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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/05/2017 - 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 The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting December 5, 2017 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring December 10, 2017 as International Human Rights Day. Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. City of Fort Collins Page 2 • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] • CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the November 7, 2017 Regular Council Meeting and the November 13, 2017 Adjourned Council Meeting. The purpose of this item is to consider and approve the minutes from the November 7, 2017 Regular Council meeting and the November 13, 2017 Adjourned Council meeting. City of Fort Collins Page 3 2. Items Relating to Code Amendments to Manage Small Cell and Other Communication Facility Installations in City Rights-of-Way and on City Infrastructure. A. Second Reading of Ordinance No. 143, 2017, Amending Chapter 23 of the Code of the City of Fort Collins to Establish Communication Facility Encroachment Permits. B. Second Reading of Ordinance No. 144, 2017, Amending Articles 3 and 5 of the Land Use Code Regarding Small Cell Facilities. These Ordinances, unanimously adopted on First Reading on November 21, 2017, regulate the installation of small cellular and other communication equipment in the City’s rights-of-way, establish a permit to allow such installations and to consider less extensive changes to the Land Use Code to clarify that the review of such applications for use of the City’s right-of-way is addressed under the City Code regulations. The City Code language has been recommended for approval by the Energy Board and the Land Use Code language has been recommended for approval by the Planning and Zoning Board. Between First and Second Reading, staff has modified the requirements involving signal interference compliance, as defined in the proposed regulations at City Code Sec. 26-172 and further described at Secs. 26-175(c) and 26-177(d)(1). Carriers expressed concerns with conditioning City permit approval on demonstrating compliance with federal radio frequency and signal interference standards. After review, staff has updated the related proposed City Code sections to align with regulations adopted by other Colorado municipalities requiring a statement under penalty of perjury that a carrier’s emissions and equipment meet federal standards. 3. Items Relating to the Community Services 2018 Mid-Year Budget Cycle Appropriation Requests. A. Second Reading of Ordinance No.158, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Natural Areas Maintenance Facility Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 159, 2017, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund into the Capital Project Fund for Community Park Development and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. C. Second Reading of Ordinance No. 160, 2017, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund into the Capital Project Fund for the East District Maintenance Facility and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate the additional funding for Natural Areas and Parks and Park Planning & Development projects. These projects, which were reviewed by City Council at the October 24, 2017 Council Work Session, include a Natural Areas Maintenance Facility Expansion, Community Park Development and an East District Park Maintenance Facility. 4. Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project. A. Second Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth and College Intersection Project”, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. City of Fort Collins Page 4 B. Second Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and College Avenue Intersection Improvements Project. These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate $1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Horsetooth Road and College Avenue. Council previously appropriated the majority of the project funding through previous Council actions, including the 2017-2018 budget process, which identified additional funding was going to be needed with a future appropriation in 2019. The project was previously scheduled to be completed in 2019, but the project schedule has been accelerated to be complete in 2018. 5. Second Reading of Ordinance No. 163, 2017, Repealing and Reenacting Article V of Chapter 24 of the Code of the City of Fort Collins and Amending the Fort Collins Traffic Code Regarding the Residential Parking Permit Program. This Ordinance, unanimously adopted on First Reading on November 21, 2017, updates the City Code and Traffic Code to include elements of the Residential Parking Permit Program (RP3) as discussed at the August 22, 2017 Work Session, and changes some existing provisions that are no longer being used. Amendments to the Code will provide the City Manager to create regulations regarding the process for fast tracking areas affected by spillover parking (parking in neighborhoods adjacent to newly-adopted RP3 zones). Some additional revisions are proposed to ensure consistency between the current administrative procedures and the Code. 6. Second Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business Improvement District. This Ordinance, unanimously adopted on First Reading on November 21, 2017, creates and establishes the Midtown Business Improvement District, appoints the initial members of the Board of Directors of the District, approves the District's Initial Operating Plan and Budget; and designates the area as a location for new business or commercial development. The Initial Operating Plan has been revised between First and Second Reading of the Ordinance to address issues that were raised by Council at First Reading. The revised Initial Operating Plan is attached as Exhibit “E” to the Ordinance and the revisions are on page 6 of the Plan. The issues addressed in these revisions are to clarify that: (1) the District will be operated in compliance with all applicable Colorado laws, including the Fair Campaign Practices Act; (2) authorized District improvements will be available and open to the public in a non-discriminatory manner; and (3) the District cannot provide security services now or in the future unless authorized to so by the City Council. 7. First Reading of Ordinance No. 166, 2017, 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 $42,614 of prior year reserves for a rebate to Woodward, Inc. for 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. 8. First Reading of Ordinance No. 167, 2017, Amending Section 2-568(c)(2) of the Code of the City of Fort Collins Pertaining to Rules of Conduct Applicable to Councilmember Conduct. The purpose of this item is to amend Section 2-568(c)(2) of the City Code to add clarifying language that limits Councilmember interaction with City officers and employees regarding matters for which a conflict of interest has been declared. City of Fort Collins Page 5 9. First Reading of Ordinance No. 168, 2017, Amending Chapter 26, Articles VI and VII of the Code of the City of Fort Collins to Correct Errors in How Certain Utility Fees Formulae are Expressed Related to Electric Utility Development Fees and Single-Family Residential Stormwater Utility Fees. The purpose of this item is to correct two formulas relating to development charges and monthly fees for the Light and Power and Stormwater utilities. The first correction fixes an omission in the calculation of kilo-watt demand for electric capacity charges. The second correction fixes a typo in a formula used to calculate single family residential monthly stormwater fees. Both of these changes make City Code consistent with the original intent of the formulas and reflect how the fees have been calculated and billed since their adoption. 10. First Reading of Ordinance No. 171, 2017, Amending Chapter 1 of the Code of the City of Fort Collins to Create a Petty Offense Classification and Penalties for Petty Offense Violations. The purpose of this item is to create a petty offense category within the City Code and to classify a violation of the City's smoking ordinance as a petty offense. 11. First Reading of Ordinance No. 169, 2017, Authorizing the Use of the Non-Development Lease with the Colorado State Board of Land Commissioners as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. The purpose of this item is to place a Notice of Grant Agreement on the 3,873 acres of land within Soapstone Prairie Natural Area subject to a Non-Development Lease with the Colorado State Board of Land Commissioners. The grant will expand upon Bird Conservancy of the Rocky' s (BCR) research and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico. 12. First Reading of Ordinance No. 170, 2017, Authorizing the Use of the Evans Tract as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. The purpose of this item is to place a Notice of Grant Agreement on the 240-acre Evans Tract purchased in 2015 as part of Soapstone Prairie Natural Area. The grant will expand upon Bird Conservancy of the Rocky’s (BCR) research and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico. END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • STAFF REPORTS • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 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. 13. First Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Regarding Smoking in Public Areas. (staff: Tyler Marr; 15 minute staff presentation; 1 hour discussion) The purpose of this item is to consider changes to the downtown smoking ordinance as consistent with the direction given by Council at the August 22 Work Session. The changes include placing a 10 p.m. to 5a.m. window in which the ordinance would not be in effect, and two options related to having designated smoking areas within the downtown zone, one of which creates up to eight areas and one which would allow smoking in all alleys within the zone. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Council will consider a motion to call a special meeting for 6:00 p.m., Wednesday, December 13, 2017. • ADJOURNMENT A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, December 12, 2017. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the Universal Declaration of Human Rights was adopted by the United Nations on December 10, 1948; and WHEREAS, it was the first time a document declaring human rights and fundamental freedoms was adopted by an international organization, and it continues to have universal value in defending and advancing people’s rights; and WHEREAS, America’s commitment to individual freedom and democracy provides the foundation for our society and the Bill of Rights serves to guide our people and our government to ensure basic human rights and liberties; and WHEREAS, as a community, we are committed to upholding these principles and making Fort Collins a place where all citizens have the opportunity to voice their opinions, practice their faith, and enjoy the blessings of freedom; and WHEREAS, our community will find encouragement in rallying together to defend human rights. By working together to advance the rights of all people, we will help to build mutual trust and harmony for all individuals in our community. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim December 10, 2017, as INTERNATIONAL HUMAN RIGHTS DAY in the city of Fort Collins and hereby encourage all residents, businesses, and institutions to recognize International Human Rights Day 2017 by observing our nation’s Bill of Rights and pledging to uphold the universal principles of liberty and justice that define our dreams and shape our hopes as we face the challenges of a new era. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 7 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the November 7, 2017 Regular Council Meeting and the November 13, 2017 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to consider and approve the minutes from the November 7, 2017 Regular Council meeting and the November 13, 2017 Adjourned Council meeting. ATTACHMENTS 1. November 7, 2017 (PDF) 2. November 13, 2017 (PDF) 1 Packet Pg. 8 City of Fort Collins Page 51 November 7, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. • CITIZEN PARTICIPATION Eric Sutherland discussed City Code regarding the execution of intergovernmental agreements. He opposed the City’s intergovernmental agreement with Loveland and Greeley relating to judge appointments. Francesco Arndorfer discussed the Liberty Common Lego Robotics Team and its focus on home rainwater collection. He encouraged the City to promote installation of rain barrel collection systems. Alan Braslau expressed support for the municipal broadband item on today’s ballot. Rob (no last name given) expressed concern regarding statements made by the Interim Police Chief about an elderly woman in a mental health crisis and a young man with mental issues who was shot to death. Susan Holmes discussed her Native American son who was shot to death by CSU and City Police Officers. She opposed the statements made by the District Attorney regarding the case stating they are false. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell discussed the prescriptive nature of Council meetings and the handling of the removal of Ms. Holmes from the Chambers. He expressed sympathy for her situation. Councilmember Summers thanked the student who spoke from Liberty Common. City Manager Atteberry introduced the students to Kevin Gertig, Utilities Director. • CONSENT CALENDAR Mayor Troxell noted Item Nos. 12, Items Relating to the Fox Hills Second Annexation, 13, Public Hearing and First Reading of Ordinance No. 150, 2017, Amending the Zoning Map of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fox Hills Second Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Residential 1.1 Packet Pg. 9 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 52 Neighborhood Sign District Map, 14, Items Relating to the I-25 Third Annexation, and 15, Public Hearing and First Reading of Ordinance No. 152, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the I-25 Third Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map, are public hearings. No members of the public spoke on any of the items and Mayor Troxell closed the public hearings. Eric Sutherland withdrew Item No. 6, First Reading of Ordinance No. 139, 2017, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority relating to the Annual Appropriations for the Fiscal Year 2018 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2018, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the October 3 and October 17, 2017, Regular Council Meetings. (Adopted) The purpose of this item is to approve the minutes from the October 3 and October 17, 2017, Regular Council meetings. 2. Second Reading of Ordinance No. 133, 2017, Appropriating Unanticipated Grant Revenue in the General Fund for Electric Lawn and Garden Equipment Procurement. (Adopted) This Ordinance, unanimously adopted on First Reading on October 17, 2017, appropriates unanticipated grant revenue in the amount of $15,000 in the General Fund for the purchase of electric lawn and garden equipment for the Parks Department. The Regional Air Quality Council (RAQC) granted these funds to assist municipalities in purchasing new low-emission commercial lawn and garden equipment. The grant directly supports efforts to lead by example in reducing air quality impacts from municipal lawn and garden equipment fleet. 3. Second Reading of Ordinance No. 134, 2017, Amending Chapter 3, Article III, Section 3-76 of the Code of the City of Fort Collins to Set the Occupation Tax Rate for New Categories of Liquor Licenses. (Adopted) This Ordinance, unanimously adopted on First Reading on October 17, 2017, adds new liquor license types and corresponding tax to the City’s occupation tax schedule. The Colorado General Assembly has added three new types of liquor licenses. The City has an occupation tax for the liquor license categories established by the State. 4. Second Reading of Ordinance No. 135, 2017, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands as Part of the Fossil Creek Trail System. (Adopted) 1.1 Packet Pg. 10 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 53 This Ordinance, unanimously adopted on First Reading on October 17, 2017, authorizes the use of eminent domain to acquire a tract of land owned by the Clarendon Hills Homeowners’ Association (CHHA) that is being used as part of the Fossil Creek Trail. In the 1990s, the Fossil Creek Trail (FCT) was constructed from Cathy Fromme Prairie at Taft Hill Road to the underpass at Shields Street. As the FCT comes to the east side of Shields Street, it crosses a portion of Tract D, Clarendon Hills Fourth Filing. This tract is currently owned by CHHA. CHHA supports conveyance of a portion of Tract D to the City for the FCT. Due to restrictions in the Declaration of Covenants for Clarendon Hills, CHHA asked the City to use eminent domain procedures to accomplish this acquisition. 5. First Reading of Ordinance No. 138, 2017, Adopting the 2018 Budget and Appropriating the Fort Collins Share of the 2018 Fiscal Year Operating and Capital Improvement Funds for the Northern Colorado Regional Airport. (Adopted) The purpose of this item is to appropriate the City’s 50% share of the 2018 Northern Colorado Regional Airport budget. The Airport’s total budget is comprised of an operating budget and a capital budget. The 2018 annual operating budget is $1,211,500, and will be funded using Airport operating revenues and non-operating revenues derived through contributions from the Cities of Fort Collins and Loveland ($242,500 from each City). The proposed capital budget is $365,000, and is funded through federal grants, state grants, and Airport operating revenue. This decrease is due to no anticipated FAA grant funding availability for 2018. This Ordinance appropriates the City of Fort Collins 50% share of the 2018 Airport operating budget, which totals $605,750 and the City of Fort Collins 50% share of the 2018 capital budget, which totals $182,500. The City of Loveland will be appropriating the other 50%. The Airport operating budget is used to maintain and operate the Airport in compliance with all regulatory standards for safety and security, and to achieve the Council-approved Airport Strategic Plan. The Airport capital budget will be used to complete Airport improvement projects including runway and taxiway rehabilitation and preservation, taxiway sign safety modifications, an Airport Master Plan update, and acquisition of snow removal equipment. 6. First Reading of Ordinance No. 140, 2017, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the Lemay and Vine Intersection Project, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program (Adopted) The purpose of this item is to appropriate $1,400,000 of prior year reserves in the Transportation Capital Expansion Fee Fund for the Lemay and Vine Intersection Project. The Lemay Avenue realignment and intersection improvements have been prioritized as the City’s #1 Transportation Capital Improvement Project. The improvements will construct a new roadway (realigned Lemay) from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Vine Drive and Lemay Avenue intersection. The City has utilized an extensive planning process over the past 25 years to plan for the proposed right-of-way and utility corridor alignments, regional stormwater improvements, and multi-modal connectivity. This appropriation will allow staff to move forward with the following opportunities in 2018: • Right-of-way purchases for realigned Lemay Avenue, south of Vine Drive; and the Buckingham Street extension from Ninth Street to realigned Lemay • Dirt placement along realigned Lemay Avenue, north of Vine Drive, partnering with Utilities • Box culvert placement in the Dry Creek, partnering with Utilities. 1.1 Packet Pg. 11 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 54 7. First Reading of Ordinance No. 141, 2017, Appropriating Unanticipated Grant Revenue in the General Fund for Hairy Willow Herb-Affected Lands Management. (Adopted) The purpose of this item is to appropriate in the General Fund $6,000 of unanticipated grant revenues from the Colorado Department of Agriculture Noxious Weed Management Program. This proposed project will provide contracted herbicide applications to private property owners affected by Hairy Willow Herb. Hairy Willow Herb is a List A aquatic species requiring mandatory eradication by local governing agencies. Additionally, two acres in City Natural Areas that are now bare due to efforts last year to treat Hairy Willow Herb will be reseeded. 8. First Reading of Ordinance No. 142, 2017, Waiving Certain Fees for Housing Catalyst's Village on Horsetooth Affordable Housing Project and Appropriating Prior Year Reserves in Various City Funds to Pay Specified Fees. (Adopted) The purpose of this item is to determine whether development fee waivers in the amount of $352,319 will be provided to Housing Catalyst for its Village on Horsetooth affordable housing project pursuant to City Code, the Land Use Code and an Intergovernmental Agreement between the City of Fort Collins and the Fort Collins Housing Authority dated July 3, 2013, and to make an appropriation to reimburse any waived capital expansion fees. This matter was heard by the Council Finance Committee. 9. First Reading of Ordinance No. 146, 2017, Amending Article 2 of the Land Use Code to Add Section 2.19 Titled "Reasonable Accommodation Process". (Adopted) The purpose of this item is to revise the Land Use Code (LUC) to add a process to review a request for a reasonable accommodation for qualified individuals under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) (together, the Acts). This Ordinance will establish an administrative review process and provide criteria to be considered when reviewing a request for a reasonable accommodation. 10. First Reading of Ordinance No. 148, 2017, Amending Various Provisions of the Code of the City of Fort Collins and the Land Use Code to Allow for the Discretionary Waiver of City Fees on Additional Affordable Housing Projects to be Constructed in the City. (Adopted) The purpose of this item is to change City policy to allow any developer of housing units targeting households with incomes of no more than 30% area median income (AMI) to request affordable housing fee waivers for the qualifying units and to amend the City Code to reflect this change. This matter was presented to the Council Finance Committee on October 16, and will be presented to the Planning and Zoning Board at a work session on November 9 and a hearing on November 16. 11. Items Relating to the Fox Hills Second Annexation. (Adopted) A. Resolution 2017-096 Setting Forth Findings of Fact and Determinations Regarding the Fox Hills Second Annexation. B. Public Hearing and First Reading of Ordinance No. 149, 2017, Annexing the Property Known as the Fox Hills Second Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 20.4 acres located approximately 3,300 feet west of the intersection of County Road 38E (Harmony Road) and Taft Hill Road. into the City. The residents of the Fox Hills subdivision have petitioned to be annexed into the City of Fort Collins. The annexation area also includes 31 single-family dwellings and residual open land that are part of the Fox Hills subdivision west of Red Fox Road. The requested zoning for this annexation is the Residential Foothills (R-F) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding properties are existing residential uses. 1.1 Packet Pg. 12 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 55 12. Public Hearing and First Reading of Ordinance No. 150, 2017, Amending the Zoning Map of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fox Hills Second Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the Fox Hills Second Annexation into the Residential Foothills (R-F) zone district and to add the property to the Residential Neighborhood Sign District. 13. Items Relating to the I-25 Third Annexation. (Adopted) A. Resolution 2017-097 Setting Forth Findings of Fact and Determinations Regarding the I-25 Third Annexation. B. Public Hearing and First Reading of Ordinance No. 151, 2017, Annexing Property Known as the I-25 Third Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex approximately 282 acres of I-25 right-of-way. This is a 100% voluntary annexation and zoning of two parcels owned and administered by the Colorado Department of Transportation. Area No. 1 is approximately one and a third (1.33) miles in length and spans north to south from East Vine Drive to Smithfield Drive, just south of the I-25 East Mulberry interchange. Area No. 2 is approximately four and a half (4.50) miles in length and spans north to south from East Harmony Road to the boundary of the Growth Management Area which terminates south of Carpenter Road. Contiguity with the existing municipal boundary is gained with 11 previous annexations that surround portions of the north, east, south and west side of the I-25 Third annexation. A related item to zone the annexed property is presented as the next item on this agenda. 14. Public Hearing and First Reading of Ordinance No. 152, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the I-25 Third Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the I-25 Third Annexation into the Community Commercial (CC), Industrial (I), Public Open Lands (POL) and Rural Lands District (RUL) zone districts. 15. First Reading of Ordinance No. 153, 2017, Authorizing the Conveyance of a Portion of City Property in the Trail Head Subdivision in Exchange for a Parcel of Land from Trail Head Homes, LLC. (Adopted) The purpose of this item is to authorize the exchange of portions of property located in the Trail Head Subdivision with Trail Head Homes, LLC. The City of Fort Collins owns a parcel of land known as Tract H, Trail Head Subdivision, for the purpose of a future City park (the “City Property”). Trail Head Homes, LLC owns a parcel of land directly south of the City Property know as Tract G, Trail Head Subdivision (the “Trail Head Property”). The current boundary line between the properties is not conducive for park programming needs. The Park Planning & Development Department (“Park Planning”) staff and Trail Head Homes, LLC have negotiated an exchange of portions of these tracts to rearrange the existing lot line between the two properties. The land exchange will be beneficial for Trail Head Homes, the City and ultimately the Trail Head Neighborhood because the exchange will create a better space for the park design, ultimately benefitting all parties involved. This Ordinance authorizes the Mayor to 1.1 Packet Pg. 13 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 56 execute the documents necessary to exchange the properties between the City and Trail Head Homes, LLC, recognizing that no funds will need to be paid between parties based on the comparable values of the two parcels. 16. Resolution 2017-098 Expressing Support for the Grant Application for a Local Parks and Outdoor Recreation Grant from the State Board of Great Outdoors Colorado Trust Fund for the Construction of Streets Park and Authorizing the City Manager to Sign a Grant Agreement with Great Outdoors Colorado. (Adopted) The purpose of this item, if approved, is to document City Council support to pursue a Great Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation Grant. If awarded, the funding will be used for the development of Streets Park, located near the Alta Vista and Andersonville neighborhoods at the intersection of Vine and Lemay at the City Streets Maintenance facility. The park is being developed as an outcome of the 2014 Lincoln Corridor Plan. GOCO requires a resolution of City Council support be submitted as part of the grant application package. 17. Resolution 2017-100 Rescinding Resolutions 2017-092, 2017-093, 2017-094, and 2017-095 Initiating the Water Treatment Facility Annexations to Allow Sufficient Time to Provide Required Notice. (Adopted) The purpose of this Resolution is to rescind the Fort Collins Water Treatment Facility Annexations No. 1, 2, 3 and 4 Initiating Resolutions No. 2017-092, 2017-093, 2017-094, 2017-095 (adopted October 17, 2017) and delay the annexation in order to satisfy the notification requirement that 90 days notification be provided to abutting property owners pursuant to Colorado Revised Statues 31-12- 105(1)(e.3). 18. Resolution 2017-099 Setting for November 21, 2017, a Noticed Public Hearing for the City Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown Business Improvement District. (Adopted) The purpose of this item is to consider the adoption of a resolution setting a public hearing date for November 21, 2017, to consider the formation of a Business Improvement District within Midtown Fort Collins. Adoption of the Resolution only sets the public hearing date for consideration of this matter. • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Horak expressed some concern regarding the fund source for Item No. 9, First Reading of Ordinance No. 142, 2017, Waiving Certain Fees for Housing Catalyst's Village on Horsetooth Affordable Housing Project and Appropriating Prior Year Reserves in Various City Funds to Pay Specified Fees. Councilmember Cunniff agreed with Mayor Pro Tem Horak and requested follow-up regarding the performance tracking of affordable housing projects. He also requested follow-up on the benefits to the City of the I-25 annexation. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on a cyber security conference and the City’s multicultural retreat. Councilmember Cunniff reported on the wasteshed task force meeting. Councilmember Stephens reported on the Shepardson Elementary read-a-thon, the Boards and Commissions appreciation dinner, the Fort Collins Symphony, and Fort Collins Art Museum. 1.1 Packet Pg. 14 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 57 Mayor Pro Tem Horak reported on the CDOT Transportation Summit and meeting with the Mayor of Aurora regarding a transportation sales tax. He also reported on the regional air quality commission commercial lawn and garden equipment rebate program noting the City is a model for the program. He stated a study regarding renewable energy will be presented at the next Platte River Power Authority meeting. Mayor Troxell reported on a trip to Japan sponsored by SAFE: Securing America’s Future Energy. • DISCUSSION ITEMS 19. First Reading of Ordinance No. 154, 2017, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2018; Amending the Budget for the Fiscal Year Beginning January 1, 2018, and Ending December 31, 2018; and Fixing the Mill Levy for Fiscal Year 2018. (Adopted on First Reading) The purpose of this item is to amend the adopted 2018 Budget and set $612,965,832 as the amount of the City’s appropriation for fiscal year 2018. It also includes the 2018 adopted budgets for the General Improvement District (GID) No. 1 of $508,107, the GID No. 15 - Skyview of $1,000, the Urban Renewal Authority (URA) budget of $6,058,208 and the Downtown Development Authority (DDA) of $12,507,673, resulting in total City Council appropriations of $632,040,820 in fiscal year 2018. The Net City Budget, which excludes GID No. 1, GID No. 15 - Skyview, URA, DDA and internal transfers between City funds, is $484,721,050 for 2018. Mike Beckstead, Chief Financial Officer, discussed the City’s budget process and these adjustments, which net about $2 million on the $630 million overall budget. Main themes for the overall budget include bolstering funding for neighborhood livability, supporting public safety and increased Police staffing, and climate action. Lawrence Pollack, Budget Director, detailed the budget adjustments and process in arriving at said adjustments. Councilmember Cunniff thanked staff for their work on the item. Councilmember Summers asked about the extent and possible effects of street maintenance budget cuts. City Manager Atteberry replied City roads are in great shape and the program is well funded. Staff is of the opinion this reduction will not jeopardize the quality of the streets. Councilmember Overbeck requested the City work to find innovative ways to reduce the cost for Encampment Cleaning Services. City Manager Atteberry replied this is a safety situation for City employees and this expense is a safety improvement for the work force. It will be tracked and monitored for success. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 154, 2017, on First Reading. Mayor Pro Tem Horak expressed appreciation for staff and Finance Committee work on this item. He stated Council received a request from a citizen regarding Sunday bus service for the route serving the Oak Brook apartments and suggested staff examine the base level of service from which to build for the upcoming budget cycles. 1.1 Packet Pg. 15 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 58 RESULT: ORDINANCE NO. 154, 2017, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 20. Items Relating to the 2018 Utility Rates. (Adopted on First Reading) A. First Reading of Ordinance No. 155, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges and Updating Related Provisions. (Option 1, Option 2, or Option 3) B. First Reading of Ordinance No. 156, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Water Rates, Fees and Charges and Updating Related Provisions. C. First Reading of Ordinance No. 157, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Wastewater Rates, Fees and Charges The purpose of this item is to enact rate ordinances related to 2018 proposed utility rates. A 1.8% increase to monthly charges is being proposed for the Electric Fund in 2018. Electric rate increases are proposed to meet increased wholesale costs and to provide some operating income to the utility. Staff will be presenting three separate rate ordinances, all of which incorporate the 2018 increase that would be effective January 1, along with variations for separate residential time-of-use (TOU) rate options to be implemented in October 2018. Staff recommends implementing the standard TOU rate for all residential customers, as opposed to the TOU+tier option. A 5.0% overall rate increase is proposed by staff for the Water Fund in 2018, with variations by rate class. Water rates are proposed to increase to meet the anticipated capital needs of the utility. A 3.0% overall rate increase is proposed for the Wastewater Utility in 2018, with variations by rate class. Wastewater rates are proposed to be increased to address previous operating revenue shortfalls in order to meet anticipated capital expenditures for the utility. Kevin Gertig, Utilities Executive Director, discussed the proposed rate increases and stated they would be effective January 1, 2018. Electric rates are proposed to increase 1.8% for all classes, water rates are proposed to increase an average of 5%, which varies between rate classes, and wastewater rates are proposed to increase an average of 3%, which varies between rate classes. There are no proposed increases for stormwater rates. Gertig noted both the Energy and Water Boards have approved the proposed rates and the Energy Board supported the standard time of use option recommendation. Randy Reuscher, Utilities Rates Analyst, detailed the proposed increases for electric rates: a standard time of use, a time of use with a tier structure, and a time of use plus a time of use and a tier. The electric increase is based on two components: the wholesale rate increase from Platte River Power Authority, distribution and expenses, and software improvements. A typical residential bill for a household receiving all four City services would increase about 2.2% overall, which is about $3.70 per month. The rate increases for small commercial customers would be slightly less percentage-wise. Reuscher stated staff recommends the straight time of use rate of the three presented options, with an implementation in October 2018. Peter O’Neill, Energy Board Chair, stated the Board voted to recommend Council adopt the mandatory residential time of use option #1, a standard rate for all residential customers, as recommended by staff. Time of use rates more accurately account for the cost to generate and 1.1 Packet Pg. 16 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 59 deliver electricity, reduce the peak power drawn from the system, reduce energy consumed, properly value solar electric energy generation, encourage the installation of electric energy storage, and encourage the scheduling of electric vehicle charging to better utilize the electric system. O’Neill stated the Board does not support the tier to allow for easier understanding by customers and due to the pilot study finding that tiered rates cause no energy conservation. Alan Braslau, Energy Board, concurred with Mr. O’Neill. As a private citizen, he stated time of use addresses our daily and weekly patterns of electricity demand. He recommended adoption of the standard time of use rate. R. Cook Cloninger requested equity for the households completely dependent upon electricity. She stated there must be a way for customers to know when the highest rates are in effect. Kevin Cross, Fort Collins Sustainability Group, stated all three options for time of use would support the City’s larger policy objectives of reducing greenhouse gas emissions and peak electric loads during the summer. Option #3 provides targeted benefits to three important customer groups, however, which is why the Fort Collins Sustainability Group recommends its adoption. The option would result in lower electric bills for low-income residents, and significantly lower bills for customers with rooftop solar systems and electric heat customers. Councilmember Martinez requested staff input regarding Mr. Cross’ comments. Reuscher replied the pilot study showed a lower bill for 3 out of 4 low-income customers by adding the tier component; however, staff is concerned about the other 25% of customers for whom bills would increase. Therefore, staff is recommending implementation of a separate low-income rate. Councilmember Stephens asked how much low-income customers’ rates could be reduced. Reuscher replied the electric discount was around 30-35%. Councilmember Cunniff asked how staff adjusted for the effect of people who reduced their energy use during the pilot project because they knew they were being studied. Justin Fields, Utilities Data Scientist, replied the Hawthorne Effect was controlled for by having a separate control group and a similar reduction was seen in the time of use rate versus the time of use rate plus tier groups. Councilmember Cunniff asked how many customers have subscribed to the solar rebate program to date. Reuscher replied there are roughly 650 rooftop solar customers. Mayor Troxell expressed concern the tiered rate is overly complicated and stated customers need to be able to actively manage their demand. He expressed support for recommended option #1. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 155, 2017, Option #3, on First Reading. Councilmember Cunniff supported tiers, stating the program benefits individuals with less disposable income in a way that is under their control and without necessitating a program application process. Councilmember Summers expressed concern that the time of use plus a tiered rate may be confusing. 1.1 Packet Pg. 17 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 60 Councilmember Stephens stated there does not appear to be a large benefit for low-income residents and expressed concern regarding the complex messaging of the time of use plus tiered rate. Councilmember Martinez stated simplicity equals transparency. Councilmember Stephens asked if adoption of option #3 precludes the use of a low-income rate in addition. Reuscher replied in the negative and stated staff could bring forth an option. Councilmember Martinez suggested the possibility of a stronger effort with landlords to make rental homes more efficient for tenants. He noted the main goal is to reduce the amount of energy consumed. Mayor Troxell stated the movement to time of use rates is a win for Fort Collins. Councilmember Martinez stated he cannot support the motion as a low-income program should come forth simultaneously. Councilmember Stephens stated she could support the tiered rate inclusion as long as there is a plan to discuss low-income assistance. Mayor Pro Tem Horak stated he would like to see some options prior to Second Reading. Councilmember Cunniff stated something can be done in both realms: aiding low-income residents and improving “container” efficiency. Mayor Troxell supported option #1 for simplicity of implementation and stated he would oppose the motion for option #3. RESULT: ORDINANCE NO. 155, 2017, OPTION 3, ADOPTED ON FIRST READING [4-3] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Cunniff, Horak NAYS: Martinez, Summers, Troxell Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 156, 2017, on First Reading. Councilmember Martinez expressed concern regarding the incremental rate increases and asked how programs can be examined to prevent increases. City Manager Atteberry replied staff is constantly evaluating how to keep costs low and efficiencies high. He noted the costs of commodities and personnel are increasing. Mayor Pro Tem Horak noted increases need to occur to fund equipment. Mayor Troxell requested a comparison of City water rates to other area water districts. Gertig replied he could return with that information prior to Second Reading. 1.1 Packet Pg. 18 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 61 Councilmember Overbeck stated Fort Collins citizens appreciate the delivery of high quality water to their homes. RESULT: ORDINANCE NO. 156, 2017, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 157, 2017, on First Reading. RESULT: ORDINANCE NO. 157, 2017, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 21. First Reading of Ordinance No. 139, 2017, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority relating to the Annual Appropriations for the Fiscal Year 2018 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2018. (Adopted on First Reading) 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 $2,589,216 DDA Operations & Maintenance $ 793,937 Revolving Line of Credit Draws $3,300,000 DDA Debt Service Fund $5,824,521 The Ordinance sets the 2018 Mill Levy for the Fort Collins DDA at five mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for 2018. Eric Sutherland stated this item does not comply with State and City Charter requirements that would apply to the DDA in form and content. Councilmember Cunniff asked if the DDA has a process for revisiting budget expenditures should revenues not reach anticipated amounts. Matt Robenault, Downtown Development Authority Director, replied the DDA does not invest 100% of its tax increment stream in private projects and other safeguards are in place if revenues are not realized. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 139, 2017, on First Reading. 1.1 Packet Pg. 19 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) November 7, 2017 City of Fort Collins Page 62 RESULT: ORDINANCE NO. 139, 2017, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • OTHER BUSINESS Councilmember Cunniff stated he sent an email last week about proposed impacts to affordable housing tax credits and noted the Legislative Review Committee will be looking at the item. • Consideration of a motion to adjourn into executive session. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that Council go into Executive Session as permitted under Article 2, Section 11(1) and (2) of the City Charter, Section 2-31A1d, and Section 2-31A2 of the City Code, and Colorado Revised Statute Section 24-6- 402(4)(e)I and Section 24-6-402(4)(b), for the purpose of discussing: (1) strategy matters relating to negotiations with employee groups, including unions; (2) specific legal questions related to litigation or potential litigation regarding collective bargaining with the Fraternal Order of Police; and (3) the manner in which particular policies, practices, or regulations of the City related to Police Services employees may be affected by existing or proposed provisions of federal, state, or local law. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • ADJOURNMENT The meeting adjourned at 9:50 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 20 Attachment: November 7, 2017 (6223 : minutes-11/7, 11/13) City of Fort Collins Page 63 November 13, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Coldiron 1. Consideration of a motion to postpone to December 19, 2017, the Public Hearing and First Reading of an Ordinance Approving or Denying the Long Pond Wireless Telecommunications Facility and Addition of Permitted Use, PDP 160018. (Adopted) Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone the public hearing regarding the Long Pond Wireless Telecommunications Facility and Addition of Permitted Use and First Reading of an ordinance approving or denying that addition of permitted use, to the December 19, 2017 regular Council meeting. Councilmember Martinez asked for the reason behind the request to postpone. Councilmember Horak stated the applicant has requested the postponement to allow time to provide additional information. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 2. Executive Session Authorized. (Adopted) Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into executive session as permitted under Section 2-31(a)(1) of City Code and Colorado Revised Statues Section 24-6-402(4)(f)I) for the purpose of discussing the annual performance reviews of the City Manager and City Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • OTHER BUSINESS • ADJOURNMENT The meeting adjourned at 9:05 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 21 Attachment: November 13, 2017 (6223 : minutes-11/7, 11/13) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Tyler Marr, Policy and Project Analyst Brad Yatabe, Legal SUBJECT Items Relating to Code Amendments to Manage Small Cell and Other Communication Facility Installations in City Rights-of-Way and on City Infrastructure. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 143, 2017, Amending Chapter 23 of the Code of the City of Fort Collins to Establish Communication Facility Encroachment Permits. B. Second Reading of Ordinance No. 144, 2017, Amending Articles 3 and 5 of the Land Use Code Regarding Small Cell Facilities. These Ordinances, unanimously adopted on First Reading on November 21, 2017, regulate the installation of small cellular and other communication equipment in the City’s rights-of-way, establish a permit to allow such installations and to consider less extensive changes to the Land Use Code to clarify that the review of such applications for use of the City’s right-of-way is addressed under the City Code regulations. The City Code language has been recommended for approval by the Energy Board and the Land Use Code language has been recommended for approval by the Planning and Zoning Board. Between First and Second Reading, staff has modified the requirements involving signal interference compliance, as defined in the proposed regulations at City Code Sec. 26-172 and further described at Secs. 26-175(c) and 26-177(d)(1). Carriers expressed concerns with conditioning City permit approval on demonstrating compliance with federal radio frequency and signal interference standards. After review, staff has updated the related proposed City Code sections to align with regulations adopted by other Colorado municipalities requiring a statement under penalty of perjury that a carrier’s emissions and equipment meet federal standards. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF) 2 Packet Pg. 22 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Tyler Marr, Policy and Project Analyst Cyril Vidergar, Legal Brad Yatabe, Legal SUBJECT Items Relating to Code Amendments to Manage Small Cell and Other Communication Facility Installations in City Rights-of-Way and on City Infrastructure. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 143, 2017, Amending Chapter 23 of the Code of the City of Fort Collins to Establish Communication Facility Encroachment Permits. B. First Reading of Ordinance No. 144, 2017, Amending Articles 3 and 5 of the Land Use Code Regarding Small Cell Facilities The purpose of this item is to consider additions to the City Code to regulate the installation of small cellular and other communication equipment in the City’s rights-of-way, establish a permit to allow such installations and to consider less extensive changes to the Land Use Code to clarify that the review of such applications for use of the City’s right-of-way is addressed under the City Code regulations. The City Code language has been recommended for approval by the Energy Board and the Land Use Code language has been recommended for approval by the Planning and Zoning Board. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION On July 1, 2017, HB 17-1193, went into effect. This legislation expands the right of wireless communication companies to locate “small cell” facilities in the City’s rights-of-way, through attachments on existing infrastructure, such as street light poles or traffic signals. City Council subsequently approved a short-term moratorium on the installation of small cellular equipment, to allow time for regulations to be developed, as further described in Ordinance No. 105, 2017. The City Code regulations staff has developed since that time create a review process and encroachment permit for private parties to install small cellular and other communications equipment within the City’s rights-of-way, or “public highways,” as defined in the regulations and HB 17-1193. Review of this permit will be housed in the City’s Engineering department, which will coordinate with other relevant City agencies such as Planning and Light and Power. The related regulations are proposed to be placed in City Code Chapter 23. The proposed regulations also set forth location, operational, and design standards, written to comply with the state law and the federal Telecommunications Act of 1996. The regulations are intended to support and form a foundation for Master Lease Agreement’s (MLA), which will be required under the proposed code in order to attach equipment to the City’s existing infrastructure. Some highlights from each of the sections are as follows: 2.1 Packet Pg. 23 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6208 : SR 143-144 Small Cell) Agenda Item 16 Item # 16 Page 2 Location standards:  Location preference standards will primarily be addressed in an MLA. It is staff’s intent to minimize the construction of new poles in the right of way and encourage the use of existing infrastructure. The proposed code language requires a 600-foot distance be kept between communication facilities, unless otherwise agreed to in a MLA. Industry experts have informed the City that tighter spacing will likely be required for the deployment of a 4G network. Additionally, as 5G standards are developed, facilities will need to be spaced even more closely than current 4G technology. The FCC has yet to create standards for 5G service, so it is unclear when or if spacing will ultimately become an issue. Operational standards:  Wireless equipment must meet all existing federal requirements, including modification to meet changes in those regulations, including radio frequency standards.  Facilities must avoid signal interference with other licensed communications equipment, such as television, telephone, or radio services.  Time frames are set for the removal or relocation of equipment in the event of a project that widens a road or otherwise needs the right-of-way. This time is set at 120 days, though the City may agree to a longer period of time for notice in a MLA. Design standards:  Antennae must not be more than five feet above a host structure, such as a street light, or more than 18 inches in diameter.  Camouflage techniques are required for all installations. These techniques could include undergrounding, building components inside of a pole, grouping of equipment, and matching equipment to the pole or surrounding environment. In addition to these regulations, staff continues to work on the development of MLAs with various carriers and infrastructure companies. Companies wishing to attach equipment to the City’s infrastructure must agree to a MLA, which will be brought to Council for approval. It is staff’s intent that the MLAs mirror these Code regulations in many ways, while enabling the carriers and City to agree on designs, preference of locations (such as a light- pole before a traffic pole), and additional operational considerations within an agreement that could allow for efficient deployment of a small-cell network. Separate Land Use Code amendments are intended to mirror and ensure consistency between the Land Use Code and City Code by clarifying that the review of small cellular and other communications equipment principally in the City’s right-of-way is addressed under the City Code regulations. Cellular equipment and facilities not principally in the City’s rights-of-way will continue to fall under the purview of the Land Use Code. If Council approves these Code changes, once they are in effect, the moratorium that was previously approved will terminate as of the date the proposed Ordinance becomes effective. CITY FINANCIAL IMPACTS This Ordinance is not expected to have an appreciable impact on the City’s budget. BOARD / COMMISSION RECOMMENDATION Staff presented to the Energy Board regarding the proposed City Code changes and to the Planning and Zoning Board regarding the proposed Land Use Code changes. Both boards recommended approval of the respective changes and no major issues were highlighted. 2.1 Packet Pg. 24 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6208 : SR 143-144 Small Cell) Agenda Item 16 Item # 16 Page 3 PUBLIC OUTREACH Staff held an open house in mid-September to discuss the issue of cell coverage and small-cell facilities with residents. Fewer than ten residents were in attendance, and most had concerns about coverage in their respective areas of residence within the City. In general, residents seemed excited for the prospect to improve cellular service in the Fort Collins area through the use of small cell equipment. Staff has also reached out to a variety of industry stakeholders, including carriers and infrastructure companies. Staff has met with two carriers and received written feedback from a third. Initial concerns were related to proposed undergrounding requirements, potential conflicts with the intent of the state law, and ability to effectively deploy a small cell network under the initial proposal. Staff has made many changes to the proposed code language based on industry feedback in the areas of location, operational, and design standards and believes the current proposal is feasible from an industry stand point and compatible with City values and design expectations. One carrier has indicated they now believe the proposed code language is workable and that further challenges could be addressed within a MLA. ATTACHMENTS 1. Planning and Zoning Board minutes, October 19, 2017 (draft) (PDF) 2. Energy Board minutes, October 12, 2017 (draft) (PDF) 2.1 Packet Pg. 25 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6208 : SR 143-144 Small Cell) -1- ORDINANCE NO. 143, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH COMMUNICATION FACILITY ENCROACHMENT PERMITS WHEREAS, the City Council is empowered and directed by Article II, Section 5(b) and Section 14, of the City Charter to provide for all essential administrative functions and public services related to street maintenance and provide for all licenses and permits for regulatory purposes; and WHEREAS, during the 2017 legislative session, the Colorado General Assembly passed and the Governor signed into law HB17-1193, codified at Title 29, Article 7 and Title 38, Article 5.5 of the Colorado Revised Statutes, which expands access to public rights-of-way and City- owned infrastructure in public rights-of-way for placement of small cell facilities, making such facilities a use by right in all zone districts; and WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City- owned infrastructure for small cell facilities, HB17-1193 also preserves the local government's right to exercise police powers to regulate the placement of such facilities, subject to certain limitations; and WHEREAS, HB17-1193 became effective on July 1, 2017; and WHEREAS, the City Code currently allows right-of-way obstruction permits for limited purposes and activities, and the City Council has determined a new class of encroachment permit is needed for communication facilities under HB 17-1193 and to facilitate availability of wireless communication services throughout all areas of the City; and WHEREAS, the City Council has also determined the City Code should be amended to clarify when standards for review of communication facility encroachments will incorporate administrative standards adopted for land use, building, forestry, and public land management in other areas of the City; and WHEREAS, on September 5, 2017, the City Council adopted Ordinance No. 105, 2017, enacting a temporary moratorium on accepting new applications and issuing permits for communication facilities in public highways in order to allow staff to develop and present for City Council consideration design standards and regulations for installation of communication facilities by third parties in public highways in the City; and WHEREAS, based on direction provided by the City Council on September 5, 2017, staff developed new regulations to comply with HB 17-1193 and Title 47 of the United States Code to facilitate orderly review and approval of permits for communication facilities located in “public highways”, as defined in HB 17-1193; and WHEREAS, staff incorporated feedback from operators of small cell wireless communication facilities in developing the regulations described by this Ordinance; and Packet Pg. 26 -2- WHEREAS, the City Manager and staff have recommended to the City Council the following additions and revisions to Chapter 23 of the City Code to create a right-of-way encroachment permit application and review process for locating wireless communication facilities in public highways in the City; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 23 of the City Code to establish communication facility encroachment permits for public highways. 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 23-19 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-19. Bond and insurance. (a) Every applicant for an excavation permit shall comply with the bonding and insurance requirements set forth in §§ 15-363 and 15-364. (b) A contractor’s license and endorsements package including bonding, liability insurance and endorsements must be completed and on file with the Engineering department when working in the right-of-way and/or connecting to a City utility. Section 3. That Chapter 23, Article VII of the Code of the City of Fort Collins, currently reserved, is hereby added as follows: ARTICLE VII COMMUNICATION FACILITY ENCROACHMENT PERMITS Sec. 23-171. - Purpose and intent. In order to accommodate the communication needs of residents and businesses, while protecting the community’s natural beauty, visual quality, and public health, safety and general welfare, the City Council finds these regulations are necessary to: (1) Establish a local policy concerning installation of communication facilities in public highways, minimizing the visual impact of such installations on the community, particularly in and near residences; (2) Promote competition in the provision of wireless communications services; (3) Facilitate the provision of wireless communications services to the residents and businesses of the city; Packet Pg. 27 -3- (4) Minimize adverse visual effects of antennas, overhead attachments in public highways, and communication facilities through careful design and siting standards, including but not limited to camouflage design techniques, screening, and undergrounding of associated equipment whenever possible; (5) Encourage collocation of antennas and maximizing the use of existing structures in public highways to accommodate communications facilities, reduce the number of support structures needed to serve the community and minimize impacts in or near residences; (6) Encourage deployment of smaller, less intrusive communications facilities, including Distributed Antenna Systems (DAS) and small cell networks with components that are a fraction of the size of macro communication facilities, and which are installed with little or no impact on utility support structures; and (7) Ensure vertical structures in or near residential zones are approved with consideration for preserving neighborhood harmony, scenic view sheds and corridors, and the quality of living in residential areas near communication facilities; (8) Effectively manage communication facilities in public highways and dedicated utility easements of the City; (9) Establish clear guidelines and standards and an orderly process for expedited permit application review to facilitate deployment of small cell networks and personal wireless services to the City, its residents, businesses, and community at large; and (10) Provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (1) prohibit or effectively prohibit the provision of personal wireless services, (2) unreasonably discriminate among functionally equivalent service providers, or (3) regulate wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission. Sec. 23-172. - Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings below: AASHTO shall mean the American Association of State Highway and Transportation Officials. ANSI/SCTE 77 shall mean the standards for underground enclosures published by the American National Standards Institute and Society of Cable Telecommunications Engineers. Antenna(s) shall have the meaning set forth in § 29-27-402, Colorado Revised Statutes. Applicant or permittee shall mean a natural person or persons, partnership, company, corporation, or other legal entity who files an application for and/or receives a CF permit under this Article. Packet Pg. 28 -4- Base Station shall mean a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network, except that a base station does not include or encompass a Tower or any equipment associated with a tower, as defined herein. Base station does include: (1) Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City under this Article, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration that, at the time the relevant application is filed with the City under this Article, has been reviewed and approved under the applicable state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. Base station does not include any structure that, at the time the relevant application is filed with the City under this Article, does not support or house equipment described in sub-paragraphs (1) and (2) above. Broadband facility shall mean any infrastructure used to deliver broadband service or for the provision of broadband service. Such definition shall not include any component of an information service system defined as a “cable system” under 47 U.S.C. §§ 153 or 522. Broadband service shall mean any technology identified by the FCC as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video. Such definition shall exclude any information service defined as a “cable service” under 47 U.S.C. §§ 153 or 522. Broadband provider shall mean a person that provides broadband service for a fee directly to the public or to such classes of users as to be effectively available directly to the public. Such definition shall not include any provider of a service defined as a “cable service” under 47 U.S.C. §§ 153 or 522. Camouflage, Concealment or Camouflage Design Techniques shall mean the use of any measures in the design and siting of base stations or small cell facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or (iv) is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the base station or small cell facility is not readily apparent. For base Packet Pg. 29 -5- stations and other associated equipment, below grade vault placement will constitute camouflage or concealment. Collocation shall mean the mounting or installation of transmission equipment on an eligible support structure for transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure is not required. Communications Facility, wireless service facility or CF shall mean a facility, including a small cell facility, used to provide personal wireless services as defined at 47 U.S.C. § 332 (c)(7)(C), or wireless information services provided by a common carrier to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies, or wireless utility monitoring and control services. A CF may include an antenna or antennas (but does not include coaxial or fiber optic cable that is not immediately adjacent to, or directly associated with, an antenna), base stations, and towers. A CF does not include the support structure to which the CF or its components are attached if the use of such structures is not primary for a CF. Communications facility permit, CF permit or permit shall mean an encroachment permit issued pursuant to this Article, authorizing placement of a CF in a public highway in the city or on City- owned structure. Distributed antenna system, or DAS, shall mean a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. Eligible facilities request shall mean a request for modification of an existing tower that does not substantially change the physical dimensions of such tower involving: (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment. Eligible support structure shall mean any tower as defined at 47 U.S.C. § 153, provided it exists at the time the relevant application is filed with the City under this Article. Engineer shall mean the City Engineer, who shall have those duties and powers as set forth in § 24-39 of this Code. Existing tower shall mean a constructed tower that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built. For example, a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition. FAA shall mean the United States Federal Aviation Administration. FCC shall mean the United States Federal Communications Commission. Landowner shall mean a natural person or persons, partnership, company, corporation or other legal entity recorded, in the records of the Larimer County Clerk & Recorder, as the holder of title to the real property and or personal property on which the communications facility is located Packet Pg. 30 -6- or proposed to be located. Landowner does not include the owner of a CF for which an application for a CF permit has been filed under this Article. Master license agreement or MLA shall mean a written agreement between the City and an applicant in which is set forth specific negotiated terms and conditions applicable to applicant’s use of specific instances of City-owned infrastructure. Micro wireless facility shall have the meaning set forth in § 29-27-402, Colorado Revised Statutes. Public highway shall have the meaning set forth in § 38-5.5-102, Colorado Revised Statutes. Right(s)-of-way shall mean any portion of a public highway dedicated to the City. Rights-of-way shall not include specific-purpose utility easements, when the specific purpose of the utility easement dedication does not include communication facilities or public access. Screen shall mean an opaque structure, typically located on top of, but integrated with the design of, a building that conceals mechanical, communications or other equipment from view from the surrounding rights-of-ways and properties. Signal interference letter certification shall mean a written statement certifying a technical evaluation of existing and any proposed CFs which identifies the potential signal interference problems with operation of a proposed CF and authorizes the City to monitor interference levels with public safety communications during operation of a CF confirms compliance with all FCC radio frequency (RF) and signal interference requirements. Site shall mean that area comprising the base of a City-owned structure on which is mounted wireless communication equipment subject to this Article and to other related transmission equipment already deployed on the ground surrounding such vertical structure; regarding private property structures, the site shall include the current boundaries of the leased or owned property and any access or utility easements currently related thereto. Small cell facility or small cell communications facility shall mean any of the following: (1) A compact wireless CF where each antenna, including exposed elements, is located inside an area of no more than three (3) cubic feet in volume, irrespective of whether enclosed; and primary equipment enclosures are not larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. All associated equipment, even if located outside the primary equipment enclosure, shall be included within the definition of small cell facility; or (2) A micro wireless facility. Small cell network shall mean a collection of interrelated small cell facilities designed to deliver wireless service. Packet Pg. 31 -7- Telecommunications provider shall mean a person that provides telecommunications service(s), except for cable services and aggregators of telecommunications services as those terms are defined by federal law. Telecommunications provider does not mean a person or business using antennas, support towers, equipment, and/or buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television, as those services are defined by federal law. Telecommunications service(s) shall mean the offering of telecommunications and/or broadband service for a fee directly to the public or to such classes of users as to be effectively available directly to the public, except for cable services as that term is defined by federal law. Tower shall mean any structure built for the primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including private, broadcast, and public safety services, unlicensed wireless services, fixed wireless services such as microwave backhaul, and the associated site. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and other similar structures, though not including utility or light poles that are less than thirty-five (35) feet in height. Transmission Equipment shall mean equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Unreasonable interference shall mean any use of a public highway that disrupts or interferes with its use by the City, the public, or other person authorized to use or be present upon the highway, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of a public highway that alters or disrupts vehicular, bicycle, or pedestrian traffic or visibility, any interference with public utilities, and any other activity that presents a hazard to public health, safety, or welfare. Sec. 23-173. - Applicability. (a) The provisions of this Article shall apply to any CF located principally within a public highway in the city and it shall be unlawful for a CF to be placed in any public highway except in compliance with this Article. (b) The following facilities are not subject to the requirements of this Article, though such facilities may be subject to separate regulation under the Fort Collins Land Use Code: (1) Antennas or towers used by FCC-licensed amateur (ham) radio operators. Such facilities shall be permitted subject to the Land Use Code. Packet Pg. 32 -8- (2) Television or radio antennas. Those antennas, including over the air reception devices, located on single family dwellings or duplexes, not exceeding one (1) meter in diameter and less than five (5) feet above the highest point of the existing principal structure, or for ground mounted antennas, the requirement that the height be no more than the distance from its base to the property line or the maximum height specified for accessory structures for that zone district, whichever is less. The City Manager or his or her designee has the authority to approve modifications to the height restriction related to over the air reception device antennas and antenna structures, if in the reasonable discretion of the City, modifications are necessary to comply with federal law. (3) Government-owned facilities. City-owned communications facilities located on City-owned property and/or public rights-of-way, and any government-owned CF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the City. Sec. 23-174. Location standards. (a) Preferred locations. To the maximum extent feasible, in all zoning districts, the preference of this Article shall be that CFs be located on main corridors and arterials, and not on residential streets, unless necessary for network operations. CFs shall maintain least six hundred (600) feet of separation from another CF, or as otherwise set forth in a master license agreement, except when collocated. (b) CF equipment. To the extent any transmission equipment is approved to be located above ground, it shall be placed as close as reasonably feasible to the vertical support structure to reduce the overall visual profile, and shall comply with all design standards set forth in § 23-176. (c) Separation. No freestanding CF shall be placed within six hundred (600) feet of another freestanding CF in a public highway, unless otherwise set forth in a master license agreement. This separation requirement does not apply to attachments made to existing CFs. The Engineer may modify this requirement if the applicant demonstrates the need for the CF and cannot otherwise reasonably satisfy this requirement, or as may otherwise be as set forth in a master license agreement. (d) Residential areas. When placed in a single family residential areas, the CF shall be sited in a manner that evaluates the proximity of the facility to single family residential structures. When placed near single family residential property, the CF shall be placed adjacent to the common side yard property line between adjoining residential properties, so the CF minimized visual impacts equitably among adjacent properties. In the case of a corner lot, the CF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering or design perspective, the applicant may submit a written statement to the Engineer requesting the CF be exempt from these requirements. (e) Above-ground equipment. Transmission equipment shall be located out of view to the maximum extent feasible. The Engineer may where appropriate and reasonably feasible based upon technical, construction and engineering requirements, require a flush-to-grade underground equipment vault. Packet Pg. 33 -9- Sec. 23-175. - Operational standards. (a) Federal requirements. All CFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate CFs. If such standards and regulations are changed, the CF owners shall bring such facility into compliance with such revised standards and regulations within the time mandated by the controlling federal agency. (b) Radio frequency standards. All CFs shall comply with federal standards for radio frequency emissions. An MLA may establish methods to demonstrate compliance with radio frequency emissions standards and require reimbursement by the applicant of reasonable costs incurred by the City to verify such compliance. (c) Signal interference. All small cell facilities shall be designed and sited so as not to cause interference with the normal operation of licensed radio, television, telephone and other communication services on adjacent properties; nor shall any such facilities interfere with any public safety communications. (1) As further set forth in § 23-177 (d)(1), at the time of submitting a permit application the applicant shall certify under penalty of perjury compliance with all FCC RF and signal interference requirements. include a current signal interference letter. (2) Additionally, the applicant shall notify the City at least ten (10) calendar days prior to the introduction of new service or changes in existing service, and shall allow the City to monitor interference levels with public safety communications during the testing process. (d) Legal access. The applicant shall warrant and represent for all CF permit applications that the applicant has a letter of authorization from the landowner of any private property or a master license agreement for any public highway affected by the application providing legal access to/from the CF and the utilities necessary to operate and maintain the facility. (e) Operation and maintenance. (1) To ensure structural integrity of CFs, the CF owner shall ensure the CF and all associated support infrastructure is maintained in compliance with local building and safety codes, and applicable state and federal government agency wireless communication facility standards. If upon inspection, the City reasonably concludes a CF fails to comply with such codes and constitutes a danger to persons or property, upon written notice provided to the CF owner, the owner shall have thirty (30) days from the date on the notice to bring the CF into compliance. Upon good cause shown by the CF owner, the Engineer may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the CF owner fails to bring the CF into compliance within said period, the City may remove such facility at the permitee’s expense. (2) The site and the CF including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance Packet Pg. 34 -10- with all approved plans. Graffiti and damage must be timely removed or repaired by the CF owner after notification by the City. (3) If any FCC, state or other governmental license or approval to provide personal wireless services is revoked as to any CF permitted or authorized under this Article, the permittee must inform the City of the revocation within thirty (30) days of receiving notice of such revocation. (4) No trees may be removed or pruned in maintaining or operating a CF, except upon satisfying the necessity standards in § 23-176 (c)(5)d. and all requirements in Chapter 27 of this Code. (5) To ensure proper identification of underground elements of CFs, upon request by the City, the applicant shall provide as-built drawings and a statement of compliance with all permit location conditions for CFs permitted under this Article. The failure of an applicant to submit completed as-built drawings shall be interpreted as a waiver of all claims for damages or injuries arising from inaccurate locates by the City or third parties as to the location of applicant’s underground CF elements. (6) The CF will remain free from graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in all instances upon the earlier of ten (10) calendar days from the date of notification by the City and/or discovery by the applicant or CF operator. (7) In the event of conflict between the requirements of this subsection (e) and a master license agreement, the master license agreement shall have priority. (f) Abandonment and removal. If a small cell facility has not been in use for a period of three (3) months, the permitee shall notify the City of the non-use and indicate whether re-use is expected within the ensuing three (3) months. Any CF that is not operated for a continuous period of six (6) months shall be considered abandoned without regard to whether the permittee has provided notice, and any CF permit issued in connection therewith shall be deemed to have expired. (1) The City, in its sole discretion, may require an abandoned CF to be removed. The permitee shall remove the same within thirty (30) days of the date on a written notice from the City. Upon removal, the land shall be restored and re-landscaped, at the permitee’s expense, to the level of finish of the adjacent landscaped area. (2) If such CF is not removed within said period, the City may remove it at the permitee’s expense and any approved permits for the CF shall thereupon expire. Reimbursement for all such removal costs shall be paid by applicant to the City prior to permitee’s receipt of any additional permit under this Article. (3) In addition, a CF shall be removed within one hundred twenty (120) days after notification by the City that the public highway is needed for expansion, construction, or reconstruction, or other use by the City for any city project. Such removal shall be at the sole expense of the applicant and if the applicant fails to remove the CF within the said Packet Pg. 35 -11- one hundred twenty (120) days, or such longer period as may be established in a master license agreement, the City may remove the CF and charge the costs to the applicant. Reimbursement for all such removal costs shall be paid by the permitee to the City prior to issuance of any additional permit under this Article. (g) Rules and regulations. The Engineer may promulgate rules and regulations consistent with the provisions of this Article for the administration of CF installations and extensions, including minor additions, revisions and corrections thereto as may, in the judgment of the Engineer, be necessary to better conform to good engineering and/or construction standards and practice. The Engineer shall approve only those proposed technical revisions that: (1) are consistent with all existing policies relevant to the revisions, (2) do not result in any significant additional cost to persons affected by the revision, and (3) do not materially alter the standard or level of service to be accomplished through the specified infrastructure. Upon adoption of any technical revisions pursuant to this subsection (g), the Engineer shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and shall make the same available for public inspection. Sec. 23-176. - Design standards. (a) Standards. The requirements set forth in this Section shall apply to the location and design of all CFs governed by this Article as specified below. To that end and to the maximum extent reasonably feasible, CFs shall be designed and located to minimize their impacts, consistent with this Article. (b) Site Design Flexibility. To the maximum extent feasible, individual CFs shall be installed to best camouflage, disguise, or conceal the facility to make it more closely compatible with and blend into the setting and/or host structure. The Engineer may nevertheless grant a modification of the standards in this Section, provided he or she finds the modification would not be detrimental to the public good, and that: (1) the plan in the application as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Article, substantially alleviate an existing, defined and described problem of city-wide concern or result in a substantial benefit to the City by reason of the fact that the proposed CF would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the CF practically infeasible; or Packet Pg. 36 -12- (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to the site, including, but not limited to, physical conditions, including shallowness or topography, or physical conditions which hinder the applicant’s ability to overcome existing physical signal obstructions, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the applicant, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan in the application as submitted will not diverge from the standards of this Article that are authorized by this Section to be modified except in a nominal, inconsequential way when considered from the perspective of the affected public highway, and will continue to advance the purposes of this Article. (c) Conditions. (1) Camouflage/concealment. All CFs shall use camouflage design techniques, including, but not limited to undergrounding, installing equipment internal to the pole, use of materials, colors, textures, screening, landscaping, or other design options that blend the CF into the surrounding natural setting and built environment. a. Vault standards. No vault shall be larger than seventeen (17) cubic feet in volume. The interior dimensions of any vault approved for installation under this Article shall include sufficient space to accommodate installation of an electric meter, subject to approval by Fort Collins Utilities. All vaults shall at a minimum meet ANSI/SCTE 77, Tier 15 standards for non-deliberate traffic applications. b. Pole standards. A small cell facility may be deployed in the public highway using vertical components of a street light pole or similar structure. Such facilities shall be subject to the following: 1. All utility poles approved under this Article to host CFs shall be electrically and structurally sound, meeting all applicable structural requirements and permanent installation criteria of Chapter 5 of this Code and otherwise satisfy AASHTO and National Electric Code standards adopted under § 5-80 of this Code and applicable to City utility structures installed in public highways. 2. The pole or structure shall be no more than ten (10) feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within six hundred (600) feet of the pole or structure. 3. In no case shall any CF be higher than forty (40) feet, unless the applicable support structure is already existing at a greater height prior to attachment of the CF. Packet Pg. 37 -13- 4. The applicant shall provide appropriately authorized written permission from the landowner at the time the application is submitted, pursuant to § 23-175(d). c. Antenna. No antenna shall extend more than five (5) feet above the principal host structure, relative to original height of such structure. Nor shall any antenna significantly exceed the diameter of any host structure to which the antenna is attached or exceed a total of eighteen (18) inches in diameter, including housing and shroud elements. d. Where the Engineer determines particular sensitivity (e.g., proximity to historic or aesthetically significant structures, views, and/or community features) warrants special consideration and in areas of high visibility, CFs shall to the extent reasonably feasible be designed to minimize their profile. e. All visible CF components, such as antennas, vaults, and equipment enclosures, shall be constructed of non-reflective materials, be painted to match the surrounding environment, and blend in with adjacent structures and vegetation. f. Any CF sited on a traffic signal standard shall be designed so the antenna is placed in a manner so the size, appearance, and function of the traffic signal is not altered. (2) Hazardous materials. No hazardous materials shall be permitted in association with CFs, except those necessary for the operations of the CF and only in accordance with all applicable laws governing such materials. (3) Siting. a. All elements of CF permitted under this Article shall be located principally within the boundaries of a public highway. b. The number of poles within the public highway shall be limited as much as possible and shall adhere to structural requirements set forth in an MLA. c. Applicants may be required to design and construct CFs to accommodate equipment for at least two (2) service providers on the same structure, unless the Engineer approves an alternative design, to the extent reasonably feasible based upon construction, engineering and design standards. No permitee or CF operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Engineer, the permitee shall provide evidence explaining why collocation is not possible at a particular facility or site. No applicant shall unfairly exclude a competitor from using a site when collocation is reasonably feasible based upon applicable construction, engineering, and design standards. Packet Pg. 38 -14- d. CFs shall be sited in a location that does not alter or reduce parking or otherwise inhibit another principal uses of the public highway. e. Without regard to whether any portion of a CF is approved to be installed above ground, all elements of a CF shall be grouped as closely as reasonably feasible, contained within a total footprint area no greater than thirty-five (35) square feet, and otherwise located in a manner necessary to address public safety and aesthetic concerns in the reasonable discretion of the Engineer. f. A CF shall not be located or maintained in a manner that causes unreasonable interference with a public highway. (4) Lighting. A CF shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the CF is mounted on a structure primarily used for lighting purposes. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible to minimize glare and light falling onto nearby properties. (5) Landscape and fencing requirements. a. CFs shall be sited in a manner that does not reduce landscaped areas of the public highway. b. Applicants shall restore all landscaping impacted during CF installation to City street vegetation standards. Supplemental landscaping will be a condition of approval for any CF requiring visible ground-mounted equipment not internal to the support structure or in a below-grade vault. c. Existing tree growth and natural landforms on the site shall be preserved and negative impacts to tree canopies and root systems avoided to the maximum extent feasible. d. No tree may be removed in siting a CF, unless authorized by the City Forester. To obtain authorization the applicant shall show wireless services are not technically feasible without tree removal; the applicant's plan minimizes the total number of trees to be removed, avoids removal of any tree larger than four (4) inches at four and one-half (4 ½) feet high, and replaces any tree to be removed at a ratio of 2:1; and all new trees meet the replacement size standards in § 3.2.1. (d)(4) of the Land Use Code. (6) Noise. Noise generated on the site must not exceed levels permitted in Chapter 20. (7) Anticipated redevelopment. If the built environment is anticipated to change significantly during the usable life of a CF, such as within an urban renewal district, the CF shall be compatible with the anticipated future built environment. Packet Pg. 39 -15- (8) Additional design requirements. Other requirements applicable to various types of CFs are specified below: a. Non-city utility structure attachments. If a CF is installed on a City structure other than utility, light, or traffic infrastructure, the CF shall be of a neutral, non-reflective color identical to, or closely compatible with, the color of the supporting structure, or use other camouflage/concealment design techniques to make the CF as visually unobtrusive as possible, e.g., painting antennas and equipment, and meet the following: 1. All pole-mounted components of the CF shall be located on or within an existing utility pole serving another utility; 2. To the extent reasonably feasible, the CF shall be consistent with the size and shape of pole-mounted equipment installed by telecommunication providers on utility poles near the CF; and 3. The CF shall be sized to minimize the negative aesthetic impacts to the public highway, and designed and constructed to resemble structures typically found in the area. b. Related Accessory Equipment. Transmission equipment, other than antennae, sited in a pubic highway must comply with § 23-174. Sec. 23-177. - Application, review procedures and requirements. (a) Small cell facilities. Small cell facilities shall be a permitted use by right in all zoning districts, and permits shall be issued pursuant to this Article. (b) Submittal Required. No new CF shall be constructed and no collocation or modification to any CF may occur except after a written request from an applicant, reviewed and approved by the Engineer and issuance of an encroachment permit in accordance with this Article. (c) Consolidated applications and collocation. (1) A single permit may be issued for siting and collocating multiple small cell facilities spaced to provide wireless coverage in a contiguous area, provided all associated equipment is underground, or attached to or inside an existing structure that provides required clearances for the CFs’ operation without the necessity of constructing any apparatus to extend an antenna more than five (5) feet above the existing structure. (2) Additional site-specific reviews are required when the applicant proposes a new vertical support structure or above-ground accessory equipment, pursuant to subsection (d)(2) and (3). (3) If any support structure must be constructed to achieve needed elevation or if an attachment adds more than ten (10) feet or ten percent (10%) to the height of an existing structure, the proposal is subject to additional review, as described in § 23-176 (c)(1)b. Packet Pg. 40 -16- The height limitation applies to cumulative increases and includes in the measurement any height additions previously approved under this Section. (d) Submittal requirements and review procedures for collocation and small cell facilities. CF permit applications shall be reviewed pursuant to the following procedures: (1) Elements. A complete application for a permit under this Article must include the following: a. Application form, as provided by the Engineer; b. Executed master license agreement or letter of authorization, c. Statement made under penalty of perjury by the applicant or the CF owner, representing that all CFs that are the subject of the application shall comply with federal standards for radio frequency emissions. d. Signal interference letter certification signed under penalty of perjury by the applicant or CF owner, representing that all CFs covered by the application shall be designed, sited and operated in accordance with applicable federal regulations addressing radio frequency interference signal interference requirements, and as otherwise described in § 23-175 (c); e. Submittal fees; f. Scaled site plan, photo simulation, scaled elevation view and supporting drawings, calculations, showing the location and dimension of all improvements, including information concerning topography, tower height, setbacks, drives, parking, street trees, adjacent uses, drainage; g. Narrative for each new installation proposed in a residential zone district or within one hundred fifty (150) feet of an existing residential lot; and h. Proof of bonding and insurance satisfying the requirements of § 23-19 for any CF installation that entails excavation of a public highway. i. Other information reasonably deemed by the Engineer to be necessary to assess compliance with this Article. Documents requiring signatures and seals by appropriate qualified professionals shall be provided by applicant prior to issuance of a permit under this Article. (2) Structural Assessment. Prior to issuance of a CF permit for any CF proposing a new pole or attachment to a non-city-owned structure, the applicant shall submit a stamped and signed structural assessment for each new proposed CF host support structure conducted by a professional engineer, licensed in the State of Colorado. a. When the structural assessment indicates a need for a stronger structure to address issues such as wind load factor, applicant shall provide a replacement Packet Pg. 41 -17- structure at applicant’s cost satisfactory to the Engineer in consultation with Fort Collins Utilities, as applicable. b. All costs for conducting an assessment under this subsection (3) shall be borne by the applicant, and shall be paid by the applicant prior to issuance of a permit under this Article. (3) New structures. All applications for new vertical structures associated with a CF in a public highway shall demonstrate that other alternative siting options, including collocations, are not reasonably feasible. Notwithstanding anything in this Article to the contrary, all structures located in a public highway shall satisfy the location and design criteria set forth in §§ 23-174 and 23-176. (4) Decision. Except for eligible facilities requests, within ninety (90) days of the date on which the Engineer deems an application is complete, the Engineer shall render a decision to issue or deny a CF permit. Any decision to approve, approve with conditions, or deny an application for a CF permit, shall be in writing and supported by substantial evidence in a written record. The Engineer shall cause a copy of the decision to be provided to the applicant. The foregoing shall apply only to applications for CF permits under this Article and shall not apply to any building, excavation, or any other permit issued pursuant to or required by other Articles of this Code. (e) Submittal requirements and review procedures for eligible facilities requests. (1) Application. The City shall prepare, and from time to time revise and make publicly available, an application form which shall be limited to the information necessary for the Engineer to consider whether an application is an eligible facilities request. Such information may include, without limitation, whether the project: a. Results in a substantial change; or b. Violates a generally applicable law, regulations, or other rule codifying objective standards reasonably related to public health and safety. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation. (2) Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this Section, the Engineer shall review such application to determine whether the application so qualifies. (3) Timeframe for review. Subject to the tolling provisions of subsection (4) c. below, within sixty (60) days of the date on which an applicant submits a complete application under this Section, the Engineer shall act on the application unless he or she determines the application is not covered by this subsection. Packet Pg. 42 -18- (4) Tolling of the timeframe for review. The 60-day review period begins to run when the application is filed, and may be tolled only by agreement of the Engineer and applicant, or in cases where the Engineer determines the application is incomplete: a. To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application; b. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the City’s notice of incompleteness; and c. Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection (4) a. In the case of a second or subsequent notice of incompleteness, the City is not required to specify missing information or documents that were not delineated in the original notice of incompleteness. (5) Failure to act. In the event the Engineer fails to act on a request seeking approval for an eligible facilities request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. In such event, the grant becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (6) Interaction with Telecommunications Act 47 U.S.C. § 332(c)(7). If the Engineer determines the applicant’s request is not an eligible facilities request as defined in this Article, the presumptively reasonable timeframe under 47 U.S.C. § 332(c)(7), as prescribed FCC Order 14-153, part VI (“Shot Clock” order), will begin to run from the issuance of the Engineer’s decision that the application is not a covered request. To the extent such information is necessary, the Engineer may request additional information from the applicant to evaluate the application under 47 U.S.C. § 332(c)(7) reviews. (f) Abandonment and removal. Unless otherwise provided in a master license agreement, prior to approval, the applicant shall submit affidavits acknowledging responsibility for removal of a CF that is abandoned or is unused for a period of six (6) months, pursuant to § 23-175 (f). Sec. 23-178. - Standards for approval. (a) Administrative approval. An applicant for a CF permit shall be subject to administrative review and determination as to whether it may be approved under the applicable standards set forth in §§ 23-174 through 177. Packet Pg. 43 -19- (b) Notwithstanding the approval of an application for collocation or a new non-city-owned structure as described herein, all work performed on CFs must be completed in accordance with applicable building and safety requirements of the City. Section 4. That Sections 23-179 through 23-185 of Chapter 23, Article VII shall remain reserved. Section 5. That the temporary moratorium established under Ordinance No. 105, 2017 shall terminate upon the effective date of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 44 -1- ORDINANCE NO. 144, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLES 3 AND 5 OF THE LAND USE CODE REGARDING SMALL CELL FACILITIES 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, during the 2017 legislative session, the Colorado General Assembly passed and the Governor signed into law HB17-1193, which expands access to public rights-of-way and City-owned infrastructure in the rights-of-way for placement of small cell wireless communication facilities, and makes such facilities a use by right in all zone districts; and WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City- owned infrastructure in such rights-of-way for small cell wireless communication facilities, HB17-1193 also preserves the local government's right to exercise police powers to regulate the placement of such facilities, subject to certain limitations; and WHEREAS, HB17-1193 became effective on July 1, 2017; and WHEREAS, in addition to the Land Use Code amendments proposed herein, Council is concurrently considering City Code amendments regarding the review of small cell wireless communications facilities proposed to be placed in public rights-of-way; and WHEREAS, the proposed Land Use Code amendments specify that the review of small cell wireless communications facilities located principally in public rights-of-way are addressed through the proposed City Code regulations; and WHEREAS, the proposed Land Use Code amendments are in the best interest of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.8.13 of the Land Use Code is hereby amended to read as follows: Packet Pg. 45 -2- 3.8.13 - Wireless Telecommunication . . . (D) The regulations contained in this Section shall not apply to the installation, operation, maintenance, or upgrade of a small cell facility by a telecommunications provider principally located within a public highway as the terms small cell facility, telecommunications provider, and public highway are defined in Section 38-5.5-102, C.R.S. The regulation of such activities is addressed in Chapter 23 of the Code of the City of Fort Collins. Section 3. That the definition of “Development” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Development shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or, except as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels. . . . (2) Development shall not include: (g) the installation, operation, maintenance, or upgrade of a small cell or broadband facility by a telecommunications provider principally located within a public highway as the terms small cell facility, telecommunications provider, and public highway are defined in Section 38-5.5-102, C.R.S. The regulation of such activities is addressed in Chapter 23 of the Code of the City of Fort Collins. . . . Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 46 -3- Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 47 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Mark Sears, Natural Areas Manager John Stokes, Natural Resources Director Kurt Friesen, Director of Park Planning & Development Mike Calhoon, Parks Supervisor Chris Van Hall, Legal SUBJECT Items Relating to the Community Services 2018 Mid-Year Budget Cycle Appropriation Requests. EXECUTIVE SUMMARY A. Second Reading of Ordinance No.158, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Natural Areas Maintenance Facility Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 159, 2017, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund into the Capital Project Fund for Community Park Development and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. C. Second Reading of Ordinance No. 160, 2017, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund into the Capital Project Fund for the East District Maintenance Facility and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate the additional funding for Natural Areas and Parks and Park Planning & Development projects. These projects, which were reviewed by City Council at the October 24, 2017 Council Work Session, include a Natural Areas Maintenance Facility Expansion, Community Park Development and an East District Park Maintenance Facility. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 158, 2017 (PDF) 3. Ordinance No. 159, 2017 (PDF) 4. Ordinance No. 160, 2017 (PDF) 3 Packet Pg. 48 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Mark Sears, Natural Areas Manager John Stokes, Natural Resources Director Kurt Friesen, Director of Park Planning & Development Mike Calhoon, Parks Supervisor Chris Van Hall, Legal SUBJECT Items Relating to the Community Services 2018 Mid-Year Budget Cycle Appropriation Requests. EXECUTIVE SUMMARY A. First Reading of Ordinance No.158, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Natural Areas Maintenance Facility Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. First Reading of Ordinance No. 159, 2017, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund into the Capital Project Fund for Community Park Development and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. C. First Reading of Ordinance No. 160, 2017, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund into the Capital Project Fund for the East District Maintenance Facility and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to approve recommended appropriation requests for Natural Areas and Parks and Park Planning & Development projects. These projects, which were reviewed by City Council at the October 24, 2017 Council Work Session, include a Natural Areas Maintenance Facility Expansion, Community Park Development and an East District Park Maintenance Facility STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION A. Ordinance No. 158, 2017-Natural Areas Maintenance Facility Expansion A Natural Areas Department Campus Site Master Plan has been developed for the Natural Areas Department. The Plan identifies facilities that will ensure the ability of the City to manage its natural areas portfolio for several decades into the future. The proposed budget revision provides funding for key elements of the Plan and focuses on field-based operations. The request is for $1,420,000 (in addition to the original approved budget of $1,450,000) for a total budget of $2,870,000. The funds are available from the Natural Areas fund balance. 3.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- Agenda Item 14 Item # 14 Page 2 An additional $200,000 appropriation is needed in the 2017 Supplemental Appropriation to compensate for previous appropriations of $75,000 in 2016 for conceptual design and $125,000 in 2017 for final design in the Natural Areas Fund that lapsed. Those lapsing appropriations went back to Natural Areas Fund balance and are available to fund this capital project. This $200,000 appropriation is part of the already approved budget of $1,450,000; the remaining $1,250,000 is budgeted for construction in 2018. Therefore, the total appropriation being requested is $1,620,000. The revised budget includes:  A basic 5,000 square foot vehicle and equipment storage building to store the equivalent of 8 large weather sensitive vehicles  A shop remodel and 1,200 square foot shop addition to provide appropriately sized basic restrooms, showers, locker rooms, a break room, tool room, and wood shop  An expansion of the equipment yard to provide for existing needs and 30 years of growth  Rooftop solar panels to provide a net-positive energy for the shop expansion project  A diesel and gasoline fueling station to reduce carbon footprint and increase productivity  Roof fall protection as required on all new City buildings. The existing shop and equipment yard were built in 2002, when there was fewer than 10 natural areas field staff managing 5,000 acres. The facilities were intended to serve for 15 years. Today, with an active field season staff of over 40 that manages 36,000 acres, the Natural Areas has outgrown the shop and equipment yard. Based on current projections, the City will continue to add an estimated 500 acres of natural area every year for the foreseeable future. Larger and more sophisticated facilities are needed to meet current and growing stewardship needs for the next several decades and to improve productivity and reduce energy use. The construction plans are almost complete, Natural Areas funds are available and set aside, the contractor has been hired, and if Council approves the budget increase for this much-needed shop expansion the construction will start in January and be complete by end of September. Alternative Funding Options In addition to staff's recommended approach, two additional funding options are available. Both of these alternatives are feasible; however, they will result in additional costs as well as other inefficiencies. Option 1 Use existing budget to construct Phase I in 2018 and take Phase II through the BFO process for construction in 2019. 2018 - Construct shop remodel, 1,200 SF expansion and new fuel station. $1,450,000 2019 - Construct vehicle storage building and equipment yard expansion. $1,620,000 Total Construction Costs $3,070,000 Additional Cost $ 200,000 Option 2 Take total project through the 2019-2020 BFO process for approval and start the project in 2019. Total Cost Estimated for 2019 Construction $3,110,000 Additional Cost $ 240,000 Rationale for Mid-Year Appropriation The original design and construction budget of $1,450,000 was prepared for the 2017-18 BFO process in the 3.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- Agenda Item 14 Item # 14 Page 3 spring of 2016 using a conceptual design and without the help of a professional cost estimator. As design charrettes were held with key Natural Areas and Operations Services staff, long-term business needs were more thoroughly identified. In addition, objectives associated with the City’s Climate Action Plan goals, certain ADA requirements, and other City-related objectives and requirements were better characterized. A qualified estimator has now determined the costs at $2,870,000. Thus, an additional appropriation of $1,420,000 is requested. Response to Council’s Unanswered Work Session Questions The payback period for the solar panels to be installed on the vehicle storage building to make the maintenance facility expansion net positive for energy consumption is 10 to 15 years (this was incorrectly stated as 30 or more years during the work session). The $1,420,000 additional budget request will reduce the funds available for future land conservation by that amount (this is true of any Natural Areas capital project). However, Natural Areas anticipates spending approximately $70M on land conservation over the next 15 years and the maintenance facility is critical to the stewardship of conserved land. The cost to maintain and operate the new shop facilities will be modest and is estimated at less than $25,000 annually. This figure does not include capital replacement. Natural Areas maintains a financial model that projects revenues and expenses, including capital expenses, through 2030. Future capital needs including trails, parking lots, and other infrastructure commonly associated with City-owned natural areas appear to be adequately funded through 2025 although those expenses can fluctuate significantly based on property acquisition. With respect to office space, Natural Areas has plans to move a modular house, recently purchased as a part of a land conservation effort, to the Nix Farm campus at a very modest cost to provide office space for the next ten plus years. B. Ordinance No. 159, 2017-Community Park Development East Community Park is the next community park planned to be constructed in the city. The park will be located east of Drake and Ziegler, and north of the new Rigden Reservoir, a project recently completed by Fort Collins Utilities. Park Planning & Development purchased the 58-acre site a few years ago. Based on ongoing negotiations with a developer who plans to develop adjacent to the park site, there is potential for the city to acquire an additional 26 acres for the park. The developer has indicated he would like to donate this property to the City at some point. The entire property, including the park site, was formerly used for gravel mining. As such, the property is governed by a state issued mining permit, which requires the property to be restored to its original condition after mining operations have ceased. Immediate restoration efforts needed on the park site include:  Installation of an underdrain system to alleviate standing surface water  Restoration seeding The primary purpose of this appropriation is to fund and complete improvements underway needed for the park site, as required by the mining permit. The 2018 funding request is outlined as follows: Underdrain Extension Extend the underdrain installed in 2017 to fully alleviate the standing surface water on the site $110,000 Seeding and revegetation A requirement of the mining permit is that the site be restored to its original condition, prior to mining operations. Seeding & revegetation of the site is needed to comply with this requirement. $110,000 Total $220,000 The total appropriation request for Community Park Development is $220,000 3.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- Agenda Item 14 Item # 14 Page 4 Rationale for Mid-Year Appropriation During the 2017-18 Budgeting for Outcomes (BFO) process, $200,000 was appropriated for improvements to the East Community Park site. This money was spent towards the installation of an underdrain system at the park. However, after the drain was installed, it was determined that an extension to the underdrain is needed to fully mitigate the surface groundwater, adequately drain the park site, and prevent the establishment of wetlands. The additional appropriation is needed to complete this effort, and then revegetate the site as required by the mining permit. Without this mid-year cycle appropriation, the City may be found in violation of the mining permit. Response to Council’s Unanswered Work Session Questions 1. Analysis of projected fee revenues and planned expenditures A memo is attached that outlines projected fee revenues and planned expenditures for Community Parks through 2040. 2. Signage for proposed parks Staff will pursue adding signage to the East Community Park site, and other future park sites that have been purchased, indicating a park will be constructed in that location at some point in the future. C. Ordinance No. 160, 2017-East District Park Maintenance Facility 2018 funding is needed to provide for preliminary planning and design of a maintenance facility in the East Park District, located on the East Community Park site, near the intersection of Drake and Ziegler. Additional funding will be required in the future to fund construction of the facility. Maintenance for parks is provided through a satellite system of facilities strategically located across the city, providing an efficient and cost-effective delivery of park maintenance services. There are four maintenance facilities in existence today, all of which are at capacity. A new maintenance facility is proposed to serve the East Park District, which includes Radiant, English Ranch, Harmony, Stew Case, Eastside, Archery Range and Twin Silo Park. In addition, Rendezvous and Vermont Trails will be maintained from this facility. Cost savings are realized at Community Parks when the team is located in the district that they maintain. Without a satellite system, costs to maintain the parks increase significantly. The precinct maintenance facility approach is supported by the Council‐approved 2008 Parks and Recreation Policy Plan. The precinct model is based on research from police departments across the country and the efficiencies gained by locating precincts in the neighborhoods they serve. These facilities provide an opportunity for more efficient services in each district and substantial carbon reduction and fuel savings are realized through the strategic placement of these facilities. Previously, Council approved Ordinance No. 058, 2000, amending the City Code to increase the Capital Improvement and Expansion Fee, as well as the Neighborhood Parkland Fee. A part of the increase was specifically tied to the construction of maintenance facilities in support of efficient operations. A timeframe for completion of the maintenance facility has not been determined. There are several factors that may impact the timing of maintenance facility construction, including:  Completion and approval of the Federal Emergency Management Agency (FEMA) flood risk mapping of the Poudre River. This is estimated to be completed in 2018 or 2019.  Timing of potential land donation by adjacent developer  Other floodplain/stormwater issues that may impact the property In order to determine the ultimate cost and location of the facility on the park site, planning and design needs to occur now. The total cost of the maintenance facility is unknown, although preliminary estimates suggest it will 3.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- Agenda Item 14 Item # 14 Page 5 be $3-5 million. The facility will be modeled after existing maintenance facilities, including the maintenance facilities located at Spring Canyon and Fossil Creek parks. The facility will be approximately 4,000-6,000 square feet in size. Design costs for the project are estimates only, and are outlined in the chart below: Item Description Estimated Cost Floodplain Analysis Floodplain modeling & mapping required for locating the facility in or near FEMA regulated floodplains $100,000 Preliminary Site Master Planning Preliminary site master planning for the park needed to determine the proper location of the facility in accordance with other potential future planned park amenities. This effort will be led by Park Planning & Development staff, with some support anticipated from consultants, such as a surveyor $30,000 Facility Design Architectural, engineering and other consultant services required for the design of the facility. $300,000 Total $430,000 The total appropriation request for design of the East District Parks Maintenance Facility is $430,000. Once a location and design for the maintenance facility has been determined, an offer to fund construction of the facility will be submitted to Council. Rationale for Mid-Year Appropriation An offer funding the East District Maintenance Facility was prepared during the 2017-18 BFO process. However, staff withdrew the East District Maintenance Facility offer based on uncertainties surrounding ongoing discussions with the Poudre School District and other City departments regarding potential partnerships to complete the project. As 2018 Community Parkland revenues comprised the bulk of the withdrawn offer, the 2018 community parkland revenues were not appropriated. A mid-year budget cycle appropriation is needed to appropriate the 2018 community parkland anticipated revenues. Without this mid-year budget cycle appropriation, design of the maintenance facility will be furthered delayed. Response to Council’s Unanswered Work Session Questions 1. Financial Analysis of District Model for Park Maintenance Facilities The financial analysis of the current satellite shop philosophy has shown an annual savings of $200,000, after including the cost of operating the maintenance facility. The savings are mainly from reduced fuel usage and staffing reductions. Included in the calculation are the annual utilities and cleaning services costs at each maintenance facility. To find the return on investment for the Fossil Creek and Spring Canyon Community Park Shops’ cost an inflationary factor is applied to the original construction costs. The return on investment for the current satellite maintenance philosophy calculates out to 14 years. The initial estimates for the East Park Maintenance Facility are a 22-year return on investment, based on increased capital costs to meet new energy efficiency standards. 2. Matrix Chart Indicating Need for Satellite Shops A separate memo was included in Council packets recently that addresses this issue. 3.1 Packet Pg. 53 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- Agenda Item 14 Item # 14 Page 6 CITY FINANCIAL IMPACTS A. Natural Areas Maintenance Facility Expansion The additional $1,420,000 to fund the expanded scope of the project will come from the Natural Areas Fund Balance. The funds have been set aside and will have minimal impact on future land conservation, but will have significant benefit to the stewardship of the 37,000 acres of land already conserved and to land which will be conserved in the future. The additional $200,000 appropriation, was previously budgeted in 2016 and 2017 for this project is needed in the 2017 Supplemental Appropriation to compensate for previous appropriations in the Natural Areas Fund that lapsed. Those lapsing appropriations went back to Natural Areas Fund balance and are available to fund this capital project. Therefore, the total appropriation request is $1,620,000. B. Community Park Development The $220,000 will come from the Community Park portion of the Capital Expansion fund reserves. C. East District Park Maintenance Facility The $430,000 will come from the Community Park portion of the Capital Expansion fund reserves. BOARD / COMMISSION RECOMMENDATION A. Natural Areas Maintenance Facility Expansion At its September 13, 2017 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend that “City Council approve an Ordinance increasing the budget for the Natural Areas Shop Expansion by $1,420,000 in 2018. Funding will come from existing Natural Areas Funds.” B. Community Park Development At its October 24, 2017, meeting, the Parks and Recreation Board reviewed the budget revision request for Community Parks is in support of funding for this purpose. C. East District Park Maintenance Facility At its October 24, 2017, meeting, the Parks and Recreation Board reviewed the budget revision request for East District Park Maintenance Facility and is in support of funding for this purpose. PUBLIC OUTREACH  A. Natural Areas Maintenance Facility Expansion An Open House was held to allow the Community to be aware of the Natural Areas Maintenance Facility Expansion, it was well attended with minimal concerns expressed. B. Community Park Development The location and approximate size for East Community Park is identified in the Council adopted 2008 Parks & Recreation Policy Plan. This plan received considerable public input prior to adoption. Additional public outreach for the park will occur prior to park development, which may not occur for 10 years. 3.1 Packet Pg. 54 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- Agenda Item 14 Item # 14 Page 7 C. East District Park Maintenance Facility Public outreach regarding the maintenance facility is anticipated after design of the facility has been developed further, and a location for the facility determined. ATTACHMENTS 1. Projected Community Park Impact Fee Revenue and Expenditures (PDF) 2. East Community Park Location Map (PDF) 3. Natural Areas Maintenance Facility Location Map (PDF) 4. Land Conservation and Stewardship Board minutes, September 13, 2017 (PDF) 3.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6204 : SR 158-160 Community Services 2018 Mid- -1- ORDINANCE NO. 158, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE NATURAL AREAS FUND INTO THE CAPITAL PROJECT FUND FOR THE NATURAL AREAS MAINTENANCE FACILITY EXPANSION PROJECT, AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, A Natural Areas Department Campus Site Master Plan has been developed for the Natural Areas Department that identifies facilities that will ensure the ability of the City to manage its natural areas portfolio for several decades into the future; and WHEREAS, the existing shop and equipment yard were built in 2002, and since that time the Natural Area acreage has increased from 5,000 acres to 36,000 acres including an increase in field staff from 10 to 40 employees; and WHEREAS, the City will continue to add an estimated 500 acres of natural area every year for the foreseeable future; and WHEREAS, the Natural Areas department has identified a need to increase the size of the Maintenance Facility to include vehicle and equipment storage, employee facility remodeling, expansion of the equipment yard, solar panel installation, roof fall protection and a fueling station (the “Project”); and WHEREAS, the total cost of the Project is expected to be $2,870,000; and WHEREAS, $1,450,000 was appropriated for the Project in the Budgeting For Outcomes (“BFO”) Offer; however of those funds, $200,000 in appropriations lapsed and went to Natural Areas fund balance and will be reappropriated in this Ordinance; and WHEREAS, $1,620,000 will be appropriated for the Project in this Ordinance from prior year reserves from the Natural Areas Fund, of which $1,420,000 is the additional cost of the Project; and WHEREAS, the cost to maintain and operate the new shop facilities will be modest and is estimated at less than $25,000 annually; 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, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Natural Areas Fund; and 3.2 Packet Pg. 56 Attachment: Ordinance No. 158, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -2- WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. 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 reserves in the Natural Areas Fund for transfer to the Capital Projects Fund the sum of ONE MILLION SIX HUNDRED TWENTY THOUSAND DOLLARS ($1,620,000) for the Project and appropriated therein. Section 3. That the unexpended appropriated amount of TWELVE THOUSAND SIX HUNDRED THIRTY-SIX DOLLARS ($12,636) in the Capital Projects Fund - Natural Areas Maintenance Facility Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 4. That the unexpended appropriated amount of THREE THOUSAND SIXTY-FOUR DOLLARS ($3,564) in the Capital Projects Fund - Natural Areas Maintenance Facility Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 57 Attachment: Ordinance No. 158, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -3- Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 58 Attachment: Ordinance No. 158, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -1- ORDINANCE NO. 159, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL EXPANSION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE CAPITAL EXPANSION FUND INTO THE CAPITAL PROJECT FUND FOR COMMUNITY PARK DEVELOPMENT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the East Community Park (the “Park”) is the next community park planned to be constructed, located east of Drake and Ziegler, north of the new Rigden Reservoir; and WHEREAS, Park Planning & Development purchased the 58-acre site a few years ago and based on ongoing negotiations with a developer who plans to develop adjacent to the Park site, there is potential for the city to acquire an additional 26 acres for the park; and WHEREAS, the entire property, including the Park site, was formerly used for gravel mining and as such, the property is governed by a state issued mining permit, which requires the property to be restored to its original condition after mining operations have ceased; and WHEREAS, the restoration efforts needed on the Park site include installation of an underdrain system to alleviate standing surface water and restoration seeding (the “Project”); and WHEREAS, the total cost of the Project to-date, including this appropriation, is expected to be $420,000, therefore Art in Public Places funding is applicable; and WHEREAS, $200,000 is currently appropriated for the Project in the Budgeting For Outcomes Offer, and $220,000 will be appropriated for the restoration in this Ordinance from Prior Year Reserves from the Capital Expansion Fund; 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, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Capital Expansion Fund; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and 3.3 Packet Pg. 59 Attachment: Ordinance No. 159, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -2- WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. 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 reserves in the Capital Expansion Fund for transfer to the Capital Projects Fund the sum of TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000) for the restoration of the East Community Park site and appropriated therein. Section 3. That the unexpended appropriated amount of THREE THOUSAND TWO HUNDRED SEVENTY-SIX DOLLARS ($3,276) in the Capital Projects Fund - Community Park Development Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 4. That the unexpended appropriated amount of NINE HUNDRED TWENTY-FOUR DOLLARS ($924) in the Capital Projects Fund - Community Park Development Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.3 Packet Pg. 60 Attachment: Ordinance No. 159, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -3- Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.3 Packet Pg. 61 Attachment: Ordinance No. 159, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -1- ORDINANCE NO. 160, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL EXPANSION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE CAPITAL EXPANSION FUND INTO THE CAPITAL PROJECT FUND FOR THE EAST DISTRICT MAINTENANCE FACILITY AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, staff has identified a need for a maintenance facility in the East Park District (which includes Radiant, English Ranch, Harmony, Stew Case, Eastside, Archery Range and Twin Silo Parks), to be built on the East Community Park site, near the intersection of Drake and Ziegler; and WHEREAS, this new facility will continue the precinct maintenance facility approach supported by the Council approved 2008 Parks and Recreation Policy Plan; and WHEREAS, to determine the ultimate cost and location of the maintenance facility on the park site, planning and design are needed (the “Project”); and WHEREAS, the total cost of the maintenance facility is unknown, although preliminary estimates suggest it will be $3-5 million; and WHEREAS, the facility will be modeled after existing maintenance facilities, including the maintenance facilities located at Spring Canyon and Fossil Creek parks. The facility will be approximately 4,000-6,000 square feet in size; and WHEREAS, design costs in the Ordinance are for floodplain analysis ($100,000), preliminary site master planning ($30,000), and facility design ($300,000) for a total requested appropriation of $430,000; 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, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Capital Expansion Fund; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and 3.4 Packet Pg. 62 Attachment: Ordinance No. 160, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -2- WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. 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 reserves in the Capital Expansion Fund for transfer to the Capital Projects Fund the sum of FOUR HUNDRED THIRTY THOUSAND DOLLARS ($430,000) for the planning and design of the Project and appropriated therein. Section 3. That the unexpended appropriated amount of THREE THOUSAND THREE HUNDRED FIFTY-FOUR DOLLARS ($3,354) in the Capital Projects Fund - East District Park Maintenance Facility Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 4. That the unexpended appropriated amount of NINE HUNDRED FORTY- SIX DOLLARS ($946) in the Capital Projects Fund - East District Park Maintenance Facility Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.4 Packet Pg. 63 Attachment: Ordinance No. 160, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) -3- Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.4 Packet Pg. 64 Attachment: Ordinance No. 160, 2017 (6204 : SR 158-160 Community Services 2018 Mid-Year Budget) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Dan Woodward, Civil Engineer I Dean Klingner, Engineer & Capital Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth and College Intersection Project”, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and College Avenue Intersection Improvements Project. These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate $1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Horsetooth Road and College Avenue. Council previously appropriated the majority of the project funding through previous Council actions, including the 2017-2018 budget process, which identified additional funding was going to be needed with a future appropriation in 2019. The project was previously scheduled to be completed in 2019, but the project schedule has been accelerated to be complete in 2018. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 161, 2017 (PDF) 3. Ordinance No. 162, 2017 (PDF) 4 Packet Pg. 65 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Dan Woodward, Civil Engineer I Dean Klingner, Engineer & Capital Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project EXECUTIVE SUMMARY A. First Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth and College Intersection Project”, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. First Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and College Avenue Intersection Improvements Project. The purpose of this item is to appropriate $1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Horsetooth Road and College Avenue. Council previously appropriated the majority of the project funding through previous Council actions including the 2017-2018 budget process, which identified additional funding was going to be needed with a future appropriation in 2019. The project was previously scheduled to be completed in 2019, but the project schedule has been accelerated to be complete in 2018. In order to accommodate the schedule acceleration, this appropriation would complete the total project funding need of $7,250,000 in 2018, allowing the construction to be complete by the end of 2018. The project will construct road and intersection improvements, multimodal enhancements, utility improvements, and signal improvements. These improvements will be done in conjunction with the Midtown in Motion Plan. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. Since the Project is partially funded by Colorado Department of Transportation (CDOT), these acquisitions must follow federal guidelines, which require City staff obtain authorization to use eminent domain procedures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. ATTACHMENT 1 4.1 Packet Pg. 66 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6224 : SR 161-162 Horsetooth College Project) Agenda Item 15 Item # 15 Page 2 BACKGROUND / DISCUSSION The City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and operational improvements. Existing problems identified at this intersection include a high number of left turn crashes for northbound and southbound traffic and heavy congestion during peak traffic periods. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all types of users. According to the Arterial Intersection Prioritization Study, benefits will include delay reduction of 18.1 vehicle hours of travel per day and an estimated accident reduction of 25% (9.3 fewer accidents per year). The adopted Midtown in Motion Plan identifies conceptual traffic and multi-modal improvements at this intersection. City staff will seek opportunities to incorporate identified improvements while balancing contextual sensitivity and budget constraints. A Project Location Map is included as Attachment 1. The project will install additional northbound, southbound and eastbound left turn lanes, free right turns with pedestrian pork chop islands where feasible, widened sidewalks and landscaped medians and parkways. The Horsetooth Road bridge just to the west of College Avenue will also be replaced, and the bridge along College Avenue just south of Horsetooth Road will be widened to the west to accommodate pedestrians and bicycles. Project Goals  Improve safety for vehicle, bicycle, pedestrian and other multi-modal travel  Reduce congestion for vehicle travel  Upgrade the intersection to current Americans with Disabilities Act (ADA) standards The necessary property interests include right-of-way, as well as, permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their property. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the improvements goals of the project. At the meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. Since the Project is located on a Colorado Department of Transportation facility (State Highway 287) and the Project is partially funded by CDOT, all aspects of the Project, including property acquisitions, must comply with procedures for federally funded projects. The acquisitions for this Project conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as Amended (Public Law 91- 646). In accordance with these regulations, the City must inform property owners about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter. The authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase and happens prior to the appraisals. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to the first reading of this Ordinance. CITY FINANCIAL IMPACTS Approximately half of the project funds come from two federal grants, the Surface Transportation Program (STP) Metro Grant as well as the Highway Safety Improvement Program (HSIP) Grant for safety improvements. The City will be bringing local funds approved through the 2017-2018 Budgeting For Outcomes (BFO) Process, Community Capital Improvement Program (CCIP), local bridge funds and Transportation Capital Expansion Fee (TCEF) funds as a grant match and overmatch in order to construct the proposed improvements. 4.1 Packet Pg. 67 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6224 : SR 161-162 Horsetooth College Project) Agenda Item 15 Item # 15 Page 3 Funding Summary Funding Source Funding Amount Appropriation Status STP-Metro Grant $2,400,000 Appropriated HSIP Grant $1,000,000 Appropriated 2017-2018 City Budget (BFO) Process $1,000,000 Appropriated City Bridge Funds $1,350,000 Appropriated CCIP - Overmatch Funds $400,000 Appropriated Transportation Capital Expansion Fee $1,100,000 Pending this Council Action*** Total: $7,250,000 ***This Council action would appropriate the Transportation Capital Expansion Fee amount of $1,100,000. BOARD / COMMISSION RECOMMENDATION At its October 23, 2017 meeting, staff presented to the Bicycle Advisory Committee for information and informal feedback Staff plan to present to Transportation Board in the spring of 2018. PUBLIC OUTREACH Numerous public meetings were held as part of the Midtown in Motion Plan development. Individual property owner meetings have been held and staff has been in contact with affected businesses. The Project was displayed at the fall 2017 Bike Project Fair on October 26, 2017. Staff will present to the South Fort Collins Business Association and hold a public meeting over the next 3-6 months. ATTACHMENTS 1. Project Location Map (PDF) 2. Overall Conceptual Design (PDF) 3. Overall Right-of-Way (PDF) 4.1 Packet Pg. 68 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6224 : SR 161-162 Horsetooth College Project) -1- ORDINANCE NO. 161, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPANSION FEE FUND INTO THE CAPITAL PROJECT FUND FOR THE “HORSETOOTH AND COLLEGE INTERSECTION PROJECT”, AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and operational improvements; and WHEREAS, on April 18, 2017, City Council adopted Ordinance No. 040, 2017, appropriating $3,368,000 for the Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”) the grant funding for the Project; and WHEREAS, on September 19, 2017, City Council adopted Ordinance No. 093, 2017, appropriating $32,000 of Surface Transportation Program Metro (“STP”) grant funds for the Horsetooth Road and College Avenue Intersection Improvements Project (the “Project”) for the Project; and WHEREAS, the purpose of this Ordinance is to appropriate $1,100,000 from Transportation Capital Expansion Fee Fund reserves for the acquisition of certain property interests adjacent to the project area; and WHEREAS, total appropriated funds for this Project will be $7,250,000 following this Council item; 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, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Transportation Capital Expansion Fee Fund; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and 4.2 Packet Pg. 69 Attachment: Ordinance No. 161, 2017 (6224 : SR 161-162 Horsetooth College Project) -2- WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program. 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 reserves in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000) for the Project and appropriated therein. Section 3. That the unexpended appropriated amount of EIGHT THOUSAND FIVE HUNDRED EIGHTY DOLLARS ($8,580) in the Capital Projects Fund - Lemay and Vine Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 4. That the unexpended appropriated amount of TWO THOUSAND FOUR HUNDRED TWENTY DOLLARS ($2,420) in the Capital Projects Fund - Lemay and Vine Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 70 Attachment: Ordinance No. 161, 2017 (6224 : SR 161-162 Horsetooth College Project) -1- ORDINANCE NO. 162, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE HORSETOOTH ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City Engineering Department completed an Arterial Intersection Prioritization Study in 2011, which listed the Horsetooth Road and College Avenue intersection as one of the locations for needed safety and operational improvements (the “Project”); and WHEREAS, existing problems identified at this intersection include a high number of left turn crashes for northbound and southbound traffic and heavy congestion during peak traffic periods; and WHEREAS, the Project will include multi-model improvements at the intersection of Horsetooth Road and College Avenue and City staff will seek opportunities to incorporate identified improvements while balancing contextual sensitivities and budget constraints; and WHEREAS, the Project will construct congestion and safety improvements where feasible that may include additional turn lanes, widened sidewalks, medians, signal improvements and bridge reconstruction; and WHEREAS, current plans for the Project, which plans are subject to modification at the discretion of the City Engineering Department, include replacing the Horsetooth Road bridge crossing the Larimer Canal No. 2, just to the west of College Avenue and widening the bridge along College Avenue just south of Horsetooth Road to accommodate pedestrians and bicycles; and WHEREAS, to construct the Project, the City will need to acquire certain property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights and prompt possession of the Property for use for the Project, is desirable and necessary for the construction of the Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 4.3 Packet Pg. 71 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that is necessary and in the public interest to acquire the Property Rights described herein for the purpose of constructing the Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.3 Packet Pg. 72 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "A" Page 1 of 1 4.3 Packet Pg. 73 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "B" Page 1 of 2 4.3 Packet Pg. 74 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "B" Page 2 of 2 4.3 Packet Pg. 75 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "C" Page 1 of 1 4.3 Packet Pg. 76 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "D" Page 1 of 2 4.3 Packet Pg. 77 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "D" Page 2 of 2 4.3 Packet Pg. 78 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "E" Page 1 of 2 4.3 Packet Pg. 79 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "E" Page 2 of 2 4.3 Packet Pg. 80 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "F" Page 1 of 2 4.3 Packet Pg. 81 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "F" Page 2 of 2 4.3 Packet Pg. 82 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "G" Page 1 of 1 4.3 Packet Pg. 83 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "H" Page 1 of 2 4.3 Packet Pg. 84 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "H" Page 2 of 2 4.3 Packet Pg. 85 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "I" Page 1 of 3 4.3 Packet Pg. 86 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "I" Page 2 of 3 4.3 Packet Pg. 87 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Exhibit "I" Page 3 of 3 4.3 Packet Pg. 88 Attachment: Ordinance No. 162, 2017 (6224 : SR 161-162 Horsetooth College Project) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Seth Lorson, Transit Planner Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 163, 2017, Repealing and Reenacting Article V of Chapter 24 of the Code of the City of Fort Collins and Amending the Fort Collins Traffic Code Regarding the Residential Parking Permit Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 21, 2017, updates the City Code and Traffic Code to include elements of the Residential Parking Permit Program (RP3) as discussed at the August 22, 2017 Work Session, and changes some existing provisions that are no longer being used. Amendments to the Code will provide the City Manager to create regulations regarding the process for fast tracking areas affected by spillover parking (parking in neighborhoods adjacent to newly-adopted RP3 zones). Some additional revisions are proposed to ensure consistency between the current administrative procedures and the Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF) 2. Ordinance No. 163, 2017 (PDF) 5 Packet Pg. 89 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Seth Lorson, Transit Planner Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 163, 2017, Repealing and Reenacting Article V of Chapter 24 of the Code of the City of Fort Collins and Amending the Fort Collins Traffic Code Regarding the Residential Parking Permit Program. EXECUTIVE SUMMARY The purpose of this item is to amend the City Code and Traffic Code to include elements of the Residential Parking Permit Program (RP3) as discussed at the August 22, 2017 Work Session, and to change some existing provisions that are no longer being used. Notably, we have added to the Code the RP3 management area and amended the Code to provide the City Manager to create regulations regarding the process for fast-tracking areas affected by spillover parking (parking in neighborhoods adjacent to newly-adopted RP3 zones). Some additional revisions are proposed to ensure consistency between the current administrative procedures and the Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION At the August 22, 2017 Work Session, City Council discussed the purpose and strategic management of the Residential Parking Permit Program (RP3). There was general agreement that the RP3 should maintain the stated purpose to preserve residential character and that a management area should be created that will define the reasonable extent of the program and facilitate a fast track for properties within the boundary. Please see the Work Session summary attached. The attached ordinance will codify the RP3 management area and update the City Code and Traffic Code to reflect the current RP3 policies and procedures. The updates to the Traffic Code are a result of the establishing ordinance (No. 102, 2013) having general language that authorizes staff to create and administer a residential parking program. In the subsequent years, the program policies and procedures have been established which the City Code and Traffic Code should now reflect. The changes provided will allow for more streamlined and straightforward enforcement of the provisions of the RP3. PUBLIC OUTREACH A public meeting was held on November 9, 2017 to discuss proposed changes. Attendees expressed general support for the RP3 Management Area and the provisions to fast track blocks into zones to mitigate spillover from existing zones. Additionally, there was support for greater development of high-frequency transit and MAX park-n-rides to provide viable alternatives to driving and parking in neighborhoods. ATTACHMENT 1 5.1 Packet Pg. 90 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6206 : SR 163 RP3) Agenda Item 17 Item # 17 Page 2 ATTACHMENTS 1. Management Area (PDF) 2. Work Session Summary, August 22, 2017 (PDF) 3. Work Session Agenda Item Summary, August 22, 2017 (PDF) 5.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6206 : SR 163 RP3) -1- ORDINANCE NO. 163, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING ARTICLE V OF CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS AND AMENDING THE FORT COLLINS TRAFFIC CODE REGARDING THE RESIDENTIAL PARKING PERMIT PROGRAM WHEREAS, on August 20, 2013, the City Council adopted Ordinance No. 102, 2013, establishing a residential parking permit zone program (“the Program”); and WHEREAS, the Program was created to restrict parking on streets within specific neighborhoods overburdened with parking, primarily to neighborhood residents, in order to reduce hazardous traffic conditions, promote traffic safety, and to protect residents of those neighborhoods in gaining access to their residences; and WHEREAS, the creation of the Program was done without having piloted a program of similar nature before its adoption; and WHEREAS, while the core aspects of the Program have remained constant, certain peripheral details have evolved over the last several years to accommodate the needs and desires of the residents of neighborhoods in which the Program has been established; and WHEREAS, the City Council has determined it is in the best interests of the City to limit the area in which future programs may be established to a specific management area; and WHEREAS, the management area has been identified as a group of neighborhoods most prone to persons parking in a neighborhood who are not residents of such neighborhood; and WHEREAS, the management area is, in general terms, within approximately a ten-minute bicycle ride or 30-minute walk to Colorado State University, as proximity to Colorado State University has historically been the main cause for parking problems in neighborhoods; and WHEREAS, certain provisions of the City Code and Traffic Code need to be clarified and updated to ensure the intent of the Program is maintained through clear and specific enforcement provisions; and WHEREAS, the City Council has determined that the amendments which have been proposed 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. 5.2 Packet Pg. 92 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -2- Section 2. That Article V of Chapter 24 of the City Code is hereby repealed and reenacted to read in its entirety as follows: ARTICLE V RESIDENTIAL PARKING PERMIT ZONE PROGRAM Sec. 24-171. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Residential parking permit management area shall mean the area within the following boundaries: Beginning at the point of intersection of the north right-of-way line of Buckingham Street and the east right-of-way line of Third Street; thence southerly along said east right-of-way line of Third Street and its southerly prolongation to the south right-of-way line of east Lincoln Avenue; thence westerly along said south right-of-way line of east Lincoln Avenue to the northeasterly right-of- way line of Riverside Avenue; thence southeasterly along said northeasterly right-of-way line of Riverside Avenue to its point of intersection with the northerly prolongation of the east right-of- way line of Stover Street; thence southerly along said east right-of-way line of Stover Street to the south right-of-way line of Columbia Road; thence westerly along said south right-of-way line of Columbia Road, to the east right-of-way line of College Avenue; thence northwesterly to the point of intersection of the westerly right-of-way line of Centre Avenue and the southerly right-of-way line of Rolland Moore Drive; thence westerly along said southerly right-of-way line of Rolland Moore Drive and its westerly prolongation to the west right-of-way line of Shields Street; thence northerly along said west right-of-way line of Shields Street to the south right-of-way line of Stuart Street; thence westerly along said south right-of-way line of Stuart Street to the westerly right-of- way line of Heatheridge Road; thence northerly along said right-of-way line of Heatheridge Road and its northerly prolongation to the north right-of-way line of Prospect Road; thence westerly along said north right-of-way line of Prospect Road to the westerly right-of-way line of Castlerock Drive; thence northerly along said westerly right-of-way line of Castlerock Drive and its northerly prolongation to the north right-of-way line of Elizabeth Street; thence easterly along said north right-of-way line of Elizabeth Street to the west right-of-way line of Skyline Drive; thence northerly along said west right-of-way line of Skyline Drive to the north right-of-way line of Crestmore Place; thence easterly along said north right-of-way line of Crestmore Place to the west right-of-way line of Bryan Avenue; thence northerly along said west right-of-way line of Bryan Avenue to the north right-of-way line of Mulberry Street; thence easterly along said north right- of-way line of Mulberry Street to the west right-of-way line of Jackson Avenue; thence northerly along said west right-of-way line of Jackson Avenue and its northerly prolongation to the north right-of-way line of Mountain Avenue; thence easterly along said north right-of-way line of Mountain Avenue to the center line of Shields Street; thence northerly along said center line of Shields Street to the north right-of-way line of Laporte Avenue; thence easterly along said north right-of-way line of Laporte Avenue to the west right-of-way line of Wood Street; thence northerly along said west right-of-way line of Wood Street to the north right-of-way line of Maple Street; thence easterly along said north right-of-way line of Maple Street to the west right-of-way line of Loomis Avenue; thence northerly along said west right-of-way line of Loomis Avenue to the north 5.2 Packet Pg. 93 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -3- right-of-way line of Elm Street; thence easterly along said north right-of-way line of Elm Street to the southwesterly right-of-way line of the Rex Branch of the former Colorado and Southern Railroad (no longer in use); thence southeasterly along said southwesterly right-of-way line to a point on the north right-of-way line of Cherry Street; thence easterly along said north right-of-way line of Cherry Street to the west right-of-way line of College Avenue; thence continuing easterly to the point of intersection of the east right-of-way line of College Avenue and the northerly right- of-way line of Willow Street; thence southeasterly along the northerly and northeasterly right-of- way line of Willow Street to the northwesterly right-of-way line of Linden Street; thence northeasterly along said northwesterly right-of-way line of Linden Street to its point of intersection with the northwesterly prolongation of the northerly right-of-way line of Buckingham Street; thence easterly along said northwesterly prolongation and along said northerly right-of-way line of Buckingham Street to the point of beginning. A map showing the approximate area of the residential parking permit management area dated December 5, 2017, is on file in the office of the City Clerk. Residential parking permit zone shall mean a neighborhood designated by the City Manager in which parking is restricted to persons who have been issued a permit pursuant to this Article. Sec. 24-172. Purpose and intent. The creation of residential parking permit zones is intended to promote the health, safety and welfare of residents of certain neighborhoods by reducing unnecessary personal motor vehicle travel, noise, pollution, litter, crime and other adverse environmental impacts; promote improvements in air quality; reduce congestion and/or hazardous traffic conditions in the neighborhood; increase the use of public mass transit; protect residents from unreasonable burdens in gaining access to their property; preserve neighborhood living within an urban environment; maintain the convenience and attractiveness of urban residential living; preserve the residential character of the neighborhood and the property values therein; and safeguard the peace and tranquility of the neighborhood. Sec. 24-173 Parking permit zone eligibility. Upon the City Manager’s determination that, in a neighborhood within the residential parking permit management area, it is in the public interest, or upon receipt of a petition by at least ten (10) adult residents of a neighborhood within the residential parking permit management area proposing a residential parking permit zone, the City Manager may conduct studies to determine if a residential parking permit zone should be established in that neighborhood, and what its boundaries should be. Regardless of whether the City Manager initiates the process or the residents initiate the process, the City Manager must determine the residential parking permit zone is in the public interest in order for the program to move forward. In order to determine whether parking by nonresidents of a particular neighborhood substantially impacts the ability of residents of the proposed parking permit zone to park their vehicles on the streets of the proposed zone with reasonable convenience, and the extent to which a residential parking permit zone would significantly reduce this impact, the City Manager may consider, without limitation, the extent to which parking spaces are occupied during working or other hours, the extent to which parked vehicles are registered to persons not apparently residing within the neighborhood, the impact that 5.2 Packet Pg. 94 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -4- businesses and facilities located within or without the neighborhood have upon neighborhood parking within the neighborhood, and public feedback including the neighborhood property owner’s vote. The City Manager may also take into consideration the need for reasonable public access to parking in the area and the manner and extent that it should be provided, as well as the hours and days on which parking restrictions should apply. Sec. 24-174. Establishment/termination. (a) If the City Manager determines that establishing a residential parking permit zone in a particular neighborhood is in the public interest, the City Manager shall prepare a program for the zone, specifying the boundaries, the hours and days on which parking restrictions will apply, and the provisions, if any, for nonresident permit parking. The City Manager may hold such public meetings as he or she deems advisable to assist in formulating such program. The City Manager shall thereupon establish the zone by regulation as provided herein. If the City Manager later determines that the program is no longer in the public interest, or the rate of participation in a zone is insufficient to cover the costs of administering the program, or the City Council has not appropriated other funds to support the program, then the City Manager may terminate the program in that zone. (b) The City Manager shall define the boundaries of the proposed residential parking permit zone based on factors including, but not limited to, the petition request, the results of any occupancy study, and feedback received during public feedback sessions. (c) Although additional administrative regulations regarding voting may be established pursuant to § 24-177, the following voting requirements are hereby established: (1) Only property owners within the proposed zone are eligible to vote; (2) Each owner, regardless of the number of properties owned, is permitted one vote; (3) If at least one-half of the property owners do not vote, the residential parking permit zone shall not be established; (4) One-half of the voting property owners must vote in favor of the residential parking permit zone in order for it to be established; (5) Notwithstanding Subsections (3) and (4), the result of the vote is not binding upon the City Manager; however he or she shall use the result of the vote as a factor to assist in determining whether the proposed zone will be established. Sec. 24-175. Traffic control devices. Upon establishment of a zone, the City Manager shall install the necessary traffic control devices within the zone to notify the public of the restrictions in the zone and issue residential parking zone permits. 5.2 Packet Pg. 95 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -5- Sec. 24-176. Program regulations. (a) Upon designation of a residential parking permit zone pursuant to this Article, the City Manager may issue parking permits for vehicles owned by, or in the custody of and regularly used by any or all of the following persons: (1) residents of the zone, (2) persons employed by a business, non-profit, or governmental entity located within the zone, and (3) if permitted in the zone, nonresidents. The permits shall be issued upon receipt of a completed application therefor and payment of the fees adopted by the City Manager as provided by Chapter 7.5 of the City Code. (b) A permitted vehicle may be parked in the zone specified in the permit without regard to the time limits prescribed for unpermitted vehicles in such zone, if any. (c) Permits for businesses, non-profit, and governmental entities may be issued only if parking capacity exceeds that needed for all residential parking. These permits shall be sold on a first- come, first-serve basis. (d) No person shall use or display any permit issued under this Article in violation of any provision of this Code or any regulation promulgated by the City Manager under §24-176 below. (e) If parking capacity is available, residents issued a permit pursuant to this Article may obtain guest permits for use by houseguests of the permittee. The City Manager may define the circumstances under which guest permits may be issued, taking into consideration the reasonable parking needs of the residences and available parking capacity. (f) Upon application to the City Manager, any person providing bona fide services in a residential parking permit zone may obtain at no cost a reasonable number of temporary permits for the vehicles of such person for the period of time that the person is engaged in work within a residential parking permit zone. (g) It shall be unlawful for any person to falsely represent himself or herself as eligible for a permit under this Article or to furnish any false information in or in conjunction with an application for a residential parking permit. (h) Possession of any of the permits provided under this Article shall not guarantee or reserve a parking space. Sec. 24-177. Supplemental regulations. The City Manager may, by regulation, prescribe additional standards, not inconsistent with those set out in this Article, that must be met before the City Manager designates a residential parking permit zone, adds or deletes territory from an established zone, or issues permits for residential parking permit zones. In addition, the City Manager may set forth additional criteria and regulations for managing the zones, including but not limited to, regulations for voting, grounds for revocation of a permit, measuring occupancy, the treatment of adjacent neighborhoods, removal of a zone, permit costs, guest, work, and commuter permits, and time-limited parking. All 5.2 Packet Pg. 96 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -6- such administrative regulations relating to residential permit parking zones shall remain on file with the City Clerk. Section 3. That Section 1214.4 of the Traffic Code is hereby added to read as follows: 1214.4 Permitted public parking. Unless official traffic control devices provide otherwise, only vehicles that have been properly permitted pursuant to Section 23-140 of the City Code for use of facilities owned or operated by the City, including but not limited to public parking areas, may park in those areas. Section 4. That Section 1214.5 of the Traffic Code is hereby amended to read as follows: 1214.5. Permitted parking in residential parking permit zones. (1) Where official traffic control devices indicate except as otherwise provided below, only vehicles that have been properly permitted pursuant to Section 24-175 of the City Code for parking within a residential parking permit zone may park in such zone. (2) In zones that permit time-restricted parking of unpermitted vehicles, no person shall park or direct another person to park an unpermitted vehicle for a period in excess of any time restriction established for such zone. (3) Notwithstanding any provision of Chapter 24 of the City Code regarding time limits on parking, permitted vehicles are subject to the provisions in this Traffic Code for abandoned vehicles, including, but not limited to, Subsections 1202 and 1801. (4) It shall be unlawful for anyone to modify, alter or duplicate a residential parking permit in any way or to use such permit in any manner other than that for which it was intended. (5) After vacating a time-restricted parking space in a residential parking permit zone, no person shall return and park, or direct another person to return and park, that same vehicle in that same residential parking zone within a twenty-four-hour period, regardless of whether the maximum time restriction has elapsed. (6) Only vehicles that have been properly permitted pursuant to Article V of Chapter 24 of the City Code may park within a residential parking permit zone during, or within the four (4) hours before the official start time of, a stadium event. Any person violating any regulation set forth in Subsections 1214.5(1), (2), (4), or (5) during, or within the four (4) hours before the official start time of, a stadium event, shall be subject to the penalties of this Subsection (6). (a) For purposes of this Subsection, a stadium event is defined as any event held at the on-campus stadium at Colorado State University at which attendance is reasonably 5.2 Packet Pg. 97 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -7- anticipated by Colorado State University or the City to exceed twelve thousand (12,000) persons. (b) There is hereby established a rebuttable presumption that a stadium event is occurring or has occurred when Colorado State University or the City has provided advance notice of such event to the general public: (I) on its official website; (II) on any of its generally used social media web pages; (III) in a local newspaper of general circulation; or (IV) through the use of temporary signs near the stadium on the same calendar day as the stadium event. (7) An unpermitted vehicle with a license plate or a placard obtained pursuant to Section 42- 3-204, C.R.S., or as otherwise authorized pursuant to Subsection 1208(4) may be parked in a residential permit zone along public streets regardless of any time limitation imposed upon parking in such area; except such privilege shall not apply to zones or times of day in which: (a) Stopping, standing or parking of all vehicles is prohibited; (b) Only special vehicles may be parked; or (c) Parking is not allowed during specific periods of the day. Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 98 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) -8- Passed and adopted on final reading on the 5th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 99 Attachment: Ordinance No. 163, 2017 (6206 : SR 163 RP3) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Patrick Rowe, Redevelopment Program Coordinator John Duval, Legal SUBJECT Second Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business Improvement District. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 21, 2017, creates and establishes the Midtown Business Improvement District, appoints the initial members of the Board of Directors of the District, approves the District's Initial Operating Plan and Budget; and designates the area as a location for new business or commercial development. The Initial Operating Plan has been revised between First and Second Reading of the Ordinance to address issues that were raised by Council at First Reading. The revised Initial Operating Plan is attached as Exhibit “E” to the Ordinance and the revisions are on page 6 of the Plan. The issues addressed in these revisions are to clarify that: (1) the District will be operated in compliance with all applicable Colorado laws, including the Fair Campaign Practices Act; (2) authorized District improvements will be available and open to the public in a non- discriminatory manner; and (3) the District cannot provide security services now or in the future unless authorized to so by the City Council. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF) 6 Packet Pg. 100 Agenda Item 25 Item # 25 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Patrick Rowe, Redevelopment Program Coordinator John Duval, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business Improvement District, Appointing the Initial Members of the Board of Directors of the District, Approving the District's Initial Operating Plan and Budget; and Designating the Area as a Location for New Business or Commercial Development. EXECUTIVE SUMMARY The purpose of this item is to conduct a public hearing on a petition for the creation of a business improvement district within the Midtown area of Fort Collins. The purpose of the proposed Midtown Business Improvement District (the “Midtown BID,” or “BID”) is to “leverage public sector investments and provide private sector stakeholders in the area with a stronger platform through which to advocate for-and directly fund-needed improvements as Midtown comes into a new era.” STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION A business owners group within Midtown Fort Collins desires to form the Midtown BID. Under Colorado’s Business Improvement District Act (the “Act”), the Midtown BID can be created by the City Council by ordinance, after conducting a noticed public hearing, if the organizers of the BID have presented to the City a petition meeting certain form and content requirements required in the Act. The Act also requires that the petition must be signed by property owners in the proposed boundaries of the BID who own properties that constitute not less than 50% of the total assessed value of properties in the BID’s proposed boundaries and not less than 50% of all the acreage in the BID. The business owners group has circulated and submitted to the City Clerk a petition signed by 35 property owners owning commercial property within the boundaries of the proposed Midtown BID. This petition is attached. (Attachment 4) The Petition meets the form and content requirements of the Act by: (1) stating the proposed name for the Midtown BID; (2) providing a general description of the boundaries and service area of the BID; (3) providing a general description of the types of services or improvements or both to be provided by the BID; (4) stating the names of three persons who represent the petitioners and who have the power to enter into agreements concerning the BID’s organization; and (5) stating a request for the organization of the Midtown BID. The Petition also appears to be signed by persons and entities who own property within the proposed boundaries representing 63% of the total assessed value within the Midtown BID’s proposed boundaries and 55% of the total acreage within the boundaries. These percentages satisfy the Act’s two 50%-requirements for the creation ATTACHMENT 1 6.a Packet Pg. 101 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6207 : SR 165 Midtown BID) Agenda Item 25 Item # 25 Page 2 of the Midtown BID and are evidenced in the attached “Midtown BID Assessed Values and Acreage Spreadsheet”. (Attachment 5) However, it should be noted that the signatures on the Petition are dated in June or July of 2016 except for one Petition section which has a signature dated in June of 2015. Because these signatures are more than a year old and due to the fact that the currently proposed Midtown BID boundaries were reduced in size from what was proposed in the Petition as originally drafted, the proponents have also circulated an “Affirmation Concerning the Boundaries and Service Area of the Proposed Midtown Business Improvement District in the City of Fort Collins, Colorado” (“Affirmation”). Each of the attached Petition sections is accompanied by an Affirmation that has been signed by a representative of the petitioning property owner to confirm that the property owner continues to support the creation of the Midtown BID and does not object to the reduction of the BID’s boundaries. Under the Act, it is up to the City Council to determine whether the Petition satisfies the Act’s form, content and signing requirements. If the Council determines that such requirements have been satisfied, it may, in its sole discretion, adopt the Ordinance to create and organize the Midtown BID. If it determines, however, that any of these requirements is not satisfied, it should decline to adopt the Ordinance. In the event the Council does not adopt the Ordinance, staff will prepare for Council’s consideration at a later meeting a resolution setting forth the Council’s findings and grounds for not adopting the Ordinance. As proposed, the purpose of the Midtown BID is to “leverage public sector investments and provide private sector stakeholders in the area with a stronger platform through which to advocate for - and directly fund - needed improvements as Midtown comes into a new era.” The BID’s operations would be funded through a special assessment based on frontage that would apply to the commercial properties along College Avenue and East Foothills Parkway (the portion of Foothills Parkway that runs through the Foothills Mall) between Drake Road and Boardwalk Drive (Attachment 1). Pursuant to the Act, no residential property is included within the BID’s boundaries. (Note: The proposed boundary has been reduced in size from an earlier proposal to focus the Midtown BID in the area with the strongest and most active support). The proposed Midtown BID cites the following goals and objectives in its proposed Initial Operating Plan (Attachment 2):  Create a collective voice to accomplish the goals of the neighborhood, provide leadership for the neighborhood, and champion the vision of the Midtown.  Serve as the activator of the Midtown neighborhood, providing programming, marketing and activities year-round.  Purposefully improve and advance Midtown and facilitate economic growth and overall increased vitality in Midtown.  Develop and establish Midtown’s character and personality, communicate it succinctly, and bring it to life.  Create synergistic relationships with the City to create an accessible and desirable place for locals and visitors.  Find interesting, active and creative uses for shops, sidewalks and open spaces that can boost the economy, thus diversifying the mix and adding new business opportunities.  Provide awareness, recognition, promotion and education about Midtown.  Keep Midtown safe, clean and welcoming. 6.a Packet Pg. 102 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6207 : SR 165 Midtown BID) Agenda Item 25 Item # 25 Page 3  Be an administrative umbrella that brings the neighborhood together and maximizes funding opportunities for the future of Midtown. Midtown BID’s operations and undertakings will be funded through a special assessment of properties within the district boundary based on College Avenue and East Foothills Parkway frontage. The assessment is based on $10 per linear foot of frontage, and is anticipated to raise approximately $170,000 annually. The BID will have the ability to raise the assessment annually by an amount up to but not to exceed the consumer price index. The Act authorizes the Council to appoint a board of between five (5) and eleven (11) members to govern the Midtown BID. The initial BID board as proposed will consist of 9 members. The BID formation group has recommended a list of individuals to be appointed as the initial board. The BID formation group made its recommendation based on whom it believes to be interested and qualified, and whom will broadly represent the BID’s interests (for a list of these individuals, please refer to pages 4 and 5 of Attachment 3). The term of office shall be staggered to encourage continuity of governance. The length of the term is staggered between two (2) and three (3) years. The Act provides that future board appointments are to be made by City Council. BIDs in Colorado may exist in perpetuity. As proposed in the Initial Operating Plan, the Midtown BID will have an initial ten-year term. This will allow stakeholders to evaluate the BID’s effectiveness at the end of this initial term. If the BID is successful, as anticipated, it will request renewal from City Council. The Act requires the Midtown BID to file an annual operating plan and budget with the City on or before September 30th of each year. The City reviews and approves these documents as provided by law. Midtown BID Formation Process Key dates of the Midtown BID’s proposed formation schedule are as follows: October 16, 2017 Completed petitions submitted to City (Occurred) November 7, 2017 Public Hearing set for November 21, 2017 (Occurred) November 21, 2017 Public Hearing and First Reading of BID formation ordinance (Tonight’s Item) December 5, 2017 Second Reading of BID formation ordinance Following formation, the Midtown BID will conduct a TABOR election to address the BID’s future revenues and expenditures. The BID itself will conduct this election process in coordination with Larimer County. CITY FINANCIAL IMPACTS A business improvement district is an independent entity and will not impact the City financially. Note: The City has agreed to loan the BID formation group up to $30,000 to assist with formation which will be paid back upon formation and the BID’s first assessment collection. Consistent with completed milestones, to date only $13,000 has been provided to the BID formation group. The balance will be made available following formation and prior to the BID’s TABOR election. PUBLIC OUTREACH As required by the Act, all property owners within the Midtown BID’s proposed service area and boundaries have been mailed formal notice of the public hearing and the general public has been notified through a notice published in the Coloradoan on November 11, 2017. 6.a Packet Pg. 103 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6207 : SR 165 Midtown BID) Agenda Item 25 Item # 25 Page 4 ATTACHMENTS 1. Boundary Map (PDF) 2. Operating Plan (PDF) 3. Proposed Board (PDF) 4. BID petitions (PDF) 5. BID Assessed Valuations and Acreage (PDF) 6. Powerpoint presentation (PDF) 6.a Packet Pg. 104 Attachment: First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (6207 : SR 165 Midtown BID) -1- ORDINANCE NO. 165, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS CREATING AND ESTABLISHING THE MIDTOWN BUSINESS IMPROVEMENT DISTRICT, APPOINTING THE INITIAL MEMBERS OF THE BOARD OF DIRECTORS OF THE DISTRICT, APPROVING THE DISTRICT’S INITIAL OPERATING PLAN AND BUDGET, AND DESIGNATING THE AREA AS A LOCATION FOR NEW BUSINESS OR COMMERCIAL DEVELOPMENT WHEREAS, the City Council (the “Council”) of the City of Fort Collins, Colorado (the “City”), has received a petition for the organization (the “Petition”) of the Midtown Business Improvement District (the “District”) within the City; and WHEREAS, based upon the Petition and other evidence presented to Council, the Council finds that Petition is in proper form and has been signed in conformity with the Business Improvement District Act, C.R.S. Section 31-25-1201 et seq., as amended (the “Act”); and WHEREAS, the Council further finds and determines that the signatures on the Petition are genuine, and that the signatures of parties thereon represent the persons who own real or personal property in the service area of the proposed District having a valuation for assessment of not less than fifty percent of the valuation for assessment of all real and personal property in the service area of the proposed District and who own at least fifty percent of the acreage in the proposed District; and WHEREAS, the Petition sets forth, among other things: (a) The name of the proposed District, which is: “Midtown Business Improvement District;” (b) A general description of the boundaries and service area of the proposed District which is: the boundaries include parcels fronting South College Avenue from Prospect Road in the north to Harmony Road in the south, as well as those fronting East Foothills Parkway between East Swallow Road and South College Avenue in the City. A map of the proposed District’s boundary is also attached to the Petition and in the Petition is a statement that the boundaries of the District include all properties within the service area perimeter which are classified as commercial property as defined in C.R.S. Section 31-25-1203(2) of the Act, all of which is located in the City (the “Service Area”); (c) A general description of the types of services or improvements or both to be provided by the proposed District; (d) The names of three persons to represent the petitioners, who have the power to enter into agreements relating to the organization of the District; (e) A request that the Council appoint the initial members of the Board of Directors of the District pursuant to C.R.S. Section 31-25-1209(1)(b); Packet Pg. 105 -2- (f) A request that the Council consider the District’s initial operating plan and budget for approval in accordance with Section 31-25-1211, C.R.S.; and (g) A request that the Council approve the organization of the District; and WHEREAS, the Council has determined that it appears the allegations of the Petition are true; and WHEREAS, the Council has determined that the types of services or improvements to be provided by the proposed District are of the type which best satisfy the purposes of the Act; and WHEREAS, the Petition was filed with a cash deposit in an amount sufficient to cover all municipal expenses associated with these proceedings in case the organization of the proposed District is not effected; and WHEREAS, the Service Area of the proposed District is entirely within the City; and WHEREAS, the Service Area of the proposed District is not located within any other existing business improvement district; and WHEREAS, a map of the boundaries of the Service Area of the proposed District is attached hereto as Exhibit “A”, a legal description of the Service Area of the proposed District is attached hereto as Exhibit “B”, and said exhibits are incorporated herein by reference. 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 following a duly noticed and held public hearing, as described below, and upon consideration of a recommendation from City staff that an ordinance be enacted creating the District, the Council further finds and determines: (a) That the proposed District was initiated by a Petition filed in the Office of the City Clerk of the City of Fort Collins, on the 16th day of October 2017, that the Petition was sufficient, that the allegations in the Petition are true, that the Petition is in due and regular form, and the Petition was properly executed; (b) That the Council has heretofore fixed a place and time for a hearing on the Petition, which hearing was scheduled for Tuesday, November 21, 2017, at 6:00 p.m., in the City Council Chambers, City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado; (c) That the proponents of the District mailed notice of such hearing to each property owner within the boundaries of the proposed District in accordance with C.R.S. Section 31-25- 1206 and as evidenced in the “Certification of Mailing of Public Notice of Hearing on Petition Packet Pg. 106 -3- for the Organization of a Business Improvement District” attached as Exhibit “C” and incorporated by reference; (d) That a notice of the hearing was also duly published on November 11, 2017, in the Fort Collins Coloradoan in accordance with C.R.S. Section 31-25-1206 and as evidenced in the “Affidavit of Publication” attached as Exhibit “D” and incorporated by reference; (e) That an initial operating plan (the “Initial Operating Plan”) and budget (the “Budget”) were filed in the Office of the City Clerk of the City of Fort Collins as part of the Petition and have been reviewed by the Council and are hereby approved; That the initial operating plan and budget (the “Budget”) were filed in the Office of the City Clerk of the City of Fort Collins, and that initial operating plan has been revised to read as shown in Exhibit “E” attached hereto and incorporated herein by reference (the “Initial Operating Plan”); (f) That the Initial Operating Plan, as shown in Exhibit “E”, and the Budget on file with the City Clerk have been reviewed by the Council and are both hereby approved; (fg) That the proposed District is lawful and necessary, should be created and established, and that the proposed District does not include territory that is within any other business improvement district; and (gh) That the Service Area of the proposed District is hereby designated, after notice and public hearing, as a location for new business or commercial development. Section 3. The District is hereby created, organized, and established for the purposes and shall have the powers set forth in the Act, except as otherwise modified in this Ordinance. All services and improvements provided by the District shall be undertaken in accordance with the Act and the District’s Initial Operating Plan, as the Plan may be amended from time to time with the approval of the Council as provided in C.R.S. 31-25-1211. In addition, any amendments to this Ordinance shall be effective only when approved by the Council. Section 4. The Service Area of the District is depicted in Exhibit “A” and legally described in Exhibit “B”. The District is located entirely within the City of Fort Collins and a general description of the Service Area is as follows: the boundaries include parcels fronting South College Avenue from Prospect Road in the north to Harmony Road in the south, as well as those fronting East Foothills Parkway between East Swallow Road and South College Avenue in the City. The boundaries of the proposed District shall consist of all “commercial property” now or hereafter located within the Service Area, as that term is defined at C.R.S. Section 31-25- 1203(2), but specifically excluding all taxable personal property. The District may provide services and improvements inside and outside of the Service Area as set forth in the District’s Initial Operating Plan, as amended. Section 5. Inclusion and exclusion of property into or from the District shall be completed as provided in the Act. Packet Pg. 107 -4- Section 6. The District shall be a quasi-municipal corporation and political subdivision of the State of Colorado with all powers and responsibilities thereof. The District shall hereafter have the corporate name specified in the Petition: Midtown Business Improvement District. Section 7. Pursuant to C.R.S. Section 31-25-1209(1)(b), the Board of Directors of the District (the “Board”) shall consist of nine (9) electors of the District, appointed by the Mayor and confirmed by City Council. Each member of the Board shall be an elector of the District, as that term is defined at C.R.S. Section 31-25-1203(4)(a). The initial members of the Board are hereby appointed and confirmed (and shall take office upon qualification): (a) Steve Taylor for a term ending December 31, 2019, (b) Rayno Seaser for a term ending December 31, 2020, (c) Mike Dellenbach for a term ending December 31, 2019, (d) David Fritzler for a term ending December 31, 2020, (e) Spiro Palmer for a term ending December 31, 2019, (f) Luke McFetridge for a term December 31, 2020, (g) John Gaffney for a term ending December 31, 2019, (h) Lauren DeRosa for a term ending December 31, 2020, and (i) Carrie Baumgart for a term ending December 31, 2019. Section 8. In accordance with C.R.S. Section 31-25-1209(1)(b), members of the Board shall serve at the pleasure of the Council. Meetings of the Board shall be subject to the Colorado Open Meetings Law. A majority of the Directors in office constitute a quorum. Officers of the District shall include a Chairperson and President, Vice-President, Secretary, Assistant Secretary and Treasurer. The Directors shall elect the District’s officers. Within thirty (30) days after a vacancy occurs or as otherwise provided by law, a successor shall be appointed by the Council by ordinance. Section 9. Within thirty (30) days of the effective date of this Ordinance, or within thirty (30) days of each subsequent appointment to the Board by the City Council by ordinance, each member of the Board shall appear before an officer authorized to administer oaths and take an oath that he or she will faithfully perform the duties of his or her office as required by law and will support the constitution of the United States, the constitution of the State of Colorado, and laws made pursuant thereto. The Board shall carry out the responsibilities required of such Board by the Act and other applicable law. Section 10. The Initial Operating Plan and the Budget are hereby approved by the City as the District’s 2017 and 2018 operating plan and budget as required by the Act. The Board will formally adopt the District’s annual budgets following the effective date of this Ordinance in compliance with the Colorado Local Government Budget Law. Once formally adopted by the Board, a copy of the District’s budgets will be provided to the City’s Economic Health Office. The budgets for subsequent years shall be incorporated into the District’s annual operating plan submitted to the City for review and approval on or before September 30th of each year (commencing with September 30, 2018), as required by C.R.S. Section 31-25-1211. The District is authorized to proceed with elections for any purpose authorized by the Act and the Initial Packet Pg. 108 -5- Operating Plan. The District shall have the power to issue debt, subject to the limits and restrictions on the same as set forth in the Initial Operating Plan and electoral approval. The District shall have the power to provide improvements as defined in C.R.S. Section 31-25- 1203(5), and services as described in C.R.S. Section 31-25-1212, as limited by the Initial Operating Plan. Section 11. As provided in the Initial Operating Plan, the initial term of the District shall be for ten (10) years from the effective date of this Ordinance (the “Termination Date”). If the Council does not approve an amendment to the Initial Operating Plan and this Ordinance to extend this initial term, the District’s existence shall cease on the Termination Date. Section 12. The actions of the City Clerk and petitioner in setting and providing public notice of the public hearing on the sufficiency of the Petition and in furtherance hereof are hereby ratified and confirmed. Introduced, considered favorably on first reading, and ordered published this 21st day of November, 2017, and to be presented for final passage on the 5th day of December, 2017. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of December, 2017. Mayor ATTEST: City Clerk Packet Pg. 109 a Packet Pg. 110 Attachment: Exhibit A (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) EXHIBIT B b Packet Pg. 111 Attachment: Exhibit B (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) b Packet Pg. 112 Attachment: Exhibit B (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) b Packet Pg. 113 Attachment: Exhibit B (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) EXHIBIT C c Packet Pg. 114 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) c Packet Pg. 115 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) c Packet Pg. 116 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) c Packet Pg. 117 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) c Packet Pg. 118 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) c Packet Pg. 119 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) c Packet Pg. 120 Attachment: Exhibit C (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) EXHIBIT D d Packet Pg. 121 Attachment: Exhibit D (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) d Packet Pg. 122 Attachment: Exhibit D (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) 1 Midtown Business Improvement District (BID) Initial Operating Plan 2017-2018 BID NAME The BID shall operate as the Midtown Business Improvement District (BID). LEGAL AUTHORITY A BID in Colorado is organized pursuant to the Business Improvement District Act, Section 31-25-1201 et seq., Colorado Revised Statutes. A BID is legally created via the following process:  Stakeholders acquire petition signatures of commercial property owners representing a majority of the total assessed value and a majority of the total acreage of the proposed BID area.  The City adopts an ordinance establishing the district, following notice and a public hearing. ABOUT MIDTOWN Midtown is a growing, thriving hub in central Fort Collins. The properties adjacent to College Avenue, from approximately Prospect Road south to Harmony Road, as well as the Foothills Mall, make up Midtown. In total, the corridor spans slightly over three miles. Today, Midtown is an active place with a wide range of commercial activities and a limited amount of residential and institutional uses. Automobile dealerships make up a significant portion of the business mix, while big box retailers dominate the shopping offer. Within the last few years, there has been renewed commitment to and interest in supporting a revitalized Midtown with a focus on a long-term strategy to support the growth of the district, both physically and economically. THE VISION FOR MIDTOWN Midtown is on the cusp of big change. With the opening of the new Foothills Mall and significant investment taking place throughout the corridor, stakeholders envision a refreshed future for the district, one that reinvigorates the area with destination retail, higher-density development, commercial opportunities and unique urban living opportunities. A distinctive identity, placemaking, events, activities and people-oriented uses will create a new shopping and entertainment hub in the heart of Fort Collins, providing distinctive options and opportunities for locals and visitors to the community. THE BID’S ROLE IN MIDTOWN The development of the Midtown BID provides an opportunity to create a sustainable funding source to leverage public sector investments and provide private sector stakeholders in the area with a stronger platform through which to advocate for – and directly fund – needed improvements as Midtown comes into a new era. The Midtown BID will:  Create a collective voice to accomplish the goals of the neighborhood, provide leadership for the neighborhood, and champion the vision of Midtown.  Serve as the activator of the Midtown neighborhood, providing programming, marketing and activities year-round.  Purposefully improve and advance Midtown and facilitate economic growth and overall increased vitality in Midtown.  Develop and establish Midtown’s character and personality, communicate it succinctly, and bring it to life.  Create synergistic relationships with the City of Fort Collins to create an accessible and desirable place for locals and visitors. EXHIBIT E e Packet Pg. 123 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) 2  Find interesting, active and creative uses for shops, sidewalks and open spaces that can boost the economy, thus diversifying the mix and adding new business opportunities.  Provide awareness, recognition, promotion and education about Midtown.  Keep Midtown safe, clean and welcoming.  Be an administrative umbrella that brings the neighborhood together and maximizes funding opportunities for the future of Midtown. BID BOUNDARIES The Midtown BID includes parcels fronting South College Avenue from Drake Road in the north to Boardwalk Drive in the south, as well as those fronting East Foothills Parkway between East Swallow Road and South College Avenue in the City of Fort Collins, County of Larimer, State of Colorado, and illustrated by the boundary attached in EXHIBIT A. These boundaries are more particularly described by the attached database of parcels within the BID boundaries and their legal descriptions as EXHIBIT B. BID SERVICES The specific services that the BID will fund have been developed and prioritized by the business and property owners of Midtown, and include:  Midtown Promotion, Management, and Business Support: The BID will be the go-to resource for Midtown, providing leadership and business support, while championing stakeholders’ needs to create an environment that’s welcoming to the larger community and visitors. Projects to support the stakeholders will include: - Dedicated staff that can manage Midtown, advocate for Midtown needs, and focus on leveraging resources and improvements for the area. - Promotion of Midtown commercial sector development that supports strategic economic growth and creates a vibrant environment in which Midtown businesses can thrive. - Supplementing the BID budget and identifying strategic funding opportunities to leverage and enhance the base assessments collected from year to year. - Building partnerships and developing strategies to increase community participation, leadership and coordination, including specifically partnerships with the City of Fort Collins, the Fort Collins Downtown Development Authority, and the Downtown Fort Collins Business Association. - Providing business support for Midtown businesses, serving as the “concierge” for all things Midtown and helping businesses succeed by providing them with useful tools and resources, including tracking policies, data, and other useful information. - Shaping the retail, restaurant and overall storefront experience in Midtown by developing and implementing a strategy for strengthening the offer on the ground level and enhancing the existing business mix in Midtown.  Midtown Branding, Marketing, and Activation: The BID will develop and deliver a unique experience that encourages locals and visitors to explore Midtown and establish a strong identity that is recognizable and highlights the distinctive Midtown offer. Projects will include: - Development of an authentic, compelling and clear brand for Midtown that uniquely identifies its offer and potential. - Producing targeted marketing and messaging to the community and visitors. - Developing year-round programming, events and activities that draw in diverse demographic groups to experience and explore Midtown and give them a reason to stay, explore and spend money in the district. e Packet Pg. 124 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) 3 - Facilitating events that drive traffic into businesses and leveraging partnerships with Midtown stakeholders. - Public and community relations in support of growing the Midtown corridor that help promote why Midtown is a destination in its own right.  Midtown Placemaking and Maintenance: The BID will work to activate the public realm in Midtown and develop a clean, safe and friendly environment, offering enhancements and amenities that create a welcoming destination and support larger-scale infrastructure projects proposed for the area. Projects will include: - Creation of a unique Midtown ambiance and sense of place that is safe, accessible, walkable and easy to park. - Development of a unifying aesthetic for Midtown’s public spaces and right of way through the addition of public realm amenities throughout Midtown, including more benches, bike racks, public art and trash/recycling cans. - Investments in unique Midtown wayfinding signage and gateways that create a sense of place and help guests explore the area whether by car, by bicycle, or on foot. - Adding color and vibrancy to the district by funding banners, holiday lighting and public art. - Sidewalk cleaning and power washing, litter and weed cleanup and graffiti removal as well as snow removal at intersections and critical public access areas. - Greening, including planting and maintaining flowers, pocket parks and other green spaces. - Working with City of Fort Collins to complement existing projects and maintenance efforts and to establish new synergistic opportunities. BID ASSESSMENT METHOD AND BUDGET The BID will utilize an assessment method that is based upon linear frontage of a property on College Avenue and Foothills Parkway within the BID boundary. The initial assessment will be $10 per linear foot, annually. Only commercially-assessed properties will be included. The BID will raise approximately $170,000 in its first year of operations. Additionally, the BID will have the ability to raise the assessment annually not to exceed the Consumer Price Index for all Urban Consumers (CPI-U) for the Denver-Boulder-Greeley, Colorado metropolitan area. This decision will be at the discretion of the BID board. In the first year of BID operations, it is proposed that the BID would invest resources to undertake the following five key projects: 1. Develop the Midtown brand and identity 2. Establish a Midtown-branded wayfinding and signage program, including installing gateways into the Midtown area 3. Hire full-time staff to work specifically for Midtown, serving as a liaison to stakeholders and an advocate to the City of Fort Collins on matters critical to Midtown’s future 4. Develop and implement a program of year-round events to be produced in partnership with local stakeholders 5. Design and implement placemaking enhancements, including holiday lighting, public art, banners and flowers Bringing in revenue and contributions in addition to the BID assessment will increase impact and help the organization to best leverage investments into Midtown. To that end, the BID will work to procure supporting funding from the City of Fort Collins as well as grants, donations, sponsorships, e Packet Pg. 125 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) 4 memberships, fee-for-service projects, crowdsourcing and partnerships on top of the BID special assessment. The BID Board, with City approval, would determine the annual operating budget each year of BID operations, based upon the priorities set out in this plan. Properties adjacent to, but not within the BID boundaries, may elect to participate in the BID. Upon request, the BID would provide technical assistance to help. To do so, the owners of such properties would be required to file a written petition with the City of Fort Collins, requesting that their property be included in the BID. The petition shall be accompanied by a deposit of money sufficient to pay all costs of the inclusion or exclusion proceedings. Public notice will be given, a public hearing will be held and an ordinance may be adopted by Fort Collins City Council. The determination of assessment for properties joining the BID which do not have frontage on either College Avenue or Foothills Parkway shall be assessed the same frontage rate as the rest of the BID for their particular frontage on the street they are located. BID BONDING As allowed by law, the BID may issue bonds or other multiple-year financial obligations only if the BID is authorized to do so by its operating plan, budget and its voters in a future election. The election must comply with all applicable state requirements, including the TABOR Amendment, and would limit the amount of debt that may be issued to no more than the amount that is approved by the BID voters. BID GOVERNANCE The BID statute allows for a board of 5 to 11 members who are BID electors. The Midtown BID board will initially consist of nine appointed members from the Midtown BID area. The Midtown BID recommends that City Council appoint the following initial board members: Board Member Affiliation Rationale for Inclusion on Board Steve Taylor Hot Corner Concepts Long standing Fort Collins business owner and resident who has participated in the Old Town DDA and will help represent the restaurant users along the corridor Rayno Seaser The Egg & I Long standing Fort Collins business owner and resident who has participated and will also help represent the restaurant users along the corridor Mike Dellenbach Dellenbach Chevrolet Long standing Fort Collins business owner and resident who will help represent the car dealers along the corridor David Fritzler BBVA Compass Well established and respected member of the business community who will help represent the financial e Packet Pg. 126 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) 5 institutions along the corridor Spiro Palmer Palmer Properties Long standing Fort Collins business owner and resident who will help represent the shopping centers and general businesses along the corridor Luke McFetridge NewMark Merrill Mountain States President of the SFCBA leading the efforts to form the BID and will remain on the Board to see the vision through John Gaffney Foothills Mall GM of Foothills Mall, representing a catalyst project in Midtown and demonstrating the Mall’s commitment to the BID by serving on the board Lauren DeRosa Wild Birds Long standing resident and business owner in Fort Collins and will help represent the business lessees Carrie Baumgart Markley Motors Chief Operating Officer of Markley Motors representing the car dealers in the district The terms of office shall be staggered to encourage continuity in BID governance. The maximum length of a term is three (3) years and the consecutive term limit shall be two (2) terms. After a member has fulfilled two consecutive terms, that person may not be a member of the Midtown BID governing body for three (3) years before being reappointed. BID MANAGEMENT STRUCTURE The Midtown BID expects to work with the South Fort Collins Business Association (SFCBA) to deliver its services and hire staff. The SFCBA is a 501(c)(6) organization that supports the development of Midtown Fort Collins. BID TERM BIDs in Colorado may be perpetual. However, the Midtown BID will have an initial ten-year term. This will allow for property and business owners to evaluate the BID’s effectiveness at the end of the term. If the BID is deemed successful, the BID Board will request that the City Council renew the BID by ordinance after the initial period. If the BID is not considered to be successful, it will sunset at the end of the initial term. CITY SERVICES BID services will be designed to supplement existing City services and will be in addition to City services that are currently provided in Midtown. BID services will not replace any existing City services. e Packet Pg. 127 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) 6 The Midtown BID will provide a number of benefits to the City of Fort Collins, including:  A collective leader and champion for the vision of Midtown, and clear partner with which the City can work  Help the City of Fort Collins advance its key strategic objectives  Clear economic benefits, including but not limited to: - Increased sales revenue through the activation, marketing and promotion of Midtown creating more visitors and more spending in the area - Development of Midtown as an entertainment and shopping hub - Interesting, active and creative uses for shops, sidewalks and open spaces  Opportunity to further demonstrate the commitment to Midtown outlined in the City’s Midtown Plan  Create a second activity center in Fort Collins and a “place” beyond downtown in Fort Collins for visitors and locals  Beautification of the City through a refreshed and invigorated area ANNUAL REVIEW The BID Act requires the BID to file an annual operating plan and budget with the City on or before September 30 of each year. The City will review and approve the operating plan and budget as provided by law. DISSOLUTION Under Colorado law, the BID may be dissolved following a public hearing if property owners representing at least 50% of acreage within the BID and at least 50% of total assessed value within the BID submit petitions for dissolution to City Council. City Council also retains discretion to initiate dissolution proceedings if the BID fails to submit an operating plan and budget for two successive years. COMPLIANCE WITH APPLICABLE LAWS The BID is a quasi-municipal corporation and political subdivision of the State of Colorado. Accordingly, in addition to the specific requirements of the BID Act and this operating plan, the BID shall comply with all applicable state laws including but not limited to the Colorado Open Meetings Law (Sec. 24-6-401, et seq., C.R.S.), the Local Government Budget Law of Colorado (Sec. 29-1-101, et seq., C.R.S.), the Colorado Local Government Audit Law (Sec. 29-1-601, et seq., C.R.S.), the Colorado Open Records Act (Sec. 24-72- 201, et seq., C.R.S.), and the Colorado Fair Campaign Practices Act (Sec. 1-45-101, et seq., C.R.S.). PUBLIC IMPROVEMENTS The BID Act authorizes business improvement districts to acquire, construct, finance, install, and operate “improvements,” which are defined in the BID Act to mean “public improvements” (Sec. 31-25-1203(5), C.R.S.), but only to the extent such improvements are authorized in an approved operating plan. In conformance with the BID Act, the BID shall only acquire, construct, finance, install, and operate those improvements authorized in this operating plan and any such authorized improvements shall be available and open to the public in a non-discriminatory manner. SECURITY SERVICES The BID may not provide security services as permitted by the BID Act in 2017 or 2018 or in the future without the City Council authorizing such services in an amendment of this operating plan or in a future operating plan approved by Council. e Packet Pg. 128 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) EXHIBIT A Midtown Business Improvement District (BID) Boundary e Packet Pg. 129 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) PARCEL NUMBER LEGAL DESCRIPTION 9725308010 TR K, SOUTHMOOR VILLAGE 5TH, FTC 9725243001 ALL BLK 2, THUNDERBIRD EST 9TH, TOG WITH VAC 30 FT RD ADJ SD BLK ON W, TOG WITH VAC S 30 FT DEL CLAIR RD ADJ SD BLK ON N, FTC 9725267003 LOT 3, BLK 1, REPLAT OF PT BLK 1, THUNDERBIRD EST 9TH SUB, TOG WITH VAC N 30 FT DEL CLAIR RD ADJ SD LOT ON S, FTC 9725222007 LOT 7, THUNDERBIRD EST 6TH, FTC (COMBINE 97252-22-102) 9726425001 LOT B, VILLA PUD, FTC; LESS 20140008729 9726415001 ALL POUDRE VALLEY MOTORS, FTC; LESS ROW TO FTC PER 20130064802 9726433002 LOT 2, MOURNING SUB, 2ND FIL, FTC 9736234001 TR A, SHOPKO PUD, FTC 9736205005 TR '5', OBSERVATORY HTS, FTC, LESS RD PER 832-248, LESS RD PER 95052252; LESS PALMER RETAIL MINOR SUB, FTC 9736215001 LOT 1 & W 38 FT OF LOT 2, FEENEY SUB, FTC; LESS RD ROW PER 20050011076 9726127001 LOT 1 LESS N 82 FT, & LOT 2 WALTERS, FTC 9726122001 LOT 1, HARVARD 1ST, FTC 9725312004 PT LOT 1, STRACHAN SUB, 2ND, FTC, BEG N 89 45' 30" E 111.8 FT; TH N 0 27' 15" W 31.62 FT; TH N 45 34' 15" W 26.14 FT FROM SW COR 25-7-69; TH N 45 34' 15" W 44.78 FT; TH N 0 24' 45" W 155.52 FT; TH N 89 45' 30" E 401.28 FT, TH S 0 14' 30" E 187 FT; TH S 8 9725222012 LOT 12, THUNDERBIRD EST 7TH, FTC 9726131001 LOTS 1 & 2, & E 30 FT OF LOT 3, REPLAT OF SWALLOW, FTC 9735119005 LOT 5B, CREGER PLAZA 2ND REPLAT, FTC 9735150002 LOT 2, MORELAND SUB, FTC 9726114001 LOT 1, GHENT, FTC; LESS 96030371; LESS POR TO CITY PER 20150057258. 9726100016 TR IN NE 1/4 26-7-69, BEG AT PT WH BEARS N 89 30' W 118.46 FT; S 0 30' W 30 FT; S 44 34' E 69.60 FT; S 0 19' E 257.12 FT FROM NE COR; SD PT LY ON WRLY R/W LN HWY 1; TH S 0 19' E 60 FT ALG SD WRLY R/W LN, N 89 30' W 362.4 FT; N 0 19' W 60 FT; S 89 30' E 3 9726138001 LOT 1, ED CARROLL VOLKSWAGEN-AUDI PUD, FTC 9726127004 N 82 FT LOT 1, WALTERS, FTC 9725244001 LOT 1, BLK 3, THUNDERBIRD EST 9TH, FTC 9735156001 LOT 1, OLIVE GARDEN MINOR SUB, FTC 9726423003 LOT 3, MOURNING, FTC; ALG W TR SE 1/4 26-7-69 DESC; BEG PT S LN LOT 3, MOURNING SUB N 89 43' 00" W 50 FT TO PT W LN US HWY 287, S 0 19' 00" W 870.81 FT ALG SD W LN, N 89 45' 00" W 183.33 FT FRM E 1/4 COR SD SEC 26; TH S 0 15' 00" W 35 FT, N 89 45' 00" W 9725222005 W 168 FT OF LOT 5 & THE W 18 FT OF LOT 6, THUNDERBIRD EST 6TH, FTC; LESS 20040063975 9726132001 TR A & B, SOUTH COLLEGE COMMERCIAL, FTC AND ALSO ROW VACATED BY 20110028779 9725222015 S 55 FT OF LOT 11, THUNDERBIRD EST 7TH, FTC 9725267002 LOT 2, BLK 1 REPLAT PT OF BLK 1 THUNDERBIRD EST 9TH SUB, FTC 9726414003 LOTS 3, 4, 5, 8, 9, 10, 27, 28, 29 & S 26 FT LOTS 2 & 7& S 36.91 FT LOT 30 & PT VAC MASON ST, S MESA SUB FTC, DESC AS BEG SW COR LOT 27, N 0 54' E 345.96 FT, N 89 55' E 341.14 FT, S 89 54' E 385 FT, S 0 5' E 334.95 FT, TH ALG ARC 15 FT RAD CUR R, 23.61 F 9726414001 LOT 1, LOT 6, PT LOTS 2, 7, AND 32, PT VAC S MASON ST, HIGH ST, AND S COLLEGE FRONTAGE RD, SOUTH MESA SUB FTC DESC: BEG AT SW COR SD LOT 32, TH N 89 55' 00" E 338.24 FT; TH S 00 05' 00" E 169.11 FT; TH S 89 54' 00" E 395.74 FT; TH N 09 57' 30" E 22.91 FT 9726414011 LOT 11 & E 9 FT OF LOT 12, S MESA, FTC 9725330002 LOT 2, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9735150001 LOT 1, MORELAND SUB, FTC 9735110002 COMM AT NE COR OF LOT 1, BLK 1, REPLAT OF LOTS 1, 2, 3 & 4, CREGER PLAZA SUB; TH S 45 04' 34" E 42.14 FT; TH S 00 01' 26" W 601.79 FT; TH ALG TH ARC OF A CURVE TO R, RAD 15 FT, C/A 90 22' 55", L/C BEARS S 45 12' 54" W 21.28, A DIST OF 23.66 FT; TH N 89 3 9735110001 COMM AT NE COR OF LOT 1, BLK 1, REPLAT OF LOTS 1, 2, 3 & 4, CREGER PLAZA SUB; TH N 89 43' 14" W 63.38 FT TPOB; TH S 27 27' 45" E 70.37 FT; TH S 40 53' 13" E 83.72 FT; TH S 00 00' 00" E 17.16 FT; TH N 90 00' 00" W 63.49 FT; TH N 00 00' 00" E 9.70 FT; TH N 9726434001 LOT 1, MATTERHORN PUD, FTC 9736232001 BEG AT NW COR LOT 7, OBSERVATORY HTS, FTC, S 138.4 FT ALG SEC LN, S 89 51' E 56.4 FT TO E LN HWY 287 TPOB, S 89 51' E 301 FT, S 0 39' E 140.2 FT, N 70 22' W 109.63 FT, S 85 37' W 200.8 FT TO E LN HWY 287, N 0 24' E 119.47 FT TPOB; LESS ROW MITCHELL DR P 9726434002 LOT 2, MATTERHORN PUD, FTC 9726139001 TRACT A, PASTOR SUB, FTC 9725222001 LOT 1, THUNDERBIRD EST 6TH, FTC; LESS 97024358 9726124001 ALL NATIONAL, FTC 9726439001 LOT 1, RICHIE`S EXPRESS CARWASH SUBDIVISION, FTC (2001063512); LESS 20140013073 9736249003 LOT 1, TR C, 1ST REPLAT SHOPKO PUD, FTC 9726137002 LOT 1B LESS N 10 FT, REPLAT OF LOT 1, HARVARD SUB, 2ND,FTC 9726137001 LOT 1A & N 10 FT LOT 1B, REPLAT OF LOT 1, HARVARD SUB, 2ND, FTC 9735109005 E 135 FT OF LOT 5, RCD PLAZA SOUTH SUBDIVISION, PUD, FTC 9736215003 LOTS 3 & 4, FEENEY SUB, FTC 9725222016 PT LOT 14, THUNDERBIRD EST 7TH, FTC, ALSO PT THUNDERBIRD EST 9TH, FTC DESC AS BEG AT PT WH BEARS S 0' 45" E 1379.56 FT, E 95 FT FROM NW COR 25-7-69, E 120 FT, S 150 FT, W 135 FT, N 0 0' 45" W 135 FT, TH ALG ARC 15 FT RAD CUR R, 23.57 FT, L/C N 44 59' 38" 9725312002 PT OF LOT 1, STRACHAN SUB 2ND, FTC, DESC: BEG AT A PT ON N LN OF E HORSETOOTH RD WH BEARS N 89 45' 30" E 111.80 FT & N 00 27' 15" W 31.62 FT & N 45 34' 15" W 26.14 FT & N 89 45' 30" E 368.97 FT FROM SW COR OF 25-7-69, TH N 00 14' 30" W 187 FT 9725331010 TRACT J, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725330017 LOT 17, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725333003 TRACT C, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510); LESS POR IN TAX DISTRICT 11002 ON PARCEL 97253-33-018 9725332011 LOT 11, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510) 9725332019 LOT 19, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510) 9725330009 LOT 9, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725330016 LOT 16, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725332018 LOT 18, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510) 9725330010 LOT 10, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9736248001 LOT 1, FIRST REPLAT, 1ST CHOICE BANK OF FORT COLLINS, FTC 9736232001 TR A, TOYS "R" US/WESTERN AUTO PUD, FTC 9726123002 LOT 2, HARVARD 2ND, FTC 9726100034 TR IN 26-7-69, BEG AT E 1/4 COR, N 89 43' W 50 FT TO W ROW HWY 287 (S COLLEGE AVE), N 0 19' E ALG W ROW LN 818.33 FT TPOB, N 0 19' E ALG SD W ROW LN 200 FT, N 89 43' W 370 FT, S 0 19' W 200 FT, S 89 43' W 370 FT, S 0 19' W 200 FT, W 89 43' E 370 FT TPOB, 9725222008 LOT 8, THUNDERBIRD EST 6TH, FTC 9725300003 LOT 3, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725327001 LOT 1, STRACHAN SUB, 5TH FIL, FTC e Packet Pg. 131 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 166, 2017, 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 $42,614 of prior year reserves for a rebate to Woodward, Inc. for 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 Improvement Expansion Fees and Utility PIF Fees (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 not reached by December 31, 2020. 7 Packet Pg. 132 Agenda Item 7 Item # 7 Page 2 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 2016. The rebate amount of development fees for the period January 1 through June 30, 2016, was minimal and is being included with the request for fees from July 1, through December 31, 2016. Year to Date 2016 Development Fees 100% CIE Fees 50% Utility PIF 50% Use Tax 80% Not Eligible for Rebate Total Total Fees Collected $3,884 $0 $0 $83,924 $1,175 $88,983 Rebate Owed 3,884 0 0 67,139 N/A 71,023 Rebate Eligible for Payment - 60% 2,330 0 0 40,284 N/A 42,614 Rebate Holdback - 40% 1,553 0 0 26,856 N/A 28,409 Backfill 0 0 0 17,511 N/A 17,511 For the application period, Woodward earned a total of $71,023 in rebates. Of that amount, 40% is held back pending the aforementioned employee level requirements. The remaining 60% which totals $42,614 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 current number of employees within the City is approximately 915. The number is anticipated to increase upon completion of the Drake/Lemay renovation. 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 CITY FINANCIAL IMPACTS The total rebate amount is $42,614. The full amount will come from prior year General Fund Reserves and will be appropriated for the purpose of remitting the rebate to Woodward. 7 Packet Pg. 133 -1- ORDINANCE NO. 166, 2017 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, 2016, through December 31, 2016, for Development Fee and Use Tax eligible reimbursements is $42,614; and WHEREAS, in accordance with the terms of the Agreement, staff is requesting appropriation of $42,614 from General Fund prior year reserves for these reimbursements to Woodward; 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, City staff have determined that the appropriations as described herein are available and previously unappropriated in the General Fund; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 134 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of FORTY-TWO THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($42,614) to reimburse Woodward for Development Fees and Use Tax as required by the Agreement. Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 135 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Carrie Daggett, City Attorney Ginny Sawyer, Policy and Project Manager Tyler Marr, Policy and Project Analyst SUBJECT First Reading of Ordinance No. 167, 2017, Amending Section 2-568(c)(2) of the Code of the City of Fort Collins Pertaining to Rules of Conduct Applicable to Councilmember Conduct. EXECUTIVE SUMMARY The purpose of this item is to amend Section 2-568(c)(2) of the City Code to add clarifying language that limits Councilmember interaction with City officers and employees regarding matters for which a conflict of interest has been declared. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 2-568 of the City Code establishes the ethical rules of conduct for officers and employees of the City. The Ethics Review Board met on February 7, 2017, February 14, 2017, March 21, 2017, and November 7, 2017, to review, address and clarify restrictions and permitted actions of Councilmembers with conflicts of interest. Code Section 2-568(c)(2) currently prohibits a Councilmember from representing any person or interest before the City Council or any board or commission of the City. The Ordinance amends Code Section 2-568(c)(2) to further address and clarify the limitations that apply once a Councilmember has declared a conflict of interest to prohibit that Councilmember from discussing with or attempting to influence any City officer or employee, and from representing any person or interest before Council or another City officer or employee. The proposed language establishes an exception for a Councilmember representing his or her own interest or that of a relative, as long as other ethics requirements are met. This amendment implements a recommendation in Ethics Opinion 2016-01 and 2017-01 to clarify this provision in the City Code. BOARD / COMMISSION RECOMMENDATION The Ethics Review Board recommends adoption of the Ordinance. PUBLIC OUTREACH The Ethics Review Board conducted several public meetings regarding this item on February 7, 2017, February 14, 2017, March 21, 2017, and November 7, 2017. 8 Packet Pg. 136 Agenda Item 8 Item # 8 Page 2 ATTACHMENTS 1. Ethics Opinion 2016-01 (PDF) 2. Ethics Opinion 2017-01 (PDF) 3. Ethics Review Board Meeting Minutes, February 7, 2017 (PDF) 4. Ethics Review Board Meeting Minutes, February 14, 2017 (PDF) 5. Ethics Review Board Meeting Minutes, March 21, 2017 (PDF) 6. Ethics Review Board Meeting Minutes, November 7, 2017 (DOCX) 8 Packet Pg. 137 ATTACHMENT 1 8.1 Packet Pg. 138 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 139 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 140 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 141 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 142 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 143 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 144 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) 8.1 Packet Pg. 145 Attachment: Ethics Opinion 2016-01 (6231 : Ethics Review Board) ATTACHMENT 2 8.2 Packet Pg. 146 Attachment: Ethics Opinion 2017-01 (6231 : Ethics Review Board) 8.2 Packet Pg. 147 Attachment: Ethics Opinion 2017-01 (6231 : Ethics Review Board) 8.2 Packet Pg. 148 Attachment: Ethics Opinion 2017-01 (6231 : Ethics Review Board) Ethics Review Board Meeting Minutes February 7, 2017 3:15 p.m. Members in Attendance: Board members Ray Martinez, Gino Campana and Kristin Stephens and Ross Cunniff (alternate) Also Present: Kevin Jones, Fort Collins Chamber of Commerce; Staff in Attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal; A meeting of the City Council Ethics Review Board (“Board”) was held on Tuesday, February 7, 2017, in the City Attorney’s Office Large Conference Room, to review and recommend City Code amendments in follow up to and as discussed in Ethics Opinion 2016-01, and consideration of an inquiry by Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding the question of whether a Councilmember is allowed to discuss with City staff a matter regarding which a conflict has been declared upon filing a conflict of interest disclosure. The meeting began at 3:18 p.m. The Board reviewed the Agenda which contained the following items: 1. Appointment of Chair for Meeting of the Ethics Review Board for February 7, 2017, Meeting. 2. Review and approval of the October 4, 2016 Minutes of the Ethics Review Board. 3. Review and recommend City Code amendments in follow up to and as discussed in Ethics Opinion 2016-01. 4. Consideration of an inquiry by Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding the question of whether a Councilmember is allowed to discuss with City staff a matter regarding which a conflict has been declared upon filing a conflict of interest disclosure. 5. Other Business. 6. Adjournment. The Board discussed appointment of a permanent chairperson for the meetings. Councilmember Campana nominated Councilmember Ray Martinez to chair the meetings. Councilmember Stephens seconded the nomination and Councilmember Martinez accepted the role of chairperson with the unanimous consent of the Board. Chair Martinez stated that this was an Ethics Review Board meeting on February 7, 2017 at 3:15 p.m., and after roll call, declared that all members of the Board were present. Ross Cunniff was also present, although not participating as a Board member until later in the meeting. ATTACHMENT 3 8.3 Packet Pg. 149 Attachment: Ethics Review Board Meeting Minutes, February 7, 2017 (6231 : Ethics Review Board) 2 Chair Martinez called for the approval of the October 4, 2016, Minutes of the Ethics Review Board. Chair Martinez asked the Board if anyone had questions or motions. Chair Martinez made a motion to approve the October 4, 2016, Minutes. Councilmember Camapana seconded the motion. The Board unanimously approved the October 4, 2016, Minutes. Chair Martinez called for the second agenda item, review and discussion of draft City Code and Charter amendments discussed in Ethics Opinion 2016-01. City Attorney Daggett stated there were a few edits requested at the last meeting. Ms. Daggett stated she sent out tracked changes to Councilmembers in December and there were no concerns voiced but she wanted to give the committee a chance to formally approve and recommend this version. Ms. Daggett did note it was discussed at Leadership Planning Team that a question was raised about whether there should be public outreach about the Code changes before presenting the ordinance to Council for consideration. Members of the Board indicated they did not think an outreach was needed. City Attorney Daggett stated conflict issues affect all board and commission members and indicated she had discussed with the City Clerk whether a “super issues” meeting would be practicable. Ms. Daggett indicated that there was just a “super issue” meeting on February 6, 2017. Councilmember Campana stated he did not think an outreach was necessary but suggested putting the ethics opinion and Code provisions in new educational materials for on-boarding for board members which would provide additional clarity. Councilmember Martinez agreed it should provided as part of their training materials. Councilmember Campana made a motion to approve proposed amendments to City Code Section 2-568. Councilmember Stephens seconded the motion. The Board unanimously approved the changes to Code Section 2-568. Chair Martinez stated the next item was consideration of an inquiry by Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding the question of whether a Councilmember is allowed to discuss with City staff a matter regarding which a conflict has been declared upon filing a conflict of interest disclosure. City Attorney Daggett noted for the record that Councilmember Campana was no longer acting as a member of the Board and Councilmember Cunniff was participating in his role as alternate. City Attorney Daggett stated the question was raised in part because of the decision and evaluation last summer of the actual effect of the Charter related to conflict of interest and how 8.3 Packet Pg. 150 Attachment: Ethics Review Board Meeting Minutes, February 7, 2017 (6231 : Ethics Review Board) 3 that limits a board member or Councilmember’s activities under the Charter when a conflict has been declared. Ms. Daggett explained the focus of that discussion was distinguishing and participating in an individual or personal capacity. The analysis and interpretation in that opinion is that Charter really limits performance of functions, influencing decisions and participating as member of the Council. That opens up questions as to what other activities are permissible. Ms. Daggett explained the Code has a provision that says a Councilmember shall not represent any person or interest before the Council or any City board or commission. However, it does not address whether a Councilmember in his or her personal capacity as an individual can interact with City staff on an issue. In a nutshell, that is what the question is really about. Ms. Daggett stated there is a limit that is clear in the Code about a Councilmember with a conflict and prohibiting that person from interacting with Council or a board or commission but it does not address that Councilmember’s interactions with city staff. Chair Martinez asked if this was pertaining to personal business. City Attorney Daggett stated yes, in this case the issue was really about a Councilmember who has a conflict, was not participating as a Councilmember and now wants to be able to express personal opinions and work with staff on policy or other issues. There are some parts of the Code and Charter that bear on this to some extent. Ms. Daggett stated there was a provision adopted in 2014 that prohibits officers/employees from seeking special treatment, so clearly there is a limit to those activities. Ms. Daggett explained there is a Charter provision which may or may not bear on this question but which provides Councilmembers, except for purposes of inquiry, shall deal with the administrative services of the City solely through the City Manager and shall not give orders to subordinates of City Manager. It is unclear whether that Charter provision intends to address activities of a Councilmember speaking personally in his/her individual capacity rather than as a Councilmember giving direction to City staff on an issue. Ms. Daggett summed up there was some ambiguity here and her sense is that this is why Councilmember Campana has asked this question. Councilmember Stephens asked for clarification if this question would be about a personal or business matter. City Attorney Daggett stated the question could go to either situation and perhaps Councilmember Campana could explain the nature of the question. Councilmember Campana stated he recused himself from a topic and staff reached out to him as a professional in the industry that staff wanted professional input from. Councilmember Campana stated he has not responded and does not know how to react to this question. Mr. Campana stated it was suggested he be contacted by the Finance Committee, which probably did not know he had recused himself. Councilmember Cunniff stated that it seemed risky to him for a Councilmember, whoever that may be, who has recused himself on a matter because of a conflict of interest, to be giving policy advice to staff. 8.3 Packet Pg. 151 Attachment: Ethics Review Board Meeting Minutes, February 7, 2017 (6231 : Ethics Review Board) 4 Councilmember Stephens stated her concern is that if you have recused yourself and you are not part of the policy discussion but you are still part of that policy discussion behind the scenes that gives the impression of something happening behind the scenes and not in front of Council. City Attorney Daggett stated another angle to look at this is to say, when Council adopted Code Section 2-568(c)(2), what was intended? City Attorney Daggett read Code Section 568(c)(2). Ms. Daggett stated it did not expressly state that Councilmembers shall not represent any personal interest in dealings with City staff in matters that will come to Council or a board or commission, and it may not have intended that. Ms. Daggett asked, was this part of the intent or envisioned by this section? City Attorney Daggett stated the language in the Code was to define council-driven expectations. Ms. Daggett explained there is a provision in the Code now that was put in by Council, so there may be an area where Council can adopt language for further clarification or interpret it as is and determine there is no desire for the Code to say anything different. This issue may come up more frequently under most recent ethics opinion of Charter about participating in discussions. Ms. Daggett stated that the Charter provision applies to all board members, commission members and Councilmembers. Ms. Daggett believes the stricter treatment of Councilmembers in the Code that goes beyond what the Charter provides was motivated by the sense of basic ethical expectations dictating stricter treatment in some instances. Councilmember Campana stated he believed additional language should be added to the Code Section 2-568(a)(1) previously discussed. Councilmembers Campana and Martinez discussed adding the word “directly” to Code language. City Attorney Daggett asked if all were more comfortable in reopening item 2 under agenda looking at this Code language? Councilmember Campana stated he thinks City Attorney Daggett is right in that the answer goes to item 2 on the agenda, and the Board may want to discuss further, in the previously discussed ordinance, revisions to the proposed ordinance and apply it to the question. City Attorney Daggett explained that this language “attempt to influence” does not apply to Councilmember contacts. Councilmember Cunniff suggested that the “attempt to influence” language would probably say, “attempt to influence or influence, as it pertains to this Section, shall mean take any action intended instead of the previously discussed calculated, to impact, shape, control, sway, bias or prejudice.”, because the word calculated is a little vague. City Attorney Daggett stated that this language in that Section (§2-568(a)(1)) of the Code is still only addressing board or commission members. If the desire is to clarify in Code what Councilmembers may do, then the Board would need to look at Section 2-568(c)(2) which talks 8.3 Packet Pg. 152 Attachment: Ethics Review Board Meeting Minutes, February 7, 2017 (6231 : Ethics Review Board) 5 about what Councilmembers can do. Ms. Daggett stated there is potential confusion from the Code because it only talks about Councilmembers contacts with Council and boards, and does not answer what Councilmember can do with staff. City Attorney Daggett explained that Code Section 568(c)(2) – could say, no Councilmember shall attempt to influence the City Council or any board or commission of the City. City Attorney Daggett stated her recommendation would be to address this provision by separate ordinance rather than modify the previously drafted ordinance, because it relates to Ethics Opinion 2016-01 from last July. She indicated a separate ordinance could be ready to approve with the already drafted one. Ms. Daggett further explained if the Board renders an opinion that includes a recommendation for a Code change, the opinion would need to go to Council for approval by resolution but the ordinance could be considered at the same time. Ms. Daggett inquired the Board’s opinion regarding what restrictions apply in the interim period before a Code change. Councilmember Cunniff stated it is not explicitly prohibited by the current Code and Charter provisions for Councilmember Campana to answer staff’s question. Councilmember Cunniff stated he believed this was a consensus of the Board. City Attorney Daggett indicated she would include as part of the opinion a recommendation that Council clarify the section regarding Councilmembers. Under Other Business in the Agenda, Councilmember Cunniff moved that the question that Councilmember Campana had is not directly raised in the Code or Charter and therefore his answering staff questions is not prohibited. The Board unanimously approved Councilmember Cunniff’s motion. City Attorney Daggett stated she would draft the opinion, circulate it among the Board and schedule another 15 minute meeting to circle back and approve the language. Ms. Daggett stated her understanding of what the Board desired for Code language to say is along the following lines: “No Councilmember shall influence or attempt to influence directly or indirectly, the City Council or any commission or board of the City regarding any matter that which that Councilmember has declared a conflict of interest.” City Attorney Daggett asked the Board to go back and reconsider the previous unanimous vote and for Councilmember Cunniff to be the alternative board member for Councilmember Campana. Councilmember Campana made a motion to reconsider Code Section 2-568 proposed changes. Councilmember Stephens seconded the motion. All board members unanimously approved the motion. 8.3 Packet Pg. 153 Attachment: Ethics Review Board Meeting Minutes, February 7, 2017 (6231 : Ethics Review Board) 6 Councilmember Stephens left the meeting and Councilmember Campana returned to the discussion of the Board. City Attorney Daggett stated her understanding that the desired Code amendment would change the definition of influence or attempt to influence and substitute the word intended where it previously said calculated so it would read, “Attempt to influence or influence, as it pertains to this Section, shall mean take any action intended to impact, shape, control, sway, bias or prejudice.” Chair Martinez stated let the record reflect the Board unanimously approved the Motion. Councilmember Campana asked City Attorney Daggett if he should wait to talk with staff. City Attorney Daggett stated that technically, the opinion is not in force until Council acts on it – which it cannot do at tonight’s Council session, but would be asked to consider on February 21. Councilmember Campana stated he would hang tight until then. Chair Martinez asked the Board if there was other business. City Attorney Daggett noted she would work on drafting an opinion for Board review, would modify the previously drafted ordinance, and would prepare a new ordinance per the Board’s action. She indicated she would work with staff to schedule a Board meeting for review of the new materials prior to the print deadline for the February 21 meeting (February 15). The Board voted unanimously to adopt Chair Martinez’s Motion to adjourn the meeting. Meeting adjourned at 4:06. ________________________________________ Carrie M. Daggett, City Attorney 8.3 Packet Pg. 154 Attachment: Ethics Review Board Meeting Minutes, February 7, 2017 (6231 : Ethics Review Board) Ethics Review Board Meeting Minutes February 14, 2017 5:00 p.m. Members in Attendance: Board members Ray Martinez, Gino Campana and Kristin Stephens and Ross Cunniff (alternate) Also Present: Kevin Jones, Fort Collins Chamber of Commerce; Staff in Attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal; A meeting of the City Council Ethics Review Board (“Board”) was held on Tuesday, February 14, 2017, in the City Attorney’s Office Large Conference Room, to review and recommend City Code amendments in follow up to and as discussed in Ethics Opinion 2017-01, and continued consideration of an inquiry by Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding the question of whether a Councilmember is allowed to discuss with City staff a matter regarding which a conflict has been declared upon filing a conflict of interest disclosure. The meeting began at 5:00 p.m. The Board reviewed the Agenda which contained the following items: 1. Review and approval of the February 7, 2017 Minutes of the Ethics Review Board. 2. Review and Approval of draft Ethics Opinion 2017-01, with continued consideration of an inquiry by Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding the question of whether a Councilmember is allowed to discuss with City staff a matter regarding which a conflict has been declared upon filing a conflict of interest disclosure. 3. Revie and recommend City Code amendments in follow-up to and as discussed in Ethics Opinion 2017-01. 4. Other Business. 5. Adjournment. Chair Martinez stated that this was an Ethics Review Board meeting on February 14, 2017 at 5:00 p.m., and after roll call, declared that all members of the Board were present. Also present were Carrie Daggett, City Attorney, Jeanne Sanford, Paralegal, Kevin Jones, Fort Collins Chamber of Commerce. Ross Cunniff, as alternate, was also present. Chair Martinez called for the record reflect that Councilmember Cunniff, as alternate, was acting on the Board and Councilmember Campana was acting as audience member, excluding his participation on item 2. ATTACHMENT 4 8.4 Packet Pg. 155 Attachment: Ethics Review Board Meeting Minutes, February 14, 2017 (6231 : Ethics Review Board) 2 Chair Martinez called for the approval of the February 7, 2017, Minutes of the Ethics Review Board. Councilmember Cunniff made a motion to approve the February 7, 2017, Minutes. Councilmember Stephens seconded the motion. The Board unanimously approved the February 7, 2017, Minutes. Chair Martinez called for and read the second agenda item, which was review and discussion of draft Ethics Opinion 2017-01, with continued consideration of an inquiry by Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding the question of whether a Councilmember is allowed to discuss with City staff a matter regarding which a conflict has been declared upon filing a conflict of interest disclosure. City Attorney Daggett explained this was the first draft of Ethics Opinion 2017-01 based on discussion from last Tuesday. Ms. Daggett stated there had not been specific discussion about Article 2, Section 13 of the Charter which contains the language limiting Councilmembers dealing with administrative services City, except through the City Manager. Ms. Daggett further explained that implicitly from things being discussed, she took from the Board discussion that it was the interpretation that was intended to imply as pertaining to Councilmember activities as opposed to as an individual citizen. Ms. Daggett stated she wrote about that because it was implied by what the Board talked about but since there was not specific discussion regarding that specifically, she wanted to bring that to the Board’s attention. Ms. Daggett asked the Board to look at Page 2 under Board Conclusions and Recommendations. Ms. Daggett stated the Article 2, Section 13 of the Charter is not intended to limit every interaction with City organization by a person who is a Councilmember. Ms. Daggett directed the Board take a particularly close look at that to make sure everyone was comfortable with that. Councilmember Cunniff stated it was consistent with his understanding of a professional role. Mr. Cunniff explained that professional role actually covers the situation the Board discovered last meeting with Councilmember Campana’s question of staff asking him for feedback in his professional role. City Attorney Daggett explained this ethics opinion was not as extensive as other opinions in the past in the areas of analysis and discussion, since this situation was more of a discussion about looking at the requirements that are in Charter and Code. Ms. Daggett explained that since drafting the ethics opinion and related Code language, she did a further review and thought the Board needed to take a slightly more refined approach. Ms. Daggett stated she understood the Board wants to see the ethics opinion language change, but the absolute language discussed last week would prevent Councilmembers from protecting their own interests in any way in the four (4) years they are on Council which could become an issue for someone. For example, if a Councilmember’s property was taken for a project which they have declared a conflict and are not acting as Councilmember, it would be hard for that 8.4 Packet Pg. 156 Attachment: Ethics Review Board Meeting Minutes, February 14, 2017 (6231 : Ethics Review Board) 3 Councilmember to protect his/her interests without directly or indirectly attempting to influence. Ms. Daggett explained the current language creates an opening that eliminates the clarity talked about before, but is suggesting it because it most likely creates an indefensible barrier to someone protecting their own interests and exercising their first amendment rights to protecting their own interests when they have no other way to do that. Councilmember Cunniff asked if there was a way to narrow it down to matters under appeal in quasi-judicial. Ms. Daggett explained that the place where she was trying to narrow it down was where it said, “the prohibition shall not apply if the subject matter of the conflict is an individual and personal matter of the Councilmember.” Councilmember Cunniff stated he felt more comfortable being explicit with that because on policy level issues, there is normally not the opportunity for individual citizens to have a structured role in discussions with City Council and restricting City Council from participating in general public comments seems consistent with the intent of Charter. Ms. Daggett suggested one way to get past the ethics opinion piece is she could make the discussion in #3 more general suggesting the change to Code and move on from there. Councilmember Cunniff approved of this idea. Councilmember Campana stated his intent to finalize the Opinion, reconvene and work on Code changes next meeting. Mr. Campana stated it would be best to wrap this up before April 4 th . City Attorney Daggett stated her suggestion to modify #3 would be to say, “the Board recommends that the Board further consider a recommendation to Council to amend City Code Section 2-568(c)(2) to more clearly address the actions permitted.” Chair Martinez asked if City Attorney Daggett could work on alternative language and she stated she would. Councilmember Cunniff stated the big picture is to develop language that allows a Councilmember to directly or indirectly represent their personal property interests without basically completely nullifying the conflict of interest provision. City Attorney Daggett agreed. City Attorney Daggett stated if you start out with the interpretation of Charter that says that a Councilmember cannot influence, then she wanted to make clear we are tightening down from there. Ms. Daggett stated she was not deviating from Charter, but defining the outlines of what Council thinks is appropriate. Ms. Daggett stated she would be happy to work on and present different options for the Board to look at. 8.4 Packet Pg. 157 Attachment: Ethics Review Board Meeting Minutes, February 14, 2017 (6231 : Ethics Review Board) 4 Chair Martinez stated he would like that and that he did not think you could tell an elected official they cannot protect their own property interests. Councilmember Cunniff brought up a zoning issue that is coming up by his house and he would like an ethics opinion on whether this will require him to recuse himself. Mr. Cunniff stated his property will be in within the notification area, but they are not rezoning the property. Mr. Cunniff also suggested saving this issue until it comes forward. The Board discussed the similar situation which came up with the mall redevelopment. City Attorney Daggett stated the gist of the situation which came up with the mall redevelopment project was that the mere fact you are in a notice area does not necessarily mean you have a conflict, but certain circumstances could create a conflict. Councilmember Cunniff stated it was important to take this issue all the way through to conclusion. City Attorney Daggett asked if the Board was prepared to approve the ethics opinion to get it on the agenda next Tuesday night. Councilmember Cunniff made the motion to approve the Ethics Opinion 2017-01 and Councilmember Stephens seconded the motion. The Board unanimously approved Ethics Opinion 2017-01. Councilmember Campana asked if he should fill out a new conflict form and City Attorney Daggett stated he could do that. Chair Martinez read the next agenda item which was review and recommend City Code amendments and follow up to and as discussed in Ethics Opinion 2017-01. City Attorney Daggett stated she felt there was a desire to see different permutations to this to get to the idea of the matter of things uniquely affecting Councilmembers but not other citizens. Ms. Daggett stated she would work on some variations on that to compare side by side to see the issues. She is happy to do that and get out well ahead of time. Chair Martinez called for other business. As there was no other business, Chair Martinez made a motion to adjourn and Councilmember Campana seconded. The Board voted unanimously to adopt Chair Martinez’s Motion to adjourn the meeting. Meeting adjourned at 5:39 p.m. _______________________________________ Carrie M. Daggett, City Attorney 8.4 Packet Pg. 158 Attachment: Ethics Review Board Meeting Minutes, February 14, 2017 (6231 : Ethics Review Board) Ethics Review Board Meeting Minutes March 21, 2017 3:00 p.m. Members in Attendance: Board members Ray Martinez, Gino Campana and Kristin Stephens and Ross Cunniff (alternate) Staff in Attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal. A meeting of the City Council Ethics Review Board (“Board”) was held on Tuesday, March 21, 2017, in the City Attorney’s Office Large Conference Room, for review of and possible recommendation regarding City Code amendments in follow up to and as discussed in Ethics Opinion 2017-01. The meeting began at 3:00 p.m. The Board reviewed the Agenda which contained the following items: 1. Review and approval of the February 14, 2017 Minutes of the Ethics Review Board. 2. Review of and possible recommendation regarding City Code amendments in follow up to and as discussed in Ethics Opinion 2017-01. 3. Other Business. 4. Adjournment. Chair Martinez stated that this was an Ethics Review Board meeting on March 21, 2017 at 3:00 p.m., and after roll call, declared that all members of the Board were present. Also present were Carrie Daggett, City Attorney, Jeanne Sanford, Paralegal. Ross Cunniff, as alternate, was also present. City Attorney Daggett pointed out and called for the record to reflect that Councilmember Cunniff, as alternate, was not acting as a member of the Board, but rather as attending as an audience member. Councilmember Campana called for the approval of the Minutes of the February 14, 2017 meeting of the Ethics Review Board. Councilmember Campana made a motion to approve the February 14, 2017, Minutes. Chair Martinez seconded the motion. The Board unanimously approved the February 14, 2017, Minutes. Chair Martinez called for and read the second agenda item, which was review of and possible recommendation regarding City Code amendments in follow up to and as discussed in Ethics Opinion 2017-01. ATTACHMENT 5 8.5 Packet Pg. 159 Attachment: Ethics Review Board Meeting Minutes, March 21, 2017 (6231 : Ethics Review Board) 2 Discussion was made about the Agenda Item Summary sheet used in the packet. Councilmember Campana stated this was a great format to use, but perhaps change the color of the form and make sure it states Ethics Review Board in the title so it stands out next time. City Attorney Daggett stated she would like to recap the events leading up to this latest meeting. There was the ethics opinion last summer that related to board member activity after declaring a conflict. The follow on to that was a Code revision that addressed permitted board member actions after declaring a conflict and that action was adopted on 2 nd reading on March 7 th , so that action was completed. That issue had prompted a discussion about a Councilmember’s activities along with specific question that had come up related to Councilmember Campana. The question that came up was what Councilmember actions are permissible once a Councilmember has declared a conflict. City Attorney Daggett explained that currently, we have a Code provision shown as the struck out portion of the Code language the Board had in its packet. Ms. Daggett read the Code provision and explained that after the discussion in the last Ethics Review Board meeting, she was asked to explore other options, so she has provided with the Agenda Item Summary, four different examples of how this issue could be approached. Ms. Daggett further explained that Attachment 3 illustrated examples of what other Colorado jurisdictions have done on this subject. Councilmember Campana asked if other jurisdictions are allowing what the City is currently proposing. City Attorney Daggett responded that many jurisdictions are silent on the issue and this leaves open the question we have struggled with. One jurisdiction sets up a process where the remainder of council votes on whether that Councilmember should be allowed to present in front of Council. Councilmember Campana replied he did not like that as it could get very political. The Board read and discussed the options presented. Option 3 was discussed at length with questions on relatives and family members and the need to state a broad definition. City Attorney Daggett stated our Charter definition of relative includes spouse, minor children, any person claimed as a dependent for tax purposes or any person sharing expenses of a household. Definition of relative in the Charter is narrower than the list of relatives included in Option 3. Ms. Daggett stated Option 3 could be modified to strike the rest of sentence after, “….his or her own interest or that of a relative,” in order to tie in to the term “relative” as it has been defined already. City Attorney Daggett recapped what she was hearing from the Board in that there seemed to be a coalescing around option #3 modified to eliminate the laundry list of family members. Councilmember Campana made a motion to recommend to Council to adopt amendment No.3 less the text beyond “relative” in the last line. 8.5 Packet Pg. 160 Attachment: Ethics Review Board Meeting Minutes, March 21, 2017 (6231 : Ethics Review Board) 3 Chair Martinez asked if all in favor. Since there were no opposed, Chair Martinez moved to unanimously approve the amendment #3 version. City Attorney Daggett brought up the one other question which was not addressed by this language and she apologized for not jumping in sooner before the vote, but asked if there was any desire to consider interactions covered in a private vs. public setting? The Board members discussed the matter and stated they believed the language of the Code revision “before City Council or any board or commission” was clear enough and would cover that the intent is for a public setting and anything else would be construed as an attempt to influence. City Attorney Daggett stated an additional sentence would be needed to tie in everything so the amendment #3 would read as follows: “With respect to any matter regarding which a Councilmember has declared a conflict of interest, said Councilmember is prohibited from discussing with, or otherwise attempting in any capacity to influence, directly or indirectly, any City officer or employee, and from representing any person or interest before the City Council or any board of commission of the City or in dealing with any City officer or employee, except that such Councilmember may represent with any City employee or before the City Council or a board or commission of the City his or her own interest or that of a relative provided said Councilmember does not violate Section 2-568(c)(4) or (c)(5).” Councilmember Campana made a motion to modify the recently approved amendment #3 to include what City Attorney Daggett just read. Councilmember Stephens seconded the motion. Chair Martinez stated the board unanimously approved the amendment #3 as Ms. Daggett had just read it. Chair Martinez called for other business. As there was no other business, Chair Martinez made a motion to adjourn and Councilmember Campana seconded the motion. The Board voted unanimously to adopt Chair Martinez’s Motion to adjourn the meeting. Meeting adjourned at 3:44 p.m. _______________________________________ Carrie M. Daggett, City Attorney 8.5 Packet Pg. 161 Attachment: Ethics Review Board Meeting Minutes, March 21, 2017 (6231 : Ethics Review Board) 1 Ethics Review Board Meeting Minutes November 7, 2017 4:00 p.m. Members in Attendance: Board members Ray Martinez, Kristin Stephens and Ross Cunniff (as alternate). Staff in Attendance: Carrie Daggett, City Attorney; Jeanne Sanford, Paralegal, Tyler Marr, Ginny Sawyer, City Manager’s Office, Also Present: Kevin Jones, Fort Collins Chamber of Commerce. A meeting of the City Council Ethics Review Board (the “Board”) was held on Tuesday, November 7, 2017, in the City Attorney’s Office Large Conference Room, for review of recommended amendments to City Code Section 2-568(c)(2) in preparation for Council consideration. The meeting began at 4:04 p.m. The Board reviewed the Agenda which contained the following items: 1. Review and approval of the March 21, 2017 Minutes of the Ethics Review Board. 2. Review of recommended amendments to City Code Section 2-568(c)(2) in preparation for Council consideration. 3. Other Business. 4. Adjournment. Chair Martinez stated that this was an Ethics Review Board meeting on November 7, 2017 at 4:04 p.m., and after roll call, declared that a quorum of the Board was present with Ray Martinez and Ross Cunniff present to act as alternate for Ken Summers. Chair Martinez called for the approval of the March 21, 2017, Minutes. Councilmember Cunniff approved and Chair Martinez seconded with all in favor. The Board unanimously approved the March 21, 2017, Minutes. Chair Martinez then called for and read the second agenda item which was to review and recommend amendments to City Code Section 2-568(c)(2) in preparation for Council consideration. Chair Martinez called for the record to reflect that Ken Summers has asked Ross Cunniff to be alternate in this Ethics Review Board meeting. Chair Martinez and Councilmember Cunniff asked City Attorney Daggett to meet one-on-one with Councilmember Summers to bring him up to speed on the issues and to circle back to them if he had any questions. 8.6 Packet Pg. 162 Attachment: Ethics Review Board Meeting Minutes, November 7, 2017 (6231 : Ethics Review Board) 2 Chair Martinez then asked if City Attorney Daggett had any presentations. Ms. Daggett explained that part of the reason this meeting was scheduled was due to the fact that it had been since last spring since the Ethics Review Board acted on the recommendation for Code changes to go forward to Council. Ms. Daggett explained not too long after that, she received feedback calling for more public outreach on items the City Attorney’s Office was in the lead on. After a series of conversations about that particular question with the City’s Public involvement office, the group realized that part of the public process is really the Ethics Review Board and due to the fact there is a new member on the Board, staff wanted to make sure we gave the public an additional chance to chime in about this matter before it went to Council. Councilmember Cunniff asked if the draft ordinance language was the same language that was reviewed last meeting? City Attorney Daggett stated yes and as the Board will recall, there was an ethics opinion about a year ago, in which the Board noticed there really was no guidance to Council when a conflict of interest was declared and there would be a benefit to clarifying what exactly Councilmembers can and cannot do when they have declared a conflict of interest. Ms. Daggett explained there were a number of meetings on that issue, so there were many different versions of language drafted, reviewed and discussed on this topic. The Code amendment language that is stated in the March 21, 1027 Minutes is the language the Board settled on. City Attorney Daggett and Councilmember Cunniff discussed the proposed draft ordinance language and Ms. Daggett confirmed the agreed upon language is as stated in the March 21, 2017 Minutes. Ms. Daggett stated the current Charter language is very minimal and the new language adds more detail in its place. Ginny Sawyer asked City Attorney Daggett for an explanation of City Code Section 2-568(c)(4) and (5) to bring her up to speed. Ms. Daggett read the pertinent Code sections and discussed the matter. Ms. Sawyer asked if this was already a scheduled agenda item. Ms. Daggett explained that due to timing, the matter would be brought before either the December 5 th or December 19 th Council session. Ms. Daggett then noted for the record that staff members Ginny Sawyer and/or Tyler Marr would now be participating in Ethics Review Board meetings due to public outreach and the need to have staff counterparts actively work with the Ethics Review Board. Chair Martinez made a motion to adjourn and Councilmember Cunniff seconded the motion. The Board voted unanimously to adopt Chair Martinez’s Motion to adjourn the meeting. Meeting adjourned at 4:24 p.m. 8.6 Packet Pg. 163 Attachment: Ethics Review Board Meeting Minutes, November 7, 2017 (6231 : Ethics Review Board) 3 _______________________________________ Carrie M. Daggett, City Attorney 8.6 Packet Pg. 164 Attachment: Ethics Review Board Meeting Minutes, November 7, 2017 (6231 : Ethics Review Board) -1- ORDINANCE NO. 167, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-568(c)(2) OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO RULES OF CONDUCT APPLICABLE TO COUNCILMEMBER CONDUCT WHEREAS, Article IV, Section 9 of the Charter of the City establishes conflicts of interest provisions governing City officers and employees; and WHEREAS, Section 2-568 of the City Code establishes Ethical Rules of Conduct and Section 2-568(c)(2) currently prohibits a Councilmember representing “any person or interest before the City Council or any board or commission of the City”; and WHEREAS, City Code Section 2-569 establishes the Ethics Review Board (the “Review Board”) and sets out the procedures under which the Review Board operates; and WHEREAS, in 2016, the Review Board considered various questions related to the Charter and Code provisions related to conflicts of interest culminating in Ethics Opinion 2016- 01, which was adopted by the City Council in Resolution 2016-058; and WHEREAS, the Review Board met several times in 2017 to review, address and clarify restrictions and permitted actions of Councilmembers with conflicts of interest; and WHEREAS, the Ethics Review Board met on February 7 and February 14, 2017, to review and approve the draft Ethics Opinion 2017-01, responding to an inquiry by then Councilmember Campana requesting that the Board consider and provide an advisory opinion regarding whether under the City Charter and City Code City Councilmembers who have declared a conflict of interest regarding a matter may discuss that matter in his or her personal or professional capacity with City staff, which opinion was adopted by the City Council in Resolution 2017-025; and WHEREAS, the Review Board discussed specific revisions to Section 2-568(c)(2) at meetings on February 7, 2017, February 14, 2017, March 21, 2017, and November 7, 2017, and on both occasions recommended that the Council adopt the proposed amendment to the City Code as set forth herein; and WHEREAS, the City Council finds and intends that this amended language be enacted to clarify the effects of a Councilmember conflict of interest and to facilitate the enforcement of this provision. 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. 165 -2- Section 2. That Section 2-568(c)(2) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-568. Ethical rules of conduct. . . . (c) Rules of Conduct. . . . (2) No Councilmember shall represent any person or interest before the City Council or any board or commission of the City. With respect to any matter regarding which a Councilmember has declared a conflict of interest, said Councilmember is prohibited from discussing with, or otherwise attempting in any capacity to influence, directly or indirectly, any City officer or employee, and from representing any person or interest before the City Council or any board of commission of the City or in dealing with any City officer or employee, except that such Councilmember may represent with any City employee or before the City Council or a board or commission of the City his or her own interest or that of a relative provided said Councilmember does not violate Section 2- 568(c)(5) or (c)(6). . . . Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 166 -3- Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 167 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Randy Reuscher, Utility Rate Analyst Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 168, 2017, Amending Chapter 26, Articles VI and VII of the Code of the City of Fort Collins to Correct Errors in How Certain Utility Fees Formulae are Expressed Related to Electric Utility Development Fees and Single-Family Residential Stormwater Utility Fees. EXECUTIVE SUMMARY The purpose of this item is to correct two formulas relating to development charges and monthly fees for the Light and Power and Stormwater utilities. The first correction fixes an omission in the calculation of kilo-watt demand for electric capacity charges. The second correction fixes a typo in a formula used to calculate single family residential monthly stormwater fees. Both of these changes make City Code consistent with the original intent of the formulas and reflect how the fees have been calculated and billed since their adoption. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The methodology to assess Electric Capacity Fees (ECFs), the cost for new or modified electric services to buy into the electric system, was updated June 6, 2017, with the passage of Ordinance No. 068, 2017. A part of these updates included a formula to calculate kilo-watt (kW) demand for commercial customers. Currently the formula for three phase services reads: kW = A x V x SQRT(3) x PF x 0.3 And the formula for single phase services reads: kW = A x V x PF x 0.3 Where A is the requested amperage. V is requested line to line voltage. PF is the power factor, which is assumed to be 0.9. Each formula should have been divided by 1000 to put the units into kilo-watts instead of watts. The updated formula for three phase services is: kW = A x V x SQRT(3) x PF x 0.3 / 1000 And the updated formula for single phase services is: kW = A x V x PF x 0.3 / 1000 9 Packet Pg. 168 Agenda Item 9 Item # 9 Page 2 These changes make the ECF formulas consistent with the cost calculations presented to Council in the development fee work sessions on February 14, 2017, and April 25, 2017, and in the agenda item materials presented with Ordinance No. 068, 2017. Stormwater monthly fees for single-family residential lots greater than 12,000 square feet include a formula for calculating fees on the area of the lot that exceeds 12,000 square feet. This formula contains a typo that did not appear in the formula when it was adopted in Ordinance No. 141, 2006. Currently the formula reads: Remainder of monthly fee = (remaining area) × (rate factor) X=× (base rate) × (0.25) The formula should read: Remainder of monthly fee = (remaining area) × (rate factor) × (base rate) × (0.25) CITY FINANCIAL IMPACTS There are no financial impacts. BOARD / COMMISSION RECOMMENDATION Since these changes update the City Code to make it consistent with previous materials presented to boards and commissions and how these fees are currently calculated and billed, no additional presentations have been given. PUBLIC OUTREACH Since these changes update the Code to make it consistent with previous public outreach materials no additional public outreach has been done. 9 Packet Pg. 169 -1- ORDINANCE NO. 168, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26, ARTICLES VI AND VII OF THE CODE OF THE CITY OF FORT COLLINS TO CORRECT ERRORS IN HOW CERTAIN UTILITY FEES FORMULAE ARE EXPRESSED RELATED TO ELECTRIC UTILITY DEVELOPMENT FEES AND SINGLE-FAMILY RESIDENTIAL STORMWATER UTILITY FEES 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, Articles VI and VII, Chapter 26 of the City Code, respectively, establish the electric utility and stormwater utility as utility services furnished by and enterprises of the City; and WHEREAS, on October 3, 2006, City Council adopted Ordinance No. 141, 2006, which modified the stormwater utility fee charge for residential and non-residential lots, including the formula for single-family residential lots larger than 12,000 square feet; and WHEREAS, during codification of the updates in Ordinance No. 141, 2006, additional characters were added to the formula at City Code Sec. 26-514 for single-family residential lots larger than 12,000 square feet which did not appear in the ordinance as adopted; and WHEREAS, pursuant to City Code Secs. 26-473 through 26-475, the City imposes development fees for new or modified electric service connections, comprised of an Electric Capacity Fee (ECF) and a Building Site Charge, designed to recover the cost of adding new development to the electric system, and the actual time and materials costs associated with building on site electric facilities at the specific development; and WHEREAS, on June 6, 2017, City Council adopted Ordinance No. 068, 2017, which modified the ECF charge for non-residential developments by updating formulae for calculating the single-phase and three-phase service kilo-watt components of the ECF in City Code Sec. 26- 475; and WHEREAS, Ordinance No. 068, 2017 omitted a portion of the single-phase and three- phase service kilo-watt components of the ECF formulae, though the complete formulae were described by staff when that Ordinance was adopted; and Packet Pg. 170 -2- WHEREAS, the correct single-family residential stormwater utility fee and ECF have been billed and collected since the adoption of the respective updates, despite the typographical errors stated in the City Code for the two formulae; and WHEREAS, Utilities staff recommends correcting the statements of the single-family residential storm water utility fee and ECF in the City Code to conform to the intended fee formulae adopted by City Council and as have been used to calculate billings since each fee was adopted; and WHEREAS, prior to adoption of Ordinance No. 068, 2017, staff provided mail and published notice to customers of the proposed changes to the ECF charge, as required by C.R.S. §40-3.5-104; and WHEREAS, pursuant to C.R.S. §40-3.5-104 (3), City Council finds the ECF formula corrections described herein are clerical in nature, comport with the intent of Ordinance No. 068, 2017, and good cause exists for not providing renewed mail and published notice of the formula corrections, which corrections shall go into effect and be published as described in Article II, Section 7 of the City Charter; and WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the formulae stated therein of the single-family residential stormwater utility fee on lots larger than 12,000 square feet and the ECF charge for non-residential developments, as set forth herein. 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 26-475(b)(1) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-475. - Nonresidential electric development fees and charges. . . . (b) The ECF shall be the total of the kVA service charge and systems modification charge, to be determined as follows: (1) The kVA service charge shall be determined as follows. a. For customer electric loads served by the utility, the kVA service charge shall be calculated as follows: Packet Pg. 171 -3- ECF shall be calculated as follows: secondary metered services $/kW = 320.31 + 21 x ln(kW) primary metered services $/kW = 212.78 + 7.89 x ln(kW), Where ln is the natural logarithm kW is calculated as follows: three phase services kW = A x V x SQRT(3) x PF x 0.3 / 1000 single phase services kW = A x V x PF x 0.3 / 1000 Where A is the requested amperage. V is requested line to line voltage. PF is the power factor, which is assumed to be 0.9. . . . Section 3. That Section 26-514(a)(6) 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: . . . (6) Single-family residential lots or parcels larger than twelve thousand (12,000) square feet, but not larger than one-half (½) acre, shall be assessed on the basis of the first twelve thousand (12,000) square feet in accordance with the formula described in (5) above, and the remainder shall be assessed in accordance with the following formula: Remainder of monthly fee = (remaining area) × (rate factor) x=× (base rate) × (0.25). . . . Packet Pg. 172 -4- Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 173 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Tyler Marr, Policy and Project Analyst Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 171, 2017, Amending Chapter 1 of the Code of the City of Fort Collins to Create a Petty Offense Classification and Penalties for Petty Offense Violations. EXECUTIVE SUMMARY The purpose of this item is to create a petty offense category within the City Code and to classify a violation of the City's smoking ordinance as a petty offense. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Under current Code provisions, the City can either classify a code violation as a misdemeanor or as a civil infraction. Both provide benefits and are appropriate depending on the specific law being broken, as noted in the following points: • Misdemeanor offenses constitute a criminal violation of City Code. These offenses are punishable by a maximum fine of $2,830 and 180 days in jail. If someone does not appear for their court date or pay their fine, the City can issue a warrant for that person’s arrest. These offenses are a part of an individual’s criminal record and can impact people’s ability to apply for and compete for jobs. • Civil infractions offer a way for the City to fine individuals not acting in accordance with less serious portions of the City Code. These infractions are not criminal in nature, do not appear on a person’s criminal record, and are punishable by a maximum fine of $2,830. The City is unable to issue a warrant when an individual does not pay their fine, which poses some operational challenges of collecting fine dollars. During discussions related to the revisions of the downtown smoking ordinance, it was mentioned by several stakeholder groups that a violation of the smoking ordinance should not be criminal in nature. Additionally, state law indicates that violations of state smoking law provisions shall be punishable by nothing less severe than a petty offense. Given potential conflict with state law and concerns about persons not complying with the smoking ordinance if it were a civil infraction, staff is recommending the creation of a petty offense category within City Code. This petty offense category would allow for the following to occur for individuals violating laws classified under this new category: • Petty offense would have a maximum fine of $500 and no jail time • These offenses would allow the City to issue a warrant if a fine was not collected through existing processes. 10 Packet Pg. 174 Agenda Item 10 Item # 10 Page 2 • There would be no lasting impact on an individual committing these crimes as they would not appear on a criminal record. Staff believes that the addition of this offense category is an important step in giving additional options when considering code changes. Upon initial adoption, only the smoking ordinance would be classified as a petty offense. Staff from Code Compliance and Police Services are in the process of researching other municipal code provisions that are currently civil infractions that may be better suited as petty offenses. Staff will bring forward these proposed changes if deemed necessary. CITY FINANCIAL IMPACTS Fine collection may vary slightly by changing the smoking ordinance from a misdemeanor to a petty offense. PUBLIC OUTREACH Staff presented these changes as a part of the outreach concerning potential revisions to the smoking ordinance. This included outreach to the Downtown Business Association, Larimer County Department of Health and Environment, and a public meeting held on November 30. Public reception was generally favorable to the creation of this petty offense category. 10 Packet Pg. 175 -1- ORDINANCE NO. 171, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF FORT COLLINS TO CREATE A PETTY OFFENSE CLASSIFICATION AND PENALTIES FOR PETTY OFFENSE VIOLATIONS WHEREAS, under Section 1-15 of the City Code, all violations of the City Code constitute either misdemeanor criminal offenses or civil infractions; and WHEREAS, misdemeanor offenses carry possible penalties of jail of up to 180 days and a $2,830 fine, and civil infractions carry a penalty of up to $2,830; and WHEREAS, some state laws require local jurisdictions, when enacting local provisions similar to state laws, to be no less restrictive than state laws; and WHEREAS, if a state law violation is classified as a petty offense, the only option under the current City Code is to charge the equivalent municipal violation as a criminal misdemeanor; and WHEREAS, City staff believes certain minor offenses, while appropriately classified as criminal rather than as civil infractions, should not have jail as a possible penalty; and WHEREAS, classifying these minor offenses as civil infractions is also not a satisfactory solution because the Municipal Court cannot issue warrants for failure to appear in court on civil infractions, making them harder to enforce; and WHEREAS, warrants may be issued when defendants fail to appear to court on petty offenses; and WHEREAS, if this Ordinance is approved by the City Council, City staff plans to review certain civil infractions and misdemeanors in the City Code to determine whether they should be more appropriately classified as petty offenses, and bring before the City Council for consideration any resulting amendments to the City Code; 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 1-15 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 176 -2- Sec. 1-15. General penalty and surcharges for misdemeanor offenses, petty offenses, traffic offenses and traffic and civil infractions. (a) Except as to petty offenses, traffic infractions described in Subsection (b) below, and any other civil infraction specified as such in this Code, any person who shall violate any provision of this Code, the Charter or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful thereby, or who shall engage in any business, occupation or activity for which a license or permit is required without having a valid license or permit therefor, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty specifically provided for such violation or, if none, then by a fine not exceeding two thousand six hundred fifty dollars ($2,650.) or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed. No person under the age of eighteen (18) years as of the date of the offense shall be subject to imprisonment except in the case of failure to comply with a lawful order of the court, including an order to pay a fine, and then only in the manner provided in Section 13-10-113, C.R.S., and the Colorado Children's Code, Section 19-1-101 et seq., C.R.S. Each day upon which a violation continues shall constitute a separate misdemeanor offense unless some other specific time period is provided for any particular offense. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. … (h) Any person who shall violate any provision of this Code designated as a petty offense shall pay a penalty for such offense of not more than five hundred dollars ($500). Jail shall not be a possible penalty for petty offenses. Section 3. That Section 19-3 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-3. Rules of Procedure. (a) The Colorado Municipal Court Rules of Procedure, as amended, the rules for traffic infractions contained in Article IV of this Chapter, the provisions of this Chapter, and the procedures adopted by the Municipal Judge which are not inconsistent therewith, are adopted herein by reference and shall govern the procedures in the Municipal Court in all cases arising from misdemeanor, petty, traffic, parking and civil violations, offenses and infractions under the Charter, Code and City ordinances. … Section 4. That Section 19-45 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-45. Application. Packet Pg. 177 -3- These rules apply to actions in which only the commission of traffic infractions are charged. In any action in which the commission of a traffic infraction and a misdemeanor or petty offense are alleged in one (1) complaint, the action shall be treated as one (1) proceeding governed by the rules and statutes applicable to the alleged misdemeanor or petty offense. Section 5. That Section 19-62 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-62. Rules of Procedure. . . . (b) In any action in which the commission of a civil infraction and a misdemeanor or petty offense are alleged in one (1) complaint, the action shall be treated as one (1) proceeding governed by the rules and statutes applicable to the alleged misdemeanor or petty offense. Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 178 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Daylan Figgs, Senior Environmental Planner John Stokes, Natural Resources Director Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 169, 2017, Authorizing the Use of the Non-Development Lease with the Colorado State Board of Land Commissioners as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. EXECUTIVE SUMMARY The purpose of this item is to place a Notice of Grant Agreement on the 3,873 acres of land within Soapstone Prairie Natural Area subject to a Non-Development Lease with the Colorado State Board of Land Commissioners. The grant will expand upon Bird Conservancy of the Rocky' s (BCR) research and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Neotropical Migratory Bird Grant program is administered by the U.S. Fish and Wildlife Service with a purpose of providing financial resources to conserve neotropical birds throughout the western hemisphere. Neotropical birds are a group of birds that breed and raise young in the United States and Canada and migrate to the warmer climates to winter in Mexico, Central America, South America and the Caribbean. This category of bird species includes high priority grassland birds found on Soapstone Prairie Natural Area, Meadow Springs Ranch, and other properties in the Laramie Foothills Mountains to Plains (LFMTP) conservation area. The importance of the LFMTP to 19 high priority grassland birds has been documented through work performed by BCR and NAD and is reflected in the adopted Soapstone Prairie Natural Area Management Plan. However, the LFMTP lies only within the breeding range of these species and has no influence on the conservation of these important species and their habitat within their wintering grounds. BCR in partnership with the Natural Areas Department (NAD), the Universidad Autónoma de Nuevo León (UANL), IMC - Vida Silvestre A.C. (IMC) and Universidad Juárez del Estado de Durango (UJED) submitted a 2017 Neotropical Migratory Bird Conservation Act Grant to continue actions to improve and restore habitat for priority grassland birds on their wintering and breeding grounds initiated in 2016 and include: 1. Expanding the Sustainable Grassland Network in Chihuahua by including at least 10,000 additional acres through collaborative management agreements with landowners, develop and implement range and wildlife habitat improvements, and monitor birds and other indicators to assess baseline conditions. 11 Packet Pg. 179 Agenda Item 11 Item # 11 Page 2 2. Advancing knowledge of overwinter survival rates, limiting factors, habitat needs and winter movement patterns for high-priority grassland birds by radio-tracking Baird's and Grasshopper Sparrows. Results will inform habitat management and conservation strategies by BCR and other conservation organizations. 3. Continuing the now decade long collaborative monitoring program on Soapstone Prairie and Meadow Springs Ranch to inform management practices. Monitoring efforts within the Laramie Foothills funded by past Neotropical Migratory Bird Grants have included extensive point count surveys and demographic monitoring of grassland bird productivity on Soapstone Prairie and Meadow Springs Ranch. NAD is using the point count data to identify important bird resources, breeding sites and habitats that warrant special management attention, guide potential impacts such as energy development away from sensitive species and habitats, and track population changes over time and in response to management and other influences. Monitoring will continue through the use of grant funds to track the effects of management efforts on grassland bird density and distribution and will be used to help guide decisions concerning the potential for impacts associated with energy development. This information will inform management decisions and the sustainable stewardship of Soapstone Prairie. The NAD match for 2017 grant will come from the Department’s 2015 purchase of the Non-Development Mineral lease from the Colorado State Land Board of Commissioners (a total of $387,226 to be paid over 5 years) and from funds spent on habitat management, law enforcement, and education within the Laramie Foothills region between December 2014 and December 2018 ($152,000 spent in previous budget years and $60,000 of "new" expenditures budgeted in 2018). The 2017 Neotropical grant represents the seventh successful grant application and will provide $200,000 in federal funds to use towards this project. BCR will provide an additional $172,000 towards the project. In order for the Non-Development Mineral lease to be considered as match for the USFWS grant, the City will be required to record a “Notice of Grant Requirements” that will require the City to be bound by the terms of the grant agreement for the grant, to ensure the long-term conservation of the property, and to obtain the consent of the USFWS prior to transfer or encumbrance of the property. The City has also entered into an agreement with BCR obligating BCR to comply with the terms of the grant agreement. CITY FINANCIAL IMPACTS The grant will provide $200,000 of federal dollars for use towards this project and will require a notice of grant agreement be placed on the tracts included in the non-development lease 2015 be used as match towards this grant. Using the funds already spent on conservation efforts as match towards the Neotropical grant provides a great secondary benefit for the City. BOARD / COMMISSION RECOMMENDATION At its April 12, 2017 meeting, the Land Conservation and Stewardship Board recommended that City Council approve an ordinance authorizing the use of fund previously committed to purchase a Non-Development lease on State minerals underlying Soapstone Prairie Natural Area as match for a 2017 Neotropical Migratory Bird Conservation Act Grant administered by the U.S. Fish and Wildlife Service and to place a Notice of Grant Agreement on the Non-Development lease. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, April 12, 2017 (PDF) 2. Evans Parcels and State Land Board Holdings (PDF) 11 Packet Pg. 180 Land Conservation and Stewardship Board April 12, 2017 ATTACHMENT 1 11.1 Packet Pg. 181 Attachment: Land Conservation and Stewardship Board minutes, April 12, 2017 (6112 : 2017 Neotropical Migratory Bird Act) Esri, Source: HERE, Esri, DeLorme, DigitalGlobe, MapmyIndia, GeoEye, Earthstar © OpenStreetMap Geographics, contributors, CNES/Airbus Esri, HERE, DS, USDA, DeLorme, USGS, MapmyIndia, AeroGRID, IGN, © OpenStreetMap and the GIS User contributors, Community and the GIS user community, Soapstone Prairie Natural Area | State Land Board Mineral Holdings and Evans Parcels City of Fort Collins Natural Areas Department Project Area Larimer County 0 0.25 0.5 1 Miles Evans Parcels SLB Minerals City of Ft. Collins Natural Areas ² Date Created: 11/29/2017 3:29:12 PM ATTACHMENT 1 EVANS PARCELS SOAPSTONE PRAIRIE NATURAL AREA WYOMING COLORADO Weld Larimer 11.2 Packet Pg. 182 Attachment: Evans Parcels and State Land Board Holdings (6112 : 2017 Neotropical Migratory Bird Act) -1- ORDINANCE NO. 169, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE USE OF THE NON-DEVELOPMENT LEASE WITH THE COLORADO STATE BOARD OF LAND COMMISSIONERS AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT GRANT ADMINISTERED BY THE U.S. FISH AND WILDLIFE SERVICE WHEREAS, in March 2008, the City Council adopted Ordinance No. 037, 2008, authorizing the use of the City’s Zimmerman Conservation Easement as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the U.S. Fish and Wildlife Service (“FWS”); and WHEREAS, in April 2009, the City Council adopted Ordinance No. 032, 2009, authorizing the use of a 440-acre portion of Bernard Ranch as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the FWS; and WHEREAS, in May 2010, the City Council adopted Ordinance No. 053, 2010, authorizing the use of a different 660-acre portion of Bernard Ranch as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the FWS; and WHEREAS, in June 2013, the City Council adopted Ordinance No. 079, 2013, authorizing the use of the Noonan Tract and the Bowes Homestead Tract as a matching contribution for Neotropical Bird Conservation Act Grant administered by the FWS; and WHEREAS, the City has worked cooperatively with the Rocky Mountain Bird Observatory (“RMBO”) to carry out the terms of the previous grant projects involving the study of neotropical birds, a category of bird species that includes high priority grassland birds found on Soapstone Prairie Natural Area; and WHEREAS, in 2015 the City entered into a Mineral Non-Development Lease (“Lease”) with the State Board of Land Commissioners to protect the surface of approximately 3,873 acres of Soapstone Prairie Natural Area from development of mineral rights owned by the State; and WHEREAS, a copy of the Lease is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, Soapstone Prairie has been identified as an appropriate area to be conserved as habitat for neotropical birds in the region; and WHEREAS, RMBO, together with other grant partners, is continuing to study neotropical birds and has applied for an additional grant of $200,000 in 2017 grant funds from FWS; and Packet Pg. 183 -2- WHEREAS, RMBO hopes to use this new grant to continue its neotropical bird study as part of the Laramie Foothills Mountain to Plains Project, which includes Soapstone and other geographical areas that the birds inhabit; and WHEREAS, the FWS grant terms will require RMBO to match the grant funds awarded; and WHEREAS, the funds already expended by the City to acquire the Lease, along with funds spent by the City on habitat management, law enforcement and education in the Laramie Foothills region, may be used to match the grant funds awarded by FWS to RMBO; and WHEREAS, to commit the Lease as the matching contribution for the FWS grant, FWS will require that the City record a Notice of Grant Requirements in the real property records of the Larimer County Clerk and Recorder for the property; and WHEREAS, the Notice of Grant Requirements requires the City to be bound by the terms of the grant agreement between FWS and RMBO, including the obligation to ensure the long- term conservation of the Lease and to obtain the consent of the FWS prior to conveying or encumbering the Lease; and WHEREAS, as the Lease is an interest in real property, the City’s consent to these restrictions constitutes an encumbrance on the City’s real property; and WHEREAS, the City will also enter into an agreement with RMBO requiring RMBO to comply with the terms of the grant agreement between FWS and RMBO; and WHEREAS, the data acquired from the study will allow City staff to more effectively form conservation strategies and manage high priority grassland birds that are found at Soapstone; and WHEREAS, at its regular meeting on April 12, 2017, the Land Conservation and Stewardship Board unanimously recommended that the City Council approve an ordinance authorizing the use of the funds used to acquire the Lease as a match for the 2017 Neotropical Migratory Bird Conservation Act Grant and the placement of a Notice of Grant Agreement on the mineral leasehold interest; and WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the City Council is authorized to sell or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that use of the Lease as a match towards a U.S. Fish and Wildlife Service Grant to the Rocky Mountain Bird Observatory, Packet Pg. 184 -3- including execution and recording of a Notice of Grant Requirements as described herein, is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute a Notice of Grant Requirements consistent with the terms of this Ordinance, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the best interests of the City, including, but not limited to, any necessary changes to the legal description of the property rights to be encumbered, as long as such changes do not materially increase the size or change the character of such property rights. Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 185 EXHIBIT A 1 Packet Pg. 186 Attachment: Exhibit A (6213 : 2017 Neotropical Migratory Bird Act ORD) 1 Packet Pg. 187 Attachment: Exhibit A (6213 : 2017 Neotropical Migratory Bird Act ORD) 1 Packet Pg. 188 Attachment: Exhibit A (6213 : 2017 Neotropical Migratory Bird Act ORD) 1 Packet Pg. 189 Attachment: Exhibit A (6213 : 2017 Neotropical Migratory Bird Act ORD) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Daylan Figgs, Senior Environmental Planner John Stokes, Natural Resources Director Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 170, 2017, Authorizing the Use of the Evans Tract as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. EXECUTIVE SUMMARY The purpose of this item is to place a Notice of Grant Agreement on the 240-acre Evans Tract purchased in 2015 as part of Soapstone Prairie Natural Area. The grant will expand upon Bird Conservancy of the Rocky’s (BCR) research and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Neotropical Migratory Bird Grant program is administered by the U.S. Fish and Wildlife Service with a purpose of providing financial resources to conserve neotropical birds throughout the western hemisphere. Neotropical birds are a group of birds that breed and raise young in the United States and Canada and migrate to the warmer climates to winter in Mexico, Central America, South America and the Caribbean. This category of bird species includes high priority grassland birds found on Soapstone Prairie Natural Area, Meadow Springs Ranch, and other properties in the Laramie Foothills Mountains to Plains (LFMTP) conservation area. The importance of the LFMTP to 19 high priority grassland birds has been documented through work performed by BCR and NAD and is reflected in the adopted Soapstone Prairie Natural Area Management Plan. However, the LFMTP lies only within the breeding range of these species and has no influence on the conservation of these important species and their habitat within their wintering grounds. BCR in partnership with the Natural Areas Department (NAD), the Universidad Autónoma de Nuevo León (UANL), IMC - Vida Silvestre A.C. (IMC) and Universidad Juárez del Estado de Durango (UJED) submitted a 2016 Neotropical Migratory Bird Conservation Act Grant to implement actions to improve and restore habitat for priority grassland birds on their wintering and breeding grounds. The project goals are to continue efforts to: 1. Assist NAD sustain the full suite of grassland bird species found in the LFMTP conservation area through monitoring and research aimed at informing management in real time. 2. Create a network of managed grasslands across the full migratory range of grassland birds that can maintain populations in the face of ongoing habitat loss and climate change. Specifically in northern Mexico, the goal is to create a Sustainable Grasslands Network (SGN) of properties in collaboration 12 Packet Pg. 190 Agenda Item 12 Item # 12 Page 2 with IMC, and other conservation partners in the region of at least 500,000 acres. 3. Improve knowledge of when, where and why grassland bird populations are limited across a full annual cycle and migratory range to guide on-the-ground management practices and investment of conservation dollars to where they can have the greatest impact on species population growth. Monitoring efforts within the Laramie Foothills funded by past Neotropical Migratory Bird Grants have included extensive point count surveys and demographic monitoring of grassland bird productivity on Soapstone Prairie and Meadow Springs Ranch. NAD is using the point count data to identify important bird resources, breeding sites and habitats that warrant special management attention, guide potential impacts such as oil and gas development away from sensitive species and habitats, and track population changes over time and in response to management and other influences. In addition, NAD is using the reproductive and demographic data to determine baseline reproductive rates and assess effects of recreation and grazing management. Monitoring will continue through the use of grant funds to track the effects of management efforts on grassland bird density and distribution and will be used to help guide decisions concerning the potential for impacts associated with energy development. This information will inform management decisions and the sustainable stewardship of Soapstone Prairie. The NAD match for 2016 grant will come from the Department’s purchase of the 240 acre Evans Tract ($330,000). The 2016 Neotropical grant represent the sixth successful grant application and will provide $200,000 in federal funds to use towards this project. Colorado Parks and Wildlife provided an additional $270,000 of in-kind match to the grant for work conducted by CPW staff on grassland bird monitoring, research and analysis in the LFMTP region. In order for this land purchase to be considered as match for the USFWS grant, the City will be required to record a “Notice of Grant Requirements” that will require the City to be bound by the terms of the grant agreement for the grant, to ensure the long-term conservation of the property, and to obtain the consent of the USFWS prior to transfer or encumbrance of the property. The City has also entered into an agreement with BCR obligating BCR to comply with the terms of the grant agreement. CITY FINANCIAL IMPACTS The grant will provide $200,000 of federal dollars for use towards this project and will require the Evans tract purchased in 2015 be used as match towards this grant. Using the funds already spent on conservation efforts as match towards the Neotropical grant provides a great secondary benefit for the City. BOARD / COMMISSION RECOMMENDATION At its April 12, 2017 meeting, the Land Conservation and Stewardship Board unanimously recommended that City Council approve an Ordinance authorizing the use of funds previously expended to purchase the 240-acre Evans Tract at Soapstone Prairie as match for the 2016 Neotropical Migratory Bird Conservation Act Grant and to place a Notice of Grant Agreement on the Evans Tract. PUBLIC OUTREACH Grassland birds are identified as a conservation target within the Soapstone Prairie Natural Area Management Plan (2007). ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, April 12, 2017 (PDF) 2. Evans Parcels and State Land Board Holdings (PDF) 12 Packet Pg. 191 Land Conservation and Stewardship Board April 12, 2017 ATTACHMENT 1 12.1 Packet Pg. 192 Attachment: Land Conservation and Stewardship Board minutes, April 12, 2017 (6111 : 2016 Neotropical Migratory Bird Act - Evans Tract) Esri, Source: HERE, Esri, DeLorme, DigitalGlobe, MapmyIndia, GeoEye, Earthstar © OpenStreetMap Geographics, contributors, CNES/Airbus Esri, HERE, DS, USDA, DeLorme, USGS, MapmyIndia, AeroGRID, IGN, © OpenStreetMap and the GIS User contributors, Community and the GIS user community, Soapstone Prairie Natural Area | State Land Board Mineral Holdings and Evans Parcels City of Fort Collins Natural Areas Department Project Area Larimer County 0 0.25 0.5 1 Miles Evans Parcels SLB Minerals City of Ft. Collins Natural Areas ² Date Created: 11/29/2017 3:29:12 PM ATTACHMENT 1 EVANS PARCELS SOAPSTONE PRAIRIE NATURAL AREA WYOMING COLORADO Weld Larimer 12.2 Packet Pg. 193 Attachment: Evans Parcels and State Land Board Holdings (6111 : 2016 Neotropical Migratory Bird Act - Evans Tract) -1- ORDINANCE NO. 170, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE USE OF THE EVANS TRACT AS MATCH FOR A NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT GRANT ADMINISTERED BY THE U.S. FISH AND WILDLIFE SERVICE WHEREAS, in March 2008, the City Council adopted Ordinance No. 037, 2008, authorizing the use of the City’s Zimmerman Conservation Easement as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the U.S. Fish and Wildlife Service (“FWS”); and WHEREAS, in April 2009, the City Council adopted Ordinance No. 032, 2009, authorizing the use of a 440-acre portion of Bernard Ranch as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the FWS; and WHEREAS, in May 2010, the City Council adopted Ordinance No. 053, 2010, authorizing the use of a different 660-acre portion of Bernard Ranch as a matching contribution for a Neotropical Migratory Bird Conservation Act Grant administered by the FWS; and WHEREAS, in June 2013, the City Council adopted Ordinance No. 079, 2013, authorizing the use of the Noonan Tract and the Bowes Homestead Tract as a matching contribution for Neotropical Bird Conservation Act Grant administered by the FWS; and WHEREAS, the City has worked cooperatively with the Rocky Mountain Bird Observatory (“RMBO”) to carry out the terms of the previous grant projects involving the study of neotropical birds, a category of bird species that includes high priority grassland birds found on Soapstone Prairie Natural Area; and WHEREAS, a recent 240-acre addition to Soapstone Prairie known as the Evans Tract, purchased in 2015 and shown on Exhibit “A”, attached and incorporated herein by this reference, has been identified as an appropriate area to be conserved as habitat for neotropical birds in the region; and WHEREAS, RMBO, together with other grant partners, is continuing to study neotropical birds and has applied for an additional grant of $200,000 in 2016 grant funds from FWS; and WHEREAS, RMBO hopes to use this new grant to continue its neotropical bird study as part of the Laramie Foothills Mountain to Plains Project, which includes Soapstone and other geographical areas that the birds inhabit; and WHEREAS, the FWS grant terms will require RMBO to match the grant funds awarded; and Packet Pg. 194 -2- WHEREAS, the funds already expended by the City to purchase the Evans Tract may be used to match the grant funds awarded by FWS to RMBO; and WHEREAS, to commit the Evans Tract as the matching contribution for the FWS grant, FWS will require that the City record a Notice of Grant Requirements in the real property records of the Larimer County Clerk and Recorder for the property; and WHEREAS, the Notice of Grant Requirements requires the City to be bound by the terms of the grant agreement between FWS and RMBO, including the obligation to ensure the long- term conservation of the Evans Tract and to obtain the consent of the FWS prior to conveying or encumbering the Property; and WHEREAS, the City’s consent to these restrictions on its property constitutes an encumbrance on the City’s real property; and WHEREAS, the City will also enter into an agreement with RMBO requiring RMBO to comply with the terms of the grant agreement between FWS and RMBO; and WHEREAS, the data acquired from the study will allow City staff to more effectively form conservation strategies and manage high priority grassland birds that are found at Soapstone; and WHEREAS, at its regular meeting on April 12, 2017, the Land Conservation and Stewardship Board unanimously recommended that the City Council approve an ordinance authorizing the use of the funds used to purchase the Evans Tract as a match for the 2016 Neotropical Migratory Bird Conservation Act Grant and the placement of a Notice of Grant Agreement on the Evans Tract; and WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the City Council is authorized to sell or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that use of the Evans Tract as a match towards a U.S. Fish and Wildlife Service Grant to the Rocky Mountain Bird Observatory, including execution and recording of a Notice of Grant Requirements as described herein, is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute a Notice of Grant Requirements consistent with the terms of this Ordinance, along with such other terms and Packet Pg. 195 -3- conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the best interests of the City, including, but not limited to, any necessary changes to the legal description of the property to be encumbered, as long as such changes do not materially increase the size or change the character of the property. Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 196 EXHIBIT A Legal Description THE NE 1/4 AND TliE N 1/2. OF TliE SE 1/4 OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUN1Y OF LARIMER, STATE OF COLORADO EXCEPT RIGHT OF WAY FOR COUNTY ROADS AS EST"ABUSHED AND/OR USED 1 Packet Pg. 197 Attachment: Exhibit A (6188 : 2016 Neotropical Migratory Bird Act - Evans Tract ORD) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 5, 2017 City Council STAFF Tyler Marr, Policy and Project Analyst Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Regarding Smoking in Public Areas. EXECUTIVE SUMMARY The purpose of this item is to consider changes to the downtown smoking ordinance as consistent with the direction given by Council at the August 22 Work Session. The changes include placing a 10 p.m. to 5a.m. window in which the ordinance would not be in effect, and two options related to having designated smoking areas within the downtown zone, one of which creates up to eight areas and one which would allow smoking in all alleys within the zone. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff recommends adopting provisions that lift smoking restrictions from 10 p.m. to 5 a.m. If Council wishes to proceed with designated areas, the option of a limited number of designated areas is preferable. BACKGROUND / DISCUSSION In 2016, changes to the City’s smoking ordinance that were adopted by City Council in 2015 went into effect in the downtown area, prohibiting smoking within the downtown boundaries as set by the ordinance. These restrictions were in addition to smoking prohibitions on City property and at City-approved special events. Enforcement has varied since the time of implementation, with initial efforts focused primarily on education and outreach. This included: • the creation and installation of signs • public meetings • distribution of information packets to downtown business owners • numerous newspaper articles and social media posts • outreach at various City events • visits with the school district to talk about restrictions in City parks adjacent to its properties, and • personal contacts by Code Compliance, Police, and Park staff with smokers within restricted areas to inform them of the smoke-free regulations Very limited enforcement through writing tickets was done during the first year. However, enforcement efforts were increased based on direction from City leaders. The efforts in this regard have been two-fold. First, additional signage was created and installed that was more regulatory in look and content. This replaced many of the downtown “Smoke Free in FC” signs that were initially placed that had a much less regulatory feel but still relayed the message. Second, staff from Code Compliance and Police Services teamed up to increase enforcement in the Downtown Smoke-Free Zone, including issuing tickets. 13 Packet Pg. 198 Agenda Item 13 Item # 13 Page 2 Increased outreach resulted in many concerns from downtown business owners, which were subsequently presented to Council at its August 22 work session. Staff has continued to hear many of the same concerns in the interim-period, including: • The Downtown Smoke-Free Zone is too big • Designated smoking areas for residents, customers, or employees are needed • There is no way to educate everyone; over 1,000,000 visitors come to downtown • Smoking is acceptable and a large part of other cultures; Fort Collins gets a lot of international visitors • The restrictions create a competitive disadvantage for Old Town compared to other Fort Collins’ shopping areas • The penalty should not be criminal and require a court appearance; and • Enforcement has damaged relationships with Police Staff has also heard from residents, customers, and government partners that the restrictions are a positive thing, particularly helping those who have health conditions that make them susceptible to smoke. Additionally, staff has heard that these restrictions advance an important goal of reducing smoking among younger age groups in the service industry, who have some of the highest incidence of smoking rates in the country. Based on this information, Councilmembers gave input at the August 22 work session and indicated a desire to proceed with options for three changes to the ordinance: 1. Creation of a petty offense category 2. Remove restrictions from 10 p.m. to 5 a.m, as Police Services has concerns about volume and priority of calls between those hours 3. Explore options for implementing designated areas within the no-smoking zone. Staff has since worked with relevant departments to explore feasibility and operational consideration of various options, and has performed citizen outreach on the following options. The introduction of a petty offense category is being addressed separately in Ordinance No. 171, 2017. Options for Consideration 1. Creation of a 10 p.m. to 5 a.m. window where the ordinance would not be in effect Based on information provided by Police Services highlighting a significantly higher number of calls for service after 10 p.m., staff is recommending that the ordinance be lifted from 10 p.m. to 5a.m. Staff has attached call data from District 1 showing call data over a recent three month stretch 7 days of the week (Attachment 1) and a second sheet showing call data including only Thursday through Sunday. (Attachment 2) Other jurisdictions around Colorado generally do not have this provision as a part of their smoking ordinance. Glenwood Springs recently implemented a window where its ordinance is not in effect, but that change has not been in effect long enough to monitor effectiveness or behavior changes. 2. Consideration of designated smoking zones Staff initially began outreach with a similar option to what was presented to Council at the August 22 work session, which was a handful of small designated zones scattered throughout the downtown area. Initial outreach yielded feedback that this option would require complex signage, education, and enforcement, and that a simpler option should be considered in addition. Therefore, staff expects to establish one of three designated area options, which are presented for Council input. The Ordinance provides for management staff to establish designated smoking areas through posting of signs. 13 Packet Pg. 199 Agenda Item 13 Item # 13 Page 3 A. No Changes This option would leave the current boundary and status quo intact, adding no designated smoking areas. Pros: • Fully preserves the intent of original version of the ordinance, making downtown a smoke free area • Limits secondhand smoke to all people in the downtown area, not just those in particular areas. • Education and outreach has been focused on this option for nearly two years now. • No other smoking restricted zone in the state that staff is aware of has designated areas as part of its design. Cons: • Does not address many of the downtown business owners’ concerns • Can require individuals to walk a considerable distance if they do want to smoke B. Several, 10-20 feet in diameter, designated areas With this option, staff would implement up to eight (8) designated areas within the downtown smoking zone as identified on the attached map. (Attachment 3) Most of these zones would form a ten-foot radius from a clearly marked, pre-identified location. Where a ten-foot radius would put the designated zone within twenty (20) feet of an operable door, window, or ventilation system, staff will utilize a five-foot radius. The Parks Department has been informed of these potential changes and is able to resource the emptying of urns and at minimum the occasional cleaning of areas around a designated zone. Zones that are in improved alleys are would be cleaned more frequently, as they are a part of the current routes services by the Parks crews. Pros: • Provides some outlets for smokers and attempts to keep activity localized to specific areas that non- smokers can choose to avoid. • Helps address business owner concerns who support providing smoking options for patrons and employees. • Potentially helps reduce violations and related enforcement. • Helps reduce pressures on properties just outside of the Smoke-Free-Zone. Cons: • Reduces health benefits of having a smoke-free zone for those who frequent Downtown and end up impacted by those who are smoking • Increases health risks for people with chronic health conditions, young children, and pregnant women • Complicates enforcement and education efforts o Important to clearly identify areas where smoking would be allowed o Important to find areas that are not within twenty feet (20’) of operable doors, windows, air vents and patios o Could result in “hang out” areas with potential increase in mischief or other negative behaviors o Sends conflicting messages about smoking Downtown since it would be allowed in some areas C. Allow smoking in alleys within the Smoke-Free-Zone This option would allow for smoking in all alleys within the Smoke-Free-Zone, including improved alleyways. Smoking would still be restricted within 20 feet of an operable door, window, or ventilation system as defined under the code. In essence, the restricted areas would become street frontages and plazas (Old Town Square and Oak Street) within the Smoke-Free-Zone. 13 Packet Pg. 200 Agenda Item 13 Item # 13 Page 4 Similar considerations related to maintenance of alleys would apply to this option. The DDA staff has indicated that they do not have concerns about treating improved and unimproved alleys the same in terms of allowing smoking under this option. Pros: • Same as option b, though it is harder to avoid smoking areas if walking through alleys. • Easier to educate visitors and residents about where it is acceptable to smoke (e.g., “smoking is allowed out back”) • Does not concentrate multiple smokers in one area, as designated areas may do. Cons: • Same as option b, possible amplified in some instances. • May tarnish reputation or welcoming nature of improved alleys, of which the City and partners have spent millions of dollars improving • 20-foot rule limits practicality of where you can smoke within alleys, and enforcement would be challenging within the alleys. CITY FINANCIAL IMPACTS The options involving designated zones will put additional work load on City Parks crews, who believe they are at capacity in the summer months. New urns for designated areas and new signage reflecting changes in the ordinance would result in relatively minor one-time expenses. PUBLIC OUTREACH Staff has reached out to various stakeholders, including the Downtown Development Authority (DDA), Downtown Business Association (DBA), the Larimer County Health Department, and residents. Staff presented to the DBA at a membership meeting on November 16 and members were generally receptive to the proposed changes, including the creation of designated zones. Within the designated zones, most comments pointed to the association being supportive of option c, smoking allowed within alleys. They continued to express concerns about competitiveness of attracting customers and employees from areas such as Foothills, Harmony, and Centerra; all of which do not have similar restrictions. Larimer County Department of Health and Environment provided an inforgraphic (Attachment 4) detailing public health best practices related to smoke-free areas. The following statements are taken from that document: "Lifting smoking restrictions at night is not a public health best practice. Time limitations are generally not included in tobacco policies because they do not protect health, they are difficult to enforce and to explain to the public. Designated areas still pose risk for secondhand smoke exposure, congregation of litter, and may influence social norms for youth. Over time smoke-free-zones can influence smoking rates, particularly in reducing smoking among groups like young service industry workers, who smoke at higher rates than other portions of society". The Downtown Development Authority staff indicated that they would support designated areas, and that in terms of education and outreach, option c is the easiest. They expressed frustration that the original boundaries were set larger than initially proposed back in 2015, and that adding designated zones, in essence, reverts the zone to a workable size as initially proposed. Staff is planning to hold a public meeting on November 30 to receive clicker feedback on the various options and answer clarifying questions. Staff will provide Council with the information from this meeting in the staff presentation at First Reading or in a read before memo on December 5. 13 Packet Pg. 201 Agenda Item 13 Item # 13 Page 5 ATTACHMENTS 1. District 1 Average Event Count by Hour, August 2016-July 2017 (PDF) 2. District 1 Average Event Count by Hour (Thursday-Saturday), August 2016-July 2017 (PDF) 3. Potential Designated Smoking Areas Map (PDF) 4. Larimer County Health and Envrionement - FCSmokeFree - Nov 2017 (PDF) 5. August 22 Work Session Summary (PDF) 6. Powerpoint presentation (PDF) 13 Packet Pg. 202 0.00 0.50 1.00 1.50 2.00 2.50 3.00 0000-0059 0100-0159 0200-0259 0300-0359 0400-0459 0500-0559 0600-0659 0700-0759 0800-0859 0900-0959 1000-1059 1100-1159 1200-1259 1300-1359 1400-1459 1500-1559 1600-1659 1700-1759 1800-1859 1900-1959 2000-2059 2100-2159 2200-2259 2300-2359 District 1 - Average Event Count by Hour August 2016 - July 2017 Aug-Oct Nov-Jan Feb-Apr May-Jul ATTACHMENT 1 13.1 Packet Pg. 203 Attachment: District 1 Average Event Count by Hour, August 2016-July 2017 (6192 : Smoking Ordinance) Lori Frank, Crime Analyst 9/22/17 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 0000-0059 0100-0159 0200-0259 0300-0359 0400-0459 0500-0559 0600-0659 0700-0759 0800-0859 0900-0959 1000-1059 1100-1159 1200-1259 1300-1359 1400-1459 1500-1559 1600-1659 1700-1759 1800-1859 1900-1959 2000-2059 2100-2159 2200-2259 2300-2359 District 1 - Average Event Count by Hour August 2016 - July 2017 Thursday - Saturday Aug-Oct Nov-Jan Feb-Apr May-Jul ATTACHMENT 2 13.2 Packet Pg. 204 Attachment: District 1 Average Event Count by Hour (Thursday-Saturday), August 2016-July 2017 (6192 : IIII³I WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWÕZYXW Oak St Plaza Park Library Park Old Fort Collins Heritage Park Old Fort Collins Heritage Park E Oak St Cherry St Mathews St W Oak St Walnut St Peterson St Chestnut St Linden St W Olive St Maple St Willow St 281 Office Building Civic Center Parking Structure Old Town Parking Structure DTC Hotel Parking Garage Oak St/Remington St Parking Lot Larimer County Justice Center 215 N Mason Building 117 N Mason Building Laporte Ave S Mason St S College Ave Remington St N Mason St N College Ave E Mountain Ave W Mounta i nAve Jefferson St / Date Created: Wednesday, November 15, 2017 Path K:\ArcMapProjects\Neighborhood_Services\Downtown Smoke-Free Areas\SmokingRegulations\SmokingRegulations.aprx Potential Designated Smoking Zones Potential Smoking Area No Smoking Sidewalks Current Downtown Smoke-Free Zone Downtown Sidewalk/Median Downtown Smoke-free Areas Exposure at 10:01 pm is just as harmful as it is at 9:59 pm and Big Tobacco knows it. Smoke-free policy time limitations are a type of “smoker accommodation,” which is a tobacco industry tactic to make alternatives to meaningful smoke-free laws.1 These laws are difficult to explain and enforce. Fort Collins was one of the first communities in Colorado to set smoke-free indoor and outdoor policies to protect all citizens and visitors. FORT COLLINS IS A LEADER IN TOBACCO CONTROL POLICIES Protect Public Health The levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind, and number and proximity of smokers.2 Drifting tobacco smoke, even outdoors, can trigger asthmatic attacks and other serious health problems in nonsmokers.2 Fort Collins smoking rate is at an all-time low of 8%.3 However, based on state data, non-student young adults (18-24 years) and hospitality/food workers are still smoking at alarming rates (32% and 25%, respectively).4,5 These populations work in and visit downtown frequently. Tobacco policies like smoke-free areas encourage these smokers to quit, reduce secondhand smoke exposure, and create a norm for youth that tobacco use is unhealthy and unacceptable in public settings.6 STRONG POLICIES INFLUENCE KEY POPULATIONS DESIGNATED AREAS STILL POSE RISKS SECONDHAND SMOKE IS DANGEROUS AT ALL TIMES Department of Health and Environment ATTACHMENT 4 13.4 Packet Pg. 206 Attachment: Larimer County Health and Envrionement - FCSmokeFree - Nov 2017 (6192 : Smoking Ordinance) 1. Philip Morris Records (1995). The Accommodaon Plan 1995. Industry Documents Library. Retrieved hps://www.industrydocumentslibrary.ucsf.edu/tobacco/docs/#id=mnym0073 2. Sureda, X., Fernández, E., López, M. J., & Nebot, M. (2013). Secondhand Tobacco Smoke Exposure in Open and Semi-Open Sengs: A Systemac Review. Environmental Health Perspecves, 121(7), 766-773. doi:10.1289/ehp.1205806 3. Health District of Northern Larimer County (2017). “Community Health Assessment 2016.” [Raw Data File] James, K., Burns, E., Li, Y., & Levinson, A. (2017, March). Adult Tobacco Use and Exposure Colorado 2015 (Rep.). Retrieved hps://www.colorado.gov/pacific/sites/default/files/PW_A35_Tobacco-Adult-Use -and-Exposure-report.pdf 4. James, K., Burns, E., Li, Y., & Levinson, A. (2017, March). Tobacco Use Behaviors in the Workforce Colorado 2015 (Rep.). Retrieved hps://www.colorado.gov/pacific/sites/default/files/PW_A35_Tobacco-Use-Behaviors-in-the- Workforce.pdf 5. Campaign for Tobacco Free Kids. (2010, December). SMOKE-FREE LAWS ENCOURAGE SMOKERS TO QUIT AND DISCOURAGE YOUTH FROM STARTING. Retrieved from hps://www.heart.org/idc/groups/heart- public/@wcm/@swa/documents/downloadable/ucm_459526.pdf 6. Farelly, M.C. et. al. (2014) Are Tobacco Control Policies Effecve in Reducing Young Adult Smoking? Jour- nal of Adolescent Health. 54(4): 481-6. Sources Department of Health and Environment 13.4 Packet Pg. 207 Attachment: Larimer County Health and Envrionement - FCSmokeFree - Nov 2017 (6192 : Smoking Ordinance) ATTACHMENT 5 13.5 Packet Pg. 208 Attachment: August 22 Work Session Summary (6192 : Smoking Ordinance) 13.5 Packet Pg. 209 Attachment: August 22 Work Session Summary (6192 : Smoking Ordinance) December 5, 2017 Smoking Ordinance Modifications Tyler Marr, Policy and Project Analyst ATTACHMENT 6 13.6 Packet Pg. 210 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Existing Smoking Ordinance • Went into effect in 2016 • Prohibits smoking downtown Council Review in August • Explore a non-criminal offense • Explore lifting restrictions between 10p.m. and 5a.m. • Explore designated areas 2 Background and History 13.6 Packet Pg. 211 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Concerns With Current Ordinance • Downtown Smoke-Free Zone is too big • Designated smoking areas are needed • No way to educate everyone – especially visitors • Restrictions create a competitive disadvantage for Old Town compared to other Fort Collins’ shopping areas • Penalty should not be criminal • Enforcement has damaged relationships with Police and City 3 13.6 Packet Pg. 212 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Proposed Changes Petty Offense Category • Create new offense category within municipal code • Maximum fine of $500 and no jail time • Would not appear on a criminal record Time Restrictions • Lift smoking restrictions from 10 p.m. to 5 a.m. • Police data shows higher level of calls during these hours 4 13.6 Packet Pg. 213 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Proposed Changes Designated Smoking Areas Options 1. Several small zones scattered throughout downtown • Would provide relief for smokers • Concentrated areas that non-smokers could choose to avoid • Education, signage, and enforcement challenges 5 13.6 Packet Pg. 214 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Proposed Designated Areas 6 13.6 Packet Pg. 215 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Proposed Changes Designated Smoking Areas Options 2. Allow smoking in all alleys, beyond 20 feet of doors, windows, and ventilation systems • Simplifies education to residents and visitors • Harder for non-smokers to avoid 3. Leave Smoke-Free-Zone as is • Maintains integrity of original ordinance • Established and well-educated • Best option for those with breathing issues 7 13.6 Packet Pg. 216 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Public Outreach • Stakeholder groups • DBA, DDA • Larimer County • Public meeting on 11/30 8 13.6 Packet Pg. 217 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) Summary of Options 1. Creation of Petty Offense Category 2. Lifting smoking restrictions from 10p.m. to 5a.m. 3. Designated Areas a) Several small, scattered zones throughout Smoke-Free-Zone b) Allow smoking in alleys (20 ft. rule still applies) c) Keep Smoke-Free-Zone as is 9 13.6 Packet Pg. 218 Attachment: Powerpoint presentation (6192 : Smoking Ordinance) -1- ORDINANCE NO. 172, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING SMOKING IN PUBLIC AREAS WHEREAS, on February 17, 2015, the City Council adopted Ordinance No. 015, 2015, establishing a Downtown Smoke-free Zone (the “Zone”); and WHEREAS, the Zone was created to prohibit smoking in outdoor areas in the downtown area; and WHEREAS, in March of this year, enforcement of the Zone began in full force; and WHEREAS, since enforcement began, many visitors and employees in the downtown area have complained that a misdemeanor offense results in a penalty that is too severe for smoking violations; and WHEREAS, City staff does not recommend reclassifying smoking violations as civil infractions, as the Municipal Court cannot issue a warrant for failure to appear in court on a civil infraction, making such offenses harder to enforce; and WHEREAS, City staff believes a petty offense, which carriers a lower fine than a misdemeanor and no possibility of jail time, is an appropriate classification for a smoking offense; and WHEREAS, the City Council is also considering on first reading Ordinance No. 171, 2017 which, if approved, would create a petty offense category of violations within the City Code; and WHEREAS, employers and employees in the downtown area have raised concerns about the hardships created by the Zone; and WHEREAS, designating areas to allow for smoking within the Zone away from the main pedestrian traffic areas would permit employees in the Zone to smoke on break without committing a crime; 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. Packet Pg. 219 -2- Section 2. That Section 12-56 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-56. Definitions. Alleyway shall mean a street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic. … Designated smoking area shall mean any area that the City, by use of officially-designated signs or markings, has dedicated as an area in which people may lawfully smoke. … Lawfully smoke shall mean to abide by all provisions of this Code and any state or federal statute regarding smoking. … Section 3. That Section 12-59.5 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-59.5. Smoking prohibited in the Downtown Smoke-Free Zone. Smoking shall be prohibited in the Downtown Smoke-Free Zone. Unless otherwise prohibited by City Code, this Section shall not apply to any persons lawfully smoking in a privately owned residence, entirely within an enclosed privately owned motor vehicle, or in a retail tobacco business. Smoking shall be prohibited in the Downtown Smoke-Free Zone. Unless otherwise prohibited by City Code, this Section shall not apply to any person smoking: (a) in a privately-owned residence; (b) entirely within an enclosed privately-owned motor vehicle; (c) in a retail tobacco business; (d) between the hours of 10:00 p.m. and 5:00 a.m.; (e) within a designated smoking area; or (f) within an alleyway. Section 4. That Section 12-67 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-67. Violations and penalties. Packet Pg. 220 -3- (a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to fail to comply with any of its provisions. (b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article. (c) Any person who violates any provision of this Article shall be guilty of a misdemeanor petty offense, punishable by a fine or imprisonment in accordance with § 1-15(h). (d) Each day of continuing violation shall be deemed to be a separate violation. Section 5. That the amendments made by Sections 2 and 3 of this Ordinance shall not take effect until February 1, 2018. Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of December, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 221 City of Fort Collins Page 1 u r b a n r e n e w a l a u t h o r i t y Wade Troxell, Chairperson City Council Chambers Gerry Horak, Vice-Chairperson City Hall West Bob Overbeck 300 LaPorte Avenue Ray Martinez Fort Collins, Colorado Ken Summers Kristin Stephens Ross Cunniff Cablecast on City Cable Channel 14 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. URBAN RENEWAL AUTHORITY BOARD MEETING December 5, 2017 After the Regular Council Meeting • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW • Executive Director’s Review of Agenda. • CITIZEN PARTICIPATION Individuals who wish to address the Board on items not specifically scheduled on the agenda must first be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each individual. • State your name and address for the record. • Applause, outbursts or other demonstrations by the audience are not allowed • Keep comments brief; if available, provide a written copy of statement to Secretary • Address your comments to Council, not the audience • CITIZEN PARTICIPATION FOLLOW-UP City of Fort Collins Page 2 • STAFF REPORTS • COMMISSIONER REPORTS Discussion Items The method of debate for discussion items is as follows: ● Chairperson introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chairperson requests citizen comment on the item (five-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, 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. 1. Public Hearing and Resolution No. 083 Adopting the 2018 Budget for the Fort Collins Urban Renewal Authority. (staff: Patrick Rowe; 3 minute staff presentation; 5 minute discussion) The purpose of this item is to adopt the 2018 budget and to appropriate the funds to be spent for the Fort Collins Urban Renewal Authority (URA), comprised of the North College Tax Increment Financing (TIF) District, the Prospect South TIF District, and the Foothills TIF District. The budget revenues include property and sales tax increment, and interest earned on investments, totaling $6,526,929. Budget expenses include general operations, project obligations and debt service payments, totaling $6,058,208. The 2018 budget corresponds to the budget that was submitted and approved as part of the Budgeting for Outcomes process for 2017 and 2018. The URA’s 2018 annual appropriation is $6,058,208. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY December 5, 2017 Urban Renewal Authority Board STAFF Patrick Rowe, Redevelopment Program Coordinator John Duval, Legal SUBJECT Public Hearing and Resolution No. 083 Adopting the 2018 Budget for the Fort Collins Urban Renewal Authority. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2018 budget and to appropriate the funds to be spent for the Fort Collins Urban Renewal Authority (URA), comprised of the North College Tax Increment Financing (TIF) District, the Prospect South TIF District, and the Foothills TIF District. The budget revenues include property and sales tax increment, and interest earned on investments, totaling $6,526,929. Budget expenses include general operations, project obligations and debt service payments, totaling $6,058,208. The 2018 budget corresponds to the budget that was submitted and approved as part of the Budgeting for Outcomes process for 2017 and 2018. The URA’s 2018 annual appropriation is $6,058,208. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Revenue for the URA is generated from property and sales tax increment collections, as well as interest earned on investments. Property tax increment is determined by the County Assessor’s Office. The Assessor’s Office certifies property value and tax collections for the next year in December. The December 2016 certification has been relied on for the purposes of this 2018 URA budget. Property tax increment will occur in all three TIF districts (North College, Prospect South, and Foothills). Sales tax increment is calculated by the City Finance Department and only applies to the Foothills District. North College TIF District The total tax increment revenue for the North College Plan Area in 2018 is projected to be $1,882,702. Additional revenue includes $30,387 from interest earned on investments. In total, the 2018 estimated revenue for the North College URA is $1,913,089. This is a decrease from the approved 2017 budget owing to the RMI loan repayment (~$2.5M). URA expenses are a combination of budgeted operating costs and debt service payments. Operating costs include personnel expenses, on-call consulting services, and the County administrative fee for collection of the TIF (note: the operational account resides in the North College fund, but is split between the tax increment districts according to actual expenses and proportionate overhead share). The operating expenses for 2018 are as follows: 1 Packet Pg. 3 Agenda Item 1 Item # 1 Page 2 • Operations $ 228,619 Total $ 228,619 The North College TIF District’s annual debt service payments (principal and interest) are from the following outstanding loans: • North College Bond Payment $ 946,813 • City Loan Payment (RMI loan) $ 275,796 Total $1,222,608 North College District Comparison of 2018 Budget with Current 2017 Budget 2017 Budget 2018 Budget 2018 H/(L) 2017 Revenues $ 4,057,407 $ 1,913,089 $ (2,144,318) Operating Expenses $ 211,277 $ 228,619 $ 17,342 Debt Service $ 3,580,600 $ 1,222,608 $ (2,357,992) $ 3,791,877 $ 1,451,227 $ (2,340,650) The Resolution appropriates the operating and debt service budget for the North College TIF District, which totals $1,451,227 for 2018. Prospect South TIF District The total tax increment revenue for the Prospect South Plan Area in 2018 is projected to be $530,602. Additional revenue is collected from interest earned on investments, which totals $5,118. Combined, the 2018 total estimated revenue for the Prospect South TIF District is $535,720. The Prospect South TIF District expenses are a combination of operating costs, project costs and debt service payments. The operations line item reflects a County fee for administering the increment collections; personnel and other overhead costs are budgeted within the North College TIF District Fund and will be booked against the Prospect South TIF District according to accounting records. Expenses for the Prospect South TIF District for 2018 include the following: • Operations $11,677 • Project Cost - Prospect Station $11,762 Total $23,259 The Prospect South TIF District’s annual debt service payments (principal and interest) are from the following outstanding loans: •Capstone $224,783 •Prospect Station $ 17,459 •Revenue Sharing with City (Capstone) $134,982 $134,982 Total $377,224 1 Packet Pg. 4 Agenda Item 1 Item # 1 Page 3 Prospect South District Comparison of 2018 Budget with Current 2017 Budget The Resolution appropriates the operating and debt service budget for the Prospect South TIF District, which totals $400,663 for 2018. Foothills TIF District The total tax increment revenue for the Foothills TIF District in 2018 is projected to be $4,078,120. This represents estimated sales tax increment based on leasing activity and assumptions as well as projected property tax increment. URA expenses are a combination of operating costs and debt service payments. The operations line item reflects a County fee for administering the increment collections; personnel costs are budgeted within the North College TIF District Fund and will be booked against the Foothills TIF District at year end according to accounting records. Expenses for the Foothills TIF District for 2018 include the following: • Operations (County admin fee) $14,759 Total $14,759 The Foothills TIF District annual debt service payments (principal and interest) include the following: • Foothills Metro District Bond $4,191,559 Total $4,191,559 Foothills District Comparison of 2018 Budget with Current 2017 Budget 2017 Budget 2018 Budget 2017 H/(L) 2016 Revenues $ 4,078,120 $ 4,078,120 $ - Operating Expenses $ - $ - $ - Debt Service $ 4,067,846 $ 4,206,318 $ 138,472 $ 4,067,846 $ 4,206,318 $ 138,472 The Resolution appropriates the operating and debt service budget for the Foothills TIF District, which totals $6,058,208 for 2018. CITY FINANCIAL IMPACTS This Resolution includes an annual appropriation for 2018 of $6,058,208 for the North College, Prospect South, and Foothills TIF Districts. Any specific appropriations related to URA participation in projects will be presented to the URA Board separately so that the URA funding is approved on a project-by-project basis. 2017 Budget 2018 Budget 2017 H/(L) 2016 Revenues $ 453,331 $ 535,720 $ $ 82,389 - Operating Expenses $ 20,759 $ 23,439 $ 2,680 Project Costs $ - $ - $ - Debt Service $ 366,676 $ 377,224 $ 10,548 $ 387,436 $ 400,663 $ 13,227 1 Packet Pg. 5 Agenda Item 1 Item # 1 Page 4 BOARD / COMMISSION RECOMMENDATION The 2018 budget is the same that was approved through the Budgeting for Outcomes Process for 2017 and 2018. Given that there were no changes, no update was provided to the URA Finance Committee. PUBLIC OUTREACH Outreach conducted as part of the broader Budgeting for Outcomes Process. Additionally, this item was provided as information to Larimer County, the Poudre School District, and other special districts. ATTACHMENTS 1. North College TIF District (PDF) 2. Prospect South and Foothills TIF Districts (PDF) 3. Powerpoint presentation (PDF) 1 Packet Pg. 6 ATTACHMENT 1 1.1 Packet Pg. 7 Attachment: North College TIF District (6211 : URA Budget) ATTACHMENT 2 1.2 Packet Pg. 8 Attachment: Prospect South and Foothills TIF Districts (6211 : URA Budget) 1 Urban Renewal Authority - 2018 Budget Patrick Rowe ATTACHMENT 3 1.3 Packet Pg. 9 Attachment: Powerpoint presentation (6211 : URA Budget) Plan Areas/TIF Districts 2 North College Prospect South Foothills Mall 1.3 Packet Pg. 10 Attachment: Powerpoint presentation (6211 : URA Budget) Budget Features 3 Revenue • Property Tax Increment • Sales Tax Increment (Foothills Plan Area only) • Interest on Investments Expenses • Project Obligations • General Operations • Debt Service Payments 1.3 Packet Pg. 11 Attachment: Powerpoint presentation (6211 : URA Budget) North College TIF District 4 Note: The revenue and debt service decrease reflects the one-time RMI loan repayment event in 2017 (~$2.5M). 2017 Budget 2018 Budget 2018 H/(L) 2017 Revenues $ 4,057,407 $ 1,913,089 $ (2,144,318) Operating Expenses $ 211,277 $ 228,619 $ 17,342 Debt Service $ 3,580,600 $ 1,222,608 $ (2,357,992) $ 3,791,877 $ 1,451,227 $ (2,340,650) North College District Comparison of current 2017 Budget with 2018 Budget 1.3 Packet Pg. 12 Attachment: Powerpoint presentation (6211 : URA Budget) Prospect South TIF District 5 2017 Budget 2018 Budget 2017 H/(L) 2016 Revenues $ 453,331 $ 535,720 $ $ 82,389 Operating Expenses $ 20,759 $ 23,439 $ 2,680 Project Costs $ - $ - $ - Debt Service $ 366,676 $ 377,224 $ 10,548 $ 387,436 $ 400,663 $ 13,227 Prospect South District Comparison of Current 2017 Budget with 2018 Budget 1.3 Packet Pg. 13 Attachment: Powerpoint presentation (6211 : URA Budget) Foothills TIF District 6 2017 Budget 2018 Budget 2017 H/(L) 2016 Revenues $ 4,078,120 $ 4,078,120 $ - Operating Expenses $ - $ - $ - Debt Service $ 4,067,846 $ 4,206,318 $ 138,472 $ 4,067,846 $ 4,206,318 $ 138,472 Comparison of Current 2017 Budget with 2018 Budget Foothills District 1.3 Packet Pg. 14 Attachment: Powerpoint presentation (6211 : URA Budget) -1- RESOLUTION NO. 083 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ADOPTING THE 2018 BUDGET FOR THE FORT COLLINS URBAN RENEWAL AUTHORITY WHEREAS, the Fort Collins Urban Renewal Authority (the “URA”) was created on January 5, 1982, by City Council's adoption of Resolution 1982-010, which resolution designated the City Council as the URA’s Board of Commissioners (“Board”); and WHEREAS, the URA operates to eliminate blight and prevent the spread of blight within urban renewal areas in accordance with the Colorado Urban Renewal Law, C.R.S. Section 31- 25-101, et seq.; and WHEREAS, the URA currently has three approved urban renewal plan areas that collect tax increment revenues and have annual expenditures, and these are known as the North College District, the Foothills District and the Prospect South District (collectively, the “Districts”); and WHEREAS, the Board has considered a proposed budget for fiscal year 2018 for each of the Districts and it wishes to adopt them as the URA’s fiscal year 2018 budget in accordance with the Local Government Budget Law of Colorado, C.R.S. Section 29-1-101, et seq. (the “Budget Law”); and WHEREAS, attached as Exhibit “A” and incorporated herein is the URA’s fiscal year 2018 budget message for the Districts as required by the Budget Law (the “Budget Message”); and WHEREAS, attached as Exhibit “B” and incorporated herein are the North College District’s 2018 budget statement showing anticipated revenues and proposed expenditures and its comparative budget statement showing beginning and ending fund balances (jointly, the “North College District Budget”); and WHEREAS, attached as Exhibit “C” and incorporated herein are the Foothills District’s 2018 budget statement showing anticipated revenues and proposed expenditures and its comparative budget statement showing beginning and ending fund balances (jointly, the “Foothills District Budget”); and WHEREAS, attached as Exhibit “D” and incorporated herein are the Prospect South District’s 2018 budget statement showing anticipated revenues and proposed expenditures and its comparative budget statement showing and beginning and ending fund balances (jointly, the “Prospect South District Budget”); and WHEREAS, the Budget Message, the North College District Budget, the Foothills District Budget and the Prospect South District Budget shall be collectively referred to as the “2018 URA Budget”. Packet Pg. 15 -2- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. That the Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the 2018 URA Budget is hereby approved and the revenue amounts stated therein are appropriated for expenditure as stated in the 2018 URA Budget. Section 3. That the Chief Financial Officer of the City, ex officio the Financial Officer of the URA, is hereby directed to file a certified copy of the 2018 URA Budget with the office of the Division of Local Government, Department of Local Affairs, State of Colorado as required by the Budget Law. Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 5th day of December A.D. 2017. ____________________________________ Vice Chairperson ATTEST: _________________________________ Secretary Packet Pg. 16 Fort Collins Urban Renewal Authority (URA) Budget Message for Fiscal Year 2018 Budget Features: The URA’s 2018 budget is comprised of the budgets for the URA’s current plan areas knows as the North College District, the Prospect South District and the Foothills District. The budget revenues include property and sales tax increment and interest earned on investments, and budget expenses include general operations, project obligations and debt service payments. The URA aims to deliver services which achieve those objectives specified by the individual urban renewal plans for the North College District, Prospect South District and Foothills District. These include: ▪ To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements ▪ To address and remedy conditions in the area that impair or arrest the sound growth of the City ▪ To implement the City’s Comprehensive Plan and its related elements ▪ To redevelop and rehabilitate the plan area in a manner which is compatible with and complementary to unique circumstances in the area ▪ To effectively utilize undeveloped and underdeveloped land ▪ To improve pedestrian, bicycle, and vehicular circulation and safety ▪ To ultimately contribute to increased revenues for all taxing entities ▪ To encourage the voluntary rehabilitation of buildings, improvements and conditions ▪ To facilitate the enforcement of the laws and regulations applicable to the plan area ▪ To watch for market and/or project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal and political limits of the URA to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement and rehabilitation projects. Budgetary Basis of Accounting: The URA budget and fund financial statements are prepared on the modified accrual basis of accounting. EXHIBIT A 1 Packet Pg. 17 Attachment: Exhibit A (6212 : URA Budget 2018 RESO) EXHIBIT B 2 Packet Pg. 18 Attachment: Exhibit B (6212 : URA Budget 2018 RESO) 2 Packet Pg. 19 Attachment: Exhibit B (6212 : URA Budget 2018 RESO) EXHIBIT C 3 Packet Pg. 20 Attachment: Exhibit C (6212 : URA Budget 2018 RESO) 3 Packet Pg. 21 Attachment: Exhibit C (6212 : URA Budget 2018 RESO) EXHIBIT D 4 Packet Pg. 22 Attachment: Exhibit D (6212 : URA Budget 2018 RESO) 4 Packet Pg. 23 Attachment: Exhibit D (6212 : URA Budget 2018 RESO) Patio City-Owned Property ATTACHMENT 3 13.3 Packet Pg. 205 Attachment: Potential Designated Smoking Areas Map (6192 : Smoking Ordinance) 9725267001 LOT 1, BLK 1, REPLAT PT OF BLK 1 THUNDERBIRD EST 9TH SUB, FTC 9725222010 LOTS 10 AND 11, THUNDERBIRD EST 7TH, FTC, LESS S 55 FT SD LOT 11 9726100022 TR IN NE 1/4 26-7-69 BEG AT PT ON WRLY R/W LN HWY 287 WH BEARS N 89 30' W 118.46 FT, S 0 30' W 30 FT, S 44 34' E 69.6 FT, S 0 19' W 757.1 FT, S 10 59' 30" E 102 FT, S 0 19' W 1020.66 FT FROM NE COR, S 0 19' W 70 FT ALG SD R/W TO NE COR TR DESC IN 1357-33 9725222004 LOT 4, THUNDERBIRD EST 6TH, FTC 9725330014 LOT 14, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725330013 LOT 13, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725330015 LOT 15, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) 9725330012 LOT 12, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776) EXHIBIT B Midtown Business Improvement District (BID) Legal Description of Parcels e Packet Pg. 130 Attachment: Exhibit E (6235 : SR 165 Midtown BID - ORD 2nd Reading Changes)