited control of the schedule until all permitting is complete. Permitting with the Corps began in 2006 and is anticipated to be complete by 2021, with a Record of Decision issued in 2022. In addition to the federal permitting process led by the Corps, several other permits are needed from other federal, state, and county agencies prior to construction. To expedite transition from permitting to construction, design of the enlargement of Halligan Reservoir will be conducted in parallel with permitting, beginning in 2019. Design for a project the size and complexity of the enlargement of Halligan Reservoir typically takes several years and is conducted in phases. The first phase of design, Preliminary Design, is scheduled for 2019-2020 and will provide critical information needed to verify current Halligan Project assumptions, refine the current construction cost estimate, and provide information needed for several permits required for construction. Following Preliminary Design and cost estimate refinement, the design will be advanced through Final Design at a schedule that will allow construction to begin as soon as all necessary permits are obtained. A Request for Proposals for a design team will be released in 2019. This design team will not only design the enlargement of Halligan Reservoir but will play a critical role during construction to ensure that construction is performed in accordance with the design. If the contract for design is executed in 2019, the current five-year contract limit stated in City Code Section 8-186(a) would terminate the contract in 2024. A best-case project 13 Packet Pg. 149 Agenda Item 13 Item # 13 Page 2 schedule is presented in the latest Halligan Project update (Attachment 1), which shows that construction is anticipated to be underway in 2024 and will last approximately two years. This scenario would require a mid- project competitive purchasing process for the Halligan Project design team. Such a mid-project competitive purchasing process would be disruptive to the project and would incur additional cost to the City. If a new team is chosen by a mid-project competitive purchasing process, the change would result in significant costs related to onboarding new team members, as well as uncertainties related to liability for any issues that arise during design or construction. A similar scenario could develop for the construction contractor, who will join the Halligan Project team during design and will be responsible for construction of the multi-year project. Extending the length of contracts for the Halligan Project up to ten years for services, professional services and/or construction will provide the City with the continuity needed for the project team to efficiently deliver this multi-year project. CITY FINANCIAL IMPACTS This is a cost avoidance measure. Cost efficiencies will be realized by the City if the Purchasing Agent can enter into contracts for services, professional services and/or construction in excess of five years for the Halligan Project. ATTACHMENTS 1. Halligan Council Update October 2018 (PDF) 13 Packet Pg. 150 HALLIGAN WATER SUPPLY UPDATE PROJECT October 2018 BACKGROUND The Halligan Water Supply Project will enlarge Halligan Reservoir, an existing reservoir on the North Fork of the Poudre River, to help meet future water supply needs. The population for Fort Collins Utilities’ Service Area is projected to increase by 45,000 by 2065, and the current water supply is not enough to support that growth under City policy, especially during a drought. The project would expand the reservoir by about 8,100 acre-feet (AF) by increasing the height of the existing dam by 25 feet. For context, an average single-family home served by Utilities uses almost a third of an AF of water each year. To enlarge Halligan Reservoir, permits are required from the U.S. Army Corps of Engineers (Corps) and other federal and state agencies. Before issuing permits, the Corps will produce an Environmental Impact Statement (EIS), which will be published for public review and comment. The EIS will describe the environmental impacts of the project, along with impacts of other alternatives to enlarging Halligan. HALLIGAN RESERVOIR SURFACE AREA Halligan Dam Existing Surface Area Enlarged Surface Area PROGRESS UPDATE City staff, consultants and the Corps made significant progress during the first three quarters of 2018. Developments include: • All indications are that the federal permitting process for the enlargement of Halligan Reservoir is on track and a Draft EIS is scheduled for mid-2019. • Continued developing mitigation and enhancement measures for the project. The City will issue a Conceptual Mitigation Plan at the same time as the Draft EIS. • Writing Chapters 1 through 4 of the Draft EIS, which will present a summary of the technical work conducted to date, including 1) definition of purpose and need for the project, 2) identification and comparison of alternatives to the Halligan Water Supply Project, 3) a description of environmental and cultural resources that could potentially be affected by each alternative, and 4) direct and indirect effects of constructing each alternative. • Staff initiated an evaluation of the feasibility and cost of reintroduction of greenback cutthroat trout, a “threatened” species, to the North Fork of the Cache la Poudre River as a possible enhancement measure to the Halligan project. • Completed additional studies on wetlands and aquatic habitat along the North Fork of the Poudre River, as required by the Corps. To facilitate these studies the water level in Halligan Reservoir was drawn down approximately 6 feet in May. • Investigated land acquisition needed for the project. • Developed plans for completing the design of dam enlargement. An April 6, 2018 memo to City Council provided revised cost estimates for the Halligan Reservoir enlargement. The total estimated cost for the project has increased to $74.1 million, indicating a need for $36.7 million in future appropriations. A breakout of costs is provided in the table to the right. Most of the cost increases are attributable to construction cost escalation, which is compounded by delays in the federal permitting process, and revised estimates of costs required to address project uncertainties. Considering the revised cost of the project, the unit cost of the Halligan Water Supply Project remains significantly lower than that of other water supply options. The Halligan Project will provide firm yield at a cost of $8,800 per AF. For comparison, the market rate for firm yield from the Colorado-Big Thompson, Northern Integrated Supply Project (NISP) and Windy Gap projects is $60,000, $25,000 and $14,000 per AF, respectively. Year-to-date expenditures through September are $550,000. PROJECT SCHEDULE BUDGET Release of the draft EIS is currently anticipated in April 2019. Construction could begin as early as 2023. Other project milestones are shown in the timeline below. EXPENSES ($M)1 To Date2 Future Total Acquisition $3.3 $0.3 $3.6 Permitting & Mitigation $12.7 $8.4 $21.1 Construction - $31.3 $31.3 Debt Service3 $1.9 - $1.9 Risk Mitigation/Contingency - $16.3 $16.3 Total $17.9 $56.1 $74.1 ESTIMATED FINAL UTILITY COST ($M) To Date2 Future Total Project Costs $17.9 $56.1 $74.1 Less Reimbursements4 ($4.6) ($0.1) ($4.7) Total5 $13.3 $56.0 $69.4 APPROPRIATIONS ($M) To Date2 Future Total Past Appropriations $37.4 - $37.4 Required Future Appropriation - $36.7 $36.7 Total $37.4 $36.7 $74.1 1. Expenses include escalation through 2023 in each line item. Line items may not add up to the total due to rounding. 2. Through September 2018. 3. Debt service payments from 2004 to 2014 were allocated as Halligan Project expenses. All future debt service payments will not be counted as a project cost. 4. Reimbursements were received from former project partners (North Poudre Irrigation Co. and the Tri-Districts) between 2005 and 2014; miscellaneous reimbursements have been and will be collected from the City of Greeley and from rents in the future. Reimbursements for project expenses require Council action to be re-appropriated to the project budget. 5. Total Utility cost includes debt service and deducts reimbursements. For more information, visit fcgov.com/halligan Eileen Dornfest, Special Projects Manager • 970-416-4296 • edornfest@fcgov.com Auxiliary aids and services are available for persons with disabilities, V/TDD 711. Esta información puede ser traducida, sin costo para usted, 970-212-2900. Utilities ‘06 ‘07 ‘08 ‘09 ‘10 ‘11 ‘12 ‘13 ‘14 ‘15 ‘16 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘24 ‘25 Federal Permitting - Draft EIS -1- ORDINANCE NO. 143, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASING AGENT TO ENTER INTO CONTRACTS FOR SERVICES, PROFESSIONAL SERVICES AND/OR CONSTRUCTION IN EXCESS OF FIVE YEARS FOR THE PROPOSED ENLARGEMENT OF HALLIGAN RESERVOIR WHEREAS, City Code Section 8-186(a) states that no contract for services or professional services, including all renewals, shall be made by the City for a period longer than five years, unless authorized by ordinance, which ordinance shall not be passed as an emergency ordinance; and WHEREAS, City is pursuing the Halligan Water Supply Project (“Project”), which includes the City’s preferred alternative of the enlargement of Halligan Reservoir, an existing reservoir located on the North Fork of the Cache la Poudre River; and WHEREAS, the enlargement of Halligan Reservoir will be a substantial undertaking that will require significant design and construction work, the specifics of which depend on various investigations that are planned to be completed; and WHEREAS, the work associated with the enlargement of Halligan Reservoir, including design and construction work, will likely take more than five years due to various factors, including the scope of the Project and legal and regulatory requirements; and WHEREAS, it is in the best interest of the City and the citizens of Fort Collins, including ratepayers of Fort Collins Utilities, that the City be authorized to enter into contracts for services, professional services, and/or construction in excess of five years for the proposed enlargement of Halligan Reservoir in order to, among other things, receive better proposals for the design and construction work, maintain continuity of the design and construction work throughout the Project, and therefore avoid costs related to transitions of project team members due to contract expiration; ; 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 Purchasing Agent is hereby authorized to enter into contracts for services and professional services in excess of five years, but not to exceed ten (10) years, for the proposed enlargement of Halligan Reservoir. Packet Pg. 153 -2- Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 154 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2018-108 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Trilby Substation Enclave Annexation. EXECUTIVE SUMMARY This is a City-initiated request to annex a 1.797-acre enclave consisting of a single-parcel into the City of Fort Collins. The parcel became an enclave with the annexation of the Timan First Annexation on June 7, 1988. As of June 7, 1991, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Trilby Substation Enclave Annexation is located in southwest Fort Collins, abuts West Trilby Road to the north, and is situated between Hazaleus Natural Area and Colina Mariposa Natural Area. The single parcel contains an electric substation that is owned and operated by the Poudre Valley Rural Electric Association. The proposed zoning for this annexation is the Public Open Lands (P-O-L) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding properties are existing Natural Areas owned and administered by the City of Fort Collins. The proposed Resolution makes a finding that the property has been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 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 Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is an involuntary enclave annexation of a single-parcel located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. In addition to the policies contained within the IGA, the City of Fort Collins has a long-standing history of annexing property that becomes eligible within the GMA in order to maintain the community's vision as outlined in the City’s Comprehensive Plan. 14 Packet Pg. 155 Agenda Item 14 Item # 14 Page 2 The Trilby Substation Enclave Annexation is a single-parcel enclave that was surrounded by the City of Fort Collins upon the annexation of the Timan First Annexation on June 7, 1988. The enclave annexation is located in southwest Fort Collins, abuts West Trilby Road to the north, and is situated between Hazaleus Natural Area and Colina Mariposa Natural Area. The single parcel contains an electric substation that is owned and operated by the Poudre Valley Rural Electric Association (PVREA). Below is a list of the single-parcel contained within the enclave area: # Property Address Parcel Number Acres 1 N/A 9614000814 1.79 CITY FINANCIAL IMPACTS There are no financial impacts associated with the Initiating Resolution for the annexation and zoning of the Trilby Substation Enclave Annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation and zoning request on December 20, 2018. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on January 15, 2019. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on September 26, 2018, City staff held a stakeholder meeting to answer questions and inform PVREA and residents of the Trilby Station enclave annexations of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, Neighborhood Services and Utilities were present to explain any potential difference in electrical rates, services, zoning and infrastructure. Additionally, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation, they are: 1. Posting ‘Development Proposal Under Review’ sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An email newsletter called “This Week in Development Review” is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 14 Packet Pg. 156 MCAORLIPINOASA NATURAL AREA HNAAZTAULREAULS AREA S Shields St W Trilby Rd Truxtun Dr Enterprise Dr ReDevres Dewey Dr IntrDerpid Saipan Ct Nimitz Dr Kitty H a wk Ct Forr estal Dr L a Eda Ln © Trilby Substation VicinityAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 1 14.1 Packet Pg. 157 Attachment: Vicinity Map (7317 : Trilby Substation Enclave Annexation) S Shields St W Trilby Rd Truxtun Dr Enterprise Dr ReDevres Dewey Dr IntrDerpid Saipan Ct Nimitz Dr Kitty H a wk Ct Forr estal Dr L a Eda Ln LMN UE POL © Trilby Substation VicinityAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 2 14.2 Packet Pg. 158 Attachment: Zoning Map (7317 : Trilby Substation Enclave Annexation) S Shields St W Trilby Rd Truxtun Dr Enterprise Dr ReDevres Dewey Dr IntrDerpid Saipan Ct Nimitz Dr Kitty H a wk Ct Forr estal Dr La Eda Ln Urban Estate EUsrbtaatne Urban Estate Low MixeDde-nsityUse Residential Rural andLands Open Stream Corridors © Trilby Substation StructureAnnexation Enclave Plan Map 1 inch = 333 feet Site ATTACHMENT 3 14.3 Packet Pg. 159 Attachment: Structure Plan Map (7317 : Trilby Substation Enclave Annexation) -1- RESOLUTION 2018-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE TRILBY SUBSTATION ENCLAVE ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, the City Council intends to annex the following described property, to be known as the Trilby Substation Enclave Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO BEAR N88°46’29"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14, N88°46'29"E, A DISTANCE OF 300.00 FEET; THENCE S01°13'31"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE TIMAN ANNEXATION TO THE CITY OF FORT COLLINS, N88°46'29"E, A DISTANCE OF 295.16 FEET; THENCE ALONG THE BOUNDARY OF THE AMENDED PLAT OF TRILBY HEIGHTS THIRD ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THREE (3) COURSES: Packet Pg. 160 -2- 1. S01°13'31"E, A DISTANCE OF 265.16 FEET; 2. S88°46'29"W, A DISTANCE OF 295.16 FEET; 3. N01°13'31"W, A DISTANCE OF 265.16 FEET TO THE POINT OF BEGINNING. CONTAINING 78,265 SQUARE FEET (1.797 ACRES), MORE OR LESS Section 3. That the City Council hereby initiates enclave annexation proceedings for the above-described property. Section 4. That the Notice attached hereto is adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 161 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2018-108 initiating annexation proceedings for the Trilby Substation Enclave Annexation, consisting of approximately 1.79 acres and generally located in southwest Fort Collins between Hazaleus Natural Area and Colina Mariposa Natural Area, abutting West Trilby Road to the north, said Annexation being more particularly described in Resolution 2018-108. That, on January 15, 2019, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Public Open Lands (“P-O-L”) Zone District. 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. Dated this _____ day of _______________, A.D. 2018. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 162 Attachment: Exhibit A (7330 : Trilby Substation Enclave Annexation RESO) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2018-109 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Kechter Enclave Annexation. EXECUTIVE SUMMARY This is a City-initiated request to annex an 8.4-acre enclave consisting of a single-parcel into the City of Fort Collins. The parcel became an enclave with the annexation of the Kechter Farm Annexation on May 6, 2014. As of May 6, 2017, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Kechter Enclave Annexation is located in southeast Fort Collins, abuts Ziegler Road to the east and is situated between Trilby Road and the Fossil Creek Reservoir. The single parcel contains a single-family residence with several agricultural related outbuildings. The proposed zoning for this annexation is the Low Density Mixed Use Neighborhood (L-M-N) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding properties are existing single-family residences that were developed in the county and subsequently annexed by the City of Fort Collins. The proposed Resolution makes a finding that the property has been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 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 Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is an involuntary enclave annexation of a single-parcel located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. In addition to the policies contained within the IGA, the City of Fort Collins has a long-standing history of annexing property that becomes eligible within the GMA in order to maintain the community's vision as outlined in the City’s Comprehensive Plan. 15 Packet Pg. 163 Agenda Item 15 Item # 15 Page 2 The Kechter Enclave Annexation is a single-parcel enclave that was surrounded by the City of Fort Collins upon the annexation of the Kechter Farm Annexation on May 6, 2014. The Kechter Enclave Annexation is located in southeast Fort Collins, abuts Ziegler Road to the east and is situated between Trilby Road and the Fossil Creek Reservoir. The single parcel contains a single-family residence with several agricultural related outbuildings. Below is a list of the single-parcel contained within the enclave area: # Property Address Parcel Number Acres 1 6131 Ziegler Road 8608405703 8.4 CITY FINANCIAL IMPACTS There are no financial impacts associated with the Initiating Resolution for the annexation and zoning of the Kechter Enclave Annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation and zoning request on December 20, 2018. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on January 15, 2019. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on September 26, 2018, City staff held a stakeholder meeting to answer questions and inform PVREA and residents of the Kechter and Strauss Cabin enclave annexations of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, Neighborhood Services and Utilities were present to explain any potential difference in electrical rates, services, zoning and infrastructure. Attachment 4 is a FAQ sheet provided to residents who attended the meeting. Additionally, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation, they are: 1. Posting ‘Development Proposal Under Review’ sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An email newsletter called 'This Week in Development Review' is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Kechter Enclave FAQ (PDF) 15 Packet Pg. 164 Ziegler Rd Shallow Pond Dr Zep h yr Rd EDr Trilby Rd Lady Moon Eagl e Roost Dr Tr e e Row Ln Twin W ash Sq Spruce Creek Dr F allin g Water Dr Kingfisher Ct Swai n sons Ha w k Pl Morning Light Pl Heronry Pl Rock Park Dr Sp r ing S eed Way DRroipckping Ln Wi n db r ea k Ct Crane Dr Spear m in t Ct Twin Heron Ct S p e a r m Ziegler Rd Shallow Pond Dr Zep h yr Rd EDr Trilby Rd Lady Moon Eagl e Roost Dr Tr e e Row Ln Twin W ash Sq Spruce Creek Dr F allin g Water Dr Kingfisher Ct Swai n sons Ha w k Pl Morning Light Pl Heronry Pl Rock Park Dr Sp r ing S eed Way DRroipckping Ln Wi n db r ea k Ct Crane Dr Spear m in t Ct Twin Heron Ct S p e a r m Ziegler Rd Shallow Pond Dr Ze p hyr R d Lady Moon Dr E Trilby Rd Eagl e Roost Dr Tr e e Row Ln Twin Wash Sq Spruce Creek Dr Falli n g Water Dr Kingfisher Ct Swai n sons Ha w k Pl Morning Light Pl Heronry Pl Rock Park Dr S p ring S eed Way DRroipckping Ln Wi n db r eak C t Crane Dr Spear m in t Ct Twin Heron Ct S p e a 1 Strauss Cabin & Kechter Enclave - FAQ Contents Intergovernmental Agreements ..................................................................................................................................2 Does Larimer County have anything to say about enclave annexations? .............................................................2 Enclave .......................................................................................................................................................................2 What is an enclave? ...............................................................................................................................................2 How is it that our properties became enclaves? ....................................................................................................2 What is an enclave annexation? ............................................................................................................................2 Is it normal for the City of Fort Collins to annex properties after the three-year period? .......................................3 Can you give us a recent example of an enclave annexation?..............................................................................3 How long will the annexation process take? ..........................................................................................................3 Zoning and Land Use .................................................................................................................................................3 What about City zoning? ........................................................................................................................................3 What if I am a legal existing use in Larimer County but not in the City of Fort Collins? ........................................3 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? .3 Utility Services ............................................................................................................................................................4 Why should we be responsible for this when the City of Fort Collins is annexing us unwillingly? .........................4 How will our electric service change over to City Light & Power? .........................................................................4 What about solar rebates? .....................................................................................................................................5 Will the tax on our phone bill change? ...................................................................................................................5 What is the difference between Fort Collins Light and Power and REA rates? .....................................................5 What is the Stormwater Fee? .................................................................................................................................7 What if my property is on septic? How will being part of the City of Fort Collins affect me? .................................9 Will my water or wastewater services change because of the annexation? ..........................................................9 Taxes ....................................................................................................................................................................... 10 How will our property taxes change? .................................................................................................................. 10 Will we be charged additional tax on our utility bills? .......................................................................................... 11 How will the assessor determine the value of our property? .............................................................................. 11 What is the difference between City sales tax and County sales tax? ............................................................... 12 Other City Regulations & Information ...................................................................................................................... 13 How many horses per acre are you allowed to have in the City as compared to the County? .......................... 13 How many chickens and roosters can I have on my property? .......................................................................... 13 Will our cat need to be registered when we are in the City of Fort Collins? ....................................................... 13 ATTACHMENT 4 15.4 Packet Pg. 168 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 2 Is a wood burning stove permitted inside the City of Fort Collins? ..................................................................... 14 Will the school boundaries change and if so who is responsible for that change? ............................................. 14 What are some of the upsides of being annexed into the City of Fort Collins? .................................................. 14 What is Neighborhood Services? ........................................................................................................................ 15 What is the best way for me to contact the City of Fort Collins? ........................................................................ 15 Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. Enclave What is an enclave? An enclave is a property, or group of properties, that are in unincorporated Larimer County but, due to urban growth and development are now surrounded by the City of Fort Collins municipal boundary. How is it that our properties became enclaves? The properties contained within the Strauss Cabin annexation area became an enclave through a combination of five (5) previous annexations that happened between 2000-2009: • Strauss Cabin Enclave is approximately 30 acres in size, contains 8 parcels and a combination of residential, agriculture and institutional land uses. The Kechter Enclave contains a single property and became an enclave through a combination of three (3) previous annexations that happened between 2002 and 2014 • Kechter Enclave is approximately 8 acres in size, contains a single parcel and primary uses consist of residential and agricultural land uses. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. 15.4 Packet Pg. 169 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 3 Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totaling 1,603 acres (2.7 square miles) that were phased in over time and were adopted by City Council between 2006 and 2013. How long will the annexation process take? Typically, an annexation process takes between 3 and 4 months once the annexation process is initiated. Zoning and Land Use What about City zoning? The requested zoning district for the Kechter Enclave annexation is in conformance with the City’s Structure Plan and Fossil Creek Reservoir Area Plan Land-Use Framework Maps. However, because the conditions have changed considerably since the City’s 2011 comprehensive plan update and the City will be recommending a Structure Plan Amendment to change the recommended zoning on the west side of Strauss Cabin Rd from Urban Estate to Low Density Mixed-Use Neighborhood and the zoning on the east side of Strauss Cabin Road from Rural Lands to Urban Estate. Once the property was annexed into the City, Larimer County zone districts would be replaced with City of Fort Collins zone districts. What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in however if the nonconforming use is discontinued for 24 consecutive months the nonconforming use is then considered “abandoned” and will not be able to continue. To find more information on nonconforming uses and structures visit Division 1.5 in the City of Fort Collins Land Use Code. https://www.municode.com/library/co/fort_collins/codes/land_use What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, in some cases the City will preempt a private covenant as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 15.4 Packet Pg. 170 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 4 Utility Services All properties are served by Poudre Valley REA and once annexed, will be switched over to Municipal Light and Power (likely during future development or redevelopment of any property within the enclave). The eventual switch will require the customer to pay a 25% pass-through electric surcharge. Why should we be responsible for this when the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the Rural Electric Association 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. Background: In 1988, the various REA’s in Colorado had a state statute approved by the legislature requiring municipal electric utilities to pay what is called a “service rights fee” to the local REA when provision of electric service is changed. This statute requires municipal electric utilities that transfer electric service after an annexation to pay the local REA 25% of all revenue from existing customers (5% for new customers) starting on the date of electric transfer for a period of 10 years. The REA perspective is that this pays for their lost revenue. The municipal utility perspective is it is an attempt to discourage transferring electric customers to the municipal utility. Some municipal utilities in Colorado choose to absorb the service rights fee. Fort Collins Light & Power, at the direction of City Council, passes this expense on to the transferred customers. Fort Collins Light & Power also purchases the REA infrastructure in addition to the service rights fee. This infrastructure purchase cost is not passed on to the annexed customers. For further information, please contact Phil Ladd, Utilities Financial Operations Manager, 970-221-6751 or pladd@fcgov.com How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. Currently, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. A new smart meter will replace the existing meter in the same location at the time of service transfer. If you would like to change the location of the meter, Light and Power staff will work with you to extend or relocate the secondary service wire on a time and materials basis. Otherwise, the new meter will be installed into the existing socket. Light and Power staff will contact you once the project has been assigned to a Project Manager. In addition, you will be contacted by the Crew Chief prior to the service being transferred. There will be an electrical shut down for about one to two hours while the new system is installed. If you have any questions regarding the electrical changeover, please contact Janet McTague, 224-6154, jmctague@fcgov.com 15.4 Packet Pg. 171 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 5 What about solar rebates? Currently, rebates are available for approximately 300 residential customers and multiple projects up to 1- megawatt total for commercial customers. You will receive full credit for the electricity generated by your PV system through our net metering program (see rates here). Information about federal tax incentives is available at Energy Star and the Solar Energy Industries Association. Available Rebates1 Residential: up to $1,500 Commercial: up to $100,000 Application Timeline Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, 2017 Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. Poudre Valley REA has several variable fee structures that include both a set rates and On Peak/Off Peak rates, the City of Fort Collins Utilities, is transitioning to On-Peak/Off-Peak electric pricing for all residential customers in October 2018 (prices will be reflected on November bills). With TOD pricing, when you use electricity is as important as how much electricity you use. The price you pay changes based on the time of day, the day of the week and the season, and includes off-peak and on-peak hours. Off-peak hours cost approximately 30 percent less than current electric rates with higher prices during on-peak hours. More than 80 percent of the time, the price will be going down. This transition is a rate structure change and not a rate increase. What this means is how you are billed for your electric use is changing. Fort Collins Utilities does not anticipate additional revenue. It will take a comparison of your current PVREA bill to determine how kWh rates will change according to your current structure. The graphic below describes how the new On-Peak/Off-Peak rates will be assessed. 1 Rebate amounts are based on a $0.50/Watt, 20-year Renewable Energy Credit (REC) purchase 15.4 Packet Pg. 172 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 6 15.4 Packet Pg. 173 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 7 TOD has two levels of pricing: off-peak and on-peak, and two seasons: non-summer and summer. Off-peak hours cost approximately 30 percent less than current electric rates with higher prices during on-peak hours. Price comparison of average TOD pricing to current electric rates. • Off-peak hours: 19-20 hours each weekday (depending on the season), all weekend hours and major holidays* o More than 80 percent of the time, the price you pay for electricity will be going down. • On-peak non-summer (October-April) hours: 5-9 p.m., weekdays only • On-peak summer (May-September) hours: 2-7 p.m., weekdays only Lower off-peak prices offer an incentive to shift a portion of your electric use from the more expensive on-peak hours, which can help you save money and reduce strain on the electric grid. The city of Fort Collins Utilities Department has created a Time-of-Day Price Estimator that can help you determine how your monthly bill may change. Please visit https://www.fcgov.com/utilities/tod-estimator/ for more information. What is the Stormwater Fee? Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on impervious surface and lot size. Below is an example calculation of a stormwater fee for Example: Address Estimated Lot SF Estimated Impervious Surface Estimated 2017 Monthly Fee2 2521 Kechter Rd 218,745 SF (5.02 Acres) 3,484 SF $16.75 2 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 15.4 Packet Pg. 174 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 8 Formula: Lot Size - lot area in square feet , plus the customer's share of open space in the development, if applicable Base Rate - $0.00 Rate Factor3 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Formula for Estimated Monthly Rates: Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feet4 Monthly Rate = 12,000 x $0.0043527 x Rate Factor plus (Lot Size - 12,000) x $0.0043527 x Rate Factor x 0.25 Rate Factor Table: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) .25 0 - .30 Very Light .4 .31 - .50 Light** .6 .51 - .70 Moderate .8 .71 - .90 Heavy .95 .91-1.0 Very Heavy **typical for residential For further information, please contact Jill White, Utility Fee Rate Specialist, 970-416-2139, jiwhite@fcgov.com 3 See table on next page. 4 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 15.4 Packet Pg. 175 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 9 What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and your property line is within 400 feet of the municipal sewer system you will be required to connect. Septic Systems are solely regulated by Larimer County Department of Health and Environment. If you have any additional questions, please contact the Larimer County Health Department by phone at (970) 498-6700 or visit http://www.co.larimer.co.us/health/ehs/isds.asp. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by Fort Collins Loveland Water District and South Fort Collins Sanitation District (if not currently on septic). For Water and Sewer, please contact the Fort Collins Loveland Water District and the South Fort Collins Sanitation District both of which can be contacted by phone at (970) 226-3104 or visit http://www.fclwd.com/contact/. 15.4 Packet Pg. 176 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 10 Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. The resulting 0.798 mil reduction ($0.80 for every $1,000 in property valuation) in property tax is caused by the replacement of the Poudre Valley Fire District 10.595 mil with the Fort Collins 9.797 mil. Below is a comparison of tax-rates between that the City of Fort Collins and Larimer County. Mill Levy:5 Tax Authority 2018 Fort Collins 2018 Larimer County Poudre R-1 General Fund 38.683 38.683 Larimer County 22.092 22.092 Poudre R-1 Bond Payment 13.947 13.947 Poudre Valley Fire District 0 10.595 Fort Collins6 9.797 0 Poudre River Public Library District 3.000 3.000 Health District of North Larimer County 2.167 2.167 East Larimer County Water District 0 0 Northern Colorado Water Conservation District 1.000 1.000 Larimer County Pest Control District 0.142 0.142 SUBTOTAL 90.828 91.626 Boxelder Sanitation District - - TOTAL 90.828 91.626 5 The mill levy is the “tax rate” that is applied to the assessed value of a property in order to fund a variety of services. One mill is one dollar per $1,000 dollars of assessed valuation. (0.001) 6 The County’s Poudre Fire District Mill Levy is replaced by the City of Fort Collins upon Annexation. The Fort Collins Mill Levy is lower by 0.798 Mill. 15.4 Packet Pg. 177 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 11 Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied.to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Loveland Water District No, sales tax is not assessed to the Fort Collins Loveland Water District. South Fort Collins Sanitation District No, sales tax is not assessed to the South Fort Collins Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 15.4 Packet Pg. 178 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 12 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in odd- numbered years, and that a specific date, June 30th of the year preceding the reappraisal year, be used to benchmark all property values throughout the state. The benchmark, or "level of value,” for this reappraisal cycle is June 30, 2014. For the 2015/2016 reappraisal cycle, Larimer County is using 60 months of data. That means our sales study period extends from July 1, 2009 through June 30, 2014. All sales are trended up or down to the level of value date, June 30, 2014, depending on market factors in the different areas of Larimer County. For 2016, only owners that saw a change in value or ownership from the previous year were mailed a notice with the new value and have the option to protest online. The majority of property values do not change in even numbered years because Colorado is on a two-year reappraisal cycle. If you do not have the Notice of Value you may complete and mail a 2015 Protest Form to our office no later than June 1, 2016. Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by email or taken over the phone. Properties that are appealed during our protest period will be reviewed and a Notice of Determination will be sent to those property owners on June 30, 2016. If you are satisfied with the value after this review, the process ends and your tax will be based on the value reflected in the notice of determination. If you disagree with the Assessor's decision, the next step will be to file an appeal with the County Board of Equalization. More details will be provided in the Notice of Determination that will be sent June 30, 2016. What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2018: State of Colorado 2.9% Larimer County 0.55% Total Sales Tax (Larimer County) 3.45% City of Fort Collins 3.85% 3.85% Tax includes • 2.25% Base Rate • .25% Community Capital Improvement Program (Expires 2025) • .25% Street Maintenance (Expires 2025) • .25% Open Space (Expires 2030). • .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.30% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Tiana Smith, tjsmith@fcgov.com 15.4 Packet Pg. 179 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 13 Other City Regulations & Information How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 4-72. - Minimum size of pasture area for horses or ponies. Horses or ponies may be kept for the use of occupants of a lot and their guests provided that at least one-half (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / Horse7 How many chickens and roosters can I have on my property? • May keep up to 8 chicken hens • No roosters Will our cat need to be registered when we are in the City of Fort Collins? Yes. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require all cats and dogs be registered. Larimer County and Timnath require the registration of dogs only. Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the application and provide the required fee(s). Fees are as follows: Animals 4 months to one year of age: $12.00 Animals 1 year and older, spayed or neutered: $12.00 Animals 1 year and older, not spayed or neutered: $35.00 Fees for Senior Citizen pet guardians (age 62 and older): Animals under one year of age: $5.00 Animals 1 year and older, spayed or neutered: $5.00 Animals 1 year and older not spayed or neutered: $35.00 Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to purchase a voluntary Cat License for $5.00. Replacement tags are $2.50. For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension 201 or visit www.larimerhumane.org 7 If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required. 15.4 Packet Pg. 180 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 14 Is a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long-Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? • Faster police response time • Voting for a Mayor and Council Member (District 1) • Less Expensive Electric Rates • Urban level services • Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. 15.4 Packet Pg. 181 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) 15 What is Neighborhood Services? Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, including: • Assistance in organizing your neighborhood or meeting facilitation, • Free use of our copier for a neighborhood newsletters or fliers, • A Neighborhood Grant Program for help financially with big projects or events, • An Adopt-A-Neighbor Program for residents who need help shoveling snow, • Helpful wording for common neighborhood letters or emails, • A free, bimonthly e-newsletter called Neighborhood News with articles for your newsletter, and • Free welcome bags for new neighbors. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://www.fcgov.com/contactus/ you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. 15.4 Packet Pg. 182 Attachment: Kechter Enclave FAQ (7319 : Kechter Enclave Annexation) -1- RESOLUTION 2018-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE KECHTER ENCLAVE ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, the City Council intends to annex the following described property, to be known as the Kechter Enclave Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8 TO BEAR S00°24'33"W, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE, S00°24'33"W, A DISTANCE OF 827.41 FEET; THENCE N89°35'27"W, A DISTANCE OF 30.00 FEET TO THE POINT OF INTERSECTION OF THE WEST LINE OF FOSSIL LAKE ANNEXATION NO. 3 AND THE EASTERLY LINE OF THE KECHTER FARM ANNEXATION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID KECHTER FARM ANNEXATION THE FOLLOWING FIFTEEN (15) COURSES: 1. N89°35'27"W, A DISTANCE OF 23.94 FEET; 2. N89°35’22"W, A DISTANCE OF 50.00 FEET; 3. N86°30'46"W, A DISTANCE OF 42.27 FEET; Packet Pg. 183 -2- 4. N77°25'50"W, A DISTANCE OF 39.96 FEET; 5. N68°25'31"W, A DISTANCE OF 39.96 FEET; 6. N59°25’12"W, A DISTANCE OF 39.96 FEET; 7. N50°24'53"W, A DISTANCE OF 39.96 FEET; 8. N41°24'35"W, A DISTANCE OF 39.96 FEET; 9. N32°24’04"W, A DISTANCE OF 42.66 FEET; 10. N29°48’44"W, A DISTANCE OF 251.66 FEET; 11. N33°51’05"W, A DISTANCE OF 53.54 FEET; 12. N37°58’01"W, A DISTANCE OF 53.54 FEET; 13. N51°11’37"E, A DISTANCE OF 185.49 FEET; 14. N00°16'33"E, A DISTANCE OF 457.21 FEET; 15. S89°43’18"E, A DISTANCE OF 354.73 FEET TO A POINT ON THE WEST LINE OF SAID ANNEXATION NO. 3; THENCE ALONG SAID WEST LINE, S00°16'33"W, A DISTANCE OF 187.68 FEET; THENCE CONTINUING ALONG SAID WEST LINE, S00°24'33"W, A DISTANCE OF 827.37 FEET TO THE POINT OF BEGINNING. CONTAINING 365,884 SQUARE FEET (8.400 ACRES), MORE OR LESS Section 3. That the City Council hereby initiates enclave annexation proceedings for the above-described property. Section 4. That the Notice attached hereto is adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 184 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2018-109 initiating annexation proceedings for the Kechter Enclave Annexation, consisting of approximately 8.4 acres and generally located in southeast Fort Collins between Trilby Road and Fossil Creek Reservoir, abutting Ziegler Road to the east, said Annexation being more particularly described in Resolution 2018-109. That, on January 15, 2019, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District. 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. Dated this _____ day of _______________, A.D. 2018. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 185 Attachment: Exhibit A (7328 : Kechter Enclave Annexation RESO) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2018-110 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Strauss Cabin Enclave Annexation. EXECUTIVE SUMMARY This is a City-initiated request to annex a 35.036-acre enclave consisting of eight parcels into the City of Fort Collins. The subject parcels became an enclave with the annexation of the Riverwalk Annexation on October 27, 2009. As of October 27, 2012, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Strauss Cabin Enclave Annexation is located in southeast Fort Collins, abuts Kechter Road to the south and is bisected by Strauss Cabin Road. The eight parcels contain a combination of single-family, agricultural, and institutional uses. The proposed zoning for this annexation is Urban Estate (U-E), which will require a separate item to amend the Structure Plan for the properties on the east side of Strauss Cabin Road. The surrounding properties are existing single-family residences, a City of Fort Collins Natural Area and an undeveloped property to the east referred to as H25. The proposed Resolution makes a finding that the properties have has been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 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 Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is an involuntary enclave annexation of eight parcels located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. In addition to the policies contained within the IGA, the City of Fort Collins has a long-standing history of annexing property that becomes eligible within the GMA in order to maintain the community's vision as outlined in the City’s Comprehensive Plan. 16 Packet Pg. 186 Agenda Item 16 Item # 16 Page 2 The Strauss Cabin Enclave Annexation is an eight-parcel enclave that was surrounded by the City of Fort Collins upon the annexation of the Riverwalk Annexation on October 27, 2009. The Strauss Cabin Enclave Annexation is located in southeast Fort Collins, abuts Kechter Road to the south and is bisected by Strauss Cabin Road. The eight parcels contain a combination of single-family, agricultural, and institutional uses. Below is a list of the eight-parcels contained within the enclaved area: # Property Address Parcel Number Acres Current Land Use 1 4000 Kechter Road 8604000014 5 Single-family detached, Agriculture 2 5505 S County Road 7 8604000013 5 Single-family detached, Agriculture 3 5425 S County Road 7 8604000020 5 Single-family detached, Agriculture 4 5335 S County Road 7 8604000026 4.76 Single-family detached, Agriculture 5 5236 Strauss Cabin Road 8603000013 1.82 Place of worship or assembly 6 5416 S County Road 7 A 8603307701 3.3 Single-family detached 7 5416 S County Road 7 B 8603307702 3 Unimproved Land 8 5550 S County Road 7 8603005702 4.4 Single-family residence; Agriculture CITY FINANCIAL IMPACTS There are no financial impacts associated with the Initiating Resolution for the annexation and zoning of the Strauss Cabin Enclave Annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation, zoning and structure plan amendment on December 20, 2018. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on January 15, 2019. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on September 26, 2018, City staff held a stakeholder meeting to answer questions and inform PVREA and residents of the Kechter and Strauss Cabin enclave annexations of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, Neighborhood Services and Utilities were present to explain any potential difference in electrical rates, services, zoning and infrastructure. Attachment 4 is a FAQ sheet provided to residents who attended the meeting. Additionally, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation, they are: 1. Posting ‘Development Proposal Under Review’ sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An email newsletter called 'This Week in Development Review' is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. 16 Packet Pg. 187 Agenda Item 16 Item # 16 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Strauss Cabin Enclave FAQ (PDF) 16 Packet Pg. 188 Kechter Rd Strauss Cabin Rd E County Road 36 S County Road 7 R ock C ree k Dr Big Dipper Dr Full Moon Dr N o rthern L ights Dr Sunglow Ct Big Canyon Dr Sk y Gaz e r Ln S County Road 7 Eclipse L n Kep l e r D r Daylig h t Ct Oak Shadow Way Wil d Elm Wa y Little D ipper Dr Galileo Dr Observatory Dr Cosmos Ln Elementary Zach © Strauss Cabin VicinityAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 1 16.1 Packet Pg. 189 Attachment: Vicinity Map (7320 : Strauss Cabin Enclave Annexation) Kechter Rd Strauss Cabin Rd E County Road 36 S County Road 7 R ock C ree k Dr Big Dipper Dr Full Moon Dr N o rthern L ights Dr Sunglow Ct Big Canyon Dr Sk y Gaz e r Ln S County Road 7 Eclipse L n Kep l e r D r Daylig h t Ct Oak Shadow Way Wil d Elm Wa y Little D ipper Dr Galileo Dr Observatory Dr Cosmos Ln Elementary Zach UE T T RUL LMN POL © Strauss Cabin ZoningAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 2 Kechter Rd Strauss Cabin Rd E County Road 36 S County Road 7 R ock C ree k Dr Big Dipper Dr Full Moon Dr N o rth e rn Lig hts D r Sunglow Ct Big Canyon Dr Sk y Gaz e r Ln S County Road 7 Eclipse Ln Kep l e r D r Daylig h t Ct Oak Shadow Way Wil d Elm Wa y Little D ipper Dr Galileo Dr Observatory Dr Cosmos Ln Low MixeDde-nsityUse Residential Urban Estate ORpureanl Lands Rural andLands Open Stream Corridors Elementary Zach © Strauss StructureAnnexation Cabin Enclave Plan Map 1 Strauss Cabin & Kechter Enclave - FAQ Contents Intergovernmental Agreements ..................................................................................................................................2 Does Larimer County have anything to say about enclave annexations? .............................................................2 Enclave .......................................................................................................................................................................2 What is an enclave? ...............................................................................................................................................2 How is it that our properties became enclaves? ....................................................................................................2 What is an enclave annexation? ............................................................................................................................2 Is it normal for the City of Fort Collins to annex properties after the three-year period? .......................................3 Can you give us a recent example of an enclave annexation?..............................................................................3 How long will the annexation process take? ..........................................................................................................3 Zoning and Land Use .................................................................................................................................................3 What about City zoning? ........................................................................................................................................3 What if I am a legal existing use in Larimer County but not in the City of Fort Collins? ........................................3 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? .3 Utility Services ............................................................................................................................................................4 Why should we be responsible for this when the City of Fort Collins is annexing us unwillingly? .........................4 How will our electric service change over to City Light & Power? .........................................................................4 What about solar rebates? .....................................................................................................................................5 Will the tax on our phone bill change? ...................................................................................................................5 What is the difference between Fort Collins Light and Power and REA rates? .....................................................5 What is the Stormwater Fee? .................................................................................................................................7 What if my property is on septic? How will being part of the City of Fort Collins affect me? .................................9 Will my water or wastewater services change because of the annexation? ..........................................................9 Taxes ....................................................................................................................................................................... 10 How will our property taxes change? .................................................................................................................. 10 Will we be charged additional tax on our utility bills? .......................................................................................... 11 How will the assessor determine the value of our property? .............................................................................. 11 What is the difference between City sales tax and County sales tax? ............................................................... 12 Other City Regulations & Information ...................................................................................................................... 13 How many horses per acre are you allowed to have in the City as compared to the County? .......................... 13 How many chickens and roosters can I have on my property? .......................................................................... 13 Will our cat need to be registered when we are in the City of Fort Collins? ....................................................... 13 ATTACHMENT 4 16.4 Packet Pg. 192 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 2 Is a wood burning stove permitted inside the City of Fort Collins? ..................................................................... 14 Will the school boundaries change and if so who is responsible for that change? ............................................. 14 What are some of the upsides of being annexed into the City of Fort Collins? .................................................. 14 What is Neighborhood Services? ........................................................................................................................ 15 What is the best way for me to contact the City of Fort Collins? ........................................................................ 15 Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. Enclave What is an enclave? An enclave is a property, or group of properties, that are in unincorporated Larimer County but, due to urban growth and development are now surrounded by the City of Fort Collins municipal boundary. How is it that our properties became enclaves? The properties contained within the Strauss Cabin annexation area became an enclave through a combination of five (5) previous annexations that happened between 2000-2009: • Strauss Cabin Enclave is approximately 30 acres in size, contains 8 parcels and a combination of residential, agriculture and institutional land uses. The Kechter Enclave contains a single property and became an enclave through a combination of three (3) previous annexations that happened between 2002 and 2014 • Kechter Enclave is approximately 8 acres in size, contains a single parcel and primary uses consist of residential and agricultural land uses. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. 16.4 Packet Pg. 193 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 3 Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totaling 1,603 acres (2.7 square miles) that were phased in over time and were adopted by City Council between 2006 and 2013. How long will the annexation process take? Typically, an annexation process takes between 3 and 4 months once the annexation process is initiated. Zoning and Land Use What about City zoning? The requested zoning district for the Kechter Enclave annexation is in conformance with the City’s Structure Plan and Fossil Creek Reservoir Area Plan Land-Use Framework Maps. However, because the conditions have changed considerably since the City’s 2011 comprehensive plan update and the City will be recommending a Structure Plan Amendment to change the recommended zoning on the west side of Strauss Cabin Rd from Urban Estate to Low Density Mixed-Use Neighborhood and the zoning on the east side of Strauss Cabin Road from Rural Lands to Urban Estate. Once the property was annexed into the City, Larimer County zone districts would be replaced with City of Fort Collins zone districts. What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in however if the nonconforming use is discontinued for 24 consecutive months the nonconforming use is then considered “abandoned” and will not be able to continue. To find more information on nonconforming uses and structures visit Division 1.5 in the City of Fort Collins Land Use Code. https://www.municode.com/library/co/fort_collins/codes/land_use What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, in some cases the City will preempt a private covenant as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 16.4 Packet Pg. 194 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 4 Utility Services All properties are served by Poudre Valley REA and once annexed, will be switched over to Municipal Light and Power (likely during future development or redevelopment of any property within the enclave). The eventual switch will require the customer to pay a 25% pass-through electric surcharge. Why should we be responsible for this when the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the Rural Electric Association 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. Background: In 1988, the various REA’s in Colorado had a state statute approved by the legislature requiring municipal electric utilities to pay what is called a “service rights fee” to the local REA when provision of electric service is changed. This statute requires municipal electric utilities that transfer electric service after an annexation to pay the local REA 25% of all revenue from existing customers (5% for new customers) starting on the date of electric transfer for a period of 10 years. The REA perspective is that this pays for their lost revenue. The municipal utility perspective is it is an attempt to discourage transferring electric customers to the municipal utility. Some municipal utilities in Colorado choose to absorb the service rights fee. Fort Collins Light & Power, at the direction of City Council, passes this expense on to the transferred customers. Fort Collins Light & Power also purchases the REA infrastructure in addition to the service rights fee. This infrastructure purchase cost is not passed on to the annexed customers. For further information, please contact Phil Ladd, Utilities Financial Operations Manager, 970-221-6751 or pladd@fcgov.com How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. Currently, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. A new smart meter will replace the existing meter in the same location at the time of service transfer. If you would like to change the location of the meter, Light and Power staff will work with you to extend or relocate the secondary service wire on a time and materials basis. Otherwise, the new meter will be installed into the existing socket. Light and Power staff will contact you once the project has been assigned to a Project Manager. In addition, you will be contacted by the Crew Chief prior to the service being transferred. There will be an electrical shut down for about one to two hours while the new system is installed. If you have any questions regarding the electrical changeover, please contact Janet McTague, 224-6154, jmctague@fcgov.com 16.4 Packet Pg. 195 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 5 What about solar rebates? Currently, rebates are available for approximately 300 residential customers and multiple projects up to 1- megawatt total for commercial customers. You will receive full credit for the electricity generated by your PV system through our net metering program (see rates here). Information about federal tax incentives is available at Energy Star and the Solar Energy Industries Association. Available Rebates1 Residential: up to $1,500 Commercial: up to $100,000 Application Timeline Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, 2017 Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. Poudre Valley REA has several variable fee structures that include both a set rates and On Peak/Off Peak rates, the City of Fort Collins Utilities, is transitioning to On-Peak/Off-Peak electric pricing for all residential customers in October 2018 (prices will be reflected on November bills). With TOD pricing, when you use electricity is as important as how much electricity you use. The price you pay changes based on the time of day, the day of the week and the season, and includes off-peak and on-peak hours. Off-peak hours cost approximately 30 percent less than current electric rates with higher prices during on-peak hours. More than 80 percent of the time, the price will be going down. This transition is a rate structure change and not a rate increase. What this means is how you are billed for your electric use is changing. Fort Collins Utilities does not anticipate additional revenue. It will take a comparison of your current PVREA bill to determine how kWh rates will change according to your current structure. The graphic below describes how the new On-Peak/Off-Peak rates will be assessed. 1 Rebate amounts are based on a $0.50/Watt, 20-year Renewable Energy Credit (REC) purchase 16.4 Packet Pg. 196 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 6 16.4 Packet Pg. 197 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 7 TOD has two levels of pricing: off-peak and on-peak, and two seasons: non-summer and summer. Off-peak hours cost approximately 30 percent less than current electric rates with higher prices during on-peak hours. Price comparison of average TOD pricing to current electric rates. • Off-peak hours: 19-20 hours each weekday (depending on the season), all weekend hours and major holidays* o More than 80 percent of the time, the price you pay for electricity will be going down. • On-peak non-summer (October-April) hours: 5-9 p.m., weekdays only • On-peak summer (May-September) hours: 2-7 p.m., weekdays only Lower off-peak prices offer an incentive to shift a portion of your electric use from the more expensive on-peak hours, which can help you save money and reduce strain on the electric grid. The city of Fort Collins Utilities Department has created a Time-of-Day Price Estimator that can help you determine how your monthly bill may change. Please visit https://www.fcgov.com/utilities/tod-estimator/ for more information. What is the Stormwater Fee? Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on impervious surface and lot size. Below is an example calculation of a stormwater fee for Example: Address Estimated Lot SF Estimated Impervious Surface Estimated 2017 Monthly Fee2 2521 Kechter Rd 218,745 SF (5.02 Acres) 3,484 SF $16.75 2 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 16.4 Packet Pg. 198 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 8 Formula: Lot Size - lot area in square feet , plus the customer's share of open space in the development, if applicable Base Rate - $0.00 Rate Factor3 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Formula for Estimated Monthly Rates: Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feet4 Monthly Rate = 12,000 x $0.0043527 x Rate Factor plus (Lot Size - 12,000) x $0.0043527 x Rate Factor x 0.25 Rate Factor Table: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) .25 0 - .30 Very Light .4 .31 - .50 Light** .6 .51 - .70 Moderate .8 .71 - .90 Heavy .95 .91-1.0 Very Heavy **typical for residential For further information, please contact Jill White, Utility Fee Rate Specialist, 970-416-2139, jiwhite@fcgov.com 3 See table on next page. 4 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 16.4 Packet Pg. 199 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 9 What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and your property line is within 400 feet of the municipal sewer system you will be required to connect. Septic Systems are solely regulated by Larimer County Department of Health and Environment. If you have any additional questions, please contact the Larimer County Health Department by phone at (970) 498-6700 or visit http://www.co.larimer.co.us/health/ehs/isds.asp. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by Fort Collins Loveland Water District and South Fort Collins Sanitation District (if not currently on septic). For Water and Sewer, please contact the Fort Collins Loveland Water District and the South Fort Collins Sanitation District both of which can be contacted by phone at (970) 226-3104 or visit http://www.fclwd.com/contact/. 16.4 Packet Pg. 200 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 10 Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. The resulting 0.798 mil reduction ($0.80 for every $1,000 in property valuation) in property tax is caused by the replacement of the Poudre Valley Fire District 10.595 mil with the Fort Collins 9.797 mil. Below is a comparison of tax-rates between that the City of Fort Collins and Larimer County. Mill Levy:5 Tax Authority 2018 Fort Collins 2018 Larimer County Poudre R-1 General Fund 38.683 38.683 Larimer County 22.092 22.092 Poudre R-1 Bond Payment 13.947 13.947 Poudre Valley Fire District 0 10.595 Fort Collins6 9.797 0 Poudre River Public Library District 3.000 3.000 Health District of North Larimer County 2.167 2.167 East Larimer County Water District 0 0 Northern Colorado Water Conservation District 1.000 1.000 Larimer County Pest Control District 0.142 0.142 SUBTOTAL 90.828 91.626 Boxelder Sanitation District - - TOTAL 90.828 91.626 5 The mill levy is the “tax rate” that is applied to the assessed value of a property in order to fund a variety of services. One mill is one dollar per $1,000 dollars of assessed valuation. (0.001) 6 The County’s Poudre Fire District Mill Levy is replaced by the City of Fort Collins upon Annexation. The Fort Collins Mill Levy is lower by 0.798 Mill. 16.4 Packet Pg. 201 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 11 Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied.to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Loveland Water District No, sales tax is not assessed to the Fort Collins Loveland Water District. South Fort Collins Sanitation District No, sales tax is not assessed to the South Fort Collins Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 16.4 Packet Pg. 202 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 12 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in odd- numbered years, and that a specific date, June 30th of the year preceding the reappraisal year, be used to benchmark all property values throughout the state. The benchmark, or "level of value,” for this reappraisal cycle is June 30, 2014. For the 2015/2016 reappraisal cycle, Larimer County is using 60 months of data. That means our sales study period extends from July 1, 2009 through June 30, 2014. All sales are trended up or down to the level of value date, June 30, 2014, depending on market factors in the different areas of Larimer County. For 2016, only owners that saw a change in value or ownership from the previous year were mailed a notice with the new value and have the option to protest online. The majority of property values do not change in even numbered years because Colorado is on a two-year reappraisal cycle. If you do not have the Notice of Value you may complete and mail a 2015 Protest Form to our office no later than June 1, 2016. Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by email or taken over the phone. Properties that are appealed during our protest period will be reviewed and a Notice of Determination will be sent to those property owners on June 30, 2016. If you are satisfied with the value after this review, the process ends and your tax will be based on the value reflected in the notice of determination. If you disagree with the Assessor's decision, the next step will be to file an appeal with the County Board of Equalization. More details will be provided in the Notice of Determination that will be sent June 30, 2016. What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2018: State of Colorado 2.9% Larimer County 0.55% Total Sales Tax (Larimer County) 3.45% City of Fort Collins 3.85% 3.85% Tax includes • 2.25% Base Rate • .25% Community Capital Improvement Program (Expires 2025) • .25% Street Maintenance (Expires 2025) • .25% Open Space (Expires 2030). • .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.30% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Tiana Smith, tjsmith@fcgov.com 16.4 Packet Pg. 203 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 13 Other City Regulations & Information How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 4-72. - Minimum size of pasture area for horses or ponies. Horses or ponies may be kept for the use of occupants of a lot and their guests provided that at least one-half (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / Horse7 How many chickens and roosters can I have on my property? • May keep up to 8 chicken hens • No roosters Will our cat need to be registered when we are in the City of Fort Collins? Yes. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require all cats and dogs be registered. Larimer County and Timnath require the registration of dogs only. Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the application and provide the required fee(s). Fees are as follows: Animals 4 months to one year of age: $12.00 Animals 1 year and older, spayed or neutered: $12.00 Animals 1 year and older, not spayed or neutered: $35.00 Fees for Senior Citizen pet guardians (age 62 and older): Animals under one year of age: $5.00 Animals 1 year and older, spayed or neutered: $5.00 Animals 1 year and older not spayed or neutered: $35.00 Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to purchase a voluntary Cat License for $5.00. Replacement tags are $2.50. For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension 201 or visit www.larimerhumane.org 7 If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required. 16.4 Packet Pg. 204 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 14 Is a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long-Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? • Faster police response time • Voting for a Mayor and Council Member (District 1) • Less Expensive Electric Rates • Urban level services • Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. 16.4 Packet Pg. 205 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) 15 What is Neighborhood Services? Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, including: • Assistance in organizing your neighborhood or meeting facilitation, • Free use of our copier for a neighborhood newsletters or fliers, • A Neighborhood Grant Program for help financially with big projects or events, • An Adopt-A-Neighbor Program for residents who need help shoveling snow, • Helpful wording for common neighborhood letters or emails, • A free, bimonthly e-newsletter called Neighborhood News with articles for your newsletter, and • Free welcome bags for new neighbors. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://www.fcgov.com/contactus/ you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. 16.4 Packet Pg. 206 Attachment: Strauss Cabin Enclave FAQ (7320 : Strauss Cabin Enclave Annexation) -1- RESOLUTION 2018-110 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE STRAUSS CABIN ENCLAVE ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, the City Council intends to annex the following described property, to be known as the Strauss Cabin Enclave Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, THE NORTHEAST QUARTER OF SECTION 9, AND THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 4, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO BEAR S01°49'10"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N88°36'06"W, A DISTANCE OF 30.05 FEET; THENCE S01°49'10"E, A DISTANCE OF 493.33 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF THE RIVERWALK ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING EIGHT (8) COURSES: 1. N88°10'50"E, A DISTANCE OF 65.00 FEET; 2. S17°13'48"E, A DISTANCE OF 642.38 FEET; Packet Pg. 207 -2- 3. S01°50'02"W, A DISTANCE OF 208.47 FEET; 4. S23°39'02"E, A DISTANCE OF 631.96 FEET; 5. S32°46'32"E, A DISTANCE OF 144.50 FEET; 6. S01°46'32"E, A DISTANCE OF 289.41 FEET; 7. S09°16'32"E, A DISTANCE OF 283.78 FEET; 8. S00°55'24"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE NORTH BOUNDARY OF THE EAGLE VIEW NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH BOUNDARY, N89°04'36"W, A DISTANCE OF 506.64 FEET TO THE SOUTHEAST CORNER OF THE THIRD TRACT DESCRIBED IN EMERGENCY ORDINANCE NO. 130, 2008, BY WHICH SAID TRACT WAS DISCONNECTED FROM THE CITY; THENCE ALONG THE SOUTH AND WEST BOUNDARIES OF SAID TRACT THE FOLLOWING TWO (2) COURSES: 1. N89°04'36"W, A DISTANCE OF 59.02 FEET; 2. N01°48'47"W, A DISTANCE OF 60.56 FEET TO A POINT ON THE NORTH BOUNDARY OF THE McCLELLAND’S CREEK PD & PLD SECOND FILING ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH BOUNDARY, N88°11'39"W, A DISTANCE OF 633.99 FEET TO A POINT ON THE EAST BOUNDARY OF THE WILLOW BROOK SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST BOUNDARY, N01°44'57"W, A DISTANCE OF 1,240.70 FEET TO THE SOUTHWEST CORNER OF THE OLD OAK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE SOUTH BOUNDARY OF SAID OLD OAK ESTATES ANNEXATION, S88°11'41"E, A DISTANCE OF 632.47 FEET TO THE SOUTHWEST CORNER OF THE SECOND TRACT DESCRIBED IN SAID EMERGENCY ORDINANCE NO. 130, 2008; THENCE ALONG THE WEST BOUNDARY OF SAID TRACT, N01°49'10"W, A DISTANCE OF 850.17 FEET TO THE POINT OF BEGINNING. CONTAINING 1,526,187 SQUARE FEET (35.036 ACRES), MORE OR LESS Section 3. That the City Council hereby initiates enclave annexation proceedings for the above-described property. Section 4. That the Notice attached hereto is adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Packet Pg. 208 -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 209 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2018-110 initiating annexation proceedings for the Strauss Cabin Enclave Annexation, consisting of approximately 35.036 acres and generally located in southeast Fort Collins, abutting Kechter Road to the south and is bisected by Strauss Cabin Road, said Annexation being more particularly described in Resolution 2018-110. That, on January 15, 2019, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Urban Estate (“U-E”) Zone District. 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. Dated this _____ day of _______________, A.D. 2018. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 210 Attachment: Exhibit A (7332 : Strauss Cabin Enclave Annexation RESO) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2018-111 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Friendly Fire Enclave Annexation. EXECUTIVE SUMMARY This is a City-initiated request to annex a 2.057-acre enclave consisting of three parcels into the City of Fort Collins. The subject parcels became an enclave with the annexation of the Forney Annexation on September 18, 2012. As of September 18, 2015, the City was authorized to annex the enclave by ordinance in accordance with Colorado Revised Statutes § 31-12-106. The Friendly Fire Enclave Annexation is located in northwest Fort Collins, abuts Laporte Avenue to the south between North Bryan Avenue and Grandview Avenue. The three parcels contain a combination of single-family, commercial, and industrial uses. The proposed zoning for this annexation is Limited Commercial (C-L). The surrounding properties are existing commercial and residential land uses. The proposed Resolution makes a finding that the properties have been completely contained within the boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 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 Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is an involuntary enclave annexation of three parcels located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. In addition to the policies contained within the IGA, the City of Fort Collins has a long-standing history of annexing property that becomes eligible within the GMA in order to maintain the community's vision as outlined in the City’s Comprehensive Plan. 17 Packet Pg. 211 Agenda Item 17 Item # 17 Page 2 The Friendly Fire Enclave Annexation is a three-parcel enclave that was surrounded by the City of Fort Collins upon the annexation of the Forney Annexation on September 18, 2012. The Friendly Fire Enclave Annexation is located in northwest Fort Collins abuts Laporte Avenue to the north between North Bryan Avenue and Grandview Avenue. The three parcels contain a combination of single-family, commercial, and industrial uses. Below is a list of the three-parcels contained within the enclaved area: # Property Address Parcel Number Acres Current Land Use 1 1760 Laporte Avenue 9710200065 1.09 Warehouse, place of worship & upholstery 2 1802 Laporte Avenue 9710200061 .96 Commercial, residential 3 1804 Laporte Avenue 9710200010 .2 Single-family detached CITY FINANCIAL IMPACTS There are no financial impacts associated with the Initiating Resolution for the annexation and zoning of the Friendly Fire Enclave Annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation, zoning on December 20, 2018. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on January 15, 2019. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on October 11, 2018, City staff held a stakeholder meeting to answer questions and inform residents and owners of property within the Friendly Fire Enclave Annexation of any changes that may result from annexing into the City. However, no one was in attendance for the meeting. Subsequent to the meeting staff followed up with one property owner over-the-phone and sent a FAQ sheet Attachment 4. Additionally, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation, they are: 1. Posting ‘Development Proposal Under Review’ sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An email newsletter called 'This Week in Development Review' is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Friendly Fire Enclave FAQ (PDF) 17 Packet Pg. 212 Laporte Ave W Mountain Ave S BAvryean Richards Pl Maple St Collins Ct Layland Ct N Bryan Ave Frey Ave Grandview Ave W Mountain Ave Grandview Cemetery City GolfNine Park Course City Park © Friendly Fire VicinityAnnexation Enclave Map 1 inch = 208 feet Site ATTACHMENT 1 17.1 Packet Pg. 213 Attachment: Vicinity Map (7322 : Friendly Fire Enclave Annexation) Laporte Ave W Mountain Ave S BAvryean Richards Pl Maple St Collins Ct Layland Ct N Bryan Ave Frey Ave Grandview Ave W Mountain Ave Grandview Cemetery City GolfNine Park Course City Park POL T LMN LMN RL NCL © Friendly Fire ZoningAnnexation Enclave Map 1 inch = 208 feet Site ATTACHMENT 2 17.2 Packet Pg. 214 Attachment: Zoning Map (7322 : Friendly Fire Enclave Annexation) Laporte Ave W Mountain Ave S BAvryean Richards Pl Maple St Collins Ct Layland Ct N Bryan Ave Frey Ave Grandview Ave W Mountain Ave Low Density ResideUntsiael Mixed- CoCmomrriedrocrial District LandsOpen Rural and Stream Corridors GCreamndevteierwy City GolfNine Park Course City Park © Friendly StructureAnnexation Fire Enclave Plan Map 1 inch = 208 feet Site ATTACHMENT 3 17.3 Packet Pg. 215 Attachment: Structure Plan Map (7322 : Friendly Fire Enclave Annexation) 1 Friendly Fire Enclave Annexation - FAQ Contents Enclave .......................................................................................................................................................................3 What is an enclave? ...............................................................................................................................................3 How is it that our properties became enclaves? ....................................................................................................3 What is an enclave annexation? ............................................................................................................................3 Is it normal for the City of Fort Collins to annex properties after the three-year period? .......................................3 Can you give us a recent example of an enclave annexation?..............................................................................3 How long will the annexation process take? ..........................................................................................................3 Intergovernmental Agreements ..................................................................................................................................4 Does Larimer County have anything to say about enclave annexations? .............................................................4 Zoning and Land Use .................................................................................................................................................5 What about City zoning? ........................................................................................................................................5 What if I am a legal existing use in Larimer County but not in the City of Fort Collins? ........................................5 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? .5 Utility Services ............................................................................................................................................................6 How will our electric service change? ....................................................................................................................6 What about solar rebates? .....................................................................................................................................6 Will the tax on our phone bill change? .................................................................. Error! Bookmark not defined. What is the Stormwater Fee? .................................................................................................................................7 What if my property is on septic? How will being part of the City of Fort Collins affect me? .................................8 Will my water or wastewater services change because of the annexation? ..........................................................8 Taxes ..........................................................................................................................................................................9 What will I pay sales tax on when my residence becomes annexed into the City? ...............................................9 Business Tax ..........................................................................................................................................................9 Do I need a City of Fort Collins Sales and Use Tax/Business License? ...............................................................9 Are there any other City licenses I should obtain? .................................................................................................9 What are the requirements for renting a room in a house or the entire home? .....................................................9 What type of City of Fort Collins tax applies to my business? ...............................................................................9 Are there any types of sales that are exempt from tax? ..................................................................................... 10 Do I owe use tax on business equipment I owned prior to becoming annexed into the City? ............................ 10 Would use tax be due on inventory I have on hand that is for resale to a customer. ......................................... 10 What if I am tax exempt as a religious, charitable or government organization? ............................................... 10 ATTACHMENT 4 17.4 Packet Pg. 216 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 2 Additional Resources: ......................................................................................................................................... 10 How will our property taxes change? .................................................................................................................. 11 Will we be charged additional tax on our utility bills? .......................................................................................... 12 What are Payment in Lieu of Taxes (PILOTs) and how do they affect utilities customers? ............................... 12 How will the assessor determine the value of our property? .............................................................................. 12 What is the difference between City sales tax and County sales tax? ............................................................... 13 Other City Regulations & Information ...................................................................................................................... 14 How many horses per acre are you allowed to have in the City as compared to the County? .......................... 14 How many chickens and roosters can I have on my property? .......................................................................... 14 Will our cat need to be registered when we are in the City of Fort Collins? ....................................................... 14 Is a wood burning stove permitted inside the City of Fort Collins? ..................................................................... 15 Will the school boundaries change and if so who is responsible for that change? ............................................. 15 What are some of the upsides of being annexed into the City of Fort Collins? .................................................. 15 What is Neighborhood Services? ........................................................................................................................ 16 What is the best way for me to contact the City of Fort Collins? ........................................................................ 16 17.4 Packet Pg. 217 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 3 Enclave What is an enclave? An enclave is a property, or group of properties, that are in unincorporated Larimer County but, due to urban growth and development are now surrounded by the City of Fort Collins municipal boundary. How is it that our properties became enclaves? The properties contained within the Friendly Fire annexation area became an enclave through a combination of four (4) previous annexations that happened between 1925-2012: • Friendly Fire Enclave is approximately 1.8 acres in size, contains 4 parcels and a combination of residential and commercial land uses. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totaling 1,603 acres (2.7 square miles) that were phased in over time and adopted by City Council between 2006 and 2013. How long will the annexation process take? Typically, an annexation process takes between 3 and 4 months once the annexation process is initiated. 17.4 Packet Pg. 218 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 4 Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. 17.4 Packet Pg. 219 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 5 Zoning and Land Use What about City zoning? The requested zoning district for the Friendly Fire Enclave annexation is Limited Commercial (C-L) which is in conformance with the City’s Structure Plan and Northwest Subarea Plan Land-Use Framework Maps. Once the property is annexed into the City, Larimer County zone districts would be replaced with City of Fort Collins zone districts. What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in however if the nonconforming use is discontinued for 24 consecutive months the nonconforming use is then considered “abandoned” and will not be able to continue. To find more information on nonconforming uses and structures visit Division 1.5 in the City of Fort Collins Land Use Code. https://www.municode.com/library/co/fort_collins/codes/land_use What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, in some cases the City will preempt a private covenant as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 17.4 Packet Pg. 220 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 6 Utility Services How will our electric service change? All properties within the Friendly Fire Enclave are already served by Municipal Light and Power and all other service will remain the same after annexation. What about solar rebates? Currently, rebates are available for approximately 300 residential customers and multiple projects up to 1- megawatt total for commercial customers. You will receive full credit for the electricity generated by your PV system through our net metering program (see rates here). Information about federal tax incentives is available at Energy Star and the Solar Energy Industries Association. Available Rebates1 Residential: up to $1,500 Commercial: up to $100,000 Application Timeline Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, 2017 1 Rebate amounts are based on a $0.50/Watt, 20-year Renewable Energy Credit (REC) purchase 17.4 Packet Pg. 221 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 7 What is the Stormwater Fee? Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on impervious surface and lot size. Below is an example calculation of a stormwater fee for Example of Monthly Fees: Address Estimated Lot SF Rate Factor Estimated 2018 Monthly Fee2 1804 Laporte Ave 8,500 SF 0.25 (Very Light) $14 1802 Laporte Ave 41,800 SF 0.4 (Light) $72 1760 Laporte Ave 47,605 SF 0.8 (Heavy) $165 Monthly fee = (lot or parcel area) × (rate factor) × (base) The base rate for the stormwater utility fee shall be $0.0043526 per square foot per month for all areas of the City. Formula: Lot Size - lot area in square feet, plus the customer's share of open space in the development, if applicable Base Rate - $0.00 Rate Factor3 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Formula for Estimated Monthly Rates: Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feet4 Monthly Rate = 12,000 x $0.0043527 x Rate Factor plus (Lot Size - 12,000) x $0.0043527 x Rate Factor x 0.25 2 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 3 See table on next page. 4 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 17.4 Packet Pg. 222 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 8 Rate Factor Table: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) .25 0 - .30 Very Light .4 .31 - .50 Light** .6 .51 - .70 Moderate .8 .71 - .90 Heavy .95 .91-1.0 Very Heavy **typical for residential For further information, please contact Jill White, Utility Fee Rate Specialist, 970-416-2139, jiwhite@fcgov.com What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and your property line is within 400 feet of the municipal sewer system you will be required to connect. Septic Systems are solely regulated by Larimer County Department of Health and Environment. If you have any additional questions, please contact the Larimer County Health Department by phone at (970) 498-6700 or visit http://www.co.larimer.co.us/health/ehs/isds.asp. Will my water or wastewater services change because of the annexation? No. Annexed properties will continue to be served by City of Fort Collins water and sewer services. 17.4 Packet Pg. 223 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 9 Taxes The City of Fort Collins is a home rule municipality. This means the City administers its own sales and use tax regulations. This guide has information and answers to frequently asked questions for residents and homeowners, businesses, charitable and government organizations. Residents and Homeowners: Once your home becomes annexed into the City, you will be subject to City sales tax. This tax is in addition to any State or County tax that may apply. What will I pay sales tax on when my residence becomes annexed into the City? The City taxes tangible personal property and some services. Examples include items delivered to your home, such as furniture and landscaping materials. Taxable services include the purchase of gas, electric and telecommunications services. Additionally, if you purchase a vehicle or pull a building permit, these transactions are subject to City tax. Business Tax If your business is in an area that will be part of a future annexation, you may find the information below helpful. Do I need a City of Fort Collins Sales and Use Tax/Business License? Yes, a business located inside Fort Collins City limits needs to have a Sales and Use Tax License. If you already have a City of Fort Collins Sales and Use Tax License, you don’t need to apply again. However, the filing frequency may need to be updated. Are there any other City licenses I should obtain? It’s possible that based on the type of business you operate there are additional City licenses that are needed. For example, if you operate a hotel, your business will need a Lodging Tax License. If you operate a business out of your home, you may need a Home Occupation License. If you plan to operate a Short-Term Rental, you will need a Short-Term Rental License. What are the requirements for renting a room in a house or the entire home? If you plan to operate a Short-Term Rental out of a home, you will need a Sales and Use Tax License, Lodging Tax License and Short-Term Rental License. In addition to City sales tax, there is a City lodging tax on stays less than 30 consecutive days. What type of City of Fort Collins tax applies to my business? In addition to the State and County sales tax your business already collects on taxable sales, you will now be required to collect the City of Fort Collins sales tax if the item is picked up in Fort Collins or delivered to an address in the city limits of Fort Collins. The City sales tax collected will be remitted directly to the City (not the State). Any taxable items, such as furniture and office supplies, that you use in your business will be subject to City sales or use tax. The City may tax items differently than the State and County and you should verify if the items sold are taxable. Also, please check the current tax rates in effect at the time your business is annexed. 17.4 Packet Pg. 224 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 10 Are there any types of sales that are exempt from tax? Yes. Sales to government and qualifying religious and charitable organizations may be tax exempt. Also, if you operate a business that sells farm machinery for use in farming operations, these sales are exempt from City tax. However, the exemption does not apply to repair parts for farm machinery. Please see Section 25-73 (c)(14) & (15) for additional information and check with the State and County for their requirements. What is use tax? Use tax applies to items used, stored or distributed in Fort Collins that are not items for resale to a customer. Examples include furniture and office supplies. Use tax can be described as a complement to sales tax. You pay one or the other. If you pay City sales tax, you do not need to pay City use tax. Do I owe use tax on business equipment I owned prior to becoming annexed into the City? No, you do not have to pay use tax for equipment you owned prior to becoming annexed into the City. The City municipal code has a specific exemption for this. Would use tax be due on inventory I have on hand that is for resale to a customer. No, use tax is not due on items for resale. Sales tax should be charged to the customer. Religious, Charitable and Government Organizations: What if I am tax exempt as a religious, charitable or government organization? If you are a religious or charitable organization, you can apply for a City tax exempt organization license at https://www.fcgov.com/salestax. This will exempt the organization from sales tax on purchases made when used in the conduct of the organization’s regular activates to foster its religious or other expressed chartable purpose. Government organizations are exempt from otherwise taxable purchases when they are made with organization funds. Note that the City does not issue a tax-exempt license for governmental organizations as it does for charitable organizations. Additional Resources: For additional tax information, please visit https://www.fcgov.com/salestax or contact the Sales Tax Department at 970.221.6780. 17.4 Packet Pg. 225 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 11 How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. The resulting 0.798 mil reduction ($0.80 for every $1,000 in property valuation) in property tax is caused by the replacement of the Poudre Valley Fire District 10.595 mil with the Fort Collins 9.797 mil. Below is a comparison of tax-rates between that the City of Fort Collins and Larimer County. Mill Levy :5 Tax Authority 2018 Fort Collins 2018 Larimer County Poudre R-1 General Fund 38.683 38.683 Larimer County 22.092 22.092 Poudre R-1 Bond Payment 13.947 13.947 Poudre Valley Fire District 0 10.595 Fort Collins 6 9.797 0 Poudre River Public Library District 3.000 3.0 Health District of North Larimer County 2.167 2.167 Northern Colorado Water Conservation District 1.000 1.0 Larimer County Pest Control District 0.142 0.142 TOTAL 90.828 91.626 Example of Property Tax Changes Property Larimer County Property Tax Liability Fort Collins Property Tax Liability Difference 1804 Laporte Ave $2,015 $1,997 $17 1802 Laporte Ave $7,861 $7,793 $68 1760 Laporte Ave $15,491 $15,356 $135 5 The mill levy is the “tax rate” that is applied to the assessed value of a property in order to fund a variety of services. One mill is one dollar per $1,000 dollars of assessed valuation. (0.001) 6 The County’s Poudre Fire District Mill Levy is replaced by the City of Fort Collins upon Annexation. The Fort Collins Mill Levy is lower by 0.798 Mill. 17.4 Packet Pg. 226 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 12 Will we be charged additional tax on our utility bills? Xcel Energy If your home or business requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied.to each bill. According to the Colorado Department of Revenue an existing E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax will also remain. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to a portion of usage for each bill, see PILOTs FAQ below for more information on how this is calculated. Fort Collins Water No added tax is assessed to this service. Fort Collins Wastewater No added tax is assessed to this service. What are Payment in Lieu of Taxes (PILOTs) and how do they affect utilities customers? City utilities only charge tax on electric services. The tax is computed by removing the PILOTs part of the electric charges and then multiplying by the 3.85% rate. Here’s an example: total electric charges = $100 ; removing the PILOTs is done by $100 / 1.06 = $94.34 ; sales tax then computed as $94.34 * 3.85% = $3.63. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 17.4 Packet Pg. 227 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 13 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in odd- numbered years, and that a specific date, June 30th of the year preceding the reappraisal year, be used to benchmark all property values throughout the state. The benchmark, or "level of value,” for this reappraisal cycle is June 30, 2014. For the 2015/2016 reappraisal cycle, Larimer County is using 60 months of data. That means our sales study period extends from July 1, 2009 through June 30, 2014. All sales are trended up or down to the level of value date, June 30, 2014, depending on market factors in the different areas of Larimer County. For 2016, only owners that saw a change in value or ownership from the previous year were mailed a notice with the new value and have the option to protest online. The majority of property values do not change in even numbered years because Colorado is on a two-year reappraisal cycle. If you do not have the Notice of Value you may complete and mail a 2015 Protest Form to our office no later than June 1, 2016. Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by email or taken over the phone. Properties that are appealed during our protest period will be reviewed and a Notice of Determination will be sent to those property owners on June 30, 2016. If you are satisfied with the value after this review, the process ends and your tax will be based on the value reflected in the notice of determination. If you disagree with the Assessor's decision, the next step will be to file an appeal with the County Board of Equalization. More details will be provided in the Notice of Determination that will be sent June 30, 2016. What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2018: State of Colorado 2.9% Larimer County 0.55% Total Sales Tax (Larimer County) 3.45% City of Fort Collins 3.85% 3.85% Tax includes • 2.25% Base Rate • .25% Community Capital Improvement Program (Expires 2025) • .25% Street Maintenance (Expires 2025) • .25% Open Space (Expires 2030). • .85% Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.30% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.30% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Tiana Smith, tjsmith@fcgov.com 17.4 Packet Pg. 228 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 14 Other City Regulations & Information How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 4-72. - Minimum size of pasture area for horses or ponies. Horses or ponies may be kept for the use of occupants of a lot and their guests provided that at least one-half (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / Horse7 How many chickens and roosters can I have on my property? • May keep up to 8 chicken hens • No roosters Will our cat need to be registered when we are in the City of Fort Collins? Yes. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require all cats and dogs be registered. Larimer County and Timnath require the registration of dogs only. Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the application and provide the required fee(s). Fees are as follows: Animals 4 months to one year of age: $12.00 Animals 1 year and older, spayed or neutered: $12.00 Animals 1 year and older, not spayed or neutered: $35.00 Fees for Senior Citizen pet guardians (age 62 and older): Animals under one year of age: $5.00 Animals 1 year and older, spayed or neutered: $5.00 Animals 1 year and older not spayed or neutered: $35.00 Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to purchase a voluntary Cat License for $5.00. Replacement tags are $2.50. For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension 201 or visit www.larimerhumane.org 7 If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required. 17.4 Packet Pg. 229 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 15 Is a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long-Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? • Faster police response time • Voting for a Mayor and Council Member (Gerry Horak, Mayor Pro Tem, District 6) • Urban level services • Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. 17.4 Packet Pg. 230 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) 16 What is Neighborhood Services? Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, including: • Assistance in organizing your neighborhood or meeting facilitation, • Free use of our copier for a neighborhood newsletters or fliers, • A Neighborhood Grant Program for help financially with big projects or events, • An Adopt-A-Neighbor Program for residents who need help shoveling snow, • Helpful wording for common neighborhood letters or emails, • A free, bimonthly e-newsletter called Neighborhood News with articles for your newsletter, and • Free welcome bags for new neighbors. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://www.fcgov.com/contactus/ you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. 17.4 Packet Pg. 231 Attachment: Friendly Fire Enclave FAQ (7322 : Friendly Fire Enclave Annexation) -1- RESOLUTION 2018-111 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE FRIENDLY FIRE ENCLAVE ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That, the City Council intends to annex the following described property, to be known as the Friendly Fire Enclave Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 TO BEAR N89°14'43"W, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, N89°14'43"W, A DISTANCE OF 615.00 FEET TO THE SOUTHEAST CORNER OF THE FORNEY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST BOUNDARY OF SAID ANNEXATION, N00°23'46"E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID FORNEY ANNEXATION THE FOLLOWING NINE (9) COURSES: 1. N89°14'43"W, A DISTANCE OF 493.58 FEET; 2. N00°23'46"E, A DISTANCE OF 120.00 FEET; Packet Pg. 232 -2- 3. S89°14'37"E, A DISTANCE OF 85.00 FEET; 4. N00°23'46"E, A DISTANCE OF 50.00 FEET; 5. S89°14'44"E, A DISTANCE OF 83.00 FEET; 6. S00°23'46"W, A DISTANCE OF 21.00 FEET; 7. S89°14'44"E, A DISTANCE OF 86.39 FEET; 8. N07°37'19"W, A DISTANCE OF 72.44 FEET; 9. S87°54'20"E, A DISTANCE OF 249.40 FEET TO A POINT ON THE WEST BOUNDARY OF THE RADIO CITY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°23'46"W, A DISTANCE OF 214.83 FEET TO THE POINT OF BEGINNING. CONTAINING 89,595 SQUARE FEET (2.057 ACRES), MORE OR LESS Section 3. That the City Council hereby initiates enclave annexation proceedings for the above-described property. Section 4. That the Notice attached hereto is adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 233 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2018-111 initiating annexation proceedings for the Friendly Fire Enclave Annexation, consisting of approximately 2.057 acres and generally located in northeast Fort Collins abutting Laporte Avenue to the south between North Bryan Avenue and Grandview Avenue, said Annexation being more particularly described in Resolution 2018-111. That, on January 15, 2019, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Limited Commercial (“L-C”) Zone District. 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. Dated this _____ day of _______________, A.D. 2018. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 234 Attachment: Exhibit A (7331 : Friendly Fire Enclave Annexation RESO) Nov 20, 2018 20th Anniversary – Sprinkler Audit Program Liesel Hans, Water Conservation Manager STAFF REPORT a Packet Pg. 235 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 2 STAFF REPORT a Packet Pg. 236 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 1999 2003 2009 2012 2013 2014 2016 2017 2018 Program Pilot Launch! Ramped up with help from Master Gardeners 61 audits completed 275 audits completed 1st year partnering with Fort-Collins Loveland water district 1st year partnering with East Larimer County water district Evolved from traditional catch-can test approach Went digital! No more wet paper and clipboards Created in- house app to support audit process 1st year expanded district partnership beyond City limits Piloted new services! Landscape Budgets and GIS 420 audits maps completed 381 audits completed 366 audits completed STAFF REPORT a Packet Pg. 237 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 4 Participants 1999-2018 Fort Collins Utilities Fort Collins- Loveland Water District East Larimer County Water District 4,662 874 333 Plus ~150 HOA audits. STAFF REPORT a Packet Pg. 238 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) Why a Sprinkler Audit Program? 5 0 10 20 30 40 50 1/1… 1/1… 1/2… 2/6… 2/1… 3/1… 3/1… 3/2… 4/6… 4/1… 4/3… 5/1… 5/2… 6/5… 6/1… 6/2… 7/1… 7/2… 8/4… 8/1… 8/2… 9/9… 9/2… 10/… 10/… 10/… 11/… 11/… 12/… 12/… 12/… Demand (MGD) City of Fort Collins Utilities Treated Water Demand - 2018 STAFF REPORT a Packet Pg. 239 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) Example: 2018 Participant 6 0 500 1000 1500 2000 2500 3000 3500 4000 4500 1-May 8-May 15-May 22-May 29-May 5-Jun 12-Jun 19-Jun 26-Jun 3-Jul 10-Jul 17-Jul 24-Jul 31-Jul 7-Aug 14-Aug 21-Aug 28-Aug 4-Sep 11-Sep 18-Sep 25-Sep 2-Oct 9-Oct 16-Oct 23-Oct 30-Oct 6-Nov Water Use (Gallons) STAFF REPORT a Packet Pg. 240 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 19% 49% 55% 47% 67% 62% 55% 64% 57% 44% 76% 72% 84% 81% 81% 72% 86% 87% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Percent of Participants who said their audit... Exceeded Expectations Met Expectations STAFF REPORT a Packet Pg. 241 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) Surveys “This is a great public service. I'm eager to see my lawn looking better.” (2017) “This was very helpful- helped us identify problems with placement of some heads and time needed for adequate water. Kay was patient and explained things well.” (2009) “Andrea and her service dog, June were a joy to meet and get to know. I appreciate all that they did. Thank you Since the audit, I have told many friends about the process and have told them to do it!” (2018) “Very positive experience. Eric and Kyle were great. The info they provided was all so helpful and relevant for improving my water conservation. A BIG Thank you to Eric, Kyle, and the City of FC!” xplained (2014) ell.” 9) (2014) “Very valuable service, I will recommend it to my neighbors who could really use the advice. Amazed that it is a free service!” (2017) STAFF REPORT a Packet Pg. 242 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) Training the Future STAFF REPORT a Packet Pg. 243 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 10 To learn more and join the 2019 waitlist, visit: fcgov.com/sprinkler- audits STAFF REPORT a Packet Pg. 244 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 11 Thank You! On behalf of 20 years of Water Conservation staff, Sprinkler Audit interns, and Master Gardeners... STAFF REPORT a Packet Pg. 245 Attachment: Staff rpt-Sprinkler Audit.pp (7365 : Staff report-Sprinkler Audit) 1 Income Qualified Assistance Program Application Improvement Pete Iengo, Sr. Community Engagement Specialist Nov. 20, 2018 STAFF REPORT a Packet Pg. 246 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) 2 Our Customers 16% of Fort Collins Utilities’ customers are low-income* *Based on 2015 census block data analysis of Utilities households earning less than 165% Federal Poverty Level. STAFF REPORT a Packet Pg. 247 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Tough Choices 3 When you earn this little, you make tough choices every day. STAFF REPORT a Packet Pg. 248 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Our Commitment 4 STAFF REPORT a Packet Pg. 249 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Affordability Portfolio Strategy 5 Develop Energy Efficiency Opportunities Support Financial Assistance Opportunities Efficiency and Conservation Education Funding Administration Efficiency and Conservation Education Funding Rates STAFF REPORT a Packet Pg. 250 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Right People for the Job 6 STAFF REPORT a Packet Pg. 251 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Improvement Process 7 Goal: A more accessible, user-friendly application that comes back complete. STAFF REPORT a Packet Pg. 252 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Root Cause of Incomplete Applications 8 • Privacy and trust concerns • Inaccessibility • Scarcity of resources STAFF REPORT a Packet Pg. 253 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Metrics Baseline • 11% applications received • 40% rework needed, 1 hour per application Goal • 75% applications received • <10% rework needed, 15 minutes per application Planned for ~1,000 more applications submitted than previous year 9 STAFF REPORT a Packet Pg. 254 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Application Before 10 STAFF REPORT a Packet Pg. 255 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Application After 11 STAFF REPORT a Packet Pg. 256 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Results Baseline • 11% applications received • 40% rework needed, 1 hour per application Goal • 75% applications received • <10% rework needed, 15 minutes per application Actual • 65% applications received • 6.6% rework needed, 15 minutes per application 12 STAFF REPORT a Packet Pg. 257 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Thank You 13 Pete Iengo Utilities Sr. Community Engagement Specialist 970-221-6847 STAFF REPORT a Packet Pg. 258 Attachment: Staff rpt-IQA Program.pp (7364 : Staff report-IQA) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY November 20, 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. Second 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. Second 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. These Ordinances were adopted on November 6, 2018. Ordinance No. 134, 2018, was adopted by a vote of 6- 1 (Nays: Martinez). Ordinance No. 135, 2018 was unanimously adopted. The two Ordinances adjust 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 adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION The electric cost-of-service model was updated by staff in 2018. These recurring updates help ensure each customer class is paying for the appropriate costs related to providing this service to our customers. This update considers changes in numerous variables, such as usage patterns among the rate classes, customer counts, adjustments in wholesale expense, ongoing operational and maintenance expenses, as well as capital expenses. The methods for allocation across rate classes for distribution costs are consistent each update and are dependent on the types of expenses incurred. All wholesale expenses are passed through based on how much energy that class consumes, as well as their contribution to system peaks, which is measured as the highest one-hour demand on the system each month. The electric model was reviewed externally by NewGen Strategies, in 2016, to ensure allocation methods being used are consistent with standard practice within the electric industry. 18 Packet Pg. 259 Agenda Item 18 Item # 18 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. 2018 Electric Cost of Service Model Update (PDF) 3. Ordinance No. 134, 2018 (PDF) 4. Ordinance No. 135, 2018 (PDF) 18 Packet Pg. 260 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. ATTACHMENT 1 COPY 18.a Packet Pg. 261 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) Agenda Item 15 Item # 15 Page 2 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. 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 COPY 18.a Packet Pg. 262 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) 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 COPY 18.a Packet Pg. 263 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) 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. 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. $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 ($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 COPY 18.a Packet Pg. 264 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) Agenda Item 15 Item # 15 Page 5 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. 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. 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 COPY 18.a Packet Pg. 265 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) Agenda Item 15 Item # 15 Page 6 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. 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 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 COPY 18.a Packet Pg. 266 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) Agenda Item 15 Item # 15 Page 7 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. 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% COPY 18.a Packet Pg. 267 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) Agenda Item 15 Item # 15 Page 8 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. Low-Income Support Programs 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 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 COPY 18.a Packet Pg. 268 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) Agenda Item 15 Item # 15 Page 9 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. 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) COPY 18.a Packet Pg. 269 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7341 : SR 134 135 Utility Rates) 1 Utilities electric ꞏ stormwater ꞏ wastewater ꞏ water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 – fax 970.224.6003 – TDD utilities@fcgov.com fcgov.com/utilities 2018 Electric Cost‐of‐Service (COS) Model Update Utility staff recently completed the electric cost of service (COS) study update in 2018 (last updated in 2016) to determine necessary changes for 2019. The City of Fort Collins Utilities Financial Management Policies 4.2.a.2 states: “Utility rates will be based upon the cost‐of‐service approach to reflect full distribution costs to appropriate rate classes in order to effect equitable sharing of costs” To accommodate this requirement, a COS study is undertaken every two years to determine if current revenue generated by each customer class is within reasonable bounds of its cost to serve and, if not, to make recommendations to correct this difference. In addition, a COS study provides data on various disaggregated cost elements for analyzing the impacts of customer behavior and setting customer specific contract rates. The methodology used to perform the 2018 COS study is in accordance with the general approach taught by the American Public Power Association (APPA) and the National Association of Regulatory Utility Commissioners (NARUC) cost allocation manual. The electric model was reviewed externally by NewGen Strategies, in 2016, to ensure allocation methods being used are consistent with standard practice within the electric industry. BACKGROUND The COS study consists of the following steps: Determine Revenue Requirements Revenue requirements are determined in the budget process. For 2019, it was determined a 5% overall revenue increase was necessary for the City of Fort Collins Light and Power Utility to operate and maintain its distribution system and meet a wholesale rate increase, as well as incorporate additional funding for energy services programs. Functionalization of System Costs Functionalization is the arrangement of costs according to functions performed by the Light and Power Utility such as substations, circuits, transformers, services, meters and customer accounts. The Utility uses Federal Energy Regulatory Commission (FERC) accounting numbers, which help to categorize plant‐in‐service assets, depreciation, operations and maintenance (O&M) and construction‐in‐progress costs. This step is necessary to allocate the functionalized costs to the customer classes. ATTACHMENT 2 18.b Packet Pg. 270 Attachment: 2018 Electric Cost of Service Model Update (7341 : SR 134 135 Utility Rates) 2 Load Analysis The 2018 COS study uses actual load data to develop allocation factors based on customer class load patterns. Key elements are ‐  Hourly demands of the customer class at the time of the monthly coincident system peak are used to allocate wholesale demand costs.  Hourly demands of the customer class at the time of the monthly maximum peak are used to allocate distribution facilities costs. Fort Collins charges a coincident peak rate for medium and large commercial customer classes, and in addition, has AMI metering to collect interval data on customers in the remaining customer classes, which provides complete data for all facets of the load analysis for the COS study. 2019 Rate Recommendations A COS model is detailed and methodological and the outputs serve as a guide to adjusting the cost burdens among customer classes. The overall revenue increase proposed for 2019 is 5.0% at the retail level  3.6% is related to distribution system increases  1.4% is related the PRPA wholesale increase The following chart summarizes the COS results and the recommended rate changes: The rate class adjustments incorporate the wholesale and distribution components. The contributions are displayed in the table below. The impacts vary slightly by rate class, ranging from 1.3% to 1.8% for wholesale expenses and from 3.3% to 3.9% for distribution expenses. 18.b Packet Pg. 271 Attachment: 2018 Electric Cost of Service Model Update (7341 : SR 134 135 Utility Rates) 3 Expenses for the utility are recovered through monthly billing charges. Approximately 72% of total utility costs are associated with wholesale expenses for purchased power energy and purchased power demand, which covers the generation and transmission aspects of providing electric service. The remaining costs are associated with the distribution utility, which are broken out in the graph below, as a percentage of total costs, and make up the other 28% of total utility costs. Capital projects vary significantly from year to year. To level these expenses, a 10‐year average, including 5 years of historical data and 5 years of projected budget data, is used. From this, the average depreciation is subtracted and the result (known as capital in‐excess of depreciation) is functionalized using existing depreciation allocations. This value represents those capital expenses necessary, beyond routine replacement levels, to keep the system operational. The revenue generated from each rate class is shown in the graph below. Rate Class Wholesale Costs Distribution Costs Overall Increase Residential 1.3% 3.5% 4.8% Small Commercial 1.4% 3.7% 5.1% Mid‐sized Commercial 1.5% 3.9% 5.4% Large Commercial 1.6% 3.7% 5.3% Industrial 1.8% 3.3% 5.1% 18.b Packet Pg. 272 Attachment: 2018 Electric Cost of Service Model Update (7341 : SR 134 135 Utility Rates) 4 Utility systems are built to deliver service to all customers at any given time and approximately 72% of the utility budget is for the operation, maintenance and debt of the generation, transmission and distribution facilities of this system. Costs related to generation and transmission are contained within the energy and demand charges of the wholesale rate. To appropriately allocate costs related to the wholesale demand costs, customer class hourly demands at the time of Platte River Power Authority’s monthly system peaks must be incorporated. In addition, costs related to the distribution facilities are allocated using the estimated customer class contribution to the sum of the customer class maximum peaks. This latter calculation is the proxy for evaluating customer class demands upon the distribution main feeder circuits and substations. The utility has adopted a coincident peak contribution rate structure for medium and large commercial customer classes. These two classes account for approximately one‐half of the system energy use. To administer this rate, hourly data for each customer in these classes is collected, which provides accurate data for these customers’ peak contributions to both the system monthly peaks, as shown in the graph below, as well as the sum of the customer class maximum peaks. 18.b Packet Pg. 273 Attachment: 2018 Electric Cost of Service Model Update (7341 : SR 134 135 Utility Rates) 5 The traffic signal, street lighting and floodlighting classes’ demand contributions are determined using load calculations and assuming coincidence with summer and winter peak times. The remaining classes’ (Residential, Residential Demand, General Service and General Service 25) load data is available through the AMI hourly data we now have as a result of the AMI metering project. In addition to these demand estimates, we can also accurately estimate the maximum monthly aggregate demand for each customer class necessary for developing allocation factors for allocating many of our distribution facilities related costs. After it is determined how much should be collected from each rate class, based on the COS outputs, adjustments are made to billing determinants to complete the process. By utilizing an industry standard approach to cost allocation, the utility is able to ensure that each rate class is contributing fairly to the utility. 18.b Packet Pg. 274 Attachment: 2018 Electric Cost of Service Model Update (7341 : SR 134 135 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 18.c Packet Pg. 275 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 276 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 $0.2015 $0.2055 18.c Packet Pg. 277 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 278 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 279 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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. 18.c Packet Pg. 280 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 281 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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. 18.c Packet Pg. 282 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 283 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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. 18.c Packet Pg. 284 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 285 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 286 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 287 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 288 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 289 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 290 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 291 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 292 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 293 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 294 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 295 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 296 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 297 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 298 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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: 18.c Packet Pg. 299 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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 18.c Packet Pg. 300 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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. 18.c Packet Pg. 301 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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. 18.c Packet Pg. 302 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -29- Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 18.c Packet Pg. 303 Attachment: Ordinance No. 134, 2018 (7341 : SR 134 135 Utility Rates) -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. 18.d Packet Pg. 304 Attachment: Ordinance No. 135, 2018 (7341 : SR 134 135 Utility Rates) -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 18.d Packet Pg. 305 Attachment: Ordinance No. 135, 2018 (7341 : SR 134 135 Utility Rates) -3- Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 18.d Packet Pg. 306 Attachment: Ordinance No. 135, 2018 (7341 : SR 134 135 Utility Rates) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer Lawrence Pollack, Budget Director John Duval, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, 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 $635,086,160 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 $655,627,995 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 Second 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 provided direction and guidance for changes to be incorporated into First Reading of the 2019-20 Biennial Budget. During First Reading, two friendly 19 Packet Pg. 307 Agenda Item 19 Item # 19 Page 2 amendments were also included, and all of those changes from the City Manager’s Recommended Budget are incorporated into the Ordinance as adopted on First Reading. The following table summarizes the changes made when the Ordinance as adopted on First Reading. This includes one of the two friendly amendments to fund Offer 1.17 ENHANCEMENT: Harmony/Power Trail Grade-Separated Crossing and Trail Extension for $400k in 2019, which is highlighted in yellow. Offer 1.17 is funded primarily by Transportation Capital Expansion Fees (TCEF). 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 TRANS 1.17 ENHANCEMENT: Harmony/Power Trail Grade-Separated Crossing and Trail Extension 400 Grand Total of Council Interest in Funding $ 1,183 $ 1,277 $ 1,080 $ 641 Offers to be Funded Ongoing One-Time The following table summarizes the Offers reduced or removed from the City Manager’s Recommended Budget to offset the additional desired funding communicated by City Council. The second friendly amendment from 1st Reading to fund Offer 15.3 ENHANCEMENT: Video Production Assistance – FC PAN at $15k per year is highlighted in yellow. That Offer is funded by General Fund reserves. 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 reduced from $30 each year 15 15 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 $ 703 $ 628 Reduction Offsets Ongoing One-Time 19 Packet Pg. 308 Agenda Item 19 Item # 19 Page 3 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% This annual Appropriation Ordinance sets the amount of $635,086,160 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 General Improvement District (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 the City’s total operating appropriations being $655,627,995 in 2019. Below is a summary of the City’s proposed 2019-20 total operating budget: TOTAL BUDGET (in millions) 2019 2020 Operating $602.1 $609.2 Debt $18.1 $14.9 Capital $35.4 $27.4 Total City Appropriations* $655.6 $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 $635.1 $631.0 * This includes GID #1, GID #15, URA and DDA which are appropriated in separate ordinances 2nd Reading The above summary reflects the Ordinance as submitted for Second Reading. During First Reading on November 6, Councilmembers mentioned interest in funding these two additional Offers: 1) Fund Offer 45.14 ENHANCEMENT: West Elizabeth Enhanced Travel Corridor Implementation Plan for $150k in 2019 2) Fund Offer 6.10 ENHANCEMENT: Pedestrian Master Plan and FC Walks Program at $249,233 in 2019 and $100,335 in 2020 Staff has prepared language for amendments if Council motions for either or both Offers to be included in Second Reading. Staff from the City Manager’s Recommended Budget is recommending that if one or both of these offers is funded, the source of funds used be General Fund Reserves. Attachment 2 includes specific amendment language to be used to add one or both of these offers if desired. CITY FINANCIAL IMPACTS This Ordinance sets the annual appropriation for fiscal year 2019 in the amount of $635,086,160. The Ordinance also sets the City mill levy at 9.797 mills, unchanged since 1991. 19 Packet Pg. 309 Agenda Item 19 Item # 19 Page 4 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 and Second 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. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Requested Second Reading Amendment Information (Offers 45.14 and 6.10) (PDF) 3. PowerPoint Presentation (PDF) 19 Packet Pg. 310 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 incorporated into First Reading of the 2019-20 Biennial Budget. The following tables summarize (1) the Offers ATTACHMENT 1 19.1 Packet Pg. 311 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7340 : SR 133 Biennial Budget 2019-20) Agenda Item 16 Item # 16 Page 2 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. 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% This annual Appropriation Ordinance sets the amount of $634,271,160 to be appropriated for fiscal year 2019. 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 19.1 Packet Pg. 312 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7340 : SR 133 Biennial Budget 2019-20) Agenda Item 16 Item # 16 Page 3 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: 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) 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 19.1 Packet Pg. 313 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7340 : SR 133 Biennial Budget 2019-20) ORDINANCE NO. 133, 2018 REQUESTED SECOND READING AMENDMENT INFORMATION (Offers 45.14 and 6.10) Scenario 1: Fund Offer 45.14 ENHANCEMENT: West Elizabeth Enhanced Travel Corridor Implementation Plan ($150,000): Move to amend the Ordinance to fund Offer 45.14, the enhancement offer funding the Implementation Plan for the West Elizabeth Enhanced Travel Corridor, to appropriate additional 2019 funds in the amount of $150,000 from General Fund reserves, and to make corresponding changes to the Ordinance. Scenario 2: Fund Offer 6.10 ENHANCEMENT: Pedestrian Master Plan and FC Walks Program ($249,233): Move to amend the Ordinance to fund Offer 6.10, the enhancement offer funding the Pedestrian Master Plan and FC Walks Program, to appropriate additional 2019 funds in the amount of $249,233 from General Fund reserves, and to make corresponding changes to the Ordinance. Scenario 3: Fund both Offer 45.14 and Offer 6.10 ($399,233): Move to amend the Ordinance to fund Offer 45.14 and Offer 6.10, the enhancement offers funding the Implementation Plan for the West Elizabeth Enhanced Travel Corridor and the Pedestrian Master Plan and FC Walks Program, to appropriate additional 2019 funds in the amount of 399,233 from General Fund reserves, and to make corresponding changes to the Ordinance. ATTACHMENT 2 19.2 Packet Pg. 314 Attachment: Requested Second Reading Amendment Information (Offers 45.14 and 6.10) (7340 : SR 133 Biennial Budget 2019-20) Second Reading of the 2019-20 Budget 1 November 20, 2018 ATTACHMENT 3 19.3 Packet Pg. 315 Attachment: PowerPoint Presentation (7340 : SR 133 Biennial Budget 2019-20) 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 Additional Offers Included in First Reading based on Council Guidance 2 $ in thousands 19.3 Packet Pg. 316 Attachment: PowerPoint Presentation (7340 : SR 133 Biennial Budget 2019-20) Friendly Amendments Included in First Reading 3 • Fund Offer 1.17 ENHANCEMENT: Harmony/Power Trail Grade-Separated Crossing and Trail Extension for $400k in 2019  This Offer was funded primarily with Transportation Capital Expansion Fees (TCEF) reserves • Fund Offer 15.3 ENHANCEMENT: Video Production Assistance – FC PAN at $15k per year  This Offer was funded by General Fund reserves 19.3 Packet Pg. 317 Attachment: PowerPoint Presentation (7340 : SR 133 Biennial Budget 2019-20) Budget Overview for Second Reading - as submitted 4 Amended 2018 * 2019 % Change 2020 % Change Operating $605.6 $602.1 -0.6% $609.2 1.2% Debt 21.9 18.1 -17.3% 14.9 -17.5% Capital 170.3 35.4 -79.2% 27.4 -22.5% Total City Appropriations** $797.9 $655.6 -17.8% $651.6 -0.6% Less Internal Service Funds ($79.2) ($81.0) 2.3% ($85.6) 5.6% Transfers to Other Funds (66.0) (58.3) -11.6% (51.5) -11.7% 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) ($159.9) -1.7% ($157.7) -1.4% Net City Budget $635.2 $495.7 -21.9% $493.9 -0.4% * 2018 includes $112M in capital budget for Broadband ** This includes the GID #1, GID #15, URA and DDA all of which are appropriated in separate ordinances TOTAL BUDGET (in millions) 19.3 Packet Pg. 318 Attachment: PowerPoint Presentation (7340 : SR 133 Biennial Budget 2019-20) 5 • 1) Fund Offer 45.14 ENHANCEMENT: West Elizabeth Enhanced Travel Corridor Implementation Plan for $150k in 2019 • 2) Fund Offer 6.10 ENHANCEMENT: Pedestrian Master Plan and FC Walks Program at $249,233 in 2019 and $100,335 in 2020 • If Council decides to fund either or both of these Offers, staff recommends funding come out of the $2.2M of General Fund Reserves currently assigned for 2019-20 Revenue Contingency Potential Known Amendments for Second Reading 19.3 Packet Pg. 319 Attachment: PowerPoint Presentation (7340 : SR 133 Biennial Budget 2019-20) 6 Amended 2018 * 2019 % Change 2020 % Change Operating $605.6 $602.5 -0.5% $609.3 1.1% Debt 21.9 18.1 -17.3% 14.9 -17.5% Capital 170.3 35.4 -79.2% 27.4 -22.5% Total City Appropriations** $797.9 $656.0 -17.8% $651.7 -0.7% Less Internal Service Funds ($79.2) ($81.0) 2.3% ($85.6) 5.6% Transfers to Other Funds (66.0) (58.3) -11.6% (51.5) -11.7% 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) ($159.9) -1.7% ($157.7) -1.4% Net City Budget $635.2 $496.1 -21.9% $494.0 -0.4% * 2018 includes $112M in capital budget for Broadband ** This includes the GIDs, URA and DDA which are appropriated in separate ordinances TOTAL BUDGET (in millions) Budget Overview for Second Reading - with both potential amendments funded by reserves 19.3 Packet Pg. 320 Attachment: PowerPoint Presentation (7340 : SR 133 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 19.3 Packet Pg. 321 Attachment: PowerPoint Presentation (7340 : SR 133 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 Clerk, and has approved Packet Pg. 322 -2- 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-FIVE MILLION EIGHTY-SIX THOUSAND ONE HUNDRED SIXTY DOLLARS ($635,086,160) 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 $152,740,315 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 Packet Pg. 323 -3- Capital Projects: 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 Packet Pg. 324 -4- Capital Projects: 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 Packet Pg. 325 -5- Transportation CEF Fund $9,092,987 Transportation Services $27,037,991 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 Harmony/Power Trail Grade Sep 2,300,000 400,000 Capital Projects Total $16,266,097 Total General City Capital Projects $16,367,500 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 Packet Pg. 326 -6- (CCIP 1/4 Cent) Conservation Trust Operating Total - Administration & Parks Maint $544,116 Capital Projects: Trail Acquisition/Development 1,023,453 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 $29,388,484 TOTAL CITY FUNDS $635,086,160 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. 327 -7- Passed and adopted on final reading on the 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 328 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 TRANS 1.17 ENHANCEMENT: Harmony/Power Trail Grade-Separated Crossing and Trail Extension 400 Grand Total of Council Interest in Funding $ 1,183 $ 1,277 $ 1,080 $ 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 reduced from $30 each year 15 15 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 $ 703 $ 628 Reduction Offsets Ongoing One-Time 1 Packet Pg. 329 Attachment: Exhibit A (7362 : SR 133 Biennial Budget 2019-20 ORD for 2nd reading) Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Kirk Longstein, Project Manager Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 144, 2018 Amending Chapter 12 of the Code of the City of Fort Collins to Establish the Requirements for a Building Energy and Water Scoring Program. EXECUTIVE SUMMARY The purpose of this item is to establish requirements for building owners to provide information related to energy and water use in commercial and multifamily buildings larger than 5,000 square feet. The ordinance requires: • Building owners to benchmark and report energy and water performance data to the City; • Energy and water performance data be made available to the public; • A phased implementation over three years based on building size and sector; • Building owners to apply for exemptions to the requirement if necessary; • A compliance mechanism for enforcement if necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The proposed Building Energy and Water Scoring (BES) Ordinance reflects the findings of the City’s community engagement efforts and community Working Group recommendations as presented in the City Council Agenda at the August 28, 2018 Work Session (Attachment 1). In the long-term, a critical mass of commercial building energy and water Scores will give the community the ability to select the lowest operating cost option before renting or buying a building. An essential element of the recommendations is an emphasis on the availability of consistent and credible information to facilitate informed choice in the marketplace. BES is a foundational element which will encourage the voluntary improvement of efficiency through improved operations in the short-term and investment over time. Comparing the energy and water performance of one building against another allows commercial real estate stakeholders, such as building owners, investors, brokers and tenants, to evaluate the highest-performing, lowest-operating cost option, and monitor their performance in the market place. Building energy and water scoring provides a simple, yet valuable, way for building owners, property managers and tenants to understand their facilities’ energy and water use and to begin to identify opportunities to reduce water and energy-related costs. 20 Packet Pg. 330 Agenda Item 20 Item # 20 Page 2 Requirements, Exemptions and Compliance Requirements Covered Buildings. As defined in the Ordinance, "Covered Building" means any building or group of adjacent buildings in the City of Fort Collins with a Gross Floor Area that is five thousand (5,000) square feet or larger. Commercial covered buildings are defined by ENERGY STAR® Portfolio Manager® and defined by Commercial Building Energy Consumption Survey (CBECS). Covered buildings include apartments and condominiums three stories or more in height above grade and representing multifamily structures defined by a typical R-2 occupancy by the International Building Code. Figure 1. illustrates how buildings are determined to fall into the Covered Building category. The Ordinance refers to Portfolio Manager® to define specific commercial and multifamily property use types. Figure 1. Covered Buildings Determinations Phased Implementation. The ordinance highlights an initial phased-implementation for buildings required to submit an annual report. The phased implementation will assist City staff in communicating with and educating all impacted stakeholders and allow building owners to communicate and operationalize the new requirements. The chart below shows the timeline for initial compliance. Reports are due to the City by March 1 of each year starting with the largest building square footages (SF) as highlighted in the chart below. Sector / Year 2020 2021 2022 2023 Commercial >20,000 SF >10,000 SF >5,000 SF >5,000 SF Multifamily >20,000 SF >10,000 SF >5,000 SF Once fully implemented in 2023, Covered Buildings greater than 5,000 square feet (including multifamily and commercial) will be required to report data which information will represent 30 percent of the total square footage of buildings across the City’s built environment and 53 percent of the total electricity delivered by Fort Collins Utilities. Covered Buildings account for approximately 32 percent of the total water delivered by Fort Collins Utilities. The chart below highlights the number of property owners who will be required to submit a report to the City, each year under the currently proposed phased-implementation. 20 Packet Pg. 331 Agenda Item 20 Item # 20 Page 3 Sector / Year 2020 2021 2022 2023 Commercial 430 771 1,223 1,223 Multifamily 0 148 223 377 Total 430 919 1,446 1,600 The Ordinance requires benchmarking, reporting and transparency for tracking energy and water use. The steps within each required component are outlined here. Additionally, coordination between Fort Collins Utilities and the City Manager’s Office are outlined in Attachment 2. The City Manager’s Office may further delegate authority for enforcement to the appropriate City department(s). Benchmarking. • Create a free Portfolio Manager® account • Determine property use type (ex. Office, Retail, Mixed Use) • Collect building data including square footage, occupancy, basic equipment inventory (ex. computers, electronics) • Collect 12-months of electricity, natural gas and water use data by using Portfolio Manager® standard upload templates (see Attachment C) o Electricity: Contact Fort Collins Utilities Customer Connections for data request o Natural Gas: Use Xcel’s Portfolio Manager® online web services tool o Water: Contact Fort Collins Utilities Customer Connections or the property’s local water provider for data request. • Upload building data from templates into the Portfolio Manager® to start tracking annual energy performance Reporting. • Click proposed Reporting link on Fort Collins BES website which will lead to Portfolio Manager® reporting tool • Validate report data using Data Quality Checker tool within Portfolio Manager® and correct any errors • Submit annual report through Portfolio Manager® system and Fort Collins will have access to covered buildings’ reports in Portfolio Manager® (Attachment 4) Transparency. • City staff will compile and reconcile reports inventory with covered buildings list and review data for accuracy and completeness and contact those buildings owners that need to revise their reports • City staff will publish BES scores on City map of covered buildings (Attachment 5) Exemptions The Ordinance includes exemptions to the requirements based on capabilities of Portfolio Manager® and unique building characteristics. Covered building owners who do not submit a report are required to apply for one of the following exemptions: • Unoccupied building for twelve (12) months • Building with average physical occupancy of less than sixty (60) percent • Building with demolition permit • Building with financial distress • Building used for industrial or agricultural processes • Building with confidential business practice • Building with unique circumstances, if approved by the City Manager’s Office Compliance • Building owners will receive notifications via regular mail and email, if available, to alert them of the requirement and approaching deadline. 20 Packet Pg. 332 Agenda Item 20 Item # 20 Page 4 • After the deadline has passed, non-compliant building owners will receive reminder notifications with offers for customer service and resources to help owners submit report. • After education and assistance efforts, City staff will cite non-compliant building owners for a civil infraction that will be heard in Municipal Court. • Civil penalty will include fines not to exceed $1,000. The Ordinance does not provide for criminal penalties at any time. Technical Documentation Pending Council adoption of the proposed Ordinance, staff will make available a technical manual, adopted by the City Manager’s Office, which will detail all of the requirements, definitions and procedures for implementation of this ordinance. Progress Since August 28, 2018 Council Work Session Staff addressed Council’s concerns as summarized in the Summary Memo delivered September 11, 2018 by submitting a follow-up Memo delivered September 25, 2018 (Attachment 6 and 7). The memo offered that: • BES contributes to Energy Policy goals for energy efficiency and greenhouse gas (GHG) emission reduction goals of the Climate Action Plan; • BES contributes to Fort Collins Climate Economy objectives for clean energy investment, green job creation and expansion of local business opportunities; • BES aligns with existing programs and planned initiatives delivered by Utilities and Platte River Power Authority; and • Based on local and national pilots, BES will provide these outcomes only through a reporting requirement approach. Between the August 28, 2018 Work Session and end of November 2018, staff continued its community engagement and implementation preparation efforts: • Staff met with more boards and commissions (Energy Board, Water Board, Building Review Board, Economic Advisory Commission, Youth Advisory Board), the Fort Collins Chamber of Commerce Local Legislative Affairs Committee, brokers groups (CBRE, Chrisland Real Estate, Brinkman, Waypoint, FC Board of Realtors) and presented at the Utilities Multifamily Luncheon. (see attachment H for a list of business and groups providing feedback) • Based on these additional discussions, staff recommends adding water benchmarking to the requirements because water benchmarking enhances a customer’s understanding of their facility by allowing customers to identify improvements, detect leaks, and eliminate waste and unnecessary cost. Additionally, water and electricity are heavily connected (e.g. heating water, cooling processes) and should be examined together to maximize customer benefits. • Staff submitted a grant application through Innovate Fort Collins Challenge and was awarded funds, with a partial match from the City Energy Project, to initiate a Buildings Challenge Competition (Lose to Win Energy Use), increase tenant engagement in large multi-family buildings, and provide benchmarking informational sessions and jams for hands-on learning in the free, online ENERGY STAR® Portfolio Manager® tool. Community Feedback In discussions with business and community members, staff received the following feedback: Transparency in the Market. Most business owners and brokers in the community support the idea of adding information to increase the efficiency of markets in the long-term and to make decisions and transactions easier for the consumer. 20 Packet Pg. 333 Agenda Item 20 Item # 20 Page 5 Regulation. Some business owners expressed concerns that Fort Collins will follow City of Boulder’s example and, instead of requiring only reporting and transparency, will in future years require mandatory upgrades for buildings with low ENERGY STAR® scores. The proposed Ordinance does not require mandatory audits, upgrades or retro-commissioning as some other cities around the nation have adopted in their ordinances. Fort Collins’ approach focusses on consumer advocacy by providing more transparency of information in the marketplace. Tenant Data Access. Some owners have expressed concern that obtaining tenant energy use data will be difficult to obtain. Staff recognizes some of the barriers for both Fort Collins Utilities and Xcel Energy. Processes are in place at Fort Collins Utilities to facilitate the transfer of aggregated electricity information. Xcel Energy has established a building energy scoring portal to facilitate the transfer of natural gas data. In addition, staff has available for distribution sample language that building owners can incorporate into their commercial and multifamily leases that addresses data access and consent. Market Differentiator. Some business owners and brokers are attracted to the potential of a higher ENERGY STAR® score setting their properties apart from others in the market. Some have noted that an “energy efficient broker” designation, in alignment with BES scores, would help individual real estate professionals. Time Commitment. The initial benchmarking account set-up is more labor intensive than the subsequent and ongoing reporting requirement. The initial one-time set-up on average takes 4-6 hours of time for a business owner or representative. Once the initial set-up is completed, automatic uploads of utility data follow, with little effort throughout the year. The reporting process is expected to take 1-2 hours per year and will involve an automated “push” to the City from Portfolio Manager®. Prioritizing Future Investments. Some business owners and investors thought that the score, as an indicator of potentially higher or lower operating costs, would help them better select future investments and implement best management practices in their current operations. Fort Collins Utilities Customer Testimonials The following excerpts are taken from 2018 BizWest Thought Leaders columns. Additionally, Attachment 9 includes letters of support received to date. Ram’s Village: We volunteered to be a test case using the ENERGY STAR® Portfolio Manager tool…Our goal is to take part in Building Energy Scoring and continue using ENERGY STAR Portfolio Manager to maintain a positive reputation for efficiency in the rental market and be a good steward in the community. Brinkman Partners: Building Energy Scoring has allowed us to give feedback on the front end to our development and construction teams. For existing buildings, we can benchmark how they are performing…This is not just savings for property owners but also for the tenants within the buildings. Neighbor to Neighbor: N2N was initially drawn to Building Energy Scoring because it provides tools for reducing utility costs and energy usage...and we have been able to increase efficiency and reduce monthly energy bills. The changes made have improved overall livability of the community. We share this information with tenants, and we are helping them make the best housing choices to provide stability in the future. WW Reynolds: I have confidence in recommendations to owners on where to spend their money on energy and water efficiency upgrades, including lighting changes going to LED or integrating new HVAC equipment because of Building Energy Scoring…we can leverage efficiency upgrades, financial incentives and technical assistance too. BES offers increased potential to remain competitive as well as to be a good steward of our energy. City of Fort Collins: Qualifying (City) buildings use benchmarking and energy scores to track improvements and cost-savings over time…the advantages go beyond energy performance to indoor air quality, lighting, building comfort and reduced utility costs. The baseline shows how our compare nationwide and offers a 20 Packet Pg. 334 Agenda Item 20 Item # 20 Page 6 variety of efficiency opportunities, including no- and low-cost options that can maximize a building’s overall performance. Customer Service and Utilities Supporting Programs In providing exceptional customer service, City staff is working to ease the burden to the customer of Building Energy Scoring. Supporting programs intend to reduce the estimated time estimated to benchmark a building using the EPA Portfolio Manager tool. Each of the supporting programs do not require additional funding and are designed with scalability in mind as more buildings are required to benchmark. City staff recognize the additional time commitment needed in the first year of implementation with less support needed in subsequent years. The following are underway or in development to help customers with the BES program requirements: Data Access. City staff is working with Xcel Energy and other Water Districts to develop web services, automated data upload capabilities and data transfer systems to ease the burden on building owners to access data for their BES reports. Currently, Fort Collins Utilities has established internal process to formatting electric and water data into Portfolio Manager upload templates. HelpDesk. Using current staff members, Utilities plans to create a BES HelpDesk service for building owners/representative to contact for help while they are benchmarking and/or reporting. The “helpdesk” includes a dedicated help line, and additional training resources to owners of covered buildings. Trainings. City and partnering organizations will continue to provide benchmarking and reporting related trainings throughout the year to help covered building owners one-on-one with technical questions related to entering data into the ENERGY STAR Portfolio Manager tool, ex. Benchmarking Jams. Preferred Brokers Network. The City and the Utilities will develop criteria for local brokers to join a network supporting high performing building information focused real estate transactions, including, a Real Estate Ally directory, Broker Trainings, and marketing collateral and templates for including into real estate marketing materials. ATTACHMENTS 1. Agenda Item Summary August 28, 2018 (PDF) 2. Initial Compliance Checklist (PDF) 3. Sample Portfolio Manager Data Collection Worksheet (PDF) 4. Sample Annual Reporting Portal (PDF) 5. Sample Transparency Map (PDF) 6. Memo to Council September 11, 2018 (PDF) 7. Memo to Council September 25, 2018 (PDF) 8. Community Engagement (PDF) 9. Letters of Support to Date (PDF) 10. PowerPoint Presentation (PDF) 20 Packet Pg. 335 DATE: STAFF: August 28, 2018 John Phelan, Energy Services Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Building Energy Scoring. EXECUTIVE SUMMARY The purpose of this item is to present draft recommendations for a Building Energy Scoring (BES) program and to seek feedback from Council regarding a BES ordinance. The discussion will focus on definitions of building energy scoring, benchmarking, reporting and transparency, on the year-long process of community engagement and on the staff recommendations. Staff is recommending Council Adoption of an Ordinance, which will focus on requirements on building owners to provide information. It would not specify performance levels or upgrades. The ordinance would: x Require building owners to benchmark and report energy performance data to the City; x Require the data be made available to the public; x Define a phased implementation based on building size and sector; x Define exemptions to the requirements, and x Define compliance mechanism(s). GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council support staff bringing forward a Building Energy Scoring ordinance in Q4 2018? 2. If yes, does Council suggest any additional outreach before bringing these requirements back to Council? BACKGROUND / DISCUSSION In the long-term, a critical mass of commercial Building Energy Scores (BES) will give the community the ability to select the lowest operating cost option before renting our buying a building. An essential element of the recommendations is an emphasis on the free flow of information in order to facilitate more informed choice in the marketplace. BES is a foundational element which will encourage the voluntary improvement of efficiency through improved operations and investment over time. Comparing the energy performance of one building against another allows commercial real estate stakeholders, such as building owners, investors, brokers and tenants, to evaluate the highest-performing, lowest-operating cost option, and monitor their performance in the market place. Building energy scoring (BES) provides a simple, yet valuable, way for building owners and property managers to understand their facilities’ energy use and to begin to identify opportunities to reduce energy-related costs. The City’s BES initiative was initially funded as part of an off-cycle budget process in 2016, with additional funding from the City Energy Project. BES supports several outcomes of the City’s Strategic Plan, Climate Action Plan (CAP), Energy Policy and Open Data Policy. It is also one of two CAP initiatives with a regulatory component, the other being the Community Recycling Ordinance adopted in 2016. Over the past year, staff reviewed policy options adopted in other cities (Attachment 1) to assess the suitability of a benchmarking, reporting and transparency ordinance for Fort Collins. The primary focus is on larger public, commercial (non-industrial) and multifamily properties, consistent with many peer communities. Staff engaged community members to solicit feedback from open house meetings, community group meetings, 1:1 meetings, a benchmarking pilot, the ATTACHMENT 1 20.1 Packet Pg. 336 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) August 28, 2018 Page 2 OurCity online platform and a recurring working group. Details about building energy scoring, community engagement and staff’s recommended approach is detailed in the following sections. Building Energy Scoring: Benchmarking, Reporting and Transparency As a systems-based approach, building energy scoring supports City goals alongside community interests. According to the U.S. Environmental Protection Agency’s ENERGY STAR® Portfolio Manager™ program, organizations that track their properties’ energy use consistently achieve a 2.4% per year savings (Attachment 2) in energy. In addition, building energy scoring addresses the community’s economic health goals by supporting consumer advocacy and the value of energy efficiency in the marketplace. Tracking building performance identified opportunities for efficiency project investment, supported by Fort Collins Efficiency Works programs. Building energy scoring also tackles an important barrier to improving efficiency in buildings which is a lack of transparent "apples to apples" performance data that would allow real estate markets to fairly value energy performance for both building owners and tenants. In the long term, building energy scoring can be a powerful driver for market recognition of the value of energy efficient buildings. Building energy scoring involves three components: benchmarking, reporting and transparency. Benchmarking Energy benchmarking means tracking a building’s utility use and using a standard metric to compare the building’s current performance against past and to its peers nationwide. These comparisons have been shown to drive energy efficiency upgrades and increase occupancy rates and property values. Using the free, online ENERGY STAR® Portfolio Manager™ tool, property managers can manage the energy and water consumption of any building by entering the consumption data and operational use details, such as occupancy and business hours. Portfolio Manager™ assists in tracking metrics and provides an opportunity to compare a building’s performance against a yearly baseline, national medians, or similar buildings in a portfolio. Many buildings can also receive a 1 - 100 ENERGY STAR® score. This score compares a building’s energy performance to similar buildings nationwide. A score of 50 represents median energy performance, while a score of 75 means a building performs better than 75 percent of all similar buildings nationwide - and may be eligible for ENERGY STAR® certification. In Fort Collins, Xcel Energy offers its customers automated data transfer into Portfolio Manager™ for natural gas use. Over 250 buildings in Fort Collins currently use ENERGY STAR® Portfolio Manager™ (Attachment 3). Reporting Reporting entails using the ENERGY STAR® Portfolio Manager™ tool to generate a report based on the energy use information entered into the system over the past year and sending it to the City. Peer cities have set up automated reporting mechanisms embedded within Portfolio Manager™ to streamline report submission and ease the burden to customers. Transparency The purpose of transparency is to make building energy performance available to the general public as well as the real estate industry. With this approach, the City would annually compile all submitted reports to create a list or map that shows the energy performance of each property. Cities that have adopted benchmarking and transparency ordinances varied in their preferred methods of disclosing energy scores to the public. The options span from listing all eligible buildings with their scores to listing only buildings within a range of scores. Some cities use buildings lists and others use maps to disclose energy information per building. Some cities sequence disclosure of scores to allow time for customers to improve their scores before publication. Benefits Building energy scoring can result in savings on utility bills, improved investment decision-making, and potentially higher building valuation overtime. There are expected energy savings simply from the process of tracking and reporting building energy performance over time. The 2-2.5% energy savings from covered buildings comes from behavioral changes, such as changing schedules in commercial buildings. By 2030, this conservative estimate of savings will contribute approximately 2% of the CAP reduction goals for energy. However, additional savings from 20.1 Packet Pg. 337 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) August 28, 2018 Page 3 investment in energy efficiency projects due to the awareness from BES would be captured in the efficiency program reported results. In other words, staff expects BES to be an effective pipeline for new efficiency projects. Note that these types of programs are relatively new, with several having a few years of results. As such, the savings estimates will become more refined and accurate over time. With an increased understanding of communitywide building energy scores, community members become more empowered to learn about their own energy consumption and opportunities to save. For example, tracking a building’s energy performance can lead a building operator to recommend replacing inefficient HVAC systems with cost-saving, energy efficient ones or a Building Energy Score could better inform a building owner to invest in improvements to attract tenants and increase property valuations. Building energy scoring provides a simple and effective method to address the market’s failures to recognize the value of investing in energy efficiency features. Comparing the energy performance of one building against another allows commercial real estate stakeholders such as investors and tenants to evaluate the highest-performing, lowest-operating cost option, and monitor their performance in the market place. Cities, like Portland Oregon and St Louis Missouri report that benchmarking, and transparency ordinances improves access to affordable housing by making utility costs explicit. Consumer advocacy is a key component of ordinances adopted by other jurisdictions. Federal Programs The Housing and Urban Development (HUD) Agency has created the Utility benchmarking tool kit <https://www.hudexchange.info/programs/utility-benchmarking/toolkit/> and issued Notices of Proposed Information Collection that, if enacted, would require the collection of utility benchmarking information from housing providers supported by the Office of Multifamily Housing's assisted and insured housing programs and the Office of Public Housing's public housing program. HUD has also started requiring benchmarking in insured housing and for participants of certain voluntary programs, like the Green Mortgage Insurance Premium program. Staff Recommendations Cities across the United States that have implemented benchmarking, reporting and transparency ordinances provide a range of models for such policies. City staff, along with the BES Working Group, reviewed and evaluated policy options that other cities adopted (Attachment 4) in order to develop a recommended approach for building energy scoring in Fort Collins. Staff is recommending Council adoption of an ordinance in Q4 2018, which will focus on requirements on building owners to provide information but would not specify performance levels or upgrades. Pending Council feedback, the ordinance would: x Require building owners to benchmark and report energy performance data to the City; x Require the data be made available to the public; x Define a phased implementation based on building size and sector; x Define exemptions to the requirements, and x Define compliance mechanism(s). Benchmarking, Reporting and Transparency City staff recommend that the building energy scoring ordinance follow standards established for scoring commercial (non-industrial) and multifamily buildings using the ENERGY STAR® Portfolio Manager™ tool. City staff propose a required reporting element that involves creating a free Portfolio Manager™ account, tracking 12 months of energy use data and submitting a report created by Portfolio Manager™ to the City of Fort Collins on a yearly basis by a specific date each year. It is proposed that each year, the City of Fort Collins will publish an annual average energy use intensity (expressed kBtu/SF) and the 1-100 ENERGY STAR Score for the eligible buildings required to report. Data disclosed will represent the previous 12 months’ consumption data. The building energy scoring information will be posted to a public website hosted by the City and in the form of a map, and/or a buildings list. 20.1 Packet Pg. 338 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) August 28, 2018 Page 4 Phased Implementation City staff proposes a phased approach starting with existing larger buildings larger than 20,000 SF and eventually including smaller buildings greater than 5,000 SF. A phased approach starts with the public and commercial sectors and multifamily follows. A “covered buildings” list of commercial non-industrial buildings greater than 20,000 SF, shows 400 commercial buildings covered by the program during the first phase. This number would increase to 730 and 1,170 commercial buildings in years two and three respectively. For multi-family buildings, the phased approach would not include any buildings in year one, with 160 in year two and 245 in year three. Exemptions Properties wishing to claim an exemption from or an extension to the requirements proposed would submit a request to City staff, including supporting documentation for exemptions or extensions justifications. Voluntary participation for buildings under the minimum square foot threshold and buildings outside of the jurisdiction of the City of Fort Collins are HIGHLY encouraged to benchmark. Proposed exemptions include: x Industrial Uses - Buildings used primarily for manufacturing or other industrial purposes with intensive use of process energy x Financial Distress - Buildings experiencing qualifying financial distress x Participation in City Programs - Buildings participating in programs that ensure high-performance and high ENERGY STAR® scores, LEED, IDAP for the first three years of occupancy x Newly Constructed - Newly constructed buildings without one year’s worth of energy use data and received certificate of occupancy during current calendar year x Recent Sale - Recently sold buildings without one year’s worth of energy use data x Demolition Permit - A demolition permit was issued during the prior calendar year, provided that demolition work has commenced, and energy-related systems have been significantly compromised. x Partial Occupancy - A building that had an average physical occupancy of less than 50 percent throughout the calendar year x Unique Hardship - Where benchmarking or disclosure would cause exceptional hardship or would not be in the public interest Compliance and Enforcement Buildings that do not complete the three-step process of compliance (e.g., benchmarking, reporting, transparency) will receive a “Notice of Violation” to the building owner and entity registered through the Colorado Secretary of State’s business registry. City staff will make every effort to assist any building owner to comply and will notify building owners several times prior to one of the recommended compliance measures. These compliance options were compiled from other city programs. Options considered for non-compliance include: x Published Non-Compliance List: Non-compliance list publicly displayed on City website x Recurring Fine: If after three written notices, an owner has not complied with the ordinance, that owner may be fined up to $TBD per violation, not to exceed $TBD annually x Utility Surcharge: Utility surcharge that remains on the owner’s utility account until the report is received Supporting Programs and Staff Resources Implementation of a building energy scoring ordinance will necessitate supporting efforts to ensure success and results. Existing staff will support the effort, especially the role of BES Project Manager. x Help Center and Training: Provides trainings through “benchmarking jams” and services to building owners and managers through access to telephone and email support five days a week x Automated Benchmarking Services and Mapping: Provides automated uploads to ENERGY STAR® Portfolio Manager™ and capability to map building energy scores 20.1 Packet Pg. 339 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) August 28, 2018 Page 5 x Data Quality Verification and Compliance Tracking: Data management tool for Utilities program managers manage incoming benchmarking data x Preferred Brokers Network: Development of a network of trained real estate professionals with knowledge and experience in BES. Community Engagement Public participation engaged a cross section of community members representing commercial and multifamily building owners, operators and real estate professionals both in informal and formal settings to capture feedback about building energy scoring opportunities and barriers. Staff engaged community members to solicit feedback during open house meetings, community group meetings, 1:1 meetings, a benchmarking pilot, the OurCity online platform and a recurring working group. To ensure that diverse viewpoints were represented, in October 2017 the City formed a working group composed of various stakeholders. The Building Energy Scoring (BES) Working Group brought together key stakeholders over nine meetings to design and evaluate potential policy requirements for scoring and benchmarking buildings over time. Meetings Through open house meetings, community group meetings, 1:1 meetings, staff engaged community members to solicit feedback about a potential building energy scoring requirement. A mix of formal and informal sessions allowed staff to gather detailed input about the perceived impacts of a building energy scoring ordinance. Staff connected with numerous community members who offered their opinions, both supportive and concerned. A list of organizations and businesses engaged by staff is included as Attachment 5. Benchmarking Pilot To test internal and external assumptions related to ENERGY STAR® Portfolio Manager™,25 community members volunteered to work with Utilities’ staff to learn how to benchmark their properties. As part of the pilot program, Fort Collins Utilities provided an ENERGY STAR® score through an Efficiency Works facility assessment <http://www.fcgov.com/utilities/business/improve-efficiency/facility-assessment/>. Eligible buildings that received an ENERGY STAR® score of 75 or greater, at the time of the assessment, were eligible to receive a FREE verified ENERGY STAR® certification as an additional incentive to participate with the pilot. The pilot helped staff identify technical barriers and to scope potential investments needed by the utility to support building energy scoring policy implementation. During the pilot, staff were able to gather direct feedback related to the time commitment needed to benchmark, data accessibility barriers, and the customer’s awareness of how to interpret an ENERGY STAR® score for decision-making and how to promote the ENERGY STAR® score in the market. During the pilot’s one-year promotion, staff worked with 25 customers which covered approximately 100 buildings. Five of the 25 participants provided testimonials in BizWest highlighting the benefits of benchmarking (Attachment 6). The pilot taught staff how to provide a higher level of customer service related to building energy scoring and assisted staff with future staff resource planning. OurCity Platform Following CityPlan, building energy scoring was the second initiative uploaded onto the City’s OurCity online platform. The forum offers three information pathways: (1) a news feed with stories from other communities that either have or are exploring ordinances related to energy efficiency, (2) a survey to gather input from the community about a potential ordinance with responses (Attachment 7), and (3) a Q&A section that staff updates when community members post questions. BES Working Group Representatives of Fort Collins’ commercial sector volunteered to participate in a working group met monthly starting in October 2017. The BES Working Group assisted staff by creating and evaluating options for a potential building energy scoring ordinance that would allow commercial building owners, operators, and property managers to access whole building energy data, encourage energy efficiency actions and reduce operational costs. The group brought together key stakeholders to review policy options that other cities employed in their ordinances. 20.1 Packet Pg. 340 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) August 28, 2018 Page 6 Each month, staff revisited the purpose and objectives of the working group before each meeting. Purpose x Provide recommendations in an advisory role for staff to address building energy scoring benchmarking, and transparency in support of achieving the short and long- term goals of the Energy Policy and Climate Action Plan. x Provide recommendations for all eligible properties to provide a transparent building energy score by 2030. Objectives x Recommend essential services from Fort Collins Utilities required for effective implementation of building energy scoring. x Establish policy implementation parameters: timeline, building sector, sizes, etc. x Focus on larger commercial and multi-family buildings in short term with future timeline for inclusion of smaller buildings and homes. BES Working Group Members Name Business Group Affiliation Doug Dohn Dohn Construction Associated General Contractors of Northern Colorado Bob Hosanna The Neenan Company American Institute of Architects Terri Hanna W.W. Reynolds Northern Colorado Commercial Association of Realtors Mike Brown WSB Bank; Commercial Loan Officer Chamber of Commerce Brian Mannlein Vice Pres; Cushman Wakefield Chamber of Commerce Carrie Gillis Somerset Apartments Northern Colorado Rental Housing Association Lisa Winchester Crowne Properties Northern Colorado Rental Housing Association Marge Moore Shannon & Associates; Certified CO General Appraiser Northern Colorado Association of Real Estate Appraisers Michelle McLaughlin Mac Electric Plate River Power Authority Trade Ally Stephanie Barr Institute for the Built Environment (IBE) Colorado State University; USGBC Stu Reeves Energy Manager; City of Fort Collins Subject Matter Expert Kristin Candella Ex Director & CEO; Fort Collins Habitat for Humanity Affordable housing Kristin Fritz Real Estate Development Director; Housing Catalyst Affordable housing Jenny Madea Deputy Director, Neighbor to Neighbor Affordable Housing Feedback Themes Throughout the public engagement process, staff collected feedback from stakeholders and community members about a potential building energy scoring ordinance. Stakeholders expressed concerns as well as support for the proposed requirement. x Benefits: o More information in the market to inform consumer choices o Interest in programs that support real estate professionals to differentiate their businesses; selling and renting more properties o Phased implementation 20.1 Packet Pg. 341 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) August 28, 2018 Page 7 x Concerns o Potential negative impact to housing affordability o Potential costs to the City/Utilities to manage program o Time commitment for building owners o New regulations in general; including potential requirements for building upgrades ATTACHMENTS 1. Building Energy Scoring Peer Cities (PDF) 2. ENERGY STAR Portfolio Manager DataTrends (PDF) 3. Fort Collins ENERGY STAR Portfolio Manager Participation (PDF) 4. Menu of BES Policy Elements (PDF) 5. BES Community Engagement Summary (PDF) 6. BizWest Testimonials (PDF) 7. OurCity Survey Results (PDF) 8. Triple Bottom Line Scan BES Summary (PDF) 9. PowerPoint Presentation (PDF) 20.1 Packet Pg. 342 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Cities' Benchmarking Programs Jurisdiction Benchmarking Program/Policy Enacted Date Commercial/Industrial sqft Public/Government sqft Multi Family sqft Buildings Affected Floor Area Affected sqft Arlington County Community Energy Plan Atlanta Atlanta's Commercial Buildings Energy Efficiency Ordinance (No. 15-O-1101) 2015 Phased: •50,000 to •25,000 •10,000 Phased: •50,000 to •25,000 2,900 402,000,000 Austin Austin's Energy Conservation Audit & Disclosure Ordinance (#20081106-047) 2008 Phased: •75,000 to •10,000 •10,000 •5 dwellings 2,800 113,000,000 Berkeley Berkeley Energy Saving Ordinance (No. 7397) Phased: •50,000 to All Phased: •50,000 to All Phased: •50,000 to All 257 13,700,000 Boston Boston's Building Energy Reporting and Disclosure Ordinance 2013 Phased: •50,000 to •35,000 All Phased: •50,000 to •35 dwellings 1,600 250,000,000 Boulder Boulder Building Performance Ordinance (No. 8071) 2015 Phased: •50,000 to •20,000 •5,000 475 26,000,000 Cambridge Cambridge's Building Energy Use Disclosure Ordinance (No. 1360) 2014 Phased: •50,000 to •25,000 •10,000 •50 dwellings 1,121 78,026,252 Chicago Chicago's Energy Use Benchmarking Ordinance (No. SO2013-1645) 2013 Phased: •250,000 to •50,000 Phased: •250,000 to •50,000 Phased: •250,000 to •50,000 3,500 900,000,000 Cleveland Cleveland 2030 District Downtown Commercial Bldgs Columbus Columbus Energy Challenge 2014 •50,000 680 Cook County Cook County Building Energy Benchmarking Ordinance 2014 Phased: •250,000 to •35,000 Denver Denver Executive Order No. 123 2016 Phased: •50,000 to •25,000 •25,000 Phased: •50,000 to •25,000 3,000 360,000,000 Des Moines Energize Des Moines District of Columbia District of Columbia's Clean & Affordable Energy Act 2008 Phased: •200,000 to •50,000 •10,000 Phased: •200,000 to •50,000 2,000 357,000,000 Evanston Evanston Building Energy and Water Use Benchmarking Ordinance Cities' Benchmarking Programs Jurisdiction Benchmarking Program/Policy Enacted Date Commercial/Industrial sqft Public/Government sqft Multi Family sqft Buildings Affected Floor Area Affected sqft Reno ReEnergize Reno Buildings Challenge Riverside California Assembly Bill (AB) 802 2015 •50,000 •50,000 Rockville Building Energy Benchmarking for Non-Residential Buildings 2016 •50,000 •50,000 Sacramento California Assembly Bill (AB) 802 2015 •50,000 •50,000 Salt Lake City Salt Lake City Commercial Building Benchmarking and Market Transparency 2015 Phased: •50,000 to •25,000 •3,000 San Diego California Assembly Bill (AB) 802 2015 •50,000 •50,000 San Francisco Existing Commercial Buildings Energy Performance Ordinance 2011 Phased: •50,000 to •10,000 Phased: •50,000 to •10,000 2,312 203,000,000 San Jose California Assembly Bill (AB) 802 2015 •50,000 •50,000 Seattle Seattle's Building Energy Benchmarking and Reporting Program (No. 123993) 2012 Phased: •50,000 to •20,000 Phased: •50,000 to •20,000 Phased: •50,000 to •20,000 3,250 281,200,000 South Portland, ME Energy and Water Use Performance Benchmarking 2017 •5,000 •5,000 •10 dwellings St. Louis Building Energy Awareness 2017 •50,000 •50,000 •50,000 St. Paul Energy & Energy Conservation West Chester, PA ENERGY STAR Ordinance for Private Commercial Construction All Blue text indicates ordinance in place 2 Packet Pg Benchmarking and Energy Savings Do buildings that consistently benchmark energy performance save energy? The answer is yes, based on the large number of buildings using the U.S. Environmental Protection Agency’s (EPA’s) ENERGY STAR Portfolio Manager to track and manage energy use. Over 35,000 buildings entered complete energy data in Portfolio Manager and received ENERGY STAR scores for 2008 through 2011, which represents three years of change from a 2008 baseline. These buildings realized savings every year, as measured by average weather-normalized energy use intensity and the ENERGY STAR score, which accounts for business activity. Their average annual savings is 2.4%, with a total savings of 7.0% and score increase of 6 points over the period of analysis. Buildings that start with lower ENERGY STAR scores and higher energy use achieve the greatest savings. In fact, buildings starting with below average energy efficiency in 2008 (i.e., score under 50) saved twice as much energy as those starting above average. What is Source Energy? Source energy is the amount of raw fuel required to operate your building. In addition to what you use on -site, source energy includes losses from generation, transmission, and distribution of the energy. Source energy enables the most complete and equitable energy assessment. Learn more at: www.energystar.gov/ SourceEnergy Which buildings experienced the greatest savings? What is the ENERGY STAR score? The ENERGY STAR score is a 1-to-100 assessment of a building’s energy efficiency, as compared with similar buildings nation- wide. The score adjusts for climate and business activity. Learn more: www.energystar.gov/benchmark. DataTrends 267 258 252 248 2008 Baseline 2009 2010 2011 Energy Use Average Weather Normalized Soruce EUI (kBtu/ft2) Energy Savings in Portfolio Manager 7% Savings 58 61 63 64 2008 Baseline 2009 2010 2011 ENERGY STAR Score Average 1-100 Score 7% average energy savings and 6 point ENERGY STAR score increase among Portfolio Manager buildings Over 70% of the buildings (25,926) reduced their energy consumption, as shown in blue below. Close to 90% of these experienced average annual reductions in the range of 0 to 10%. A smaller number of buildings experienced average annual reductions greater than 10%, which may be expected with large scale energy efficiency investments. This suggests that slow and steady improvements over time are typical of buildings that consistently track and benchmark energy consumption. Energy savings were experienced by all building types. Among those with above average savings are Retail, Office, and K-12 School, the sectors with the most buildings benchmarking in Portfolio Manager. These buildings represent over 60% of the buildings benchmarking consistently from 2008-2011. How do savings levels vary among buildings? Organizations benchmarking consistently in Portfolio Manager have achieved average energy savings of 2.4% per year, and an average increase in ENERGY STAR score of 2 points per year in their buildings. If all buildings in the U.S. followed a similar trend, over 18 million metric tons of carbon dioxide equivalents could be saved each year. Through 2020, the total savings could be approximately 25%. What is the financial value of benchmarking? The financial value of benchmarking can be expressed in terms that are meaningful to each building sector. A savings of 2.4% for three consecutive years is equivalent to the following: For a 500,000 square foot office building: Cumulative energy cost savings of $120,000 Increase in asset value of over $1 million For a medium box retailer with 500 stores: Cumulative energy cost savings of $2.5 million Increase in sales of 0.89% For a full service hotel chain with 100 properties: Cumulative energy cost savings of $4.1 million Increase in revenue per available room of $1.41 For an 800,000 square foot school district: Cumulative energy cost savings of $140,000 Salary of 1.2 full time teachers each year What are the potential energy savings over time? Note: This analysis represents buildings benchmarking consistently from 2008 through 2011. The data is self reported and has been filtered to exclude outliers, incomplete records, and test facilities. Portfolio Manager is not a randomly selected sample and is not the basis of the ENERGY STAR score. To learn more, visit: www.energystar.gov/DataTrends. October 2012 0 50 100 150 200 250 300 Weather Normalized Source EUI (kBtu/ft2) Possible Savings: 25% by 2020 Average Annual Energy Change (2008-2011) in Weather Normalized Source EUI More than 10% Reduction Fort Collins, Colorado Activity Summary – ENERGY STAR Buildings This document summarizes ENERGY STAR Buildings activity in Fort Collins, Colorado, as of mid-April 2018. ENERGY STAR Partners Thousands of organizations across the country have committed to improving energy efficiency by partnering with ENERGY STAR.1 Nearly 25 organizations with primary addresses in Fort Collins are ENERGY STAR partners. View them all in the ENERGY STAR Fort Collins partner directory.2 Poudre School District was an ENERGY STAR award winner in 2003. Utility Engagement with ENERGY STAR Buildings Utilities work with ENERGY STAR to give their customers better access to the data they need to benchmark. Visit our data access map to see the utilities that are offering better access to data. ENERGY STAR offers tools, resources, and support for developing solutions. Xcel Energy (gas) offers data access, while Fort Collins Utilities (electric) currently does not. ENERGY STAR Certified Buildings The 1-100 ENERGY STAR score is at the core of ENERGY STAR certification.3 To earn a score, a building must be benchmarked in Portfolio Manager. A score of 75 or higher—indicating performance better than at least 75% of similar buildings nationwide—is required for ENERGY STAR certification. More than 70 buildings in Fort Collins are ENERGY STAR certified. View them all in ENERGY STAR’s Fort Collins registry of certified buildings. ENERGY STAR Portfolio Manager Benchmarking Data4 Portfolio Manager was queried for Fort Collins data, presented in the tables on the following page. Because this query is not part of EPA’s official program analysis, it is subject to several constraints, as described in footnote 4. There were nearly 390 Portfolio Manager benchmarks—totaling nearly 18 million square feet of floor area—in Fort Collins as of mid-April 2018. Since these are cumulative benchmarks, many of them may be older. The values do not represent active benchmarking, which would correspond with smaller numbers. 1 An overview of ENERGY STAR’s partnership types is available at www.energystar.gov/join. 2 This list includes all types of ENERGY STAR partners including Products and Residential partners, however partners that have primary locations elsewhere are not included. 3 The 1-100 ENERGY STAR score accounts for differences in operating conditions, regional weather data, and other key factors. 4 Data in Portfolio Manager is voluntarily submitted and self-reported, and there is no requirement that EPA or a third party verify it as part of the benchmarking process. While EPA applied filters to remove likely fake and duplicate properties in this query, the Agency did not review individual building data for completeness, accuracy, or redundancy. These aggregate figures are not subject to formal review as part of ENERGY STAR program evaluation. ATTACHMENT 3 20.1 Packet Pg. 347 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Fort Collins, Colorado Activity Summary – ENERGY STAR Buildings Table 1. Benchmarking Activity by Property Type over Time This table shows cumulative benchmarking activity over time, for the Portfolio Manager-defined property types with the most benchmarks in Fort Collins. Since these are cumulative benchmarks, many of them may be older. The values do not represent active benchmarking in each year, which would correspond with smaller numbers. Multifamily Housing Office K-12 School Retail Store Residence Hall/ Dormitory Dec. 2017 count 102 70 45 31 18 Dec. 2017 floor area 3,072,946 3,248,286 3,527,824 1,256,962 1,602,031 Dec. 2016 count 47 64 45 31 18 Dec. 2016 floor area 1,788,335 3,069,296 3,527,824 1,256,962 1,602,031 Dec. 2015 count 42 62 45 29 17 Dec. 2015 floor area 1,321,943 3,014,296 3,527,824 1,229,069 1,590,456 Table 2. Average 1-100 ENERGY STAR Score by Property Type5 This table shows the average 1-100 ENERGY STAR Score by Portfolio Manager-defined property type as of mid- April 2018, for property types with the most benchmarks by count. Multifamily Housing Office K-12 School Retail Store Residence Hall/ Dormitory Count 104 72 45 31 18 Floor area (FT2) 3,430,117 3,269,829 3,527,824 1,256,962 1,602,031 Average 1-100 ENERGY STAR score 92.6 6 61.8 89.5 69.3 93 6 Table 3. Benchmarking Activity by Size Bin by Property Type This table shows benchmarking activity within Portfolio Manager-defined property types with the most benchmarks by count as of mid-April 2018, broken down into size bins.7 Multifamily Housing Office K-12 School Retail Store Residence Hall/ Dormitory 0-4,999 FT2 count N/A N/A N/A N/A N/A 0-4,999 FT2 floor area N/A N/A N/A N/A N/A 5,000-9,9999 FT2 count 25 7 N/A N/A N/A 5,000-9,999 floor area 204,980 52,814 N/A N/A N/A 10,000-19,999 count 33 17 N/A 9 N/A 10,000-19,999 floor area 467,830 260,814 N/A 132,921 N/A 20,000+ count 46 45 42 19 16 20,000+ floor area 2,754,067 2,948,377 3,342,300 1,110,782 1,581,456 5 Note that ENERGY STAR scores will change for many benchmarks after EPA’s updates planned for August 26 th, 2018. Learn more at www.energystar.gov/scoreupdates. 6 The average 1-100 ENERGY STAR Scores for Multifamily Housing and Residence Hall/Dormitory presented here are unusually high. This likely indicates that many of these properties are being benchmarked incorrectly, potentially by not including complete energy use data. It is recommended that these values be considered and used with extreme caution. 7 If a property type has fewer than 5 benchmarks, it is presented here as N/A to ensure building owner/manager privacy. 20.1 Packet Pg. 348 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Menu of Policy Elements 1 ATTACHMENT 4 20.1 Packet Pg. 349 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Benchmarking Tool Use EPA/DOE ENERGY STAR® Portfolio Manager® free, online, benchmarking tool/platform Develop and use local, customized tool/platform or use off-the-shelf proprietary benchmarking tool (costs vary) 2 20.1 Packet Pg. 350 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Building Energy Scoring Index Energy Use Intensity (EUI) is based on whole building energy use per square foot, ex. kBtu/ft2 captures electricity and natural gas into one unit List of efficiency features, examples could include high- efficiency water heaters, insulation or windows with particular R-values, Roof-top units with particular SEER ratings 1 – 100 score based on comparison to similar buildings across the nation, normalized for local climate 3 20.1 Packet Pg. 351 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Property Types/Sectors Non-residential, ex. retail, office, restaurants, mixed use Residential with 4 or more units Municipal buildings Facilities used for manufacturing, altering, repairing, cleaning, washing, breaking-up, adapting or processing any article; generating power or slaughtering livestock 4 20.1 Packet Pg. 352 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Property Size 5 20.1 Packet Pg. 353 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Benchmarked Utilities Provided by Fort Collins Utilities Provided by Fort Collins Utilities Provided by Xcel or Third-Party Provider 6 20.1 Packet Pg. 354 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Reporting Trigger Events Building owner reports initial BES information to City at time of lease signing Building owner reports initial BES information to City at time of property sale Building owner reports initial BES information to City on designated date 7 20.1 Packet Pg. 355 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Reporting Frequency Building owner reports BES information to City on designated date each year Building owner reports BES information to City at time of lease signing or property sale 8 20.1 Packet Pg. 356 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Transparency & Disclosure BES information is posted to a public website on a map and/or buildings list BES information is posted on a placard, decal or certificate at the entrance/lobby of a property BES information is provided to private parties involved in a sale or lease transaction BES information is provided to any party requesting information for a particular property 9 20.1 Packet Pg. 357 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Reporting Retention Reported BES information is retained at City offices Reported BES information is retained at property owner offices Reported BES information is retained at third- party offices 10 20.1 Packet Pg. 358 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Implementation Timeline All covered buildings are required to benchmark starting on the first date of compliance In the first year of compliance, only buildings of a certain size are required to benchmark. In subsequent years, other sizes of buildings are required to benchmark. In the first year of compliance, only buildings of a certain property type are required to benchmark. In subsequent years, other property types are required to benchmark. In the first year of compliance, only buildings of certain sectors are required to benchmark. In subsequent years, other sectors are required to benchmark. 11 20.1 Packet Pg. 359 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Supporting Programs (page 1 of 2) City and partnering organizations provide BES trainings to help owners with Portfolio Manager, ex. Benchmarking Jams Public recognition for high-performing buildings, ex. highly-scored buildings receive certificate from City and ENERGY STAR® A Help Center provides phone and email customer service support to help building owners with benchmarking City and Utilities streamline efficiency incentives and financing programs to align with benchmarking 12 20.1 Packet Pg. 360 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Supporting Programs (page 2 of 2) City and Utilities develop criteria for local brokers to join a network supporting efficiency-focused real estate transactions City and Utilities develop incentives for developers and trade allies to incorporate green building practices Utilities develops system to automate monthly transfers of energy use data to ENERGY STAR® Portfolio Manager® Utilities develops systems for coordination among utilities to populate Portfolio Manager with electricity, natural gas and water usage on a monthly basis 13 20.1 Packet Pg. 361 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Exemptions (page 1 of 2) Buildings used primarily for manufacturing or other industrial purposes with intensive use of process energy Buildings experiencing qualifying financial distress Buildings participating in programs that ensure high-performance and high ENERGY STAR® scores, ex. IDAP for first three years Newly constructed buildings without one year’s worth of energy use data and received certificate of occupancy during current calendar year 14 20.1 Packet Pg. 362 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Exemptions (page 2 of 2) Recently sold buildings without one year’s worth of energy use data A demolition permit was issued during the prior calendar year, provided that demolition work has commenced and energy-related systems have been significantly compromised A building that had an average physical occupancy of less than 50 percent throughout the calendar year Where benchmarking or disclosure would cause exceptional hardship or would not be in the public interest 15 20.1 Packet Pg. 363 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Compliance Suspension of commercial building license or delayed permitting Example: For the first missed deadline, a written warning may be issued. Any subsequent or ongoing non-compliance will be subject to a fine of up to $ per ___. Example: If after three written notices, an owner has not complied with the ordinance, that owner may be fined up to $ per violation, not to exceed $ annually. Non-compliance list publicly displayed on City website 16 20.1 Packet Pg. 364 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Additional Requirements Buildings with a score below XX are required to receive an energy efficiency audit provided by Efficiency Works Business Buildings with a score below XX are required to retune every X years 17 20.1 Packet Pg. 365 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Building Energy Scoring – Community Engagement 2017 – 2018 Businesses All Property Services, Inc. Assent Real Estate Professionals Brendle Group Brinkman Partners CBRE Charco Broiler Chrisland Real Estate Companies Colorado State University - Everitt Real Estate Center Colorado State University - Housing and Dining Colorado State University - Institute for the Built Environment Crowne at Timberline The Preserve at The Meadows Energy & Operations Services Front Range Community College IFMA Keystone Real Estate Larimer County Mac Electric McFaddin Group/Revive/ReMax McWhinney Mountain N Plains New Colony Apartments nTherm Platte River Power Authority Poudre School District Poudre Valley Hospital Rams Village Real Estate Personnel, Inc RealTec Realty River Rock Commons Condominium Association Roots Realty New Colony Apartments Somerset Apartments Subway Terracon Consultants, Inc. The Group Thompson School District Unitarian Church WayPoint Realty ATTACHMENT 5 20.1 Packet Pg. 366 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Special Interest Groups BizWest Chamber of Commerce Commercial Real Estate Women Community for Sustainable Energy Development Review Advisory Committee Energy Board Fort Collins Board of Realtors Fort Collins Senior Advisory Board Fort Collins Sustainability Group Fort Collins Sustainability Group Housing Catalyst International Facility Management Association League of Women Voters Natural Resources Advisory Board North Fort Collins Business Association North Fort Collins Rental Housing Association Northern Colorado Commercial Association of Realtors Northern Colorado Renewable Energy Society Plate River Power Authority - Trade Ally network South Fort Collins Business Association Southwest Energy Efficiency Project U.S. Green Building Council Urban Land Institute Colorado Energy Office 20.1 Packet Pg. 367 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) ATTACHMENT 6 20.1 Packet Pg. 368 20.1 Packet Pg. 369        #  66 , 8  #  696 % 6 $ . -  "9 # /2" ) '+( --'-( $'#( (!0#/ 5   3 !0%  /  25 #% 3 !2 0/ %$ 25 #% *          #  696 &  "11  +  ""  #  66 ) /2 !- @9 "OPOZNPVT 6 6 !! / "OPOZNPVT ;676 !, /9 !+ @9 !) . # .  #  66  #  696 $    % 5 #$   !2    ! 55  !%?&C C%   $%  % %  % 2C%5 2 2% //   55 %  %%         <  #  6 6 Building Energy Scoring Building Energy Scoring (BES) is a Benchmarking, Reporting, and Transparency program that compares the building’s energy performance of one building against another. BES addresses the challenge of extending the value of energy efficiency improvements to all buildings over time. Reporting and transparency allows commercial real estate stakeholders such as investors and tenants to evaluate the highest-performing, lowest-operating cost option, and monitor their performance in the market place. This scan considers the required benchmarking, reporting and transparency elements of the recommended policy proposal. Positive Will provide opportunities for education and support of environmental stewardship principles, e.g., by transparently providing energy efficiency information in market transactions May be able to charge a premium for rented space which may be an incentive to participate in energy efficiency programs offered by the City in the future Negative Positive More information in the market to inform consumer choices about the most energy efficient option for their needs. Building Owner may be able to charge a premium for rented space with a high building energy score. Negative Building owners time investment requirement of 4-6 hours in year 1 and 1-2 hours annually in subsequent years. Buildings that do not report their annual energy score to the City may be required to pay a recurring fine. Positive More information in the market allows residents in multifamily housing or small business looking to lease to select the lowest operating cost option. Negative Buildings with low energy score may experience social pressure to improve. Building Owner may be able to charge a premium for rented space with a high building energy score. Tradeoffs x A mandatory program is likely to be met with the greatest initial resistance yet has been demonstrated across peer cities to have the greatest impact (e.g., square footage of buildings that participate). Mitigations x To ensure the program is successfully rolled out and impacts on building owners and tenants are managed, a phased implementation of larger to mid-sized commercial buildings first and then multi-family is recommended Key Alignment: ENV 4.1: Achieve Climate Action Plan (CAP) 2020 goals and continue progress toward the 2030 goals; ENV4.5 Work towards long-term net zero energy goals using systems approach; ECON3.8 Maintain electric utility systems, services, infrastructure integrity, stable competitive rates; Open Data Policy adopted 2017 Building Energy Scoring Through a partnership with City Energy Project, Staff is leveraging peer networks from over 20 Cities to learn from other approaches: what's working and what's not. There are now 26 U.S. cities with benchmarking and transparency ordinances along with a few states nationwide. Many of these programs are newer and a full understanding of the impact of these policies continues to be reviewed. In one example: Chicago commercial and multifamily properties required to report have improved their energy performance by 8% in just one year saving over $16 million dollars per year in energy costs. Fort Collins Utilities conservatively estimates a minimum 2% savings contributing to the emissions reduction goal in 2030; and will continue to monitor the savings, expected to be much more than these preliminary estimates. Several community members have expressed concerns with the Building Energy Scoring program’s impact on affordable housing. Although a 2008 national CoStar study shows rental rates in ENERGY STAR commercial buildings represent a $2.40 per square foot premium over comparable non-ENERGY STAR buildings and have 3.6 percent higher occupancy, it is unknow how the Fort Collins market will respond to ENERGY STAR scores. Given the benefits of energy efficiency and additional information in the market from transparency of ENERGY STAR Scores, it is anticipated that commercial tenants will benefit from more information and the ability to select the lowest operating cost option. 20.1 Packet Pg. 397 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 1 Building Energy Scoring Program Kevin R. Gertig, Utilities Executive Director Kirk Longstein, Project Manager; John Phelan, Energy Services Manager 8-28-18 ATTACHMENT 9 20.1 Packet Pg. 398 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 2 Impact to Council Priorities ENV 4.1 ENV 4.5 ECON 3.8 20.1 Packet Pg. 399 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 3 Questions for Council 1) Does Council support staff bringing forward a Building Energy Scoring (BES) ordinance in Q4 2018? 2) If yes, does Council suggest any additional outreach before bringing these requirements back to Council? 20.1 Packet Pg. 400 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) What Is Building Energy Scoring (BES)? 4 1 Benchmarking 2 Reporting 3 Transparency 20.1 Packet Pg. 401 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 5 Nationwide Approaches 20.1 Packet Pg. 402 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) BES: Benchmarking 6 Fuel Efficiency: MPG Building Energy Score: 1 to 100 1 Benchmarking 20.1 Packet Pg. 403 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) BES: Reporting 7 2 Reporting 20.1 Packet Pg. 404 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 8 BES: Transparency 20.1 Packet Pg. 405 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Benefits of BES 9 1 Benchmarking 2 Reporting 3 Transparency • Energy and emissions reductions • Lower operating costs • Identifying opportunities for investment • Market Transparency for consumers • Market recognition of building performance 20.1 Packet Pg. 406 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 10 Our Process FCgov.com/BES-feedback • Public Engagement • BES Working Group 20.1 Packet Pg. 407 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 11 Key Stakeholder Engagement • Working group • Business associations • Pilot participants Events and Online • “Our City” Online Platform • Booths • Community Open House General Outreach • Articles: BizWest, CREJ • Press releases • Community groups 11 Public Engagement 20.1 Packet Pg. 408 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 12 Community Feedback Concerns…………………………….……………………………………Support Phased Implementation Interest in programs that support Real Estate Professionals differentiate their business; selling and renting more properties New regulations that require future building upgrades More information in the market to inform consumer choices Time Commitment Affordable Housing Cost to Business and the City 20.1 Packet Pg. 409 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Staff Recommendations 13 • Council Adoption of an Ordinance in Q4 2018 • Requires Information and does not require upgrades • Requires building owners to benchmark and report energy performance data to the City • Requires the data be made available to the public • Defines a phased implementation based on building size and sector • Defines scenarios for exemptions to the requirements • Defines compliance mechanism(s) 1 Benchmarking 2 Reporting 3 Transparency 20.1 Packet Pg. 410 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Building Energy Scoring Journey 14 Multifamily Notifications & Data Collection Annual Report Due Public Display of Score 1 Benchmarking 2 Reporting 3 Transparency 2 0.1 Packet Pg. 411 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Recommended Phased Implementation 15 Multifamily Notifications Æ Data Collection Annual Report Due Public Display of Score 2019 2020 2021 2022 Commercial Year 20.1 Packet Pg. 412 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Recommended Phased Implementation 16 Multifamily Notifications Æ Data Collection Annual Report Due Public Display of Score 2019 2020 2021 2022 Commercial Year >20k ft annual reporting continues… 2 20.1 Packet Pg. 413 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Recommended Phased Implementation 17 Multifamily Notifications Æ Data Collection Annual Report Due Public Display of Score 2019 2020 2021 2022 Commercial >20k ft2 >20k ft2 Year annual reporting continues… 20.1 Packet Pg. 414 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Recommended Phased Implementation 18 Multifamily Notifications Æ Data Collection Annual Report Due Public Display of Score 2019 2020 2021 2022 Commercial >10k ft 2 >10k ft2 Year >20k ft2 >20k ft2 annual reporting continues… 20.1 Packet Pg. 415 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) Building Energy Scoring: Compliance 19 Non-Compliance Options • Utility surcharge • Reoccurring fine Exemptions • Industrial use types • Financial distress • Partial occupancy • New construction 1 Benchmarking 2 Reporting 3 Transparency 20.1 Packet Pg. 416 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 20 Triple Bottom Line Scan Results Environmental Economic Social Highconfidence NegativeImpact PositiveImpact LowConfidence Takeaways: • Positive impact in all three legs, e.g., transparency & increased program uptake • Uncertainty on market response affected confidence levels 20.1 Packet Pg. 417 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 21 Questions for Council 1) Does Council support staff bringing forward a Building Energy Scoring ordinance in Q4 2018? 2) If yes, does Council suggest any additional outreach before bringing these requirements back to Council? 20.1 Packet Pg. 418 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) The attachment includes the actions required by building owners and the actions needed by City of Fort Collins Staff to achieve the required transparency highlighted by the ordinance. The table highlights the following: • No additional resources are needed in 2019 and 2020 to provide the customer services needed to support building owners with Portfolio Manager, data access, and reporting through the Portfolio Manager tool. • Fort Collins Utilities will provide data to the building owners and Building Owners will provide reports transmitted through Portfolio Manager to the City. Program Requirements Program Year Building Owners City of Fort Collins City Department Lead Benchmarking 2019 Create EPA Portfolio Manager account (free) Supports building owners enters property use type details into EPA Portfolio Manager tool Fort Collins Utilities Connect Energy Usage Data to Portfolio Manager Staff will verify customers and provide usage data formatted for ENERGY STAR Portfolio Manager. Reporting 2020 Data Verification Staff will ensure data quality before public disclosure. Transmit REPORT from Portfolio Manager Owners will submit a report to the City via Portfolio Manager Transparency 2021 Energy Performance information is made publicly available through FC Open Data initiatives After ensuring data quality and data privacy consistent with Chapter 26-26, the City will post score to the public City Manager's Notification and Office Enforcement 2022 Civil fines not to exceed $1,000 per year, and no criminal charges. City Staff will follow procedures outlined in the established enforcement plan and pursuant to Section 2-503 of the Municipal Code Exemptions The Ordinance includes exemptions to the requirements based on capabilities of Portfolio Manager® and unique building characteristics. City Staff will publish exemptions through the established enforcement plan and pursuant to Section 2-503 of the Municipal Code ATTACHMENT 2 20.2 Packet Pg. 419 Attachment: Initial Compliance Checklist (7329 : Building Energy and Water Scoring) Page 1 of 5 Generated On: 10/30/2018 Portfolio Manager - What data is required? In order for Portfolio Manager to calculate metrics about your property, you must provide several key pieces of information about your property's operation, in addition to your energy, water or waste data. The information required varies by the type of property and whether or not your property is eligible for an ENERGY STAR Score. Data Required for All Properties Property Name ______________________________________________________________ Property Address ____________________________________________________________ Total Gross Floor Area of Property _____________________________________________ Sq. Ft./Sq. M. Irrigated Area _______________________________________________________________ Sq. Ft./Sq. M./ Acres Year Built/Planned for Construction Completion __________________________________ Occupancy __________________________________________________________________ % Number of Buildings _________________________________________________________ Helpful Hints for All Properties • Definitions for Property Use Details are available in the Portfolio Manager Glossary (in the Help section, or https://portfoliomanager.energystar.gov/pm/glossary). • Some properties may contain multiple Property Uses within a single building (e.g. office, data center, and parking; OR K-12 School and Swimming Pool). In most cases, EPA recommends you enter as few Property Uses as possible. More information about when to enter a separate Property Use is in this FAQ. • For properties with multiple tenants within the same property use (e.g. Office), these tenants should be entered separately only when the number of Weekly Operating Hours differs by more than 10 hours. For example, say an Office Building has a Gross Floor Area of 100,000 square foot (SF) where 75,000 SF operates 60 hours a week and 25,000 SF operates 80 hours a week. Enter these as two separate Property Uses (one 75,000 SF property and one 25,000 SF property). ATTACHMENT 3 20.3 Packet Pg. 420 Attachment: Sample Portfolio Manager Data Collection Worksheet (7329 : Building Energy and Water Scoring) Page 2 of 5 Generated On: 10/30/2018 Office Uses Data Collected for Office Uses The following information is required to get an ENERGY STAR Score ( if eligible): Gross Floor Area ______________________________________________________________ Weekly Operating Hours ______________________________________________________________ Number of Workers on Main Shift ______________________________________________________________ Number of Computers ______________________________________________________________ Percent That Can Be Cooled ______________________________________________________________ The following information is optional and not used to calculate a score; it may inform future analysis and score revisions by EPA and/or may help you manage and compare your properties: Percent That Can Be Heated ______________________________________________________________ Definition for Office Office refers to buildings used for the conduct of commercial or governmental business activities. This includes administrative and professional offices. Gross Floor Area (GFA) should include all space within the building(s) including offices, conference rooms and auditoriums, break rooms, kitchens, lobbies, fitness areas, basements, storage areas, stairways, and elevator shafts. If you have restaurants, retail, or services (dry cleaners) within the Office, you should most likely include this square footage and energy in the Office Property Use. There are 4 exceptions to this rule when you should create a separate Property Use: If it is a Property Use Type that can get an ENERGY STAR Score (note: Retail can only get a score if it is greater than 5,000 square feet) If it accounts for more than 25% of the property's GFA If it is a vacant/unoccupied Office If the Hours of Operation differ by more than 10 hours from the main Property Use More on this rule. 20.3 Packet Pg. 421 Attachment: Sample Portfolio Manager Data Collection Worksheet (7329 : Building Energy and Water Scoring) Page 3 of 5 Generated On: 10/30/2018 Helpful Hints for Office • If more than 10 percent of the office's gross floor area on average was vacant through the last 12 months, enter the vacant space as a separate Property Use with zero for Weekly Operating Hours, Number of Workers on Main Shift and Number of Computers. • The Weekly Operating Hours value is the number of hours per week that the office is occupied by the majority of its occupants. It should not include hours when the building is occupied solely by maintenance/security personnel or HVAC run times when the building is not occupied by the majority of occupants. • The Number of Workers on Main Shift should be entered as the number of workers present on a site at the same time, not the total number of workers added up across all shifts during a day. • When determining the Number of Computers, do not count extra monitors or tablets. For example, a desktop computer with 3 monitors would count as 1. Similarly, a laptop computer with an external monitor would count as 1. 20.3 Packet Pg. 422 Attachment: Sample Portfolio Manager Data Collection Worksheet (7329 : Building Energy and Water Scoring) Page 4 of 5 Generated On: 10/30/2018 Meter Information What's required to see metrics: • 12 consecutive, complete months of bills if your energy or water is metered continuously. • At least one delivery if your energy is delivered in bulk quantities (e.g. filling a propane tank.) Please copy this sheet as needed to account for all meters at your property. Basic Meter Information Meter Name or ID ________________________________________________________________ Meter Type (e.g. Electricity) ________________________________________________________________ Units (e.g. kWh) ________________________________________________________________ Date Meter Became Active ________________________________________________________________ Date Meter Became Inactive ________________________________________________________________ You can use the form below to get ready to enter your data so you can see metrics, however you can create your property and set up your meters without entering your meter data. You can add bills later. Meter Bills Start Date/Delivery Date End Date (leave blank for deliveries) Usage/Quantity Cost (optional) 20.3 Packet Pg. 423 Attachment: Sample Portfolio Manager Data Collection Worksheet (7329 : Building Energy and Water Scoring) Page 5 of 5 Generated On: 10/30/2018 20.3 Packet Pg. 424 Attachment: Sample Portfolio Manager Data Collection Worksheet (7329 : Building Energy and Water Scoring) ATTACHMENT 4 20.4 Packet Pg. 425 Attachment: Sample Annual Reporting Portal (7329 : Building Energy and Water Scoring) 7 Transparency ATTACHMENT 5 20.5 Packet Pg. 426 Attachment: Sample Transparency Map (7329 : Building Energy and Water Scoring) ATTACHMENT 6 20.6 Packet Pg. 427 Attachment: Memo to Council September 11, 2018 (7329 : Building Energy and Water Scoring) 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 MEMORANDUM DATE: September 19, 2018 TO: Mayor Troxell and Councilmembers FROM: John Phelan, Energy Services Senior Manager Kirk Longstein, Energy Services Project Manager THROUGH: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Kevin R. Gertig, Utilities Executive Director RE: August 28, 2018 Work Session Follow-Up – Building Energy Scoring The purpose of this memo is to provide City Council additional information on the community benefits of the program, linkages to existing programs, results from incentive-based approaches and outreach plans for the Business Energy Score (BES) program based on the August 28, 2018 Council Work Session. Staff is requesting guidance from the Leadership Planning Team (LPT) on when to schedule the Building Energy Scoring program on the six-month calendar for formal consideration. Summary Responses (additional background included on pages 3-6)  BES contributes to Energy Policy goals for energy efficiency and greenhouse gas (GHG) emission reduction goals of the Climate Action Plan. Short-term reductions come from direct operational savings and enabling participation in efficiency incentive programs. Estimates for electricity savings over the first four years are up to 30,000,000 kilowatt-hours, or 2% of community-wide electricity use (table 1, page 4). This would reduce the carbon emissions inventory by approximately 1% and BES is also amongst the most cost-effective CAP initiatives (table 2, page 4).  BES contributes to Fort Collins Climate Economy objectives for clean energy investment, green job creation and expansion of local business opportunities. Having credible and transparent building performance information which becomes part of standard real estate transactions, both lease and sales, allows the local market to recognize the value of high performance buildings and related efficiency investment. BES aligns with EPIC financing (aka on-bill) and Colorado’s Commercial Property Assessed Clean Energy (C-PACE) financing tools to leverage private sector capital for investment. In addition, BES brings a consumer advocacy benefit by improving the available choices for tenants of all kinds to select lower operating cost options. DocuSign Envelope ID: 12C85ECA-B841-4781-B6BC-11877FC490E6 9/19/2018 9/19/2018 9/19/2018 9/20/2018 9/20/2018 ATTACHMENT 7 20.7 Packet Pg. 428 Attachment: Memo to Council September 25, 2018 (7329 : Building Energy and Water Scoring) Page 2 of 6  BES aligns with existing programs and planned initiatives delivered by Utilities and Platte River Power Authority. BES aligns closely with the Efficiency Works – Business (EW-B) program, providing assessments, incentives, technical assistance and a contractor network. The EW-B program is in the process of adding a real estate professional network to provide training and support local commercial real estate and property managers to incorporate energy performance into their business processes. With BES implementation, in addition to the reporting and transparency recommendations, Utilities will be: o improving automation of benchmarking services through coordination with partner utilities and Environmental Protection Agency (EPA) Portfolio Manager; and o developing education and training materials for stakeholders, including building owners, property managers, real estate professionals, appraisers and tenants; and o developing a marketing and communications approach targeted to both “sides” of a rental or lease transaction in the multifamily and commercial segments; and o developing additional tools to recognize high performing buildings and provide targeted efficiency recommendations in support of improving scores.  Based on local and national pilots, BES will provide these outcomes only through a reporting requirement approach. Councilmembers specifically inquired about the use of incentives to achieve similar outcomes. Through the City Energy Project (CEP) grant, staff has access to results and resources from 19 other U.S. cities that have or are in the process of passing ordinances that require benchmarking, reporting, and/or transparency. Three jurisdictions initiated voluntary programs and experienced low participation rates thus moving to required programs to reach their goals. Over the course of 12 months, starting in May 2017, Fort Collins Utilities incentivized building owners to participate in a benchmarking pilot by providing a free ENERGY STAR ® certification for eligible properties. The $1,000 incentive covered the cost for a Professional Engineer (PE) certification of the ENERGY STAR score. Of the 3,000 potential participants contacted via direct emails, utility newsletters and bill inserts, and ENERGY STAR outreach to local partners, 25 customers participated in the pilot to benchmark their properties and six customers took advantage of the incentive (<1% of potential participants). Based on this data and experience from other communities, staff continues to recommend a reporting requirement approach to achieve the critical mass of building scores which will deliver the energy and local economic benefits noted above. DocuSign Envelope ID: 12C85ECA-B841-4781-B6BC-11877FC490E6 20.7 Packet Pg. 429 Attachment: Memo to Council September 25, 2018 (7329 : Building Energy and Water Scoring) Page 3 of 6 Background Community Benefits and Support to Climate Economy Objectives Building Energy Scoring contributes to Fort Collins’ Climate Economy by enabling activities that encourage clean energy investment and green job creation and expansion. BES aligns with City and Utility programs aimed at reducing energy use, promoting public collaboration, and increasing transparency and informed decision making. Achieving a critical mass of credible and transparent information on building performance allows the market to assign value to energy efficiency over time. BES engages the market by raising public awareness about energy tracking and efficiency and helps tenants make better informed decisions about their operating costs. For a small business owner, energy costs rank third behind salaries and mortgage/rent. Additionally, money saved by lower utility costs in the pockets of community members revolves within the local economy. An uptick in BES-driven facility assessments increases demand for a larger clean energy workforce. With On-Bill Financing and Colorado PACE, financing tools are available to work in concert with existing energy efficiency programs. Contributions of BES to Climate Action Plan and Energy Policy Goals Building Energy Scoring that involves 100 percent of eligible properties is necessary to achieve 2030 climate goals. In addition, BES contributes to Energy Policy goals for energy efficiency targets. As a stand-alone activity, the act of benchmarking contributes to a national average annual 2.5 percent decrease in energy use due to operational changes as a by-product of awareness and education during the energy tracking process. Coupled with Efficiency Works – Business, the act of benchmarking, reporting and transparency drives customers to seek a facility assessment to improve their properties’ performance with a 30 percent conversion rate to an energy efficiency project on the property. As presented in Table 1, a phased approach to adding more buildings to the program in each of the first four years of the program will contribute to electricity use reductions. Natural gas savings are also expected. Table 1. Annual Contributions of BES to CAP and Energy Policy goals. (C=commercial, M=multifamily) Year 2019 2020 2021 2022 Building Size C: >20k ft 2 C: >10k ft 2 M: >20k ft 2 C: >5k ft 2 M: >10k ft 2 C: >5k ft 2 M: >5k ft 2 % Community Electricity Usage of Covered Buildings 30% 41% 46% 46% Behavioral Energy Savings (range from 2-5% savings) 7,000 - 18,000 MWh 10,000 - 25,000 MWh 11,000 - 28,000 MWh 11,000 - 28,000 MWh EW-B Project Savings from BES Contributions 1 1,200 MWh 1,500 MWh 1,600 MWh 504 MWh 1Assumes 50% of properties will receive a score less than 50 and will undergo a facility assessment through EW-B. Assumes 30% of assessments convert to projects, with an average 20,000 kwh savings per project. EW-B annual Page 4 of 6 Program Cost per kWh Savings 4 Number of Properties 5 Building Code Amendments & Compliance $54 3,000 Building Energy Efficiency – Ongoing $35 7,500 Building Energy Scoring (BES) $21 1,540 4 Data presented at May 2018 Council Work Session. 5 Based on 100% eligible properties participating through 2022. Relationships among BES and existing programs Building Energy Scoring aligns with existing programs and planned activities within the Utility and City (table 3). While the Efficiency Works – Business (EW-B) program is expected to provide the primary set of tools for supporting BES covered buildings, other programs are aligned as well. For instance, a component of ClimateWise is to bring awareness and leverage the theory of change to channel participation towards Utility incentive programs. Table 3. Relationships among BES and existing programs. Existing program Building Sector Timeline Relationship to Building Energy Scoring (BES) Efficiency Works – Business (EW-B) Business Ongoing Can’t manage what you do not measure: BES establishes a baseline that drives property owners toward a free EW-B facility assessment ClimateWise Business Ongoing Benchmarking and reporting counts towards an Energy Badge in the comprehensive suite of sustainability badges offered in ClimateWise City Energy Project Business 2 year Grant to support Building Energy Scoring program and energy efficiency in commercial buildings Green Buildings Program Business and Residential Ongoing Community awareness of all green building programs/incentives including benchmarking Integrated Design Assistance Program (IDAP) Business Ongoing Benchmarking is used to aid in verification of performance for incentives Page 5 of 6 California Public Utility Commission found that 84 percent of those who benchmarked their buildings said that they either had, or planned to, implement energy efficiency improvements. In Fort Collins, Efficiency Works – Business provides free assessments, technical assistance and incentives for energy efficiency projects, with benchmarking serving as a relatively inexpensive driver to the EW-B program. Further aligning BES to existing programs is the integration of Utilities and Sustainability staff into cross-functional projects. Existing staff can support customers with BES and developing education and training materials for stakeholders. For example, real estate and property managers are a target audience for delivering energy performance information that they can share with potential tenants in the community. Incentivizing Building Energy Scoring The City of Fort Collins, through its City Energy Project (CEP) grant, has access to staff and resources from 19 other U.S. cities that have or are in the process of passing ordinances that require benchmarking, reporting and transparency. Most cities in the CEP cohort have ambitious climate goals but do not house municipal utilities and therefore have limited resources to stand up energy efficiency programs. Three jurisdictions initiated voluntary programs experienced low participation rates and moved to mandatory programs to reach their energy efficiency and climate goals. Some CEP cities developed non-monetary incentives for energy efficiency efforts such as awards or challenge programs that provide recognition for buildings that reduce energy use over time. Staff recommends a mandatory requirement to ensure 100 percent participation of eligible buildings in order to meet climate and energy goals within the community. Over the course of 12 months starting in May 2017, Fort Collins Utilities incentivized building owners to participate in a benchmarking pilot by providing a free ENERGY STAR ® certification for eligible properties. The $1,000 incentive covered the cost for a Professional Engineer (PE) to verify the Building Energy Score of 75 or above which then allowed the customer to receive a nationally-recognized ENERGY STAR ® certification plaque/decal to display at their property. Of the 3,000 potential participants contacted via direct emails, utility newsletters and bill inserts, and ENERGY STAR ® outreach to local partners, 25 customers participated in the pilot to benchmark their properties and six (6) customers took advantage of the ENERGY STAR ® certification. Table 4 lists three possible incentive opportunities to encourage voluntary participation along with an estimated annual cost. Studies of cities with benchmarking programs across the nation show a reduction in utility costs for participating buildings, a built-in incentive to track energy performance. Table 4. Potential incentives, likelihood to attract 100% participation and cost to implement. DocuSign Envelope ID: 12C85ECA-B841-4781-B6BC-11877FC490E6 20.7 Packet Pg. 432 Attachment: Memo to Council September 25, 2018 (7329 : Building Energy and Water Scoring) Page 6 of 6 Incentive Description Likelihood of 100% Covered Buildings’ Participation in BES Annual Cost Estimate to Utility Awards Dinner Annual celebration to recognize high performing buildings with high building energy scores Low $20,000 ENERGY STAR ® Certification Third- Party Verification National recognition for buildings that score 75 and above; cost for P.E. required to verify score to obtain building label Low $375,000 Pay for Service Payment for service by Utilities/third party to benchmark and prepare report for customer Medium $750,000 CC Lisa Rosintoski, Deputy Director Utilities, Customer Connections Paul Davis, Customer Services Manager, Platte River Power Authority CAP Executive Team: Includes Deputy City Manager Jeff Mihelich; Utilities Executive Director Kevin Gertig; Chief Financial Officer Mike Beckstead; Director of Planning, Development, and Transportation Laurie Kadrich; Chief Sustainability Officer Jackie Kozak Thiel; and Environmental Services Director Lucinda Smith DocuSign Envelope ID: 12C85ECA-B841-4781-B6BC-11877FC490E6 20.7 Packet Pg. 433 Attachment: Memo to Council September 25, 2018 (7329 : Building Energy and Water Scoring) Building Energy Scoring – Community Engagement 2017 – 2018 Businesses All Property Services, Inc. Assent Real Estate Professionals Brendle Group Brinkman Partners CBRE Charco Broiler Chrisland Real Estate Companies Colorado State University - Everitt Real Estate Center Colorado State University - Housing and Dining Colorado State University - Institute for the Built Environment Crowne at Timberline The Preserve at The Meadows Energy & Operations Services Front Range Community College IFMA Keystone Real Estate Larimer County Mac Electric McFaddin Group/Revive/ReMax McWhinney Mountain N Plains New Colony Apartments nTherm Platte River Power Authority Poudre School District Poudre Valley Hospital Rams Village Real Estate Personnel, Inc RealTec Realty River Rock Commons Condominium Association Roots Realty New Colony Apartments Somerset Apartments Subway Terracon Consultants, Inc. The Group Thompson School District Unitarian Church WayPoint Realty ATTACHMENT 8 20.8 Packet Pg. 434 Attachment: Community Engagement (7329 : Building Energy and Water Scoring) Special Interest Groups BizWest Chamber of Commerce Commercial Real Estate Women Community for Sustainable Energy Development Review Advisory Committee Energy Board Fort Collins Board of Realtors Fort Collins Senior Advisory Board Fort Collins Sustainability Group Fort Collins Sustainability Group Housing Catalyst International Facility Management Association League of Women Voters Natural Resources Advisory Board North Fort Collins Business Association North Fort Collins Rental Housing Association Northern Colorado Commercial Association of Realtors Northern Colorado Renewable Energy Society Plate River Power Authority - Trade Ally network South Fort Collins Business Association Southwest Energy Efficiency Project U.S. Green Building Council Urban Land Institute Colorado Energy Office Water Board Youth Advisory Board Economic Advisory Commission 20.8 Packet Pg. 435 Attachment: Community Engagement (7329 : Building Energy and Water Scoring) 225 E 16th Ave, Ste 200 Denver, CO 80203 T 303.226.5050 energyoutreach.org November 12, 2018 Honorable Wade Troxell, Mayor Honorable Members of the Fort Collins City Council City Hall West, 300 LaPorte Ave. Fort Collins, CO 80522 RE: Proposed Building Energy Scoring Ordinance Dear Mayor Troxell and Members of the Fort Collins City Council: I am writing to you today to express the support of Energy Outreach Colorado (“EOC”) for the proposed Building Energy Scoring (“BES”) ordinance. EOC is a Colorado nonprofit whose mission is to ensure that all low-income Coloradans can meet their home energy needs. In order to do so, EOC provides energy assistance payments, weatherization, and efficiency services to low-income Coloradans, low-income multifamily buildings, and nonprofits through a variety of our own programs and programs in conjunction with local utility providers such as Fort Collins Utilities. Although there have been concerns raised that low-income families may not directly benefit from the BES ordinance, it is the belief of EOC that the benefits arising from informed consumers weighs in the favor of passing the BES ordinance. For low-income families with constrained budgets, hidden utility costs from inefficient buildings pose a very real danger that the BES ordinance could help mitigate. By understanding the utility costs associated with the most efficient and least efficient buildings, low-income families will be able to better plan their budgets, instead of facing price shocks from inefficient buildings. Indeed, the lowest-cost option for a family may be a building where rent is more expensive, but utilities much lower. Thus, from a customer perspective, the BES ordinance will provide tools to help differentiate buildings while also allowing a more informed choice that leads to the best option for a family. Additionally, building owners will have the ability to set themselves apart from their competitors with higher efficiency scores. While this provides an immediate boon for efficient buildings, it will also help building owners that are not aware of their efficiency potential. EOC understands that the BES ordinance would also include an opportunity for building owners to learn more about Fort Collins Utilities’ rebates, incentives, and EOC’s low-income multifamily programming. From simple awareness of low- and no-cost options, to full efficiency refits, low BES-score buildings will have the ability to become more competitive and promote helpful market competition. Finally, with the emphasis placed on efficiency from the proposed BES ordinance, the City of Fort Collins will be in a stronger position to reach its environmental, energy, and efficiency goals all while helping the citizens of the City become informed, savvy consumers. Thank you for your time and consideration of the proposed Building Energy Scoring ordinance. Sincerely, Andrew Bennett Director of Advocacy ATTACHMENT 9 20.9 Packet Pg. 436 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) MOORE VALUATION SERVICES, LLC 2049 Angelo Drive, Fort Collins, CO 80528 970.226.0225 (direct); 970.214.0722 (mobile) November 1, 2018 Honorable Members of the City Council of the City of Fort Collins 300 Laporte Ave Fort Collins, CO 80521 RE: THE PROPOSED BUILDING ENERGY AND WATER SCORING INITIATIVE FOR THE PURPOSE OF INCREASING THE TRANSPARENCY OF ENERGY AND WATER USE IN LARGE BUILDINGS Dear Council Members, On behalf and Moore Valuation Services, LLC, I am writing in full support of a phased requirements- based program; including fines for non-compliance to support the goal of buildings predictably sharing their ENERGY STAR score, energy use intensity (EUI) and water use intensity (WUI) with the public, annually. My company appraises commercial real estate properties in Northern Colorado. We strongly support the proposed transparency initiative to require buildings in Fort Collins to measure their energy and water performance via the ENERGY STAR Portfolio Manager system and to continue free facility assessments provided by Fort Collins Utilities. We also believe that it is critical to share large buildings’ energy and water use with the public, so that all buildings and occupants easily see the relative energy and water performance of buildings in the Fort Collins real estate market. With added transparency, a competitive market has an opportunity to assign UvalueU to energy efficiency in commercial buildings. Since tenants have access to the energy data of large-scale buildings, they can choose buildings with lower energy consumption (and, therefore, lower utility bills). The Rocky Mountain Institute has identified that when implemented thoughtfully tenants are, on average, willing to give landlords a higher occupancy rate and to pay up to 3.5% more on their leases in high performing buildings, especially net-zero energy buildings. For property managers and building owners, maintaining an energy efficient building will provide lower operating expenses, a better competitive advantage, and higher leases on the market. All of these are best practices that have been tested in other cities before and continue to be best management practices for our business’ bottom line. The proposed transparency initiative will provide the market – current and prospective building owners, operators, and tenants – with predictable information about building energy and water performance. It will encourage building owners and tenants to learn about their energy and water use and work together to lower their costs. Fort Collins is well-positioned to take advantage of the experience of other cities that have implemented similar policies already, and to create a program that works best for northern Colorado buildings and environment. Sincerely, 41TMargaret L. Moore Margaret L. Moore, LEED AP, MBA Certified CO and WY General Appraiser 41TMoore Valuation Services, LLC, 41TPrincipal 20.9 Packet Pg. 437 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) To: Fort Collins City Council At: cityleaders@fcgov.com From: Southwest Energy Efficiency Project Date: October 17, 2018 Dear Fort Collins City Council Members: Fort Collins is taking an important and much-needed step with its proposed Building Energy Scoring policy. Utility staff and community stakeholders have developed very strong and solid draft recommendations, and the City of Fort Collins is to be commended for launching and supporting this effort. A benchmarking and transparency policy like this is one of the top actions a city can take to support businesses within its borders by lowering energy costs in owned and leased space and by supporting consumer choice. Businesses ranging from commercial real estate managers, property owners, and investors to builders, contractors, and energy service companies are supportive of benchmarking and transparency (some after overcoming significant initial skepticism) because of the value it brings to their bottom line and their local economy. Building Energy Scoring addresses a key information gap in the commercial real estate and multifamily sectors: energy costs. Although energy is one of a building’s largest operating expenses, energy usage information is hidden when an investor, commercial business, or tenant is considering buying or leasing a property. Even a building’s current owners and tenants often don’t understand the energy performance of their building, or how it compares to others. More information on a building’s energy use—and crucially, how it compares to other similar buildings in the area—allows investors and consumers to make smart choices, giving them more confidence to invest and engage in the Fort Collins market. It allows businesses to make informed decisions on how to save money, increase efficiency, and strengthen their competitive advantage. And it allows tenants to more easily choose properties with the lowest energy bills. This market intelligence is currently opaque and hidden in the Fort Collins area. Fort Collins needs this reasonable and common-sense fix. 20.9 Packet Pg. 438 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) How Fort Collins Businesses Will Benefit from Building Energy Scoring Although benchmarking and transparency ordinances in other cities initially faced some doubt and reluctance from some stakeholders, the tune changed as the results poured in. Businesses appreciate benchmarking and transparency, and the energy efficiency upgrades that ensue, for reasons including: o Smart decision-making. Comparing the performance of buildings allows commercial real estate stakeholders to pick the highest-performing, lowest-operating-cost space. o Dollar savings. Individual building owners that benchmark can get a better understanding of how their building uses energy, and how it compares to their peers. With this knowledge, they can make smarter and more cost-effective improvements. o Actionable feedback. Benchmarking gives a baseline and helps track energy use over time, providing actionable feedback on how much energy and money they are saving from efficiency improvements. o Better productivity and happier workers. Commercial tenants appreciate how high- performance buildings keep their employees happy and healthy, boosting their work output. Benchmarking and transparency helps commercial businesses choose where they can get these productivity advantages. o Higher occupancy rates and lower turnover. When buildings are more comfortable and durable, and when productivity is higher, tenants want to stay. Energy-efficient properties have occupancy levels up to 10 percent higher, reducing high turnover costs for the owner and relocation costs for the commercial tenants. o Helping the free market. Free markets need information and data to work at their best. Allowing energy data to meet the light of day allows the market to compare buildings, compare savings, reward efficiency, and increase innovation. o Local job creation and economic growth. Better information and transparency about building performance unlocks demand for energy efficiency products, as well as skilled workers such as engineers, energy auditors, architects, facility managers, and construction workers—quality jobs that can’t be outsourced. Assistance for Lower-Performing Buildings Fort Collins Utilities is well known for a robust and effective set of incentives, programs, and assistance to boost the energy efficiency of its customers’ buildings. Although this ordinance would not require upgrades, assistance will still be there for buildings that are spurred to make efficiency upgrades. Many times building owners, managers, and tenants are simply unaware of how their building performs in relation to other similar buildings, and are also unaware of the easy, low-cost, and quick-payback opportunities that can be uncovered in an energy audit or retrocommissioning study. Even high-performing buildings can often find more cost-effective energy savings. Furthermore, businesses in Fort Collins are fortunate to have other new tools to help, including PACE financing and green leases. 20.9 Packet Pg. 439 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) Why an Ordinance? Just as you can’t build a building with just a handful of sporadic bricks and expect it to hold strong, you can’t fix this informational gap with just a handful of buildings voluntarily benchmarking and reporting. The market needs certainty and sufficient information to work at its best. You need a critical mass of “apples to apples” performance data so that real estate markets can fairly value energy performance, and so that brokers can better match customers to properties. In addition, an ordinance such as this can help housing affordability, especially in multifamily properties. Energy costs are a significant part of a renter’s total housing expenses, and hiding the costs ahead of time does not make them go away. Those people that wish to make informed choices about the true costs of living in a property will now have a tool to do so. Since a renter cannot typically see the amount of insulation under the walls, for instance, this will allow them the option of knowing ahead of time how their building is performing and how that may affect their costs. The Building Energy Scoring working group, as well as the city and utility staff, have done an excellent job of pulling together the best components that have proven to work in other cities, while crafting a draft policy that is unique to Fort Collins’ business climate. We especially like the phased approach, the use of ENERGY STAR Portfolio manager, the transparency component (key to unlocking the benefits of benchmarking), the help center and training to ease the transition, and the degree to which the City sought and incorporated feedback from all affected sectors. We look forward to seeing the ordinance adopted by City Council, and we look forward to the benefits accruing to Fort Collins’ businesses and residents. Sincerely, Christine Brinker Senior Associate, Buildings Efficiency Program Southwest Energy Efficiency Project www.swenergy.org About the Southwest Energy Efficiency Project The Southwest Energy Efficiency Project is a public interest organization dedicated to advancing energy efficiency in Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming. SWEEP analyzes and promotes policies and programs that result in efficient energy use in the utility, buildings, transportation, and industrial sectors. 20.9 Packet Pg. 440 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) 20.9 Packet Pg. 441 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) From: To: Cc: Subject: Date: peter eberle City Leaders Kirk Longstein Fort Collins BES Ordinance Comments from NCRES Monday, November 12, 2018 3:07:39 PM Dear Fort Collins City Council Members, I am writing on behalf of the Colorado Renewable Energy Society (CRES) and our Fort Collins-based Chapter, NCRES, in support of the Building Energy Scoring (BES) ordinance. The BES system helps address a large gap in the commercial and multi-family market, which is the operating cost associated with energy use. Adopting a standardized system such as BES, will provide for more clarity in our local real estate market and allow better decision making for commercial and multi- family tenants (basically allowing for greater market efficiency). It will also allow building owners who’ve invested in building energy efficiency to reap the benefits of their investments. And, for those who have not invested, helps minimize the “split incentive” that makes such investments prohibitive for many building owners. Alleviation of the “split incentive” coupled with the aggressive programs offered by Efficiency Works would create an energetic environment for upgrading existing building stock. Along with the job creation potential, this would help both Fort Collins Utilities and PRPA achieve their energy efficiency goals that support goals set for by both Council (i.e., CAP, 100% by 2030) and PRPA. Having worked as a regulatory lobbyist on behalf of multiple industry trade associations, the BES participation requirements are surprisingly minimal. An annual compilation and reporting of utility bills by a facilities manager is not excessive and is likely standard practice for many. The effort is in many ways beneficial when you consider the value of the benchmarking data to improve management and drive investment decisions. We all benefit from efficient and competitive markets, but efficiency is dependent upon having adequate information. The BES ordinance provides a minimally invasive tool to leverage the market to create both economic and environmental value for all stakeholders. Sincerely, Peter Eberle CRES Co-Chair Northern Chapter (NCRES) Program Manager 970.402.2621 (mobile) About CRES The Colorado Renewable Energy Society (CRES), a State-Wide 501c3 Not for Profit organization founded in 1996. We work to educate and advocate for increased renewable energy and energy efficiency throughout the state of Colorado for the social, environmental and economic benefit of her citizens. For more information visit our website at www.cres-energy.org 20.9 Packet Pg. 442 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) 20.9 Packet Pg. 443 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) 20.9 Packet Pg. 444 Attachment: Letters of Support to Date (7329 : Building Energy and Water Scoring) 1 Building Energy Scoring Program Kevin R. Gertig, Utilities Executive Director Kirk Longstein, Project Manager; John Phelan, Energy Services Manager 11-20-18 ATTACHMENT 10 20.10 Packet Pg. 445 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 2 Council Adoption an Ordinance that requires: • Building owners to benchmark and report energy and water data to the City. • Energy and water usage data made available to the public. • Compliance mechanisms for enforcement. 1 Benchmarking 2 Reporting 3 Transparency Staff Recommendations 20.10 Packet Pg. 446 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 3 Nationwide Approaches 20.10 Packet Pg. 447 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Continued Community Engagement 4 • Brinkman Partners • Fort Collins Board of Realtors • Building Review Board • Keystone Real Estate • CBRE Group, Inc • Northern Colorado Renewable Energy Society • Chamber of Commerce • Plate River Power Authority • Chrisland Real Estate September - November 2018 • Society for Marketing Professional Services • CAP Executive Leadership Team • Urban Land Institute • Economic Advisory Commission • Fort Collins Utilities - Multifamily Luncheon • Energy Board • Water Board • Waypoint Realty • Youth Advisory Board • Energy Outreach Colorado 20.10 Packet Pg. 448 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Benchmarking 5 Fuel Efficiency: MPG Building Score: 1 to 100 1 Benchmarking 20.10 Packet Pg. 449 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Reporting 6 2 Reporting 20.10 Packet Pg. 450 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 7 Transparency 20.10 Packet Pg. 451 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Benefits 8 • Energy, water and emissions reductions • Identifying opportunities for investment • Market transparency for consumers • Market recognition of building performance 1 Benchmarking 2 Reporting 3 Transparency 20.10 Packet Pg. 452 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Building Scoring Journey 9 Multifamily Notifications and Data Collection Annual Report Due Public Display of Score 1 Benchmarking 2 Reporting 3 Transparency 20.10 Packet Pg. 453 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Recommended Phased Implementation 10 Multifamily Notifications  Data Collection Annual Report Due Public Display of Score 2019 2020 2021 2022 Commercial >5k ft2 >10k ft2 >5k ft2 >10k ft2 Year >20k ft2 >20k ft2 annual reporting continues… 20.10 Packet Pg. 454 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) Exemptions and Compliance 11 Exemptions • Industrial, agricultural use types • Financial distress • Partial occupancy • New construction • Unique circumstances Non-compliance • Notification reminders • Warning after 12th month • $1,000 fine 30 days after final notification for each annual reporting cycle 1 Benchmarking 2 Reporting 3 Transparency 20.10 Packet Pg. 455 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 12 Council Adoption an Ordinance that requires: • Building owners to benchmark and report energy and water data to the City. • Energy and water usage data made available to the public. • Compliance mechanisms for enforcement. 1 Benchmarking 2 Reporting 3 Transparency Staff Recommendations 20.10 Packet Pg. 456 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 13 Back up slides 20.10 Packet Pg. 457 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 14 Year 2020 2021 2022 2023 Commercial 430 771 1,223 1,223 Multifamily 0 148 223 377 Total 430 919 1,446 1,600 Number of properties covered by the ordinance: Covered Buildings 20.10 Packet Pg. 458 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 15 Covered Buildings by Water Provider 113 227 311 120 196 268 1,720 2,151 2,742 59 79 120 0 500 1,000 1,500 2,000 2,500 3,000 Greater/Equal to 20,000 sq. ft. Greater/Equal to 10,000 sq. ft. Greater/Equal to 5,000 sq. ft. Number of Buildings FCLWD ELCO Fort Collins Utilities Other 20.10 Packet Pg. 459 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 16 Community Feedback Concerns…………………………….……………………………………Support Prioritizing future investments for real estate Market differentiator: real estate selling and renting more properties New regulations; including punitive measures that require building upgrades More transparency with information in the market to inform consumer choices Time commitment Tenant data access 20.10 Packet Pg. 460 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) 17 Building owners will request aggregate data for their building(s) from Fort Collins Utilities and Xcel Energy. • Contact Fort Collins Utilities to request building energy and water use data for the past two years. Use the online form or contact Utilities staff direct via email at BuildingEnergy@fcgov.com. • Follow the Learn how link to access your Xcel energy-use data. • Water use data is available from your service provider by contacting customer service. How do I request data? 20.10 Packet Pg. 461 Attachment: PowerPoint Presentation (7329 : Building Energy and Water Scoring) -1- ORDINANCE NO. 144, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH THE REQUIREMENTS FOR A BUILDING ENERGY AND WATER SCORING PROGRAM WHEREAS, the City of Fort Collins’ strategic vision seeks to build a culture of innovation and a future climate economy; and WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, recognizing the 2015 Climate Action Plan Framework (“2015 CAP Framework”), which contains a high level analysis of the strategies necessary to reduce Fort Collins’s community-wide greenhouse gas emissions and established goals to reduce emissions to 20% below 2005 levels by 2020; and additionally, established the goals of reducing emissions to 80% below 2005 levels by 2030 and to be carbon neutral by 2050; and WHEREAS, on December 15, 2015, City Council adopted Resolution 2015-115, approving the 2015 Energy Policy, which establishes goals for reducing energy in existing buildings; and WHEREAS, on March 1, 2016, City Council adopted Resolution 2016-023, approving the 2015 Water Efficiency Plan and establishing a goal to reduce water use to 130 gallons per capita per day by 2030 of which goal community building water scoring serves an integral component in identifying strategies; and WHEREAS, on April 19, 2016, City Council adopted Ordinance No. 046, 2016, recognized the electric utility benefits of community building energy scoring by authorizing funding from the Electric Utility Fund to establish a Building Energy Disclosure and Scoring effort to manage or reduce peak demand and overall electric service loads; and WHEREAS, on October 2, 2018, City Council adopted Resolution 2018-094, establishing a communitywide 100% renewable electricity goal by 2030, in furtherance of the City’s 2015 CAP Framework, 2015 Energy Policy goals; and WHEREAS, on-going community building energy and water scoring serves as an integral component in identifying strategies to meet the City’s 2015 CAP Framework, 2015 Energy Policy, 2015 Water Efficiency Plan, and renewable electricity goals, and the absence of this tracking metric reduces the efficiency of measures intended to meet those community goals; and WHEREAS, Building Energy and Water Scoring (BES) increases transparency and access to building information, and enhances coordination and efficiencies among efficiency programs and partner organizations across public, nonprofit, and private sectors; and WHEREAS, publicly available BES data provides transparent energy and water performance information to prospective tenants and investors and will thereby improve the Packet Pg. 462 -2- City’s ability to attract tenants and investors seeking to live and work in a world-class City; and WHEREAS, as of 2018, more than twenty leading peer U.S. cities, including Denver, Boulder, Kanas City, St. Louis, Seattle, and Austin, have adopted BES reporting and transparency requirements, demonstrating the acceptability and feasibility of such requirements among local governments; and WHEREAS, Utilities, Sustainability Services, and Environmental Services staff have identified proposed BES program requirements with input from a community working group composed of independent commercial building owners, operators, and real estate professionals; and public engagement at a series of community events and a project website; and WHEREAS, Utilities staff further identified specific benefits of a BES program that will facilitate energy and resource conservation by improving building owner awareness of whole building utility consumption and incentivizing efficiency upgrades, which will reduce demand and replace inefficient or damaged building systems to the benefit large commercial building utility ratepayers; and WHEREAS, the BES program recommended by staff relies on support from Utility Services and Sustainability and Environmental Services divisions, over a phased implementation with delayed compliance enforcement expected to begin in 2021-2022, and WHEREAS, consistent with Article XII, Section 6 of the Fort Collins City Charter, approving funding a portion of the total cost of a BES program with Electric Utility Funds reflects the proportionate benefit expected to accrue to Electric Utility ratepayers across service levels through focus and management on minimizing overall operating capital needs of the Electric Utility and avoiding rate impacts that otherwise may be required to support increasing peak demand and electric service loads; and WHEREAS, consistent with findings in Ordinance No. 046, 2016 and Resolution 2016- 023, the proposed BES program can be supported by available staff and resources funded pro rata with Electric and Water utility funds, and General Fund revenues from the Sustainability and Environmental Services divisions, based on projected energy, water and environmental benefits, and WHEREAS, staff recommends City Council adopt the proposed BES program requirements, in furtherance of Council’s support of community climate, energy and water efficiency efforts, with such program to be administered by Sustainability Services staff in collaboration with Utilities Customer Connections and Environmental Services resources; and WHEREAS, the City Council finds and determines that the adoption of this Ordinance is necessary for the public’s health, safety and welfare and, therefore, wishes to authorize the creation and administration of the Building Energy and Water Scoring program requirements described in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Packet Pg. 463 -3- 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 12 of the Code of the City of Fort Collins is hereby amended by the adoption of a new Article XI to be entitled “Building Energy and Water Scoring” with the applicable requirements and conditions of such program to read as follows: Sec. 12-201. - Purpose and applicability (a) The purpose of this Article is to establish a Building Energy and Water Scoring Program that requires owners of existing buildings (“Covered Buildings”) to benchmark building energy and water performance, and makes such building performance information publicly available, in the interest of increasing transparency and access to community building information, and enhanced coordination and efficiencies among City energy efficiency programs and partner organizations across public, nonprofit, and private sectors. (b) The provisions of this Article shall: (1) Apply to any person who owns a Covered Building or is a registered agent of an entity owning a Covered Building within the City limits; and (2) Apply to aggregated utility usage data reported in a statistical format; including ENERGY STAR® score. (c) This Article shall not apply to Fort Collins Utilities customer financial data or other data protected from disclosure under §26-26 of this Code, unless requested in writing by the utility customer. Sec. 12-202. - Definitions The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this section. Words, terms and phrases defined in the rules, regulations, policies and procedures adopted by the City Manager shall have the meaning set forth therein: Benchmarking shall mean measuring a Covered Building's energy performance using the ENERGY STAR® Portfolio Manager® tool. Covered Building shall mean any building or group of adjacent buildings in the City of Fort Collins with a Gross Floor Area that is five thousand (5,000) square feet or larger. Commercial covered buildings are defined by ENERGY STAR® Portfolio Manager® and defined by Commercial Building Energy Consumption Survey (CBECS). Covered buildings include apartments and condominium three stories or more in height above grade and representing multifamily structures defined by a typical R-2 occupancy by the International Building Code. Packet Pg. 464 -4- Energy Efficiency Program shall mean the administrative program funded by the City of Fort Collins Utilities providing rebate and incentive money for energy efficiency upgrades for new construction and existing commercial buildings. ENERGY STAR® Portfolio Manager® shall mean the online tool created by the US Environmental Protection Agency used to measure and track a building's energy use, water consumption, waste diversion and greenhouse gas emissions. Energy Use Intensity or EUI shall mean a building’s energy use expressed as energy per square foot per year as a function of its size and other characteristics. A whole building's EUI is typically measured in thousands of BTU per square foot per year (kBTU/ft2/yr). Gross Floor Area or GFA shall mean the total property square footage, measured between the principal exterior surfaces of the enclosing fixed walls of a building, as defined in the ENERGY STAR® Portfolio Manager® definitions. Occupancy shall mean the percentage of a property’s Gross Floor Area that is occupied and operational. Owner shall mean the person or entity including common interest ownership groups having a legal or equitable interest in real property and the associated asset features of a Covered Building. Reporting or Report shall mean the data submitted each year via the ENERGY STAR® Portfolio Manager® tool using a template and submission link to be distributed and publicized by the City of Fort Collins. All information expressly denoted as mandatory by either ENERGY STAR® Portfolio Manager® or the City shall be included in the submission. Water Use Intensity or WUI shall mean a building’s water use expressed as all water sources divided by the building sq. ft. (not including parking or irrigated area). A whole building’s WUI is typically expressed in gallons per square foot per year (gal/ft2/yr). Sec. 12-203. - Building energy and water score reporting. (a) Initial Compliance. Owners shall begin benchmarking building energy and water usage through ENERGY STAR® Portfolio Manager® upon the dates listed below and will follow an annual reporting cycle thereafter: (1) Owners of Commercial Covered Buildings, other than City-owned Covered Buildings, with a Gross Floor Area equal to or greater than twenty thousand (20,000) square feet shall begin reporting by March 1, 2020. (2) Owners of Commercial Covered Buildings, including City-owned Covered Buildings, with a Gross Floor Area between ten thousand (10,000) and twenty thousand (20,000) square feet shall begin reporting by March 1, 2021. Packet Pg. 465 -5- (3) Owners of Multifamily Covered Buildings with a Gross Floor Area equal to or greater than twenty thousand (20,000) square feet shall begin reporting by March 1, 2021. (4) Owners of Commercial Covered Buildings, including City-owned Covered Buildings, with a Gross Floor Area between five thousand (5,000) and ten thousand (10,000) square feet shall begin reporting by March 1, 2022. (5) Owners of Multifamily Covered Buildings with a Gross Floor Area equal to or greater than ten thousand (10,000) and up to twenty thousand (20,000) square feet shall begin reporting by March 1, 2022. (6) Owners of Multifamily Covered Buildings, with a Gross Floor Area between five thousand (5,000) and ten thousand (10,000) square feet shall begin reporting by March 1, 2023. (b) Ongoing compliance. After the Initial Compliance Date for each Owners group, as set forth in section (a), each Owner group will report on an annual basis, as follows: (1) Benchmarking. The Owner shall provide the information necessary to benchmark energy and water usage as defined in §12-202 in accordance with this Article and any rules, regulations, policies and procedures adopted by the City Manager. (2) Reporting. For every building subject to this Article, the Owner shall annually submit to the City an energy and water benchmarking report according to the schedule set forth herein. The energy and water benchmarking report shall be based on data entered into ENERGY STAR® Portfolio Manager® reflecting the energy and water performance information for the whole building during the full calendar year being reported. The energy and water benchmarking “report” shall, at minimum, include the building address, facility gross square footage, property type, and the individual or entity responsible for the benchmarking report. (3) Transparency. Reported benchmarking information and data obtained from reports submitted pursuant to this Article, including only ENERGY STAR score, Energy Use Intensity, and Water Use Intensity, shall be available to the public, consistent with City open data policies, as adopted in Resolution 2017-014 and on file with the City Clerk as shall be amended from time to time. Sec. 12-204. - Data verification; records retention. (a) Owners are required to submit accurate and complete data as defined in this Article and ENERGY STAR® Portfolio Manager® How to Get Utility Data into Portfolio Manager® and by using the data quality checker tool within ENERGY STAR® Portfolio Manager® for each Covered Building in their portfolio. (b) Owners shall maintain the following records for a period of at least three years, and shall Packet Pg. 466 -6- make such records available for inspection during business hours upon reasonable notice from the City: (1) ENERGY STAR® Portfolio Manager® account data; (2) Proof of tenant data requests for energy or space use attribute data from any separately metered tenants; and (3) Any back-up information substantiating the energy data and space use attribute information entered into the ENERGY STAR® Portfolio Manager®. (c) Any person who fails, neglects or refuses to submit accurate and complete data as required by this Article is subject to enforcement under §12-206 of this Code. Sec. 12-205. – Exemptions; variance. (a) Owners may apply annually to the City Manager for exemption from the benchmarking and reporting requirements of this Article and in the manner described in any rules and regulations promulgated by the City Manager. The City Manager, or his or her delegate will review and render a decision on any application for exemption or variance from the requirements of this Article. An exemption or variance may be granted for any building that meets at least one of the following criteria: (1) The building was not occupied for all twelve (12) months of the calendar year for which benchmarking is required; (2) A demolition permit for the entire building has been issued and for which demolition work has commenced on or before the date the benchmarking report is due; (3) The building is presently experiencing qualifying financial distress, as defined by any of the following: (1) the building is the subject of a qualified tax lien sale or public auction due to property tax arrearages; (2) the building is controlled by a court appointed receiver; or (3) the building has been acquired by a deed in lieu of foreclosure; (4) The building had an average physical occupancy of less than sixty (60) percent, throughout the calendar year for which benchmarking is required, based on criteria set forth in rules, regulations, policies and procedures adopted by the City Manager; (5) The building is used 50% or more for industrial or agricultural processes, as such activities are defined by ENERGY STAR® Portfolio Manager®; (6) The Owner can demonstrate the subject building’s performance information is or involves a confidential business practice, including trade secret, privileged, or confidential commercial information. In order to qualify for this exemption, the Owner shall specifically identify the information it believes to be confidential and provide a written statement describing the manner in which public disclosure would cause Packet Pg. 467 -7- substantial harm to the Owner's competitive position in efficient energy usage alone will not be considered confidential commercial information; and (7) The City Manager determines that, due to special circumstances unique to the applicant's building and not based on a condition caused by actions of the applicant, strict compliance with the benchmarking and reporting requirements would cause undue hardship or would not be in the public interest. (b) The City Manager’s determination regarding applicability of an exception or variance under this section shall be final; no further administrative review or appeal to the City shall be available to an Owner aggrieved by such determination. Sec. 12-206. – Implementation. The City Manager may adopt such other rules and regulations concerning the benchmarking and reporting of building performance information as may be necessary to implement the provisions of this Article not in conflict with such provisions. Sec. 12-207. - Violations and penalties. Any person who violates §§12-203 or 12-204 of this Article without an applicable exception or variance commits a civil infraction and is subject to the penalty provisions of subsection 1-15(f) of the Code, except: (a) the civil penalty for such infraction shall not exceed one thousand dollars ($1,000.) per violation; and (b) failure to comply with §§12-203 or 12-204 in any calendar year shall constitute a single violation in that calendar year. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2018, and to be presented for final passage on the 4th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2018. Packet Pg. 468 -8- __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 469 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 Meeting November 20, 2018 (after the Regular Council Meeting) • CALL MEETING TO ORDER • ROLL CALL 1. Second 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. (2 minute discussion) This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets the mill levy and authorizes 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. Second 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. (2 minute discussion) This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates 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 20, 2018 General Improvement District No. 1 Board STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, sets the mill levy and authorizes 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 70 (PDF) 1 Packet Pg. 2 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) ATTACHMENT 1 COPY 1.1 Packet Pg. 3 Attachment: First Reading Agenda Item Summary November 6, 2018 (w/o attachments) (7354 : SR 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 1.2 Packet Pg. 4 Attachment: Ordinance No. 70 (7354 : SR GID No 1 2019 Mill Levy and Budget) -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 1.2 Packet Pg. 5 Attachment: Ordinance No. 70 (7354 : SR GID No 1 2019 Mill Levy and Budget) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 20, 2018 General Improvement District No. 1 Board STAFF Clark Mapes, City Planner John Duval, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 71 (PDF) 2 Packet Pg. 6 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. ATTACHMENT 1 COPY 2.1 Packet Pg. 7 Attachment: First Reading Agenda Item Summary November 6, 2018 (w/o attachments) (7355 : SR GID No 1 2019 Opera Galleria Sidewalk) -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 2.2 Packet Pg. 8 Attachment: Ordinance No. 71 (7355 : SR GID No 1 2019 Opera Galleria Sidewalk) -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 2.2 Packet Pg. 9 Attachment: Ordinance No. 71 (7355 : SR GID No 1 2019 Opera Galleria Sidewalk) 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 20, 2018 (after the General Improvement District No. 1 Board Meeting) • CALL MEETING TO ORDER • ROLL CALL 1. Second 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. (2 minute discussion) This Ordinance, unanimously adopted on First Reading on November 6, 2018, fixes the mill levy for the Skyview South General Improvement District No. 15 (GID No. 15) and authorizes 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. Second 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. (2 minute discussion) This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates 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 20, 2018 Skyview South General Improvement District No. 15 Board STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, fixes the mill levy for the Skyview South General Improvement District No. 15 (GID No. 15) and authorizes 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 10 (PDF) 1 Packet Pg. 3 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) ATTACHMENT 1 COPY 1.1 Packet Pg. 4 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7358 : SR Skyview GID No 15 2019 Budget) -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. 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 1.2 Packet Pg. 5 Attachment: Ordinance No. 10 (7358 : SR Skyview GID No 15 2019 Budget) -2- 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 1.2 Packet Pg. 6 Attachment: Ordinance No. 10 (7358 : SR Skyview GID No 15 2019 Budget) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 20, 2018 Skyview South General Improvement District No. 15 Board STAFF Darren Moritz, Pavement Management Program Manager John Duval, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on November 6, 2018, appropriates 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 011 (PDF) 2 Packet Pg. 7 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. ATTACHMENT 1 COPY 2.1 Packet Pg. 8 Attachment: First Reading Agenda Item Summary, November 6, 2018 (w/o attachments) (7359 : SR Skyview GID No 15 Annual Adjustment) -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. 2.2 Packet Pg. 9 Attachment: Ordinance No. 011 (7359 : SR Skyview GID No 15 Annual Adjustment) -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 2.2 Packet Pg. 10 Attachment: Ordinance No. 011 (7359 : SR Skyview GID No 15 Annual Adjustment) BES aligns closely with the Efficiency Works – Business (EW-B) program. Numerous public and private utilities nationwide are offering benchmarking services for their customers. The free, online ENERGY STAR ® Portfolio Manager ® tool allows utility customers to review their buildings’ portfolios and to prioritize future investments. A 2012 study completed by the DocuSign Envelope ID: 12C85ECA-B841-4781-B6BC-11877FC490E6 20.7 Packet Pg. 431 Attachment: Memo to Council September 25, 2018 (7329 : Building Energy and Water Scoring) savings accumulate over time based on efficiency measure life. BES is also amongst the most cost-effective CAP initiatives (table 2). Table 2. Cost savings and participation among CAP initiative charters DocuSign Envelope ID: 12C85ECA-B841-4781-B6BC-11877FC490E6 20.7 Packet Pg. 430 Attachment: Memo to Council September 25, 2018 (7329 : Building Energy and Water Scoring) ATTACHMENT 8 20.1 Packet Pg. 396 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 6 -97' L  /  <(  $     !    !%% 1  $   5  / $  #!    !  %  C #  /     5 <" #     %  % % / / %   2 5  <  #  6 6 -' 3    #  #  6 6 -; ' 3    #<0 / %2% 2 #$ 2%    </ % %   /  52      < %   %# 2!    $M/5  M #  <  #  6 6  -*' &/ %25   %2% /<(  1 # /  % 1 #%#  2%  % /% 1 % % <&$   #  6 6 - ;*'  %$# 5 #  2     % % /  %@ % <0/ % 2  %2  /   % 2%!/ / % #5  $ /   / / <  #  66 9-9*' 00% 1  #   #<'% %/#    2%1 #  <0% / 0 $0  %   #  !  55   $<01#  1   % <4#% % # /5  % #  55  ! / 1  !/ % < * :=  !;$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *!& 5!$ 20.1 Packet Pg. 395 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring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acket Pg. 394 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) -9' ?  , 4  %  #$  2 #$  %   ##    <&% %   #/  $    #$2 2%   5<  #  66 7- '  ! 25   K   %  % 25 #   #  25 B<?  , 4  % # # # #   %%/  #   2<  5   C2 #$< .$     #%2 #   # /   A  #  66 - ' (      52%    <G /!     #  5    <? 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( --'-( $#%',( %!+'#( (!0#/%%  %%%    (!0#/2 / %$ $ /#  3 !0# /%#   % 3 !  0/ %$ $ /     (!0#/2 / %$ $ /#  3 !  0/ %$ $ /     *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * ) 5!$ 20.1 Packet Pg. 389 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 99* 9 ''00 9''' !&  ":  ),-')( +# '$( %!+'#( (!/5  3 !  %   3 !2 0/ % %5 /%2 * --'-( !!!'!( ,,,',( !!!'!( --'-(  ' ( +  8 $  5 23B(&  $  /    # $   ,?  , 4   K  +  *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * $ 5!$ 20.1 Packet Pg. 388 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) - *' *  5  '  #  676 9-9*'    #  66 - '  %  #  6 6  -;*' :2    5 , <  #  6 6 ;-*'    5*!88,<& /!. *$!  $     !# @92"0"  21''<=>536=89 4   * :=9 !9;$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * + 5!$ 20.1 Packet Pg. 387 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 2 ; 11 9 99 *  %!+'#( ),-')( +# '$( (!  %6   $% 3 !  %6    $% 3 !2 0/ %$ # 2     *          . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * % 5!$ 20.1 Packet Pg. 386 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) -' 0% 1 2  %C2% /  #   5     <0  %2  <  #  6;6 - *' 01#C $  %  2   <<< "OPOZNPVT 6 6 -97' #22 5% 1  # 2  2% % %  5 # <05 #2/# 20/ % < ! @" " " * 91  * :=; !99$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * & 5!$ 20.1 Packet Pg. 385 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) * 11*1 :"** 90""''' - , ) - $ - - # % $ %  5 / #      #     %  5 / #          / 55   &  %      &    I55  #  #  0/ %  5 #   +  %  5 / #      #     +  &  %      0/ %  5 #   * ! , % $ - ! , % $ !-          . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * , 5!$ 20.1 Packet Pg. 384 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) * 01 2   * * 1 )&&')( -!)',( & ,'+( (!?  ,  %2 #$  # 3 !?  ,  % 2 #$  # 01#!2 01%$ # 2     *          . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * # 5!$ 20.1 Packet Pg. 383 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) -9'   2  5% 2   2%  #  66 -9*'  5   /  %1 2C#     <  #  96 6 -99'     #  6 6 7-99' "I / 65 <3  # 1@ 2 #% <  #  6;6 - *' 01%5     5 %   #  #  676 -*' * %%   C !   ##   5 # #$ # <  #  6 6 - ' 8     /  $ # #5   =/, J#$  2 >  #  6 6 -' #  #  6 6 -; ' 0  // %5     2%  C     5 2% / %2C< $ 8 *   91  "91  ' * :=7 !7$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * ! 5!$ 20.1 Packet Pg. 382 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) A *91  "**  ;''' ) $ ) ) 0   ,   '  8  ='8> 0  # ?  , 4    %/2  +  * - !-          . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *  5!$ 20.1 Packet Pg. 381 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 1 2: % /91   1  99* A  B* )+&'-( $'#( $'#( $'#( 8 ; 6#     6#   7 6#   D 6#   * )+&'-( $'#( ! %'+( ( 3 3  *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ * - 5!$ 20.1 Packet Pg. 380 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) -9' ;  #  66 7- '         <+ 2   9#$<  #  66 -9' 7D  #  66 -7' 22%=/#   >  #  66  -99*' 77  #  676 -'  5 #" #$ 5  / 5 ## %# 5# 2%  #  66 -; ' / $/ #2% /  #  6 6  -9*' :!#  2%  #  6 6 -' 77  #  6 6 - '    40E$" 6?F5  2% "OPOZNPVT 6 6 -97' *:GH;%',H , @9  0"  * := !$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *) 5!$ 20.1 Packet Pg. 379 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring)  . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *$ 5!$ 20.1 Packet Pg. 378 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 1  " 1 2 / 1 2* 10 <=>5 36=?894  =0 2''' !!#$'%( #&% ',( 3 5#   #/  5# * !#,'#( !-&+' ( #$'%( ( 3 3  *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *+ 5!$ 20.1 Packet Pg. 377 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 91 " ;91  ;   ) / " ; ;99  --'-( --'-( --'-( ( 3 +5C % * $$$')( --'-(  ' ( ( 3 !2 0/ %5   3 !%/ % 5   *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *% 5!$ 20.1 Packet Pg. 376 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) **9 1  0  ;" "   "  + / 91 " ;   "  +++'$( --'-( !!!'!( (!0% 5 #   3 !0%  % 5 #   3 !2 0/ %50#  2 * $$$')(  ' ( --'-( ( 3 3  *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *& 5!$ 20.1 Packet Pg. 375 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) -9'  2 , %   #  66 7-9 ' +    5'  #  66 -9'    / $  ## 2%?  ,   #  676 -' 55      #  6 ;6 - ' 0  #  966  - *'     /5  /  /2%< @  ##     /  #  66 -; ' ,    #  6 6 7-;' 0    / ## 2%!2  #%A  #  6 6 -;' B"%,    #  6 76 -' ?%  #  6 6 7-7' ?###2 /  5 ##   < "OPOZNPVT 6 6 -97'  2 , % 6'  #  6 6 -9;' 0/ $ ## 2%   & *9 *11 * ' * :=; !9$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *, 5!$ 20.1 Packet Pg. 374 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring)   *11 * ' +!)'#( &!&')( ) &'&( &$'%( !!-'+( *   / "%     *   5  #     5  +  *          . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *# 5!$ 20.1 Packet Pg. 373 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 7- ' .$8    #  66 -7' .$8    #  66  -9 *' :  * & $  #  6;6 -*' %  / .$8    #  6 6 7-;' & / $<  #  6 6 -' .$    #  6;6 - *' 88,     ,#2 5, ##   #  66 9-9*' #  #$# 5    # 8 *99  * := !9$ %> . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *! 5!$ 20.1 Packet Pg. 372 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring)     !  "   #$%&'&( &!&')( &$'%( (!01%2  " 3 !01 %2  " 01%$ # 2  " * + $',( , -'&( !'%( !&'#( !$')( #+')( !&'#( $! ' ( , ## #  , ##   #% 4  "/2  4  2  % 5#   *2    + 5   *                   . /01 2 3 * 4 5 -  5 !%6* !- + !,7!- $ *  5!$ 20.1 Packet Pg. 371 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring)        !" #$ %&  ' ( ") *+,&-. /(  -"%   20.1 Packet Pg. 370 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 0 to 10% Reduction 0 to 10% Increase More than 10% Increase 0% 2% 4% 6% 8% 10% 12% Percent Savings (2008-20111) Average Percent Savings, All Buildings Includes types with at least 500 buildings in the analysis data Savings by Building Type 20.1 Packet Pg. 346 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 6 point increase 0 50 100 150 200 250 300 350 400 450 500 -2% 0% 2% 4% 6% 8% 10% 12% 14% 16% 1-10 11-20 21-30 31-40 41-50 51-60 61-70 71-80 81-90 91-100 Weather Normalized Source EUI (kBtu/ft2) Percent Savings (2008-2011) ENERGY STAR Score (2008) 2008 EUI 2009 EUI 2010 EUI 2011 EUI Percent Savings Savings Vary with ENERGY STAR Score ATTACHMENT 2 20.1 Packet Pg. 345 Attachment: Agenda Item Summary August 28, 2018 (7329 : Building Energy and Water Scoring) 2016 Phased: •100,000 to •20,000 •10,000 Phased: •100,000 to •20,000 557 45,600,000 Fort Worth Business Smart Commercial Sector Recognition Houston Green Office Challenge Commercial Sector Kansas City MO Kansas City Energy Empowerment Ordinance 2015 Phased: •100,000 to •50,000 •10,000 Phased: •100,000 to •50,000 1,500 400,000,000 Los Angeles City of Los Angeles Existing Buildings Energy and Water Efficiency Program 2016 Phased: •100,000 to •20,000 •7,500 Phased: •100,000 to •20,000 14,000 900,000,000 Louisville Louisville Kilowatt Crackdown Commercial Sector Miami-Dade County GreenPrint Minneapolis Minneapolis' Commercial Building Rating and Disclosure Ordinance 2013 Phased: •100,000 to •50,000 •25,000 625 110,000,000 Montgomery County Montgomery County's Bill 2-14 and Bill 35-15 2014 Phased: •250,000 to •50,000 All 750 68,000,000 New Orleans Resilient New Orleans All New York City New York City's Local Law 84 (additional requirements in Local Laws 87 & 88) 2009 Phased: •50,000 to •25,000 •10,000 Phased: •50,000 to •25,000 33,417 2,800,000,000 Oakland Energy and Climate Action Plan Orlando Orlando Ordinance No. 2016-64 2016 •50,000 •10,000 •50,000 826 125,600,000 Philadelphia City of Philadelphia Building Energy Benchmarking Ordinance (No. 120428) 2012 •50,000 •50,000 •50,000 2,900 390,000,000 Phoenix Kilowatt-hour Krackdown - BOMA Pittsburgh Bill 2016-0829 Building Benchmarking 2016 •50,000 All 861 164,000,000 Portland Commercial Building Energy Performance Reporting (No. 187095) 2015 Phased: •50,000 to •20,000 •20,000 1,024 87,000,000 Portland, ME 2016 •20,000 •5,000 •50 dwellings 284 Providence Promoting Sustainable Energy ATTACHMENT 1 2 Packet Pg 1 inch = 333 feet Site ATTACHMENT 3 16.3 Packet Pg. 191 Attachment: Structure Plan Map (7320 : Strauss Cabin Enclave Annexation) 16.2 Packet Pg. 190 Attachment: Zoning Map (7320 : Strauss Cabin Enclave Annexation) r m in t Ct Ro o k e ry Rd Sunse t View Dr Saker Ct Sagewater Ct Rookery Rd Kingfisher Ct Espalier Ln E spali e r Ct Rookery Rd ORpureanl Lands Low MixeDde-nsityUse Residential Urban Estate Urban Estate Rural andLands Open Stream Corridors Low MixeDde-nsityUse Residential Urban Estate Kinard KnowleCdogree Middle School © Kechter StructureAnnexation Enclave Plan Map 1 inch = 333 feet Site ATTACHMENT 3 15.3 Packet Pg. 167 Attachment: Structure Plan Map (7319 : Kechter Enclave Annexation) i n t C t Ro o k e ry Rd Sunse t View Dr Saker Ct Sagewater Ct Rookery Rd Kingfisher Ct Espalier Ln E spali e r Ct Rookery Rd Kinard KnowleCdogree Middle School UE LMN UE © Kechter ZoningAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 2 15.2 Packet Pg. 166 Attachment: Zoning Map (7319 : Kechter Enclave Annexation) i n t C t Ro o k e ry Rd Sunse t View Dr Saker Ct Sagewater Ct Rookery Rd Kingfisher Ct Espalier Ln E spali e r Ct Rookery Rd Kinard KnowleCdogree Middle School © Kechter VicinityAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 1 15.1 Packet Pg. 165 Attachment: Vicinity Map (7319 : Kechter Enclave Annexation) Federal Permitting - Final EIS Federal Permitting - Final Decision Other Federal & State Permitting Preliminary Design Final Design Construction Enlarged Halligan Operations 13.1 Packet Pg. 152 Attachment: Halligan Council Update October 2018 (7310 : Halligan Reservoir - Extension of Contract Lengths) • Provided outreach on the project to environmental groups and federal and state elected officials. N ATTACHMENT 1 13.1 Packet Pg. 151 Attachment: Halligan Council Update October 2018 (7310 : Halligan Reservoir - Extension of Contract Lengths) property: feather flag, yard sign, site sign, or swing sign; (e) any common line of pennants must be stretched tightly to avoid movement in windy conditions. (F) Vertical Projected Light Signs. (1) Vertical projected light signs may be used in connection with a temporary special event, during the term of the temporary special event. Such special events may Packet Pg. 129 N/A N/A None None Setbacks and Spacing N/A N/A 2 ft. from all property lines 2 ft. from all property lines Other Standards N/A N/A Swing signs shall be installed in permeable landscaped areas that are at least 4 ft. in every horizontal dimension and at least 20 sf. in area Swing signs shall be installed in permeable landscaped areas that are at least 4 ft. in every horizontal dimension and at least 20 sf. in area Feather Flags Max. # 1 per 100 ft. of property frontage or fraction thereof; may be clustered 1 per 100 ft. of property frontage or fraction thereof; may be clustered 1 per 100 ft. of property frontage or fraction thereof; may be clustered Residential Buildings: Not Allowed Nonresidential Buildings: 1 Max. sign area 40 sf. 40 sf. 40 sf. 10 sf. Max. sign height 15 ft. 15 ft. 15 ft. 10 ft. Other Standards Not allowed if freestanding banner is present Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Not allowed if freestanding banner is present Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole (D) Duration of Display of Temporary Signs. (1) Generally. The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the Packet Pg. 125 1 per 600 ft. of property frontage or fraction thereof, provided that the area of the property is at least 2 acres; properties that are less than 2 acres shall not display site signs 1 per 600 ft. of property frontage or fraction thereof, provided that the area of the property is at least 2 acres; properties that are less than 2 acres shall not display site signs Nonresidential and Residential Mixed Use Buildings: 1 per property Max. Sign Area 16 sf. 32 sf. 32 sf. 32 sf. Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft. Allowed Lighting External, down directional and concealed light source External, down directional and concealed light source External, down directional and concealed light source External, down directional and concealed light source Setbacks and Spacing 2 ft. from front property lines 2 ft. from front property lines 2 ft. from front property lines 2 ft. from front property lines 10 ft. from all other property lines 10 ft. from all other property lines 10 ft. from all other property lines 10 ft. from all other property lines 10 ft. from all other signs 10 ft. from all other signs 10 ft. from all other signs 10 ft. from all other signs 12 ft. from building walls 12 ft. from building walls 12 ft. from building walls 12 ft. from building walls Packet Pg. 124 Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof Packet Pg. 123 required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of- way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Must be oriented to the drive-thru lane; if any part of the sign structure is visible from abutting property or right-of-way additional screening is required4 Table Notes: 1 Frontages include the frontage of all properties that are part of a group of properties that are planned or developed with shared pedestrian or vehicular access. Signs may not be allocated from one frontage to another. 2 Additional sign area and sign height are allowed as follows: (i) Convenience shopping centers: Max. sign area: 40 sf., Max. sign height 8 ft.; (ii) Neighborhood service centers or neighborhood commercial districts: Max. sign area: 55 sf., Max. sign height: 10 ft. 3 A Drive-Thru Lane EMC may be 100% of the sign area if the display changes no more than three times in a 24hr. period. 4 For a Drive-Thru Lane Sign screening may be achieved through plants or other materials compatible to the primary building Table (G)(2) Setback for Primary Detached Signs based on Sign Height and Sign Area Distance from Street Right-of-Way Line (ft.) Monument Style Sign Pole Style Sign Max. Height (ft.) Max. Sign Area (per face) (sf.) Max. Height (ft.) Max. Sign Area (per face) (sf.) 0 7 45 10 20 5 8.5 60 10 30 10 10 75 12 40 15 12 90 12 50 20 12 90 14 60 25 12 90 16 70 30 12 90 18 80 36+ 12 90 18 90 (H) Projected Light Signs. (1) Horizontal Projected Light Signs. (a) Horizontal projected light signs that are projected onto public sidewalks are allowed only by portable sign permit, except that with respect to such signs, the area in which the portable sign permit may be issued is Packet Pg. 120 1 per street frontage of a neighborhood service center or neighborhood commercial district Subject to Sign Area Allowance Yes Yes Nonresidential uses only No No No Max. Sign Area 16 sf. 16 sf. 16 sf. 16 sf. 16 sf. 32 sf. Max. Sign Height 4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 6 ft. Allowed Lighting Any Any Any Indirect only Indirect only Any Setbacks and Spacing 2 ft. from right- of-way; 10 ft. from property lines 2 ft. from right-of- way; 10 ft. from property lines 2 ft. from right-of-way; 10 ft. from property lines 2 ft. from right-of- way; 10 ft. from property lines 2 ft. from right- of-way; 10 ft. from property lines 2 ft. from right-of-way; 10 ft. from property lines Max. Cabinets or Modules per Sign Face 1 1 1 1 1 1 Other Standards Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Same as primary freestanding sign; however, pole style signs are not allowed Drive-Thru Lane Signs Max. # 1 per drive through lane 1 per drive through lane 1 per drive through lane 1 per drive through lane 1 per drive through lane 1 per drive through lane Subject to Sign Area Allowance No No No No No No Max. Sign Area 30 sf. 3 30 sf. 3 30 sf. 3 30 sf. 3 30 sf. 3 30 sf. 3 Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. Allowed Lighting Any Any Any Any Any Any Packet Pg. 119 vehicular entry into residential subdivision or multifamily site (one single face sign on each side of entry) Subject to Sign Area Allowance Yes Yes Yes, for nonresidential or multifamily uses No No Yes Max. Sign Area Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Single-family detached or duplex building with frontage on arterial: 4 sf. All other allowed signs: 35 sf. Single-family detached or duplex building with frontage on arterial: 4 sf. All other allowed signs: 35 sf. 32 sf.2 Max. Sign Height Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Based on setback and style, see Table (G)(2), below Single-family detached or duplex building with frontage on arterial: 5 ft. Multifamily or Nonresidential use: 8 ft. Single-family detached or duplex building with frontage on arterial: 5 ft. Multifamily or Nonresidential use: 8 ft. Multifamily or Nonresidential use: 5 ft.2 Allowed Lighting Any Any Any Indirect only None Any Setbacks and Spacing See Table (G)(2), below; 15 ft. setback from interior lot lines; 75 ft. spacing between freestanding signs See Table (G)(2), below; 15 ft. setback from interior lot lines; 75 ft. spacing between freestanding signs See Table (G)(2), below; 15 ft. setback from interior lot lines; 75 ft. spacing between freestanding signs Not allowed if a wall sign is installed Not allowed if a wall sign is installed 75 ft. from adjacent residential zone or existing or approved residential use Max. Cabinets or Modules per Sign Face 3 3 3 3 3 3 Packet Pg. 118 ft.; 1st or 2nd story secondary roof: 3 ft 1st or 2nd story secondary roof 1st or 2nd story secondary roof: 3 ft Allowed Lighting Any Any Any Any Any Any Other Standards Distance between secondary roof and bottom of sign face shall not exceed 6 in.; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6 in. ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6 in. ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6in ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6in. ; not allowed above 2nd story Distance between secondary roof and bottom of sign face shall not exceed 6 in. ; not allowed above 2nd story Figure (F) Secondary Roof Sign Packet Pg. 117 Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District All Canopy Signs Max. # 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per canopy elevation, for nonresidential, multifamily, or mixed- use property 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per canopy elevation, for nonresidential, multifamily, or mixed-use property 1 per street frontage, on canopy that covers vehicular use area of nonresidential, multifamily, or mixed-use property Subject to Sign Area Allowance Yes Yes Yes Yes Yes Yes Max. Sign Area (per sign) 20 percent of canopy fascia on elevation to which sign is mounted 30 percent of canopy fascia on elevation to which sign is mounted 30 percent of canopy fascia on elevation to which sign is mounted 15 percent of canopy fascia on elevation to which sign is mounted 10 percent of canopy fascia on elevation to which sign is mounted 12 sf. on canopy that covers vehicular use area Allowed Lighting Internal only Internal only Internal only Internal only Internal only Internal only Min. Sign Clearance By building code By building code By building code By building code By building code By building code Other Standards Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Canopy signs shall not project above the top of the canopy to which they are mounted. Not allowed on a canopy that covers a vehicular use area if an under-canopy sign is present. (F) Secondary Roof Signs. Secondary roof signs are allowed according to the standards in Table (F), Secondary Roof Signs. Table (F) Secondary Roof Signs Packet Pg. 116 way by revocable license if total sign area for fin signs is lesser of 1 sf. per lf. building frontage or 12 sf. Figure (D) Fin Signs (Primary) Fin Signs (Secondary) Max. # 1 per public building entry 1 per public building entry 1 per public building entry 1 per public building entry 1 per public building entry 1 per public building entry Subject to Sign Area Allowance Yes Yes Yes, but only for nonresidential uses No No Yes Max Sign Area 4 sf. 4 sf. 4 sf. 4 sf. 4 sf. 4 sf. Max. Projection 4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 1 ft. Min. Sign Clearance By building code By building code By building code By building code By building code By building code Allowed Lighting Indirect only Any Any Not allowed Not allowed Internal only Packet Pg. 115 secondary fin sign is present at same entrance Not allowed if secondary fin sign is present at same entrance Not allowed if secondary fin sign is present at same entrance Not allowed on a canopy that covers a vehicular use area if a canopy sign is present; not allowed if secondary fin sign is present at same entrance Fin Signs (Primary) Max. # 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building 1 per street frontage per nonresidential, mixed-use, or multifamily building Subject to Sign Area Allowance Yes Yes Yes, but only for nonresidential, mixed-use, or multifamily buildings Yes, but only for nonresidential, mixed-use, or multifamily buildings Yes, but only for nonresidential, mixed-use, or multifamily buildings Yes Max Sign Area 12 sf. if within 15 ft. of elevation of sidewalk below; 25 sf. if between 15 ft. and 45 ft. of elevation above sidewalk below; 45 sf. if entirely above 45 ft. of elevation above sidewalk below 15 sf. 15 sf. 15 sf. 15 sf. 7 sf. Max. Sign Height 7 ft. if within 15 ft. of elevation of sidewalk below; 10 ft. if 15 ft. to 45 ft. of elevation above sidewalk below; 18 ft. if entirely above 45 ft. of elevation above sidewalk below 7 ft. 7 ft. 7 ft. 7 ft. 4 ft. Max. Projection (may project into right-of- way only by revocable license) Entirely or partially below third story: 3 ft.; entirely above third story:.6 ft.; Not more than 4 ft. within right-of-way 6 ft.; not more than 4 ft. within right-of- way 6 ft.; not more than 4 ft. within right-of- way 6 ft.; not more than 4 ft. within right-of-way 6 ft.; not more than 4 ft. within right- of-way 4 ft.; not more than 4 ft. within right-of-way Min. Sign Clearance 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. Allowed Lighting Any Any Any Any Any Internal only Packet Pg. 114 first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Not allowed above first story; awning must be installed over window or building entrance Awning sign shall not project above top of awning or beyond face of awning Under-Canopy Signs Max. # 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies; 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies 1 per building entrance for canopies that are attached to buildings; 1 per elevation for detached canopies Under canopies that cover vehicular use areas: 1 per street frontage; all others not limited. Subject to Sign Area Allowance Yes Yes Yes Yes Yes Yes Max. Sign Area (per face) Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Not covering vehicular use area: 4 sf.; Covering vehicular use area: 12 sf. Min. Sign Clearance 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft. Allowed Lighting Any Any Any Indirect only Indirect only Indirect only Packet Pg. 113 Projecting Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District Within Residential Neighborhood Downtown Sign District Commercial/ Industrial Mixed-Use Multifamily Single-Family Awning Signs Max. # 1 per awning 1 per awning 1 per awning 1 per awning; limited to nonresidential uses 1 per awning; limited to nonresidential uses 1 per awning; limited to nonresidential uses Subject to Sign Area Allowance Yes Yes Nonresidential uses only Nonresidential uses only Nonresidential uses only Yes Max. Sign Area Lesser of 35 sf. or 25% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Lesser of 10 sf. or 10% of total area of the awning Lesser of 35 sf. or 25% of total area of the awning Max. Projection (may project into right-of- way with revocable license) 7 ft. 7 ft. 7 ft. 7 ft. 7 ft. 7 ft. Min. Sign Clearance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance 8 ft. to awning; 7 ft. to valance Packet Pg. 112 or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes Raceway must be finished to match color of wall; raceway must be not more than 50% of height of attached letters or shapes (C) Window Signs. Window signs are allowed according to the standards in Table (C), Window Signs. Table (C) Window Signs Type of Sign Standards Sign District Outside of Residential Neighborhood Sign District1 Within Residential Neighborhood Downtown Commercial/Industrial Mixed-Use Multifamily Single-Family Sign District All Window Signs Max. # Not limited1 Not limited1 Not limited1 Not limited Not limited Not limited Subject to Sign Area Allowance Yes, except as provided in “other standards,” below Yes, except as provided in “other standards,” below Nonresidential only, and except as provided in “other standards,” below No No Yes Max. Sign Area2 Up to 50% of area of architecturally distinct window. Up to lesser of 50% of area of architecturally distinct window or 80 sf. Up to lesser of 50% of area of architecturally distinct window or 80 sf. Nonresidential: Up to lesser of 50% of area of architecturally distinct window or 80 sf.; Residential: 6 sf. Nonresidential: Up to lesser of 50% of area of architecturally distinct window or 80 sf.; Residential: 6 sf. Nonresidential: Up to lesser of 25% of area of architecturally distinct window or 80 sf.; Residential: 6 sf. Max. Sign Height No Max. 7 ft. 7 ft. 3 ft. 3 ft. 3 ft. Allowed Lighting Internal Internal Internal None None Internal Packet Pg. 111 Lighting Indirect only Indirect only Indirect only Indirect only Indirect only Indirect only Figure (B)(2) Applied or Painted Wall Signs – Vertically Oriented Cabinet Wall Signs or Dimensional Wall Signs Max. # Not limited Not limited Not limited for nonresidential or mixed-use; 1 per building per frontage for multifamily properties Not limited for nonresidential or mixed-use; 1 per building per frontage for multifamily properties Not limited for nonresidential or mixed-use; 1 per building per frontage for multifamily properties Not limited for nonresidential or mixed- use; 1 per building per frontage for multifamily properties Subject to Sign Area Allowance Yes Yes Nonresidential uses only Yes Yes Yes Max. Sign Area Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Limited by sign area allowance Packet Pg. 110 that there are no visible gaps between the edges of the banner and the banner frame. Not allowed if detached sign is installed Not allowed if detached sign is installed Not allowed if detached sign is installed Location shall harmonize with architecture of the building(s) to which sign is attached, (e.g., projection, relief, cornice, column, change of building material, window or door opening); Flush wall signs shall align with other such signs on the same building. Figure (B)[(1) Applied or Painted Wall Signs Packet Pg. 109 Max. Sign Area In addition to sign allowance, 6 sf. is allowed on rear wall if: (i) the wall includes a public entrance; (ii) site is within DDA Alley Enhancement Project area; and (iii) a projecting sign is not installed on the wall Limited by sign area allowance Single-family or duplex building: 4 sf. Nonresidenti al use: 35 sf. Single-family or duplex building: 4 sf. Nonresidentia l use: 35 sf. Single-family or duplex building: 4 sf. Nonresidentia l use: 35 sf. Limited by sign area allowance, except if tenant space does not have outside wall, in which case 30 sf. Packet Pg. 108