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COUNCIL - COMPLETE AGENDA - 08/15/2017 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager Interim 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 August 15, 2017 (Amended 8/15/17) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring Friday of Every Week This School Year as "Get Your Green On". B. Proclamation Declaring August 26, 2017 as “Women’s Equality 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. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the July 5 and July 18, 2017 Regular Council Meetings, the June 27, 2017 Special Council Meeting and the July 25, 2017 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the July 5 and July 18 Regular Council meetings, the June 27, 2017 Special Council meeting and the July 25, 2017 Adjourned Council meeting. 2. Second Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations. This Ordinance, unanimously adopted on First Reading on July 5, 2017, updates the Land Use Code (LUC) sign regulations with content neutral standards. The Ordinance has two changes from First Reading to correct an omission in a table and the definition of feather flag. In Section 3.8.7.2 Table G2 (page 29 of the Ordinance) did not include the duration of time a feather flag could be displayed. The table was corrected and now includes the display time. The definition of feather flag included an extra word that has been deleted (page 34 of the Ordinance). 3. Second Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a Federal Emergency Management Agency Grant for Acquisition and Remediation of Property Adjoining the Downtown Whitewater Park Area. This Ordinance, unanimously adopted on First Reading on July 18, 2017, appropriates a $232,509 Federal Emergency Management Agency (FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has been previously appropriated by the City. The funds will pay for the acquisition and remediation of a property adjoining the downtown whitewater park area. 4. Second Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. This Ordinance, unanimously adopted on First Reading on July 18, 2017, amends the Traffic Code to allow for the immediate removal and impoundment of vehicles on public streets and alleys as a means of enforcing violations to the Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium events. The Code change would also allow the City to create new tow-away zones, if needed in the future. 5. Second Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on Yards. This Ordinance, unanimously adopted on First Reading on July 18, 2017, amends City Code to allow for immediate ticketing for parking on yards during Colorado State University (CSU) game days and major stadium events. 6. Second Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In Conjunction With the November 7, 2017 Larimer County Coordinated Election. This Ordinance, unanimously adopted on First Reading on July 18, 2017, calls a Special Municipal Election to be held in conjunction with the November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot relating to Charter amendments, it would need to do so no later than August 29 in order to meet statutory requirements for publication. If Council does not take action by ordinance or resolution before the statutory deadline (September 8) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 7, 2017 Coordinated Election. City of Fort Collins Page 4 7. Second Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. This Ordinance, unanimously adopted on First Reading on July 18, 2017, vacates a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. 8. Second Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm- Homestead Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on July 18, 2017, annexes an enclave area of approximately 109 acres in southeast Fort Collins. The property is situated between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the west of the Homestead PUD. 9. Second Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on July 18, 2017, zones the property included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. 10. Second Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the General Fund for the Conduct of a Special Election on November 7, 2017, that was not included in the 2017 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on August 8, 2017, appropriates $150,000 from prior year reserves for the conduct of the November 7, 2017, Special Election. This is an estimated amount based on prior participation in coordinated elections. Final costs will be determined by the number of eligible Fort Collins voters, and the number of entities participating/sharing in the cost of the election. 11. Items Relating to the Vida Sana Program. A. Resolution 2017-047 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 106, 2017, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to approve the Vida Sana subgrant agreement and appropriate subgrant funds in the amount of $18,451 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems' (PVHS) Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming cost for Northside Aztlan Community Center (NACC) exercise programs. City of Fort Collins Page 5 12. First Reading of Ordinance No. 107, 2017, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget to the Grant Budget for the Restorative Justice Program. The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $67,612 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. The grant period for is July 1, 2017, to June 30, 2018. This is the first year in a 3-year cycle for the Juvenile Diversion grant. 13. Items Relating to Additional Allocations of Funding to Projects Funded in 2017 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant Program, Federal HOME Investment Partnerships Program, the City’s Affordable Housing Fund Program and the City’s Human Services Program (HSP). A. Resolution 2017-075 Rescinding Resolution 2017-042 and Approving Revised Allocations to the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. First Reading of Ordinance No. 109, 2017, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. First Reading of Ordinance No. 110, 2017, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. The purpose of this item is to appropriate the additional funding received from the Department of Housing and Urban Development (HUD) for 2017 and distribute the final funding allocations proportionately in accordance with the Community Development Block Grant Commission’s (CDBG) recommendations. This will complete all funding allocations related to the 2017 Spring Cycle of to Competitive Process. Resolution 2017-075 rescinds the resolution passed by the City Council in May 2017 to allocate funding and completes the final distribution of funding to the 2017 Spring Cycle of the Competitive Process for allocating $1,174,289 in City financial resources to human service programs, affordable housing projects and the administration of the CDBG and HOME programs for the fiscal year that begins October 1, 2017. Ordinance No. 109, 2017, appropriates the increase in allocations to the FY2017 CDBG from HUD and Ordinance No. 110, 2017 appropriates the increase in allocations to the FY2017 HOME Participating Jurisdiction (PJ) Grant from HUD. 14. Items Relating to the Interstate Land Holdings Annexation to the City of Fort Collins. A. Resolution 2017-076 Setting Forth Findings of Fact and Determinations Regarding the Interstate Land Holdings Annexation. B. First Reading of Ordinance No. 111, 2017, Annexing the Property Known as the Interstate Land Holdings Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 12.139 acres in southeast Fort Collins. The property is situated on the northwest corner of the I-25 and Carpenter Road intersection. The Initiating Resolution was adopted on consent, July 5, 2017. City of Fort Collins Page 6 15. First Reading of Ordinance No. 112, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in Interstate Land Holdings Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the properties included in the Interstate Land Holdings annexation into the General Commercial (CG) and Public Open Lands (POL) zone districts. 16. First Reading of Ordinance No. 113, 2017, Amending Section 2-203 of the Code of the City of Fort Collins Relating to the Functions of the Cultural Resources Board. THIS ITEM HAS BEEN WITHDRAWN AND MOVED TO SEPTEMBER 5, 2017 The purpose of this item is to update how the functions of the Cultural Resources Board (CuRB) are described to better reflect the actual scale and responsibilities of the Cultural Services Department. The current City Code language is outdated. It references advising the Museum director, and matters pertaining to the operations of the Lincoln Center. The Cultural Services Director, staff liaison to the CuRB, is responsible for directing the Lincoln Center, Museum of Discovery, Gardens on Spring Creek, Carnegie Creative Center, and Art in Public Places program. The proposed new language more accurately reflects the entire scope of functions currently performed by the Cultural Services Department. 17. First Reading of Ordinance No. 114, 2017, Repealing Article III of Chapter 15 of the Code of the City of Fort Collins Relating to Amusement Devices and Places. The purpose of this item is to repeal Article III of Chapter 15 of City Code to remove a license requirement on amusement devices and places, including but not limited to, pool tables, roller skating rinks, shooting galleries and electronic game devices. 18. First Reading of Ordinance No. 115, 2017, Amending Section 2-493 of the Code of the City of Fort Collins Regarding Duties of Municipal Judges. The purpose of this item is to set out the duties of the Municipal Judges as referenced in Article VII, Section 1, of the City Charter. 19. Resolution 2017-077 Approving Revised Costs and Fees for Fort Collins Municipal Court. The purpose of this item is to add two new fees to the approved costs and fees for cases in Fort Collins Municipal Court: a $65 Sealed Records Fee and a $300 Civil Case Filing Fee. The Sealed Records Fee is mentioned in the state legislature’s House Bill 17-1208 which takes effect on September 1, 2017. That law makes clarifications to the criminal justice records sealing process including allowing Municipal Court defendants whose non-traffic misdemeanor case is completely dismissed or of which they are fully acquitted to request that their records be sealed. The change allows sealing to be ordered directly by the Municipal Court in those cases without requiring such defendants to file a separate action in District Court as was required in the past. As for state court defendants, the law provides that Municipal Court defendants must pay a $65 fee “to cover the actual costs related to the sealing of the criminal justice records, which may be waived by the Court upon a determination of indigency.” See C.R.S. Section 24-72-702.5(2). Note: This change does not impact the current process authorized by City Code in which underage possession cases are sealed automatically after dismissal without a request from the defendant or payment of a fee. The Civil Case Filing Fee is needed to offset at least a portion of the administrative expense to the Court of civil cases being filed by members of the public. The amount of the proposed fee, $300, is based on the cost of approximately 10 hours of Court Administrator time. This is a very conservative estimate of the time needed to administer such a case and does not include the judicial expense City of Fort Collins Page 7 involved. For comparison, the Colorado state District Courts currently charge a $224 filing fee to Plaintiffs in civil actions, including Rule 106 (Colorado Rules of Civil Procedure) actions. A final minor change proposed to the list of costs and fees is to revise the description of the Active Condition Fee to clarify that it does not apply to restitution payment conditions. The background information included in this Agenda Item Summary has also been updated to indicate that Petitions for Indigence requesting waiver of costs are now accepted by the Court on all cases, not just misdemeanor cases. This change has already been implemented. 20. Resolution 2017-078 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and Larimer County for the Construction of the Long View Trail Between Fort Collins and Loveland. The purpose of this item is to request Council approval for an intergovernmental agreement (IGA) between Fort Collins and Larimer County for the construction of the Long View Trail between Fort Collins and Loveland. 21. Resolution 2017-080 Approving the Appointment of Delynn Coldiron as Interim City Clerk Effective as of the Date and Time of City Clerk Wanda Winkelmann's Resignation. The purpose of this item is to appoint Delynn Coldiron as Interim City Clerk, following the resignation of City Clerk Wanda Winkelmann. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. City of Fort Collins Page 8 22. Items Relating to the Gardens on Spring Creek. (staff: Michelle Provaznik; 15 minute staff presentation; 1 hour discussion) A. First Reading of the Ordinance No. 118, 2017, Modifying Ordinance No. 074, 2016, Which Modified the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006 Pertaining to the Gardens on Spring Creek to Remove Two Conditions, Specifically the West Sound Wall and Central Override Component of the Sound System. B. First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is modify the approved plan for the expansion of the Gardens on Spring Creek by removing the western sound wall and central override sound system; and to appropriate $2,431,000 for construction of the Gardens on Spring Creek facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item also appropriates the funds needed for the Arts in Public Places artwork that is part of the capital project. 23. Second Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a New Section 7 Pertaining to Telecommunication Facilities and Services. (staff: Mike Beckstead, SeonAh Kendall; no staff presentation; 45 minute discussion) This Ordinance, adopted on First Reading on August 8, 2017 by a vote of 5-2 (Nays: Martinez, Summers), submits to Fort Collins electors a proposed amendment to Charter Article XII, Municipal Public Utilities. The amendment would authorize the City Council to provide, by future ordinance, telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million in bonds, the ability to go into executive session to discuss matters related to competition in the telecommunications industry, and the option to establish governance of this public utility through a board and/or to delegate rate-making authority to the City Manager. This measure does not mandate that the City provide municipal retail broadband services, or that a third-party be the provider. 24. Second Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. (staff: Jeff Mihelich; 10 staff presentation; 1 hour discussion) This Ordinance, adopted on First Reading on July 18, 2017, by a vote of 3-2 (Nays: Overbeck, Stephens, Absent: Summers, Troxell) amends Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. In response to a citizen inquiry and comments received by citizens during the First Reading of the Ordinance, a Whereas clause has been added clarifying that it is the intent of this Council to ensure this Ordinance continues to apply to all people, and not just certain segments of the population. In response to questions regarding sitting on objects, particularly planters, language has been added to Section 17-40(b) to clarify the extent of the prohibition. City of Fort Collins Page 9 25. First Reading of Ordinance No. 020, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Running Deer Natural Area to Big Foot Properties, LLC. (staff: John Stokes, Mark Sears; 10 minute staff presentation; 1 hour discussion) WITHDRAWN FROM CONSIDERATION The purpose of this item is for City Council to consider the proposed sale of approximately 11.85 acres of land to Big Foot Properties, LLC, (Roger Hageman, Hageman Earth Cycle (HEC)). About eight months ago, the City Manager’s Office inquired about the possibility of selling approximately 15 acres of land to HEC. The land was purchased by the City’s Natural Areas Department eighteen years ago, along with additional land for Running Deer Natural Area. Prior to the City’s purchase, the 15 acres was leased by HEC for the operation of a yard waste/organic material recycling business. The land has continued to be leased to HEC and the current lease will expire in 2018. The proposed sale area has been reduced to 11.85 acres after exclusion of a wetland and boundary adjustments. 26. Items Relating to the Submission of a City-Initiated Ordinance Relating to Medical Marijuana Businesses to a Vote of the Registered Electors of the City at the November 7, 2017, Special Municipal Election. (staff: Ginny Sawyer; 3 minute staff presentation; 15 minute discussion) A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. Resolution 2017-079 Submitting a City-Initiated Ordinance Dealing with Medical Marijuana Businesses to a Vote of the Registered Electors of the City at the Special Municipal Election to be Held on November 7, 2017, in Conjunction with the Larimer County Coordinated Election. The purpose of this item is to submit a City-Initiated Ordinance to the registered electors of the City at the November 7, 2017 special election. The proposed Ordinance amends Section 15-491 (a) and (b) of Article XVI of the City Code to allow Council to change or add any provisions in Chapter 15, Article XVI in order to stay current with state laws, rules and regulations relating to medical marijuana. Any protest of the proposed ballot language must be received no later than Monday, August 14, 2017, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of Resolution 2017-079. If protest(s) are received, copies will be included in Council’s “Read-before” packet. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Discussion relating to possible licensing of tobacco retailers. C. Discussion relating to a new tax structure effort as a Council policy item. ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, August 22, 2017. City of Fort Collins Page 10 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, Colorado State University and the City of Fort Collins seek to celebrate and promote the traditions and spirit that make the college experience at the University great and unique; and WHEREAS, Colorado State University celebrates the return of home football games to campus in the new stadium for the first time since 1968; and WHEREAS, Colorado State University and the City of Fort Collins recognize and celebrate the sense of community of neighboring; and WHEREAS the City recognizes that the primary colors of green and gold and the University’s insignias are symbolic representations of the traditions and spirit of the educational mission and experience at the University; and WHEREAS, the Fort Collins community is proud of Colorado State University’s educational mission and experience and the colors and insignias that symbolize them; and WHEREAS, the City recognizes that the University’s colors and insignias play a fundamental role in their efforts to promote and market the educational experience at the University by reinforcing its mission and messages; and WHEREAS, the City recognizes that the wearing of apparel bearing the institution’s approved insignias encourages solidarity among its diverse constituencies and will strengthen the spirit of cooperation within the community. NOW, THEREFORE, I, Wade Troxell, Mayor of Fort Collins, do hereby proclaim Fridays and game days of every work week this school year as “GET YOUR GREEN ON” and encourage all supporters to wear apparel bearing the colors and/or insignias of the University on these days. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of August, A.D. 2017. __________________________________ ATTEST: Mayor _________________________________ Interim City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, per the U.S. Census Bureau 2015 estimates, women make up 50.8% of the Fort Collins community; and WHEREAS, women have historically been denied the full rights and privileges, public or private, legal or institutional, which are available to male citizens; and WHEREAS, the 19th Amendment continues to serve as a symbol of the continued fight for equal rights, and women have united to assure that these rights and privileges are available to ALL citizens equally, and WHEREAS, August 26th was designated as Women’s Equality Day in 1971 to commemorate the passage of the 19th Amendment and commend and support women in their organizations and activities; and WHEREAS, the League of Women Voters, founded in 1920, is a non-partisan organization, dedicated to ensuring that all eligible voters have the opportunity and the information to exercise their right to vote, and will be registering voters at the Oak Street Farmer’s Market, Saturday August 26 from 8am – noon. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare August 26, 2017 as WOMEN’S EQUALITY DAY and encourage all women to actively engage in the political process by voting, running for office, participating in city boards and commissions, starting their own businesses, volunteering and being community and family leaders. Furthermore, I recognize the commemoration of that day in 1920, on which the women of America won their right to vote, as an opportunity to continue to work for equal rights for ALL citizens. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _________________________________ Interim City Clerk Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Delynn Coldiron, Interim City Clerk SUBJECT Consideration and Approval of the Minutes of the July 5 and July 18, 2017 Regular Council Meetings, the June 27, 2017 Special Council Meeting and the July 25, 2017 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the July 5 and July 18 Regular Council meetings, the June 27, 2017 Special Council meeting and the July 25, 2017 Adjourned Council meeting. ATTACHMENTS 1. June 27, 2017 (PDF) 2. July 5, 2017 (PDF) 3. July 18, 2017 (PDF) 4. July 25, 2017 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 482 June 27, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Knoll 1. Executive Session Authorized. 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 the City Code and Colorado Revised Statutes Section 24-6- 402(4)(f)(I), for the purpose of conducting mid-year performance reviews of the City Manager and the City Attorney. RESULT: APPROVED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak ADJOURNMENT The meeting adjourned at 8:51 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.a Packet Pg. 13 Attachment: June 27, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) City of Fort Collins Page 483 July 5, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck Staff Present: Atteberry, Daggett, Winkelmann AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. CITIZEN PARTICIPATION Nancy York discussed a study relating to air pollution and older adults from the Harvard School of Public Health. Bill See stated he received a citation from the City for having bags of trash on his curb on his trash day. He requested that directive to City staff be reversed. Marilyn Fox discussed the importance of her short-term rental to her finances. Thomas Edwards discussed veterans’ issues and requested a new City board be formed to discuss those issues. CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell requested staff input regarding the trash bag citation issue. City Manager Atteberry replied staff will respond directly to the citizen tomorrow and will ensure a discussion takes place. Councilmember Martinez supported looking into the trash bag citation issue and suggested the formation of a temporary Mayor’s Blue Ribbon or ad hoc panel to look into local veterans’ issues. Councilmember Cunniff noted air quality is on Council’s work plan. Mayor Troxell noted short-term rentals will be discussed at next week’s work session. CONSENT CALENDAR Councilmember Martinez withdrew Item No. 8, Items Relating to the Lease Financing of the Firehouse Alley Parking Garage, from the Consent Agenda. Councilmember Summers withdrew Item No. 10, First Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land 1.b Packet Pg. 14 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 484 Conservation, Public Improvements and Related Natural Areas Programming Not Included in the 2017 Adopted City Budget, from the Consent Agenda. Eric Sutherland withdrew Item Nos. 9, Second Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General Fund for Larimer County Jail Services, and 16, Resolution 2017-060 Approving the 2017 Certification to the Larimer County Assessor Pursuant to C.R.S. Section 1-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck 1. Consideration and Approval of the Minutes of the May 23, 2017 Adjourned Council Meeting and the June 6, 2017 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the May 23, 2017 Adjourned Council meeting and the June 6, 2017 Regular Council meeting. 2. Second Reading of Ordinance No. 070, 2017, Appropriating Prior Year Reserves in the Capital Improvement Expansion Fund and in the Keep Fort Collins Great Tax Fund For Disbursement to the Poudre Fire Authority. (Adopted) This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funds from the Fire Capital Expansion Account to Poudre Fire Authority (PFA) for payment of debt on Fire Station 4. Station 4, located at 1945 West Drake Road, was built through a Lease/Purchase funding source at a rate of 4%, with 20 installments. The Fire Capital Improvement Expansion Fund has been used to make the annual Lease/Purchase payments. The Lease/Purchase agreement allows for prepayment after December 18, 2017. Paying off the Station 4 Lease/Purchase will save Poudre Fire Authority $451,000 in interest payments over the next ten years, and will allow Capital Expansion Fees to build for the future construction of PFA’s next fire station. During the 2017 PFA Budget process, the Board of Directors directed staff to pay off the outstanding debt on Station 4, utilizing Capital Expansion Fees that have been collected for the benefit of PFA and held in an earmarked account. 3. Second Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the Wastewater Fund for the State Highway 14 Bridge over the Poudre River Project. (Adopted) This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates $83,044 into the Wastewater Fund for work performed by the City as part of the Colorado Department of Transportation’s (CDOT) State Highway (SH) 14 Bridge over the Poudre River Project. 4. Items Relating to the Adoption of the 2015 International Codes. (Adopted) A. Second Reading of Ordinance No. 072, 2017, Amending Chapter 5, Article II, Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Building Code (IBC) and Adopting the 2015 International Building Code, with Amendments. 1.b Packet Pg. 15 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 485 B. Second Reading of Ordinance No. 073, 2017, Amending Chapter 5, Article II, Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Energy Conservation Code (IECC) and Adopting the 2015 International Energy Conservation Code, with Amendments. C. Second Reading of Ordinance No. 074, 2017, Amending Chapter 5, Article II, Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Residential Code (IRC) and Adopting the 2015 International Residential Code, with Amendments. D. Second Reading of Ordinance No. 075, 2017, Amending Chapter 5, Article IV, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Mechanical Code (IMC) and Adopting the 2015 International Mechanical Code, with Amendments. E. Second Reading of Ordinance No. 076, 2017, Amending Chapter 5, Article IV, of the Code of the City of Fort Collins for the Purpose of Repealing the 2012 International Fuel Gas Code (IFGC) and Adopting the 2015 International Fuel Gas Code, with Amendments. These Ordinances unanimously adopted on First Reading on June 6, 2017, adopt the 2015 International Codes (I-Codes). The 2015 I-Codes represent the most up-to-date construction standards establishing minimum requirements to safeguard the public health, safety, and general welfare from hazards attributed to the built environment within the City of Fort Collins. Subsequent to First Reading, IBC local amendment 903.3.1.2 has been edited at Exceptions 1 and 2 to change the reference from “fire wall” to “fire partition” to be consistent with the intent of the section. 5. Second Reading of Ordinance No. 077, 2017, Amending the Fort Collins Traffic Code Regarding Stadium Events. (Adopted) This Ordinance, unanimously adopted on First Reading on June 6, 2017, adopts a new violation of the Residential Parking Permit Program (RP3) for Colorado State University’s (CSU) major stadium events. Consistent with the intergovernmental agreement (IGA) between the City and CSU, staff has worked with neighborhoods adjacent to the university campus to develop parking restrictions during major events at the new CSU stadium. Non-residents will not be permitted to park in participating neighborhoods during football games or any events with an expected attendance of 12,000 or greater. City Parking Services staff will be enforcing these restrictions four hours prior to the start of an event until the end of the event. 6. Second Reading of Ordinance No. 078, 2017, Designating the Dairy Gold Creamery Laboratory located at 212 Laporte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Dairy Gold Creamery Laboratory, 212 Laporte Avenue (currently the Butterfly Café) as a Fort Collins Landmark. The Operation Services Department of the City of Fort Collins is initiating this request on behalf of the City as the owner. 1.b Packet Pg. 16 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 486 7. Second Reading of Ordinance No. 079, 2017, Designating the Continental Oil Company Property Located at 225 Maple Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on June 6, 2017, designates the Continental Oil Company Property, 225 Maple Street, as a Fort Collins Landmark. This building currently houses FoCo Café. The Operation Services Department of the City of Fort Collins is initiating this request on behalf of the City as the owner. 8. First Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. (Adopted) The purpose of this item is to appropriate $143,563 in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup from the May 18th and 19th spring snowstorm to various City funds. This appropriation request will be used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work for other departments" costs that cannot be recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup. 9. First Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999 Restoration of the Northern Hotel. (Adopted) The purpose of this item is to authorize the release of a collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures performance obligations contained within the Northern Hotel Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is requested by the property owner, an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an affordable housing developer with a strong local presence. 10. First Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations. (Adopted) The purpose of this item is to update the Land Use Code (LUC) sign regulations with content neutral standards. This Ordinance will address the following: Eliminate standards that focus on the message of the sign Create two Code sections, a permanent and temporary sign section Introduce new standards based on the material classification for temporary signs Provide additional clarification to standards for permanent signs Add new terms with definitions related to temporary signs. 11. First Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes. (Adopted) The purpose of this item is to authorize conveyance of a utility easement and an amended access easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River. The City has asked Public Service to realign its access easement to 1.b Packet Pg. 17 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 487 the regulator station and formalize its utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes. 12. Resolution 2017-059 Finding Substantial Compliance and Initiating Annexation Proceedings for the Interstate Land Holdings Annexation. (Adopted) The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Interstate Land Holdings Annexation. The Interstate Land Holdings Annexation project represents an annexation to bring two properties and State highway right-of-way totaling 12.2 acres, located on the northwest corner of the I-25 and State Highway 392 intersection, into Fort Collins municipal boundaries. The requested zoning for this annexation is General Commercial (C-G) for the Interstate Land Holdings properties and right-of-way, and Public Open Lands (P-O-L) for the City-owned property. The requested zoning districts are in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan Maps. A specific project development plan proposal is not included with the annexation application. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice of the hearing be given. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days’ prior notice is required by state law. 13. Resolution 2017-061 Making Appointments to Cultural Resources Board and the Women's Commission of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Amy Cervenan to fill a vacancy that currently exists on the Cultural Resources Board due to the resignation of Gregg Adams and a vacancy that currently exists on the Women’s Commission due to the resignation of Ginny Carroll. This Resolution appoints two selected citizens, Amy Cervenan to fill the current Cultural Resources Board vacancy and Emily Gorgol to fill the current Women’s Commission vacancy. END CONSENT COUNCILMEMBER REPORTS Councilmember Cunniff stated he met with Larimer County Commissioner Gaiter and Poudre School District Superintendent Smyser at the City/County/PSD liaison meeting during which it was decided to hold a meeting annually in April regarding summer issues such as fireworks and fire suppression. Councilmember Martinez stated the Girl Scouts have raised the money to pay for a new year- round water fountain at Catholic Charities. Mayor Pro Tem Horak reported on the Boxelder Regional Stormwater Authority meeting during which the Board passed the approvals for loan modifications. Mayor Troxell complimented the City’s 4 th of July festivities. Councilmember Martinez reported on the Pi Kappa Phi fraternity fundraising bicycle ride across the country. City Manager Atteberry stated initial reports indicate a significant reduction in fireworks complaints this year. 1.b Packet Pg. 18 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 488 CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 14. Items Relating to the Lease Financing of the Firehouse Alley Parking Garage. (Adopted on Second Reading) A. Second Reading of Ordinance No. 081, 2017, Authorizing the Leasing of Certain City Property and the Execution and Delivery by the City of a Site Lease, a Lease Purchase Agreement, and Other Documents and Matters in Connection with the Financing of the City’s Acquisition of Certain Parking Facilities; Setting Forth Certain Parameters and Restrictions with Respect to the Financing; and Providing for Other Matters Related Thereto. B. Second Reading of Ordinance No. 082, 2017, Appropriating the Lease Financing Proceeds in the Capital Projects Fund to be Used for the Purchase of a Portion of the Firehouse Alley Parking Structure and to Pay for Related Lease Financing Costs. C. Resolution 2017-062 Authorizing the City Manager to Execute an Intergovernmental Agreement with the Downtown Development Authority Regarding Contributions to the City for Public Parking Spaces and Parking Programs in Downtown Fort Collins. These Ordinances, unanimously adopted on First Reading on June 6, 2017, authorize the financing and acquisition of the Firehouse Alley Parking Structure. Total costs are projected to be $8,430,000. The City will acquire approximately 216 spaces located on the second and third floors. Resolution 2017-062 authorizes an intergovernmental agreement with the Downtown Development Authority (DDA) that outlines the DDA contribution of $300,000 a year toward the lease payments, beginning in 2019. Councilmember Martinez stated he withdrew the item in order for staff to address citizen concerns. Eric Sutherland opposed the expenditure of tax dollars on the parking structure and stated its users should fund the structure. Nancy York stated she is surprised by the use of this type of financing and suggested City Hall should be used as collateral rather than the Senior Center. Diane Smith stated she is disappointed in the use of this type of financing and encouraged Council to consider using other assets as collateral. City Manager Atteberry stated the City has never defaulted on any loan in its history, to his knowledge. John Voss, Financial Services, concurred the City has never defaulted. He stated the Senior Center was chosen as collateral rather than the structure itself to receive a lower interest rate. While other City structures were considered, some were already being collateralized and others have different issues. Councilmember Cunniff expressed concern regarding the reduction in the DDA’s contribution amount from one-third to 28%. Mike Beckstead, Chief Financial Officer, replied he does not recall a conversation in which the DDA was required to fund one-third of the structure. He stated its commitment is to roll over its contribution to the Civic Center structure to this structure after the Civic Center structure is paid off in June 2018. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 081, 2017, on Second Reading. 1.b Packet Pg. 19 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 489 RESULT: ORDINANCE NO. 081, 2017 ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 082, 2017, on Second Reading. RESULT: ORDINANCE NO. 082, 2017, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2017-062. Mayor Pro Tem Horak stated this is a good news item as downtown needed an additional parking structure and this public/private partnership made it possible. Councilmember Cunniff stated this provides an opportunity to look at the overall downtown parking policy. RESULT: RESOLUTION 2017-062 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck 15. First Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming Not Included in the 2017 Adopted City Budget. (Adopted on First Reading) The purpose of this item is to appropriate $10,790,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit the citizens of Fort Collins. Councilmember Summers asked about the source of the unanticipated revenues. Mark Sears, Natural Areas Manager, replied it primarily comes from higher than anticipated Natural Areas sales tax collected. Councilmember Summers asked about how parcels are identified for purchase. Sears replied the City’s land conservation is a multi-stage process involving a guiding Master Plan and input from the Land Conservation and Stewardship Board. Council is informed of the status of various projects and acquisitions quarterly in a confidential memorandum. 1.b Packet Pg. 20 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 490 Councilmember Summers asked if a certain set of criteria defines if parcels are appropriate for conservation or open space use. Sears replied many filters are applied to each parcel. Those include fitting into the Master Plan goals, fitting the various conservation values identified in the ballot language, and meeting the criteria of land evaluation form to determine the priority of the acquisition. Councilmember Summers asked how the amount budgeted for land acquisition is determined. Sears replied budgeting occurs through the bi-annual process. The ballot language is specific in dedicating amounts for land conservation activities. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 085, 2017, on First Reading. Mayor Pro Tem Horak noted the Natural Areas program has been thoroughly vetted through the overwhelming citizen tax support. Councilmember Cunniff noted land is getting more expensive; therefore, making purchases now maximizes the opportunity to save land for future generations. Mayor Troxell noted the land conservation program supports several community values. Mayor Pro Tem Horak noted the City leverages dollars and relationships with the County and neighboring cities. RESULT: ORDINANCE NO. 085, 2017, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck DISCUSSION ITEMS 16. Second Reading of Ordinance No. 080, 2017, Designating the James Ross Proving-Up House Located at The Farm at Lee Martinez Park, 600 North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted on Second Reading) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 5-0 (Cunniff, Overbeck recused) designates the James Ross Proving-Up House, currently located at The Farm at Lee Martinez Park, 600 North Sherwood Street, as a Fort Collins Landmark. The Recreation Department of the City of Fort Collins is initiating this request on behalf of the City as the owner. Councilmember Cunniff withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 080, 2017, on Second Reading. 1.b Packet Pg. 21 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 491 RESULT: ORDINANCE NO. 080, 2017 ADOPTED ON SECOND READING [4 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Summers, Troxell, Horak ABSENT: Stephens, Overbeck RECUSED: Cunniff 17. Second Reading of Ordinance No. 083, 2017, Appropriating and Transferring Prior Year Reserves in the General Fund and Appropriating Prior Year Reserves in the Light and Power Fund for Broadband Strategic Support Services. (Adopted on Second Reading) This Ordinance, adopted on First Reading on June 6, 2017 by a vote of 6-1 (nays: Summers) appropriates $160k of one-time funding for consulting support for the City’s Broadband efforts, per the current work scope. The effort to develop a more detailed Municipal Retail fiber internet service model will run in parallel with staff efforts to issue a Request for Proposal (RFP) to explore a third party alterative. As the work scope describes, consultants will work with City staff to develop details around how to launch a Municipal Retail fiber internet service. Those plans will enable the City, upon approval by Fort Collins voters authorizing the City to move forward, to immediately begin the effort, issue RFPs to support the design and construction, and begin internal processes for call centers, billing, marketing, sales, etc. Eric Sutherland suggested the URA is not compliant with state law and stated management of broadband should be done under a separate authority. Councilmember Martinez asked how long the consultants will be employed. Mike Beckstead, Chief Financial Officer, replied the engagement is through the end of the year; however, agreements can be terminated with two weeks notification. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 083, 2017, on Second Reading. Councilmember Martinez asked if the consultants are solely addressing how to build a retail business or if they will also determine whether the service will work. Beckstead replied the consultants have been hired primarily to help the City move forward with citizen engagement, evaluate the third-party respondents to the RFP issued in May, and work on the launch plan assuming voters approve moving forward. RESULT: ORDINANCE NO. 083, 2017 ADOPTED ON SECOND READING [4 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Troxell, Cunniff, Horak NAYS: Summers ABSENT: Stephens, Overbeck 18. First Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not Expended and Not Encumbered in 2016. (Adopted as Amended on First Re) City Council authorized expenditures in 2016 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2016 because: there was not sufficient time to complete bidding in 2016 and, therefore, there was no known vendor or binding contract as required to expend or encumber the monies 1.b Packet Pg. 22 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 492 the project for which the dollars were originally appropriated by Council could not be completed during 2016 and reappropriation of those dollars is necessary for completion of the project in 2017 to carry on programs, services, and facility improvements in 2017 with unspent dollars previously appropriated in 2016. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2016 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: Fund 2016 Amended Budget Reappro- priation Ord. No. 058, 2017 Additional Reappropriation Request % of 2016 Amended Budget General Fund $144,587,414 $948,174 $360,768 0.7% Keep Fort Collins Great Fund 30,582,621 691,195 5,000 2.3% Light and Power Fund 144,568,778 107,933 0.1% Data and Communications Fund 11,544,230 301,600 2.6% Utility Customer Service and Administration 18,168,083 40,608 0.0% TOTAL $349,451,126 $2,048,902 $406,376 0.7% Mike Beckstead, Chief Financial Officer, stated he is comfortable moving forward with this, despite sales tax revenues being below budget, because the use tax is over budget and general fund revenue is equal to or greater than budget. He stated the issue the City is facing with the revenue shortfall is how to align ongoing spending with ongoing revenue. Lawrence Pollack, Budget and Performance Measurement Manager, discussed what qualifies for reappropriation and stated this Ordinance is for six items for approximately $400,000 with the total 2017 reappropriation being $2.5 million. Councilmember Martinez asked why Fort Collins is experiencing a revenue slowdown compared to neighboring communities. Beckstead replied he does not have a specific answer to that question; however, at the end of the first quarter, other communities were experiencing some softening. Councilmember Martinez asked if this has occurred in Fort Collins in the past. Beckstead replied in the affirmative and stated 2009 and 2010 were both negative; however, the following years had significant increases and funds went into reserves. Councilmember Martinez requested some clarity prior to Second Reading. Beckstead replied he was unsure he would have data from other communities regarding second quarter data prior to Second Reading. Pollack noted these six specific items were budgeted in 2016 and had they been completed, the money would have been spent. Councilmember Summers asked about the balance of the general fund reserve. Beckstead replied it was just over $75 million as of 2016 year end. 1.b Packet Pg. 23 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 493 Councilmember Cunniff requested information regarding staff’s plan for the process to slow down and defer spending if necessary. Beckstead replied the priorities involve sweeping vacancy or fuel savings, using a portion of the $4.4 million contingency fund, and “stop-doing” or defer/delay for the remainder of the gap. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 090, 2017, on First Reading. Mayor Pro Tem Horak made a friendly amendment to the Ordinance by reducing funding for the Neighborhood Renewal Project and eliminating funding for the cybersecurity consulting services. He stated the two items have changed from their original scope. City Manager Atteberry noted the cybersecurity work is a continuation of ongoing work. Councilmember Summers stated he wants to ensure important cybersecurity work is not being curtailed. Dan Coldiron, Chief Information Officer, stated these funds will continue to pay for a consulting effort to identify and mature the City Utilities cybersecurity stance. Councilmember Cunniff stated this item does not belong in a reappropriation ordinance, but rather in the mid-cycle budget. Councilmember Martinez asked if eliminating these funds is a security risk. Coldiron replied he would advise doing the work and stated the funds would help to implement some of the consultants’ recommendations for improvement of the City’s cybersecurity environment. Councilmember Martinez asked if the timing of this work is critical or if waiting until the mid- cycle budget would be sufficient. Coldiron replied it would be a lost opportunity as the consultants would need to be re-engaged. Mayor Pro Tem Horak requested a memo outlining the tracking of the funds. Mayor Troxell asked if the Neighborhood Renewal Project would be able to come before Council during the mid-cycle budget process. City Manager Atteberry replied that project is not urgent. City Attorney Daggett outlined the Ordinance changes proposed by Mayor Pro Tem Horak. Mayor Troxell stated he would support the amended Ordinance and commended staff on their work. Councilmember Summers commended Mayor Pro Tem Horak and Councilmember Cunniff for their work on the Council Finance Committee. 1.b Packet Pg. 24 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 494 RESULT: ORDINANCE NO. 090, 2017, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 19. Second Reading of Ordinance No. 084, 2017, Appropriating Prior Year Reserves in the General Fund for Larimer County Jail Services. (Adopted) This Ordinance, unanimously adopted on First Reading on June 6, 2017, appropriates funding to pay for services relating to the City’s use of the Larimer County Jail for municipal defendants for 2017. Eric Sutherland stated he is concerned regarding the overall nexus between City and County finances and how that is distorted by tax increment financing. He discussed jail overcrowding and questioned what the City is doing to reduce incarceration rates. Mayor Troxell requested staff input regarding Mr. Sutherland’s comments and noted staff has completed analyses on TIF and the County. Mike Beckstead, Chief Financial Officer, replied the City spent about two years working with a group of other municipalities and taxing entities and a new financial model was ultimately developed. The model estimates the cost impact on those taxing entities and built a qualitative framework for assessing some of the less quantifiable factors. Councilmember Martinez requested Police input regarding the three-bed jail package. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) Interim Police Chief Terry Jones replied the courts will have a significant role in the jail proposal as these are generally sentenced individuals at the municipal level that will now find time to spend in the Larimer County Jail if the judge so designates that as a sentence. Police Services sees it as a positive change. Councilmember Martinez asked how these three spaces play into jail overcrowding. Jones replied Sherriff Smith has indicated to all county municipalities that the jail is at maximum capacity. The fact that he is separating out three beds for Fort Collins is a positive for the city. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 084, 2017, on Second Reading. Mayor Pro Tem Horak requested staff information regarding the alternative sentencing program. City Attorney Daggett replied this IGA will help in the implementation of a number of standard practices and will aid in influencing offenders to follow through with alternative sentences that are part of plea bargains. Mayor Troxell stated he would support the item and stated this will be an important tool in keeping community safety at the forefront. 1.b Packet Pg. 25 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 495 Councilmember Martinez stated he would like to see a measurement of the success of this program. Jones replied there is not currently a mechanism in place for that; however, something could be formulated. RESULT: ORDINANCE NO. 084, 2017, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck 20. Resolution 2017-060 Approving the 2017 Certification to the Larimer County Assessor Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment. (Adopted) The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax increment from the 2017 property taxes payable in 2018 to the City and to all other affected taxing entities. Eric Sutherland discussed the use of tax increment financing and stated there has never been a study indicating an affirmative economic improvement from its use. He discussed the diversion of revenues to which he stated the URA is not entitled. Mayor Troxell stated he has met with Mr. Sutherland and discussed the difference of opinion related to the state statute that allows for the use of tax increment financing by the URA. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2017-060. RESULT: RESOLUTION 2017-060 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Troxell, Cunniff, Horak ABSENT: Stephens, Overbeck OTHER BUSINESS Councilmember Summers requested information regarding the Vibrant Neighborhood Grant Program. City Manager Atteberry replied he would present a memo separately. Councilmember Summers noted part of the Strategic Plan involves enhancing community involvement and engagement and stated he would like to see staff complete an evaluation of the current Boards and Commissions structure. Mayor Pro Tem Horak suggested staff provide Council with information regarding the current public engagement efforts. Councilmember Cunniff stated a new process is in place to evaluate each individual Board in a more detailed way. Councilmember Martinez discussed Neighborhood Night Out on August 1 st . 1.b Packet Pg. 26 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 5, 2017 City of Fort Collins Page 496 ADJOURNMENT The meeting adjourned at 8:17 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.b Packet Pg. 27 Attachment: July 5, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) City of Fort Collins Page 497 July 18, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Cunniff, Horak ABSENT: Summers, Troxell Staff Present: Atteberry, Daggett, Winkelmann, Knoll AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated a discussion regarding a possible Charter amendment that would modify the types of cases heard by Municipal Court will be discussed under Other Business. CITIZEN PARTICIPATION Eric Sutherland discussed the Municipal Court item added to Other Business and stated the City does not understand the mechanics of being a home rule city. Gavin Kaszynski, Associates in Family Medicine Chief Financial Officer, announced the opening of the CSU Health and Medical Center. He discussed the value of the Center as a community resource and announced the open house. Debra James opposed changes to Transfort routes 6 and 12. Nadine Dirksen supported adoption of the Community Trust Ordinance. Sarah Wernsing supported adoption of the Community Trust Ordinance. Frances Gaebler supported adoption of the Community Trust Ordinance. Nathan Howard supported adoption of the Community Trust Ordinance. Kimberly Baker-Medina, immigration attorney, supported adoption of the Community Trust Ordinance. Kevin Cross, Fort Collins Community Action Network, supported adoption of the Community Trust Ordinance. Kelly Connor supported adoption of the Community Trust Ordinance. Olivia Brown-Fisher supported adoption of the Community Trust Ordinance. Nevan Mandel supported adoption of the Community Trust Ordinance. 1.c Packet Pg. 28 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 498 CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tem Horak requested staff input regarding the Transfort routes mentioned by Ms. James. Jeff Mihelich, Deputy City Manager, replied no changes are planned for routes 6 and 12 this year. Mayor Pro Tem Horak requested staff input regarding the Community Trust Ordinance. He noted the staff report has been released and asked when a recommendation will come forward. Jackie Kozak-Thiel, Chief Sustainability Officer, stated staff has received direction from the Leadership Planning Team to draft a resolution for Council consideration, which could occur in August. Mihelich replied staff will prepare a memorandum for Council consideration which includes potential recommendations from the City Manager’s Office, including a draft resolution. Kozak-Thiel stated staff has researched other cities’ resolutions and the next step will involve getting feedback from Council regarding the report. Councilmember Cunniff stated he wants to ensure a public and transparent process. CONSENT CALENDAR A citizen withdrew Item No. 11, First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado, from the Consent Agenda. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Cunniff, Horak ABSENT: Summers, Troxell 1. Second Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming Not Included in the 2017 Adopted City Budget. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $10,790,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit the citizens of Fort Collins. 2. Second Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $143,563 in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup from the May 18 and 19 spring snowstorm to various City funds. This appropriation request will be used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work for other departments" costs 1.c Packet Pg. 29 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 499 that cannot be recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup. 3. Second Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999 Restoration of the Northern Hotel. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes the release of a collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures performance obligations contained within the Northern Hotel Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is requested by the property owner, an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an affordable housing developer with a strong local presence. 4. Second Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes conveyance of a utility easement and an amended access easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River. The City has asked Public Service to realign its access easement to the regulator station and formalize its utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes. 5. Second Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not Expended and Not Encumbered in 2016. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2017, reappropriates 2016 appropriations authorized by City Council that lapsed at the end of 2016. The authorized expenditures were not spent or could not be encumbered in 2016 because: there was not sufficient time to complete bidding in 2016 and, therefore, there was no known vendor or binding contract as required to expend or encumber the monies the project for which the dollars were originally appropriated by Council could not be completed during 2016 and reappropriation of those dollars is necessary for completion of the project in 2017 to carry on programs, services, and facility improvements in 2017 with unspent dollars previously appropriated in 2016. 6. First Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a Federal Emergency Management Agency Grant for Acquisition and Remediation of Property Adjoining the Downtown Whitewater Park Area. (Adopted) The purpose of this item is to appropriate a $232,509 Federal Emergency Management Agency (FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has been previously appropriated by the City. The funds will pay for the acquisition and remediation of a property adjoining the downtown whitewater park area. 7. First Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. (Adopted) The purpose of this item is to amend the Traffic Code to allow for the immediate removal and impoundment of vehicles on public streets and alleys as a means of enforcing violations to the 1.c Packet Pg. 30 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 500 Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium events. The Code change would also allow the City to create new tow-away zones, if needed in the future. 8. First Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on Yards. (Adopted) The purpose of this item is to consider an Ordinance that allows for immediate ticketing for parking on yards during Colorado State University (CSU) game days and major stadium events. 9. First Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In Conjunction With the November 7, 2017 Larimer County Coordinated Election. (Adopted) The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot relating to Charter amendments, it would need to do so no later than August 29 in order to meet statutory requirements for publication. If Council does not take action by ordinance or resolution before the statutory deadline (September 8) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 7, 2017 Coordinated Election. 10. First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. (Adopted) The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. 11. First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the 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 Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. 12. Resolution 2017-066 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton First Annexation. (Adopted) The purpose of this item is to initiate annexation proceedings for the Newton First Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton First Annexation is the first Resolution of this series of sequential annexations, for a total of 1.4463 acres. Newton First Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is 1.c Packet Pg. 31 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 501 Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 13. Resolution 2017-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton Second Annexation. (Adopted) The purpose of this item is to initiate annexation proceedings for the Newton Second Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton Second Annexation is the second and last Resolution of this series of sequential annexations. Newton Second Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 14. Resolution 2017-068 Approving the Assignment of the Purchase and Sale Agreement Between the City and the Housing Authority of the City of Fort Collins for the Purchase of 1506 West Horsetooth Road, Fort Collins, Colorado, to Village on Horsetooth, LLLP. (Adopted) The purpose of this item is to consider a request from Fort Collins Housing Authority, dba Housing Catalyst (Authority) to assign its interest in the Purchase and Sale Agreement for the purchase of 1506 West Horsetooth Road, to Village on Horsetooth, LLLP. On March 1, 2016, City Council adopted Ordinance No. 025, 2016, authorizing the conveyance of the property to the Authority. The Ordinance specifically authorized the sale to the Authority. 15. Resolution 2017-069 Authorizing the City Manager to Execute an Agreement between the City of Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization to Use a Portion of Pretreated Wastewater in Cooling Towers. (Adopted) The purpose of this item is to consider an agreement to allow New Belgium Brewing Company, Inc. (NBB) to use a portion of pretreated wastewater from its on-site water treatment plant to run through cooling towers for a 12-month pilot period. NBB has requested permission to gather more data in order to determine the feasibility of operating the system on a long-term basis. This pilot period also allows Utilities an opportunity to evaluate this type of system for long term program development. This system was also tested for a period of 30 days last year in October pursuant to a separate agreement authorized under Resolution 2016-061. During that test period NBB and Utilities gathered positive data and NBB would like the opportunity to fine tune the system. NBB agrees to abide by all local and state regulation for the test period and the plan has been reviewed extensively by City staff. 16. Resolution 2017-071 Supporting the Grant Application for an Inspire Grant From the State Board of Great Outdoors Colorado Trust Fund. (Adopted) The purpose of this item is for Council to offer its support of an implementation grant application submitted by the City for Great Outdoors Colorado (GOCO) Inspire Initiative, a funding opportunity that focuses on connecting youth and their families to the outdoors in underserved communities. GOCO requires a resolution by City Council supporting the implementation grant application. 17. Resolution 2017-070 Approving Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. 1.c Packet Pg. 32 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 502 18. Resolution 2017-072 Appointing Arsineh Hecobian to the Air Quality Advisory Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Arsineh Hecobian to fill a vacancy that currently exists on the Air Quality Advisory Board due to the resignation of Robert Kirkpatrick. Arsineh Hecobian’s term is to begin immediately and is set to expire on December 31, 2018. END CONSENT STAFF REPORTS Jon Haukaas, Water Engineer and Field Services Manager, introduced Owen Randall, Chief Engineer. Randall stated the Michigan Ditch project was completed October 27, 2016, and came in under budget. He discussed the tunnel boring procedure and showed photos and a time-lapse video of the process. Mayor Pro Tem Horak asked why this project is important for Fort Collins citizens. Randall replied the water from the Michigan Ditch is very valuable to the Water Utility and when the water was not available, the Utility was unable to access about 90% of the water to which it was entitled. Councilmember Stephens asked why wood was used in the tunnel. Randall replied that technology is tried, true, efficient, and much cheaper. Councilmembers expressed their gratitude for work on the project. COUNCILMEMBER REPORTS Councilmember Overbeck reported on a meeting with the Downtown Business Association regarding New West Fest. Mayor Pro Tem Horak reported on a meeting Police Services held with the City Park neighborhood regarding a recent homicide. He briefly discussed I-25 projects and funding options. Councilmember Overbeck reported on a neighborhood meeting with the Buckingham neighborhood regarding events at breweries. DISCUSSION ITEMS 19. First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. (Adopted on First Reading) The purpose of this item is to consider changes to Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. 1.c Packet Pg. 33 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 503 Jeff Mihelich, Deputy City Manager, stated staff has considered the obstruction ordinance as an offshoot of public outreach regarding the appropriate use of public spaces ordinances. The proposed modifications would prohibit the blocking and passage of public fixtures, including pedestrian walk signals, benches, and water fountains. The minor amendment to the trespass ordinance addresses flower beds. Lynn Thompson, Fort Collins Homeless Coalition, disagreed that the proposed changes are too minor for a public outreach process. She expressed concern the changes overly-broaden the obstruction ordinance and stated the 20-foot distance is poorly related to the idea of creating clear passage. Debra James opposed the proposed changes as being discriminatory to homeless citizens. Kelly Connor opposed the proposed changes stating they will harm more people than they will help. Andy Auer opposed the proposed changes. Nevan Mandel opposed the proposed changes. Nicholas Mouton stated the proposed changes should be subject to public comment. Cheryl Distaso, Fort Collins Homeless Coalition, expressed concern regarding the proposed changes. Fran Levine opposed the proposed changes. Katie Simota opposed the proposed changes. Nancy York opposed the proposed changes and stated they may lead to illegal discrimination. Councilmember Stephens asked how the 20-foot distance was determined. Mihelich replied the 20-foot obstruction from a business entrance has been part of the ordinance for many years and is not a new provision. He discussed the likely reasons for the provision, such as allowing for deliveries or mobility devices. Councilmember Stephens asked if any progress on a day shelter has occurred. Mihelich replied that idea is still being examined; however, there are many existing multi-purpose facilities such as Catholic Charities and Murphy Center. Councilmember Stephens asked if these changes are necessary if the 20-foot distance and keeping off flower beds are already part of existing regulations. Mihelich replied the language in the Code regarding flower beds relates to destruction of planter contents. These changes will also prohibit causing damage to planters. Councilmember Cunniff asked if some of the planters were designed for edge seating. Mihelich replied in the affirmative. Councilmember Cunniff asked if the proposed changes are necessary given some of the planters are designed for seating. Mihelich replied these regulations would only be enforced in the instance of inappropriate sitting or lying within the flower beds. 1.c Packet Pg. 34 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 504 Councilmember Martinez asked about the width of downtown sidewalks. Mihelich replied they are 15 feet wide; however, there are many places throughout downtown, particularly on corners, where not only the sidewalk is in the right-of-way. Councilmember Martinez asked how many people responded to the questionnaire regarding the appropriate use of public space ordinance. Mihelich replied there was a tremendous public outreach effort, and as a result, Council clearly directed staff to forego exploring the appropriate use of public space ordinance but rather to dig deeper and look at the obstruction ordinance. Mihelich stated language clarification could be inserted prior to Second Reading regarding planters designed for seating; however, he noted placement of belongings on flower beds is also damaging. City Attorney Daggett clarified the trespass provision makes clear that, to the extent there are objects in the right-of-way on the sidewalk that are not intended to be sat or laid upon, that action is not permitted. However, if there are planters or other types of objects designed and intended to be sat upon, that is not prohibited. She noted the term “entrance” is defined as part of these proposed changes. Councilmember Overbeck requested a map showing the areas in the city to which the 20-foot regulation would apply. He asked why these changes were not brought before boards and commissions. Mihelich replied the public outreach regarding the topic of unwanted behaviors and movement along the sidewalks was intense and boards and commissions weighed in heavily at that time. Councilmember Overbeck suggested lowering the 20-foot distance. Councilmember Stephens asked about specific ADA requirements. Mihelich replied staff would return with that information. Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 100, 2017. Councilmember Cunniff noted this Ordinance is the direct result of Council direction and stated sidewalks need to be available for their intended purpose. He expressed support for the Ordinance as written. Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to amend the motion to reduce the distance from 20 feet to 15 feet in the appropriate ordinance sections. Councilmember Stephens agreed this was requested by Council; however, she stated she is more comfortable with 15 feet. City Attorney Daggett displayed the ordinance language with the distance change. Councilmember Stephens supported this ordinance as a compromise. Councilmember Martinez asked how enforcement of a 15-foot distance would occur. Kevin Cronin, Assistant Police Chief, replied the primary concern is accessibility for all as well as the use of Old Town. He stated events with alcohol could cause issues with a 15-foot distance. 1.c Packet Pg. 35 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 505 Councilmember Martinez stated people with disabilities should not be restricted in their movement and supported the 20-foot distance as a necessity. Councilmember Cunniff stated he supports the creation of a map, but stated Police feedback is important and opposed the motion to reduce the distance at this time. The vote on the motion to amend was as follows: Yeas: Overbeck and Stephens. Nays: Cunniff, Horak and Martinez. THE MOTION FAILED. Councilmember Overbeck stated he will not support the Ordinance until he sees the map identifying the community impact. Councilmember Martinez stated he would support the motion. Councilmember Stephens stated she would not support the motion as the entire 15-foot width of the sidewalk should be plenty. RESULT: ORDINANCE NO. 100, 2017, ADOPTED ON FIRST READING [3 TO 2] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Cunniff, Horak NAYS: Stephens, Overbeck ABSENT: Summers, Troxell (Secretary's Note: The Council took a brief recess at this point in the meeting.) CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 20. First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm- Homestead Annexation to the City of Fort Collins, Colorado. (Adopted on First Reading) The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort Collins. The Initiating Resolution was adopted on consent, June 6, 2017. The property is situated between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the west of the Homestead PUD. Kai Kleer, Planning Services, stated this annexation is approximately a 109-acre enclave annexation in southeast Fort Collins between south Timberline and Ziegler. The recommended zoning is Urban Estate based on the Structure Plan and Fossil Creek Reservoir Area Plan. The annexation meets the 3-year eligibility requirements as outlined by Colorado Statutes and is consistent with the policies contained within the intergovernmental agreements between the City and Larimer County. John Baum requested a reduction in stormwater fees after annexation until a property is modified in such a way to significantly affect stormwater runoff. He stated the properties in his neighborhood absorb water rather than contribute to runoff. He stated his second request is for 1.c Packet Pg. 36 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 506 the Utilities Executive Director to reduce the fees should Council opt not to do so. Brad Ardt stated the lots in the subdivision have a very low percentage of hardscape cover and requested a reduction in stormwater fees. James Ott requested a reduction in stormwater fees given most of each lot is pasture land which will absorb stormwater rather than contribute to runoff. Eric Sutherland commented on City Utility fees. Jon Haukaas, Water Engineer and Field Operations Manager, stated staff considered this request and determined the Code does recognize variability in lot sizes and these fees provide a collective benefit for flood mitigation and other city-wide systems. Councilmember Cunniff asked if PILOTs have been discussed with the other water and sanitation districts. Haukaas replied it has not been part of the collaboration discussion to date but he will look into the topic. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 098, 2017, on First Reading. Mayor Pro Tem Horak noted the agenda materials state a $37 monthly fee while some of the speakers indicated a higher dollar amount. Haukaas replied the agenda item summary included that example to show some of the reductions and calculations for a 100,000-square foot, or 2.5 acre, lot. The amount is not only based on impervious surface but lot size as well. RESULT: ORDINANCE NO. 098, 2017 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Cunniff, Horak ABSENT: Summers, Troxell OTHER BUSINESS Mayor Pro Tem stated a possible Charter amendment would modify the jurisdiction of the Municipal Court to eliminate the potential for civil claims, which would instead go to District Court. Councilmember Cunniff stated he would like to have additional public discussion and sub- committee work on the topic prior to placing the Charter amendment on the ballot. City Attorney Daggett stated the Charter places original jurisdiction over any matters arising over the City Charter or Code with the Municipal Court. A land use decision made by Council was recently appealed to the Municipal Court by parties-in-interest and the case is proving to be somewhat difficult for the Court given alleged conflict of interest issues and the type of case. This amendment would eliminate, in the future, continued use of the Municipal Court as the means of challenging Council decisions or civil claims. Councilmembers Martinez and Stephens supported moving forward with placing the item on a Council agenda for consideration. 1.c Packet Pg. 37 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 507 Councilmember Overbeck asked if a public outreach process can occur. City Manager Atteberry replied the timeline is limited; however, staff could have some outreach per Council direction. Councilmember Cunniff noted this will not affect the trajectory of the current case and suggested the item could be placed on the April ballot. Mayor Pro Tem Horak suggested discussing the item at next week’s work session. Consideration of a motion to amend the Call of Special Meeting for 6:00 p.m., Tuesday, August 8, 2017. Councilmember Cunniff made a motion, seconded by Councilmember Stephens, pursuant to Section 2-29a of the City Code, that the City Council add to the subjects to be discussed at the Special Meeting of the Council called by motion of the Council on June 6, 2017 for 6:00 PM on Tuesday, August 8, 2017, for the purpose of considering matters related to broadband and other telecommunication services in Fort Collins and taking related actions on the following items: Consideration of a resolution approving comments on the Northern Integrated Supply Project (NISP) wildlife mitigation plan Consideration on First Reading of an ordinance appropriating funds for the cost of the November 7 th Special Municipal Election Consideration on First Reading of an ordinance appropriating funds for the construction of the Gardens on Spring Creek Consideration on First Reading of an ordinance setting a Charter amendment and related ballot language to be presented to the voters at the November 7 th special municipal election. Councilmember Cunniff made a friendly amendment to eliminate the last item from the motion. The friendly amendment was accepted by Councilmember Stephens. Councilmember Cunniff stated he would like to receive public comment on the NISP item. Mayor Pro Tem Horak stated boards which have previously weighed in on the topic will be presented with information as soon as possible. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Cunniff, Horak ABSENT: Summers, Troxell ADJOURNMENT Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to adjourn to 6:00 PM on Tuesday, July 25, 2017, for the purpose of conducting the mid-year evaluation of the Municipal Judge and considering such matters as may come before the Council. 1.c Packet Pg. 38 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) July 18, 2017 City of Fort Collins Page 508 RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Cunniff, Horak ABSENT: Summers, Troxell The meeting adjourned at 8:29 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.c Packet Pg. 39 Attachment: July 18, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) City of Fort Collins Page 509 July 25, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann 1. Executive Session Authorized. 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 the City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(I), for the purpose of conducting mid-year performance review of the Municipal Judge. RESULT: APPROVED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak OTHER BUSINESS Councilmember Martinez discussed the request from the Citizens Review Board to increase the number of its members to share the workload. A memo will be provided to provide additional information about this request. ADJOURNMENT The meeting adjourned at 6:38 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.d Packet Pg. 40 Attachment: July 25, 2017 (5780 : minutes-6/27, 7/5, 7/18, 7/25) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Noah Beals, Senior City Planner/Zoning Tom Leeson, Director, Comm Dev & Neighborhood Svrs Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2017, updates the Land Use Code (LUC) sign regulations with content neutral standards. The Ordinance has two changes from First Reading to correct an omission in a table and the definition of feather flag. In Section 3.8.7.2 Table G2 (page 29 of the Ordinance) did not include the duration of time a feather flag could be displayed. The table was corrected and now includes the display time. The definition of feather flag included an extra word that has been deleted (page 34 of the Ordinance). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BOARD / COMMISSION RECOMMENDATION At its July 20, 2017 meeting, the Planning and Zoning Board recommended adoption of the Ordinance as part of its consent agenda. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (PDF) 2 Packet Pg. 41 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF Noah Beals, Senior City Planner/Zoning Tom Leeson, Director, Comm Dev & Neighborhood Svrs Cameron Gloss, Planning Manager SUBJECT First Reading of Ordinance No. 088, 2017, Amending the Land Use Code Sign Regulations. EXECUTIVE SUMMARY The purpose of this item is to update the Land Use Code (LUC) sign regulations with content neutral standards. This Ordinance will address the following: Eliminate standards that focus on the message of the sign Create two Code sections, a permanent and temporary sign section Introduce new standards based on the material classification for temporary signs Provide additional clarification to standards for permanent signs Add new terms with definitions related to temporary signs. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Within the last few years, many jurisdictions across the nation have updated their sign codes in response to the United States Supreme Court case, Reed v. Town of Gilbert. These updates have clarified their regulations to ensure they are content neutral. Content neutral sign regulations do not vary standards such as size, location, and duration based on the message of the sign. In a review of the City of Fort Collins current sign standards, it was found some of the standards referenced the type or message of the regulated sign. City staff has worked with a consultant to identify these types of standards and offer an alternative solution in regulating signs. Proposed Ordinance Highlights The creation of two sign sections is proposed - a permanent and temporary sign section. A large portion of the Ordinance deals with temporary signs. These changes include classifying temporary signs based on the material of the sign ranging from laminated paper to metal. Temporary signs also are classified based on the design of the sign. These classifications include yard sign, site sign, swing sign, feather flag and banner. ATTACHMENT 1 2.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5758 : SR 088 Interim Sign Code) Agenda Item 13 Item # 13 Page 2 Regulations concerning the size, location and duration of temporary signs are further regulated based on new temporary sign districts. The following table identifies which new sign district relates to the City of Fort Collins existing zone districts. Table D TEMPORARY SIGN DISTRICTS Sign District Corresponding Zoning Districts Downtown D; R-D-R Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I Multifamily/Mixed-Use L-M-N; M-M-N; N-C-M; N-C-B; H-M-N; N-C Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C Permanent sign code section changes include allowing flags and eliminating standards that were based on the message of the sign. New definitions have been created to define the new sign types. Some older definitions have been updated to prevent overlap with the new definitions. Additionally, the current definition of a Sign included message-based standards that are proposed to be eliminated. CITY FINANCIAL IMPACTS The City of Fort Collins Zoning staff currently reviews applications and inspects the installation of signs/banners. It is anticipated that staff time dedicated to signs/banners will increase for the first year after the adoption of the proposed changes. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will review the proposed changes during its regularly scheduled meeting on July 20. If this Ordinance is adopted on First Reading, the Planning and Zoning Board’s recommendation will be available at the time of Second Reading, currently scheduled for August 15. PUBLIC OUTREACH Staff in Zoning and the City Attorney’s Office, along with the consultants, engaged citizens, business owners and sign contractors in discussions of sign code updates at two public outreach sessions held December 19, 2016 and January 13, 2017. The general feedback received from these sessions included: Content neutral is a good idea Other sections of the sign code should be explored. Further outreach has been scheduled with the Chamber of Commerce. This outreach is scheduled for June 30. Feedback from the June 30 meeting will be included in the Council read-before packet on July 5. ATTACHMENTS 1. Public Outreach Meeting Notes, December 19, 2016 (PDF) 2. Public Outreach Meeting Notes, January 13, 2017 (PDF) 3. Work Session Summary, May 23, 2017 (PDF) 4. Ordinance No. 088, 2017 (PDF) 2.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5758 : SR 088 Interim Sign Code) -1- ORDINANCE NO. 088, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE SIGN REGULATIONS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code; and WHEREAS, the Land Use Code contains regulations regarding signs within the City; and WHEREAS, the 2015 United States Supreme Court case Reed v. Town of Gilbert and subsequent lower court decisions applying Reed v. Town of Gilbert prompted a review of the City’s sign regulations with regards to the issues of content and viewpoint neutrality; and WHEREAS, the changes to the City’s sign code contained in this Ordinance are for the purpose of ensuring compliance with Reed v. Town of Gilbert and related cases; and WHEREAS, the City has legitimate, important, substantial, or compelling interests in: 1. Preventing the proliferation of signs that tends to result from property owners competing for the attention of passing motorists and pedestrians (also known as “sign clutter”), because sign clutter: a. Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians; b. May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards; c. Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and d. Dilutes or obscures messages on individual signs due to the increasing intensity of competition for attention. 2. Protecting the health of its tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region; and 3. Maintaining a high quality aesthetic environment to protect and enhance property values and the public investment in streets, sidewalks, trails, plazas, parks, and landscaping, and to enhance community pride; and WHEREAS, the Council finds that: 1. The regulations set out in this Ordinance are unrelated to the suppression of constitutionally-protected free expression, do not relate to the content of protected Packet Pg. 44 -2- messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers; 2. Any incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this Ordinance is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are advanced herein; 3. Regulation of the location, number, materials, height, sign area, form, and duration of display of signs is essential to preventing sign clutter; and 4. Signs may be degraded, damaged, moved, or destroyed by causes including wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City if they are not removed; and WHEREAS, the purpose and intent of this Ordinance is to establish reasonable regulations for the design, location, installation, maintenance, and removal of signs in a manner that advances the City’s legitimate, important, substantial, and compelling interests, while simultaneously safeguarding constitutionally protected free speech; and WHEREAS, the City Council has determined that the Land Use Code sign regulations contained in this Ordinance will promote the objectives and public purposes described above and are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.8.7 of the Land Use Code is hereby amended to read as follows: 3.8.7 Signs. 3.8.7.1 Permanent Signs (A) General. (1) Signs Permitted. Permanent signs shall be permitted in the various zone districts as accessory uses in accordance with the regulations contained in this Section. The regulations contained in this Section 3.8.7.1 apply to permanent signs while temporary signs are regulated under Section 3.8.7.2 unless specifically provided herein. Packet Pg. 45 -3- (2) Prohibited Permanent Signs. Rooftop signs and all other signs which project above the fascia wall, portable signs, revolving and rotating signs, inflatable signs, and wind-driven signs (except flags in compliance with this Section 3.8.7.1) shall be prohibited in all zone districts. (3) Nonconforming Signs. (a) Existing signs which were erected without a permit and which, although legally permissible at the time they were erected, have become nonconforming because of subsequent amendments to this Code must be brought into conformance with the provisions of this Section, as amended, within ninety (90) days of the effective date of the amendment which caused the nonconformity. (b) Existing on-premise signs for which a sign permit was issued pursuant to the previous provisions of this Code, and which have become nonconforming because of an amendment to this Code, shall be brought into conformance with the provisions of this Section 3.8.7.1 within the period of time specified in the ordinance containing the amendment which causes the nonconformity. In determining such period of time, the City Council shall consider the length of time since the last Code change affecting that same category of signs as well as the cost of bringing the signs into compliance. During the period of time that the signs may remain nonconforming, such signs shall be maintained in good condition and no such sign shall be: 1. structurally changed to another nonconforming sign, although its content may be changed; 2. structurally altered in order to prolong the life of the sign, except to meet safety requirements; 3. altered so as to increase the degree of nonconformity of the sign; 4. enlarged; 5. continued in use if a change of use occurs as defined in the zoning ordinance, or if the premises promoted by the sign comes under new ownership or tenancy and such sign is proposed to be remodeled, repainted or otherwise changed for the purpose of displaying the new name or other new identification of the premises; or Packet Pg. 46 -4- 6. re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty (50) percent of the appraised replacement cost. (c) Except as provided in subsection (d) below, all existing nonconforming signs located on property annexed to the City shall be removed or made to conform to the provisions of this Article no later than seven (7) years after the effective date of such annexation; provided, however, that during said seven-year period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraphs (b)(1) through (b)(6) above. This subsection shall not apply to off- premises signs which are within the ambit of the just compensation provisions of the Federal Highway Beautification Act and the Colorado Outdoor Advertising Act. (d) All existing signs with flashing, moving, blinking, chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the City after November 28, 1971, shall be made so that such flashing, moving, blinking, chasing or other animation effects shall cease within sixty (60) days after such annexation, and all existing portable signs, vehicle-mounted signs, banners and pennants located on property annexed to the City after November 28, 1971, shall be removed or made to conform within sixty (60) days after such annexation. (B) Administration. (1) Permit Required; Exceptions. (a) The erection, remodeling, reface, or removal of any permanent sign shall require a permit from the Director, except that no permit shall be required for the erection, remodeling or removal of any of the following signs: 1. Signs that are required by law at the minimum size required, including but not limited to address signs that are required by the applicable Fire Code; 2. One attached sign of any type per building elevation or entrance (whichever provides for more signs on an elevation), provided that the sign does not exceed two square feet in sign area; 3. Three or fewer flags per property, or group of properties that were planned or developed with shared pedestrian or Packet Pg. 47 -5- vehicle access, hung separately or together from a rigid, straight, building or ground-mounted flagpole, or flagpoles, and where no flag exceeds 32 square feet in area; 4. Signs that are less than one square foot in sign area that are attached to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, utility cabinets, and other such structures, provided that no more than two of such signs are spaced less than 10 feet apart, or such signs are not visible from public rights-of-way; and 5. Window signs that are less than 6 square feet. (b) All sign permit applications shall be accompanied by detailed drawings indicating the dimensions, location and engineering of the particular sign, plat plans when applicable, and the applicable processing fee. (2) Permit Processing. The Director shall review the sign permit application within two business days to determine if it is complete. If it is complete, the Director shall approve or deny the application within three business days after such determination. If it is incomplete, the Director shall cause the application to be returned to the applicant within one business day of the determination, along with written reasons for the determination of incompleteness. (C) Standards and Limitations. (1) Limitations for Residential Districts and Uses. Signs in the N-C-L, N-C- M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, R-C and P-O-L Districts may include and shall be limited to the following: (a) one (1) sign per public vehicular entry to a multi-family development or residential subdivision, provided such sign does not exceed thirty-five (35) square feet in area per face, or six (6) feet in height, and has only indirect illumination; When such signs are placed on subdivision entry wall structures, only the sign face shall be used to calculate the size of the sign; (b) one (1) detached or attached sign per nonresidential use, provided such sign does not exceed thirty-five (35) square feet in area per face or eight (8) feet in height (for detached signs), and has only indirect illumination; Packet Pg. 48 -6- (c) one (1) detached or attached sign per single-family or duplex building with lot frontage on an arterial street, provided that such sign does not exceed four (4) square feet in area per face. or five (5) feet in height, and has no illumination. (D) General Limitations for Nonresidential Districts and Uses. Signs in the D, R-D- R, C-C, C-C-N, C-C-R, C-G, C-S, N-C, C-L, H-C, E and I districts, or for any institutional/civic/public, business, commercial or industrial use in a mixed-use district shall be limited to the following: (1) such signs as are permitted in the R-L District; (2) one (1) flag larger than thirty-two (32) square feet in area and within the permitted sign area allowance for the property, provided no other flags are displayed; (3) flush wall signs, projecting wall signs, window signs, freestanding signs and ground signs, provided that the placement and use of all such signs shall be governed by and shall be within the following limitations: (a) For the first two hundred (200) feet in building frontage length, the maximum sign area permitted shall be equal to two (2) square feet of sign area for each linear foot of building frontage length. (b) For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to one (1) square foot of sign area for each linear foot of building frontage length over such two hundred (200) feet. The sign area permitted hereunder shall be in addition to the sign area permitted under (3)(a) above. (c) In no event shall the total sign allowance for any property be less than one (1) square foot of sign allowance for each linear foot of lot frontage. (d) In no event shall more than three (3) street or building frontages be used as the basis for calculating the total sign allowance as permitted in subsections (3)(a) and (3)(c) above, inclusive. (e) For flush wall signs consisting of framed banners, all banners shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame. (4) For the purpose of this Section, the sign allowance shall be calculated on the basis of the length of the one (1) building frontage which is most nearly parallel to the street it faces. If a building does not have frontage on Packet Pg. 49 -7- a dedicated public street, the owner of the building may designate the one (1) building frontage which shall be used for the purpose of calculating the sign allowance. If the only building frontage which fronts on a dedicated street is a wall containing no signs, the property owner may designate another building frontage on the building on the basis of which the total sign allowance shall be calculated, provided that no more than twenty-five (25) percent of the total sign allowance permitted under this Article may be placed on frontage other than the building fascia which was the basis for the sign allowance calculation. In all other cases, the sign allowance for a property may be distributed in any manner among its building and/or street frontages except that no one (1) building or street frontage may contain more sign area than one hundred (100) percent of the sign area provided for by (3)(a) through (3)(c) above, inclusive. (5) In addition to the sign allowance calculation described in paragraph (4) above, a building located in the Downtown (D) Zone District that abuts an alley which has been improved pursuant to the Downtown Development Authority's Alley Enhancement Project may be allowed one (1) flush wall sign not to exceed six (6) square feet, or one (1) projecting wall sign not to exceed six (6) square feet per side, on the rear wall of such building, provided that a public entrance to the building exists in said wall. (E) Limitations for Nonresidential Districts and Nonresidential Uses in the Residential Neighborhood Sign District. There is hereby established a "Residential Neighborhood Sign District" for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The boundaries of the "Residential Neighborhood Sign District" shall be shown on a map which shall be maintained in the office of the City Clerk. Any amendments to this map shall be made in the same manner as amendments to the Zoning Map of the City, as provided in Article 2. The following provisions shall only apply to project development plans proposed in the Neighborhood Commercial Districts and neighborhood service centers, convenience shopping centers, business service uses and auto-related and roadside commercial uses in the "Residential Neighborhood Sign District" which are developed on or after January 15, 1993. In addition, all such provisions, except paragraphs (14) and (15) below, shall apply to signs in neighborhood service centers, neighborhood commercial districts, convenience shopping centers, business service uses and auto-related and roadside commercial uses in the "Residential Neighborhood Sign District" which were developed prior to the effective date of this Code, whenever such signs are erected or remodeled pursuant to a permit after January 15, 1993. (1) Signs regulated under this Section shall generally conform to the other requirements of this Section, except that when any of the following limitations are applicable to a particular sign, the more restrictive limitation shall apply. Packet Pg. 50 -8- (2) Signs regulated under this Section shall also conform to any locational requirements imposed by the decision maker as a condition of the approval of the development plan. (3) No sign shall project more than twelve (12) inches beyond the building fascia. Under-canopy signs which are perpendicular to the face of the building shall be exempted from this requirement, except that they shall be limited to four (4) square feet in area per face. (4) Freestanding or ground signs shall comply with the following requirements with respect to size, number and height: Use Maximum area per sign face (sf. = square feet) Maximum number of signs permitted per street frontage Maximum height All Institutional, Business and Commercial Uses Not Otherwise Specified in this Table Primary - 32 s.f. Primary - 1 Primary - 5 ft. Convenience Shopping Center Primary - 40 s.f. Primary - 1 Primary - 8 ft. Neighborhood Service Center, Neighborhood Commercial District Primary - 55 s.f. Secondary - 32 s.f. Primary - 1 Secondary - 1 Primary - 10 ft. Secondary - 6 ft. (5) Freestanding signs shall be permitted only if constructed with a supporting sign structure, the width of which exceeds seventy (70) percent of the width of the sign face. Freestanding or ground signs shall contain no more than two (2) faces. No freestanding or ground sign shall be located less than seventy-five (75) feet from any directly abutting property which contains an existing or approved residential use or is zoned for residential use. For the purposes of this subsection, the term approved shall mean having current project development plan or final plan approval. (6) All supporting sign structures of a freestanding or ground sign shall match the primary finish and colors of the associated building(s). (7) All signs which are greater than four (4) square feet in area, except ground signs individual letters signs or cabinets signs wherein only the letters are illuminated. Packet Pg. 51 -9- (8) The maximum size of flush wall cabinets or individual letters shall be as follows: Use Maximum Cabinet or Individual Letter Height All Institutional, Business and Commercial Uses Not Otherwise Specified in this Table 18" Convenience sShopping cCenter 24" Neighborhood sService cCenter, Neighborhood Commercial District 30" * * Any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flush wall sign with individual letters not to exceed fifty-four (54) inches in height. The maximum cabinet height shall be fifty-four (54) inches in height. (9) If signs are illuminated, only internal illumination shall be permitted. This requirement shall not apply to freestanding or ground signs. (10) The length of any flush wall sign for an individual tenant space shall be limited to seventy-five (75) percent of the width of the tenant storefront, but no sign shall exceed forty (40) feet in length; provided, however, that any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flush wall sign not exceeding fifty-five (55) feet in length. Each tenant space shall be allowed one (1) such flush wall sign on each exterior building wall directly abutting the tenant space. In the event that a tenant space does not have a directly abutting exterior wall, one (1) sign not exceeding thirty (30) square feet may be erected on an exterior wall of the building for the purpose of identifying that tenant space. (11) The location of any flush wall sign shall be positioned to harmonize with the architectural character of the building(s) to which they are attached, including, but not limited to, any projection, relief, cornice, column, change of building material, window or door opening. Flush wall signs shall align with other such signs on the same building. (12) No illuminated sign visible from or within three hundred (300) feet of any property which contains an existing or approved residential use or is zoned for residential use, may be illuminated between the hours of 11:00 p.m. (or one-half [½] hour after the use to which it is pertains is closed, whichever is later) and 6:00 a.m.; provided, however, that this time limitation shall not apply to any lighting which is used primarily for the protection of the premises or for safety purposes or any signage which is separated from a Packet Pg. 52 -10- residential use by an arterial street. For the purposes of this subsection, the term "approved" shall mean having current project development plan or final plan approval. (13) One (1) flush wall sign or under-canopy sign per street frontage, not to exceed twelve (12) square feet in area, shall be permitted on or under the fascia of a canopy covering an area used by motor vehicles (including but not limited to service station canopies, canopies over drive-in or drive- through facilities, etc.) (14) For the first two hundred (200) feet in building frontage length in a neighborhood service center, the maximum sign area permitted shall be equal to one and one-quarter (1¼) square feet for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to two-thirds (2/3) foot for each linear foot of building frontage length over such two hundred (200) feet. (15) For the first two hundred (200) feet in building frontage length in a convenience shopping center, or any other business or commercial use that is not a neighborhood service center or neighborhood commercial district, the maximum sign area permitted shall be equal to one (1) square foot for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to one-half (½) foot for each linear foot of building frontage over such two hundred (200) feet. (16) Window signs shall cover no more than twenty-five (25) percent of the surface area of the window or door in which such signs are placed. Temporary window signs shall not be allowed above the first story of a building. A window sign shall be considered to be a temporary window sign if it is displayed in the same window or door, or same approximate location outside of a window or door, for no more than thirty (30) calendar days within a calendar year. Changes in the message displayed on such sign shall not affect the computation of the thirty-day period of time provided for herein. . . . (G) Freestanding and Ground Sign Requirement. (1) Ground signs which exceed forty-two (42) inches in height, and freestanding signs which do not maintain free air space between a height of forty-two (42) inches and seventy-two (72) inches above the abutting street elevation, shall be set back from the right-of-way line a distance as established in the sight distance triangle table contained in this subsection. A freestanding sign shall not be construed to have free air space if such Packet Pg. 53 -11- sign has a base, the width of which exceeds fifty (50) percent of the width of its face or three (3) feet, whichever is smaller. In addition, freestanding and ground signs shall not be located closer to the right-of-way line than allowed in the tables below that apply to such signs. Sight Distance Triangle Setbacks (See Figure 16) Type of street Y distances (feet) X distances (feet) Safe sight distance (feet) Arterial Right 135 15 500 Left 270 Collector Right 120 15 400 Left 220 Local Right 100 15 300 Left 150 Packet Pg. 54 -12- Figure 16 Sight Distance Triangle Setbacks Note: All "X" distances shall be fifteen (15) feet measured perpendicular from the project flowline of the intersecting street. For explanation of distances, see the following diagram. These distances are typical sight distance triangles to be used under normal conditions and may be modified by the Director of Engineering in order to protect the public safety and welfare in the event that exceptional site conditions necessitate such modification. Requirements for Freestanding Signs (See Accompanying Text Below) Distance from street right-of-way line (feet) Maximum height above grade (feet) Maximum size allowed per side (square feet) 0 10 20 5 10 30 10 12 40 15 12 50 20 14 60 25 16 70 30 18 80 36 and more 18 90 Packet Pg. 55 -13- Requirements for Ground Signs (See Accompanying Text Below) Distance from street right-of-way line (feet) Maximum height above grade (feet) Maximum size allowed per side (square feet) 0 7 45 5 8.5 60 10 10 75 15 and more 12 90 (2) The maximum size for ground and freestanding signs shall be ninety (90) square feet per side. The maximum height for freestanding signs shall be eighteen (18) feet above grade. The maximum height for ground signs shall be twelve (12) feet above grade. No freestanding or ground sign shall be built within fifteen (15) feet of any interior side lot line. The minimum horizontal distance between freestanding or ground signs located on the same lot shall be seventy-five (75) feet. (3) The maximum combined sign area of all faces of a freestanding or ground sign shall be two (2) times the maximum sign area allowed per side, based on setback. Any limitation imposed under this Article on the size of the face of a sign shall also apply to the entire side of the sign. (4) The required setback of any freestanding or ground sign shall be measured from the street right-of-way line of the street frontage which is the basis for the allotment of such sign. Any such setback shall be measured perpendicularly from the street right-of-way line to the nearest portion of the sign face or structure. (5) When a freestanding or ground sign is placed on a lot with two (2) or more street frontages, such sign shall be said to abut a particular street frontage when it is located closer to that street frontage than any other street frontage. (6) No more than one (1) permanent freestanding or ground sign per street frontage shall be permitted for any property or group of properties that were planned or developed with shared pedestrian or vehicle access. No permanent freestanding or ground sign shall contain more than three (3) cabinets or modules. (7) If a lot has more than one (1) street frontage, the freestanding or ground sign permitted for each frontage must abut the street frontage which is the basis for the allotment of such sign. Packet Pg. 56 -14- (8) The sign face of a single face sign must be most nearly parallel to the abutting street frontage. The sign faces of a multi-face sign must be most nearly perpendicular to the abutting street frontage. (9) A drive through use, when located on a lot with frontage on only one (1) street, shall be permitted one (1) additional freestanding or ground that is physically oriented to the drive through lane. Such sign shall not exceed five (5) feet in height and thirty-five (35) square feet in area and shall be limited to one (1) face. Fifty (50) percent of the square footage of such sign shall be exempted from the total allowed for the property. (10) A drive-in use shall be permitted up to eight (8) square feet of signage at each drive-in station (including but not limited to menu boards, signs affixed to gasoline pumps, etc.), provided that the sign is physically oriented to the drive-in station. The square footage of such sign shall be exempted from the total allowed for the property. (11) All supporting structures of ground signs shall be of the same or similar materials or colors of the associated building(s) which house the businesses or activities advertised on the sign. (12) When electrical service is provided to freestanding signs or ground signs, all such electrical service shall be underground. (13) Freestanding signs (pole signs) shall contain no more than thirty (30) percent (forty [40] percent if located within the site distance triangle as described in paragraph 3.8.7.1(G)(1) above) free air space between the top of the sign and the ground, vertically and between the extreme horizontal limits of the sign extended perpendicular to the ground. A base or pole cover provided to satisfy this requirement shall be integrally designed as part of the sign by use of such things as color, material and texture. Freestanding signs that existed prior to December 30, 2011, and that do not comply with this regulation shall be removed or brought into compliance by December 31, 2019, provided that such signs otherwise comply with subparagraph (A)(3)(b) of this Section. (H) Projecting Signs. (1) Signs projecting over private property shall not project more than six (6) feet from the face of the building or beyond the minimum required building setback for the zone district in which located. Such signs shall not exceed fifteen (15) square feet per face. (2) No sign may project over a public right-of-way in any zone district, except that signs eight (8) feet or more above grade may project up to forty-eight Packet Pg. 57 -15- (48) inches from the face of the building if the total area for such signs is the lesser of one (1) square foot of sign for each linear foot of building or twelve (12) square feet per face. (3) No projecting sign shall exceed 7 feet in height. (I) Flush Wall Signs and Individual Letter Signs. No flush wall or individual letter sign shall exceed seven (7) feet in height. Flush wall and individual letter signs may not project more than twelve (12) inches horizontally from the face of the building on which they are erected. Flush wall and individual letter signs that are mounted on mansards or similar architectural features may not project more than twelve (12) inches horizontally, measured at the bottom of the sign, from the surface to which they are mounted. If the individual sections of an individual letter sign are connected by a common structure, commonly known as a "raceway," which provides for the electrical and/or mechanical operation of said sign, the "raceway" must be painted to match the color of the wall to which the sign is mounted and must be limited to a height of no more than one-half (½) of the height of the tallest letter. . . . (K) Awning Signs. (1) No awning sign shall project above the top of the awning on which it is mounted. No awning sign shall project from the face of an awning. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting building. Awnings on which awning signs are mounted shall be at least eight (8) feet above any public right-of-way, except that any valance attached to an awning may be no less than seven (7) feet above a public right-of-way. (2) Awning signs shall not be back-lit, except that letters and graphics may be back-lit if the background is completely opaque. The amount of signage on an awning shall be limited to the lesser of thirty-five (35) square feet per individual tenant space or twenty-five (25) percent of the total area of the awning. Awning signs shall not be allowed above the first story of a building. (L) Repealed as of August 25, 2017 (M) Electrical Signs and Electronic Message Center Signs. (1) Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs. Packet Pg. 58 -16- (2) Illuminated signs shall avoid the concentration of illumination. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare. (3) Every electric sign shall have affixed thereon an approved Underwriters' Laboratories label, and all wiring connected to such sign shall comply with all provisions of the National Electrical Code, as adopted by the City. (4) Signs that contain an electronic message center shall be subject to the following limitations. (a) The electronic message center must be programmed so that the displayed message does not change more frequently than once per minute and so that the message change from one (1) static display to another occurs instantaneously without the use of scrolling, flashing, fading or other similar effects. The message or image displayed must be complete in itself without continuation in content to the next message. Messages published by federal, state, or local government to communicate information to the public regarding an immediate threat to public health safety may be displayed notwithstanding the limitations set forth in this subsection (4)(a). (b) The electronic message center must be provided with automatic dimming software or solar sensors to control brightness for nighttime viewing and variations in ambient light. Lighting from the message center shall not exceed three-tenths (0.3) foot-candles over the ambient light as measured using a foot-candle meter at the following distances from the face of the message center: thirty-two (32) feet for a sign face greater than zero (0) square feet and not more than ten (10) square feet per side; thirty-nine (39) feet for a sign face greater than ten (10) square feet and not more than fifteen (15) square feet per side; forty-five (45) feet for a sign face greater than fifteen (15) square feet and not more than twenty (20) square feet per side; fifty (50) feet for a sign face greater than twenty (20) square feet and not more than twenty-five (25) square feet per side; fifty-five (55) feet for a sign face greater than twenty-five (25) square feet and not more than thirty (30) square feet per side; fifty- nine (59) feet for a sign face greater than thirty (30) square feet and not more than thirty-five (35) square feet per side; sixty-three (63) feet for a sign face greater than thirty-five (35) square feet and not more than forty (40) square feet per side; and sixty-three (63) feet for a sign face greater than forty (40) square feet and not more than forty-five (45) square feet per side. Lighting measurements shall be taken with the meter aimed directly at the message center face, Packet Pg. 59 -17- with the message center turned off, and again with the message center turned on to a full white image for a message center capable of displaying a white color, or a full amber or red image for a message center capable of displaying only an amber or red color. The difference between the off and the white, amber or red message measurements shall not exceed three-tenths (0.3) foot- candles. All such signs shall contain a default mechanism that will cause the message center to revert immediately to a black screen if the sign malfunctions. Prior to the issuance of a permit for a sign containing an electronic message center, the permit applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above. Prior to acceptance of the installation by the City, the permit holder shall schedule and inspection with the City Zoning Department to verify compliance. The permit holder and the business owner, business manager or property manager shall be in attendance during the inspection. (c) A displayed message must be presented in a single color, value and hue and the background must also be a single color, value and hue. (d) The maximum allowed size of an electronic message center shall be fifty percent (50%) of the total area of the sign face. (e) Electronic message centers shall be integrated harmoniously into the design of the larger sign face and structure, shall not be the predominant element of the sign, shall not be allowed on a freestanding pole sign, and if located at the top of the sign, must include a substantial cap feature above the electronic message center which consists of the same material, form, color or texture as is found on the sign face or structure. (f) With respect to sign permits issued after December 30, 2011, the pixel spacing of an electronic message center shall not exceed sixteen (16) mm, except that the maximum pixel spacing for a message center that is manufactured as a monochrome-only sign shall not exceed twenty (20) mm. (g) In the Downtown (D) District, wall signs with electronic message centers are not permitted on properties located within the boundaries of the Portable Sign Placement Area Map. (h) With respect to sign permits issued after December 30, 2011, no more than one (1) electronic message center sign shall be allowed Packet Pg. 60 -18- to face each street abutting or within any property and/or site specific development plan. The minimum horizontal distance between electronic message center signs located on the same side of a street shall be one hundred (100) feet measured in a straight line. (i) An electronic message center located inside a building but visible from a public sidewalk or public street is subject to all of the regulations contained in this subsection. (j) Signs that contain an electronic message center which do not comply with the provisions of this Section shall be removed or made to conform by the dates specified in subparagraphs 1., 2. and 3. below and provided that such signs otherwise comply with subparagraph 3.8.7.1(A)(3)(b). 1. Electronic message centers that contain dimming software or solar sensors capable of meeting the brightness levels described in subparagraph 3.8.7.1(M)(4)(b) shall be required to comply with such levels by January 31, 2012, and all electronic message centers located inside a building but not visible from a public sidewalk or public street shall be required to comply with paragraph 3.8.7.1(M)(1) and subparagraphs 3.8.7.1(M)(4)(a) and (c) by January 31, 2012. 2. Except as otherwise required in subparagraph (j)1. above, all signs that do not comply with the requirements of subparagraphs 3.8.7.1(M)(4)(a), (b) and/or (c) shall be made to comply with those requirements by December 31, 2015. 3. Structural changes or sign removal that may be required in order to comply with the requirements of subparagraphs 3.8.7.1(M)(4)(d), (e) and/or (g) shall be completed by December 31, 2019. (N) Repealed as of August 25, 2017 (O) Structural Requirements; Exceptions. (1) All signs shall be maintained in good structural condition at all times. All signs, including sign structures and sign faces, shall be kept neatly painted, including all metal parts and supports that are not galvanized or of rust- resistant metals, and in a general state of good repair. For the purposes of this Section, good repair shall mean that there are no loose, broken or Packet Pg. 61 -19- severely weathered portions of the sign structure or sign face. The Director may inspect any sign governed by this Division and shall have authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. (2) Permanent signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot. (P) Off-Premise Signs. No off-premise sign shall be constructed in any zone district after February 25, 1994. No illumination shall be added to any off-premise sign already in existence. (Q) Vehicle-Mounted Signs. . . . (5) Banners displayed on vehicles shall be subject to the regulations contained in Section 3.8.7.2. . . . (R) Removal of Abandoned Sign(s). Abandoned sign(s) shall be removed by the person or entity owning or having possession of the property. . . . Section 3. That Article 3 of the Land Use Code is hereby amended by the addition of a new Section 3.8.7.2 which reads in its entirety as follows: 3.8.7.2 – Temporary Signs (A) Applicability. The regulations contained in this Section 3.8.7.2 apply to temporary signs while permanent signs are regulated under Land Use Code Section 3.8.7.1 unless specifically provided herein. (B) Measurements. (1) Sign Area. (a) Generally. In general, sign area is the area within a continuous polygon with up to eight straight sides that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign’s contents from the background against which they are placed. Packet Pg. 62 -20- (b) Exclusions. The sign area does not include the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but does include any open space contained within the outer limits of the display face, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not. (c) Multiple Sign Faces. Freestanding temporary signs may have multiple faces. The area of such signs is measured using the vertical cross-section that represents the sign’s maximum projection upon a vertical plane (e.g., for a sign with two opposite faces on the same plane, only one of the sign faces is measured). (2) Sign Height. Sign height is measured for detached temporary signs as the distance between ground level at the base of the sign and the top of the sign or sign structure, whichever is higher. (3) Property Frontage. Property frontage is measured as the length of each property boundary that abuts a public street right-of-way. (C) Prohibited Signs and Sign Elements. (1) Generally. The prohibitions in this Section apply to temporary signs in all zone districts of the City. (2) Prohibited Sign Structures. The following sign structures are not allowed: (a) portable signs, except as permitted in the Code of the City of Fort Collins Chapter 24, Article IV; (b) wind-driven signs except feather flags, banners, and pennants in compliance with this Section 3.8.7.2; (c) inflatable signs; (d) abandoned signs; (3) Prohibited Design Elements. The following elements shall not be incorporated as an element of any sign or sign structure: (a) animated or moving parts, including any moving, swinging, rotating, or spinning parts or flashing, blinking, scintillating, fluctuating, or otherwise animated light; except as expressly allowed in this Section 3.8.7.2; Packet Pg. 63 -21- (b) cardboard, card stock, or paper, except when laminated or used as a window sign located on the interior side of the window; (c) motor vehicles, unless: 1. the vehicles are operational, and either: a. automobile dealer inventory; or b. regularly used as motor vehicles, with current registration and tags; 2. the display of signage on the motor vehicle would not interfere with the immediate operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk are not allowed; signs that cover windows are not allowed; and signs that would fall off of the vehicle if the vehicle were in motion are not allowed); and 3. the motor vehicle is legally parked in a vehicle use area depicted on an approved site plan. (d) semi trailers, shipping containers, or portable storage units, unless: 1. the trailers, containers, or portable storage units are: a. structurally sound and capable of being transported; b. used for their primary purpose (e.g., storage, pick- up, or delivery); and c. if subject to registration, have current registration and tags; and 2. the display of signage is incidental to the primary purpose; and 3. the semi-trailer, shipping container, or portable storage unit is parked or placed in a designated loading area or on a construction site in an area that is designated on an approved construction staging plan. (e) stacked products (e.g., tires, soft drink cases, bagged soil or mulch) that are placed in unapproved outdoor storage locations; Packet Pg. 64 -22- (f) materials with a high degree of specular reflectivity, such as polished metal, installed in a manner that creates substantial glare from headlights, street lights, or sunlight. This prohibition does not include retroreflective materials that comply with the standards set forth in the Manual on Uniform Traffic Control Devices; (g) rooftop signs and all other signs which project above the fascia wall. (4) Prohibited Obstructions. In no event shall a temporary sign obstruct the use of: (a) building ingress or egress, including doors, egress windows, and fire escapes; (b) operable windows (with regard to movement only, not transparency); (c) equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and meters). (5) Prohibited Mounts. No temporary sign shall be posted, installed, mounted on, fastened, or affixed to any of the following: (a) any tree or shrub; (b) any utility pole or light pole, unless: 1. the sign is a banner or flag that is not more than 10 square feet in area; 2. the owner of the utility pole or light pole consents to its use for the display of the banner or flag; 3. the banner or flag is mounted on brackets or a pole that extend not more than 30 inches from the utility pole or light pole; 4. the banner or flag is either situated above an area that is not used by pedestrians or vehicles, or the bottom of the banner or flag is at least eight feet above grade; and 5. any applicable City encroachment and banner permits are obtained. Packet Pg. 65 -23- (c) utility cabinets or pedestals (except signs that are applied by or with the consent of the owner of the utility cabinet or pedestal). (6) Prohibited Locations. In addition to applicable setback requirements and other restrictions of this Section 3.8.7.2, no sign shall be located in any of the following locations: (a) in or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, trails, multi-use pathways, retaining walls, utility poles, traffic calming devices, medians, and center islands that are within public rights-of-way), except: 1. signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the shelter or bench, but not extending beyond the physical structure of the shelter or bench; 2. signs that are the subject of a revocable license agreement with the City, installed and maintained in accordance with the terms of that agreement; 3. portable signs permitted pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV; or 4. signs posted by the City or jurisdiction that owns or maintains the right-of-way. (b) within any sight distance triangle that is described in Section 3.8.7.1. (D) Temporary Sign Districts. (1) Generally. In recognition that the City is a place of diverse physical character, and that different areas of the City have different functional characteristics, signs shall be regulated based on sign district in which they are located. (2) Temporary Sign Districts Created. The following sign districts are created: Downtown, Commercial/Industrial, Multifamily, and Single- Family. Sign districts shall correspond to zoning districts as provided in Table D, Temporary Sign Districts. Table D TEMPORARY SIGN DISTRICTS Sign District Corresponding Zoning Districts Downtown D; R-D-R Packet Pg. 66 -24- Table D TEMPORARY SIGN DISTRICTS Sign District Corresponding Zoning Districts Commercial/Industrial T; C-C; C-C-N; C-C-R; C-G; C-S; C-L; H-C; E; I Multifamily/Mixed- Use L-M-N; M-M-N; N-C-M; N-C-B; H-M-N; N-C Single-Family R-U-L; U-E; R-F; R-L; N-C-L; P-O-L; R-C (E) Standards for Attached Temporary Signs. (1) Generally. The standards of this Section apply to temporary signs that are attached to buildings. Temporary signs that are not attached to buildings are subject to the standards of Section 3.8.7.2(F). The standards of this Section are applied in conjunction with all other applicable standards. Duration of display is limited by Section 3.8.7.2(G). (2) Attached Temporary Banners and Pennants. Attached temporary banners and pennants may only be displayed provided a permit is obtained pursuant to Section 3.8.7.2(I). (3) Temporary Sign Covers. Temporary sign covers are permitted in all sign districts, provided that they are used during a period not to exceed 40 days in which a new permanent sign or sign component is being fabricated and such sign or sign component is permitted and installed in accordance with Section 3.8.7.1. (4) Temporary Window Signs. (a) Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the transparency standards of Section 3.8.7.1 are met as to the combination of temporary and permanent window signs. (b) Temporary window signs shall be affixed to the window such that the fastener (e.g., tape) is not highly visible, or shall be mounted vertically inside of the building for viewing through the window. (F) Standards for Detached Temporary Signs. (1) Generally. The standards of this Section apply to temporary signs that are not attached to buildings. Temporary signs that are attached to buildings are subject to the standards of Section 3.8.7.2(E). The standards of this Section (F) are applied in conjunction with all other applicable standards of this Section 3.8.7.2. Duration of display is limited by Section 3.8.7.2(G). Packet Pg. 67 -25- (2) Detached Temporary Signs. Detached temporary signs are allowed according to the standards in Table F, Detached Temporary Signs. Detached temporary sign types that are not listed in Table F (including but not limited to inflatable signs) are not allowed. Detached banners and pennants may only be displayed provided a permit is obtained pursuant to Section 3.8.7.2(I). Portable signs may only be displayed provided a permit is obtained pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV. Table F DETACHED TEMPORARY SIGNS (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial- Industrial Multifamily/Mixed Use Single-Family Yard Signs Max. # Single-Family and Duplex Residential Buildings: Not Limited Multi-Family Residential Buildings: 1 per 20 ft. of property frontage or fraction thereof Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof Single-Family and Duplex Residential Buildings: Not Limited All other uses: 2 per vehicular access point Single-Family and Duplex Residential Buildings: Not Limited Multi-Family Residential Buildings: 1 per 20 ft. of property frontage or fraction thereof Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property -26- Table F DETACHED TEMPORARY SIGNS (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial- Industrial Multifamily/Mixed Use Single-Family Other Standards Must be installed in permeable landscaped area. Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension, not more than 10 ft. from vehicular access point Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension Must be installed in permeable landscaped area that is at least 8 sf. in area and 2 ft. in any horizontal dimension Site Signs Max. # Residential Buildings: Not Limited Nonresidential and Residential Mixed Use Buildings: 1 per property 1 per 600 ft. of property frontage or fraction thereof 1 per 600 ft. of property frontage or fraction thereof, provided that the area of the property is at least 2 acres; properties that are less than 2 acres shall not display site signs -27- Table F DETACHED TEMPORARY SIGNS (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial- Industrial Multifamily/Mixed Use Single-Family Other Standards Where allowed, site signs shall be installed in permeable landscaped areas or hardscaped areas other than vehicular use areas and sidewalks that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Where allowed, site signs shall be installed in permeable landscaped areas that are at least 5 ft. in every horizontal dimension and at least 40 sf. in area Swing Signs Max. # Not allowed Not allowed 1 per property frontage 1 per property frontage Max. Sign Area N/A N/A 5 sf., including -28- Table F DETACHED TEMPORARY SIGNS (sf. = square feet / ft. = linear feet / N/A = not applicable) Type of Sign Standards Sign District Downtown Commercial- Industrial Multifamily/Mixed Use Single-Family Other Standards Not allowed if freestanding banner is present Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Not allowed if freestanding banner is present Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole Must be installed in a permeable landscaped area with a radius that extends not less than 3 ft. from the flag pole N/A (G) Duration of Display of Temporary Signs. (1) Generally. The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs or to add permanent signage to a property in addition to that which is allowed by Section 3.8.7.1. (2) Classification of Temporary Sign Materials. Temporary signs are constructed from a variety of materials with varying degrees of durability. Common materials are classified in Table G1, Classification of Temporary Sign Materials. Table G1 Classification of Temporary Sign Materials Material Material Class 1 2 3 4 5 Paper, card stock, foam core board, or cardboard Laminated paper or cardstock, polyethylene bags Cloth, canvas, nylon, polyester, burlap, flexible vinyl, or other flexible material of comparable durability Inflexible vinyl, hard plastic, composite, or corrugated plastic -29- (3) Duration of Display. (a) In general, a temporary sign shall be removed as of the earlier of the date that: 1. it becomes an abandoned sign; or 2. it falls into disrepair (see Section 3.8.7.2(H)); or 3. the number of days set out in Table G2, Duration of Temporary Sign Display by Material Class, expires. Table G2 Duration of Temporary Sign Display by Material Class Sign Type Max. Duration for Individual Sign by Material Class Max. Posting Days / Year 1 2 3 4 5 Yard Sign Not Allowed 45 days Not Allowed 60 days 180 days 180 days Site Sign Not Allowed Not Allowed Not Allowed 60 days 180 days 180 days 1 Swing Sign Not Allowed Not Allowed Not Allowed 60 days 180 days 180 days 1 Window Sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign 30 days per sign Feather Flags -30- material, regardless of the durability material (although such a sign may be permissible under Land Use Code Section 3.8.7.1). (H) Temporary Sign Maintenance. Temporary signs and temporary sign structures of all types shall be maintained as follows: (1) Paint and Finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not a part of the original design. (2) Mineral Deposits and Stains. Mineral deposits and stains shall be promptly removed. (3) Damage. Temporary signs that are obviously damaged shall be removed within 24 hours. (4) Upright, Level Position. Signs that are designed to be upright and level shall be installed and maintained in an upright and level position. Feather flag poles shall be installed in a vertical position. Signs that are not upright and level shall be removed or restored to an upright, level position. (I) Banners and Pennants. (1) Attached unframed banners, detached banners, and attached and detached pennants are allowed in any zone district pursuant to the restrictions in below Table I provided a permit is obtained from the Director. The Director shall issue a permit for the display of banners and pennants only in locations where such banners and pennants will not cause unreasonable annoyance or inconvenience to adjoining property owners or other persons in the area and on such additional conditions as deemed necessary to protect adjoining premises and the public. All banners and pennants shall be removed on or before the expiration date of the permit. If any person, business or organization erects any banners or pennants without receiving a permit, as herein provided, the person, business or organization shall be ineligible to receive a permit for a banner or pennant for the remainder of the calendar year. (2) Each business or non-profit entity or other organization, and each individual not affiliated with an entity or organization, shall be eligible to display banners and pennants pursuant to a valid permit for a maximum of 40 days per calendar year. (3) The Director shall review a banner or pennant permit application within two business days to determine completeness. If it is complete, the Director shall approve or deny the application within three business days Packet Pg. 73 -31- after such determination. If it is incomplete, the Director shall cause the application to be returned to the applicant within one business day of the determination, along with written reasons for the determination of incompleteness. (4) Notwithstanding the size and time limitations contained in Table I, noncommercial banners or pennants may be larger in size and displayed for such additional periods of time as may be established by the City Manager during community events that, in the judgment of the City Manager, advance a goal or policy of the City Council and contribute to the health, safety or welfare of the City. Table I ATTACHED UNFRAMED BANNERS AND PENNANTS (sf. = square feet / ft. = linear feet / N/A = not applicable) Standard Sign District Downtown Commercial- Industrial Multifamily/Mixed Use Single-Family Max. # on each building elevation 1 1 per 300 ft. of building elevation or fraction thereof, but not more than 3 banners per building 1 Residential Buildings: Not Allowed Nonresidential Buildings: 1 Max. Sign Area 40 sf. 40 sf. 40 sf. Residential Buildings: N/A Nonresidential Buildings: 40 sf. Allowed Lighting None External None None Max. Sign Height 7 ft. 7 ft. 4 ft. 4 ft. Other Standards None If more than one banner is allowed on a building elevation, banners may be clustered None None Packet Pg. 74 -32- DETACHED BANNERS AND PENNANTS Max. # Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Either framed or unframed: 1 per property frontage; or 1 per 100 ft. of property frontage if secured to temporary construction fencing related to permitted construction (may be clustered) Not allowed Max. Sign Area (per banner) 40 sf. 40 sf. 40 sf. 40 sf. Allowed Lighting None None None None Max. Sign Height (applies to freestanding banner frames) 6 ft. 6 ft. 6 ft. 6 ft. (5) For banners and pennants in all sign districts, the following shall apply: (a) mounting hardware shall be concealed from view; (b) banners shall be stretched tightly to avoid movement in windy conditions; -33- rails, brackets, hooks, or banner frames. The definition of “banner” does not include “flag” or “feather flag.” Banner, framed shall mean (depending upon the context): (i) a type of temporary sign if displayed for 40 days or less and a flush wall sign when displayed for more than 40 days composed of a frame that is secured to a building wall and used to stretch banners such that they are tightly stretched and their mounting hardware is hidden from view; or (ii) a structure that is anchored to the ground, that provides a frame for stretching banners such that they are tightly stretched and their mounting hardware is hidden from view. Frames upon which banners are mounted must be designed to visually blend into the surface upon which they are mounted. Building elevation, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the external face of a building, projected onto a two-dimensional plane. For purposes of calculating the allowed number of signs or sign area, the building elevation is the two- dimensional representation of the side of the building upon which the sign is proposed. Electronic message center, or EMC, shall mean the portion of an on-premise ground or wall sign that is capable of displaying words or images that can be electronically changed by remote or automatic means. Flag shall mean a flexible piece of fabric that is attached along one edge to a straight, rigid flagpole directly or with rope and which is designed to move when the wind blows. Flags are typically, but not necessarily, rectangular in shape, and often include printed or embroidered insignia that symbolizes a nation, state, or organization, or that display a graphic or message. Flags are considered to be a type of sign. Feather Flag, feather shall mean a flexible piece of fabric that is attached to a flexible pole along a long edge such that the pole stretches the fabric taut regardless of wind conditions. Feather flags are also commonly referred to as “teardrop banners,” “teardrop flags,” and “flutter flags.” Feather flags are considered to be a type of sign. Illustrative Feather Flags Packet Pg. 76 -34- Pennant shall mean a narrowing or tapering flag or similar shape that is two (2) square feet in size or less, that is repeated along a common line and is not attached to a flag pole. Principal building entrance, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean a street-level primary point of public pedestrian access into a building. The phrase “principal building entrance” does not include doors used principally as emergency exits, or doors that provide restricted access (e.g., for employees or deliveries). Property, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the real property, or group of real properties that were planned or developed with shared pedestrian or vehicle access, upon which a sign or signs are displayed. Property frontage, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the length of a front, side, or rear property line that abuts a public street right-of-way. Rider shall mean a subordinate sign panel that is attached to a swing sign, either above the horizontal member or below the principal sign face. To illustrate, but without limiting the range of messages that a rider may convey, if the swing sign is used to advertise a property as “for sale,” a rider is often used to convey a related message such as “contract pending.” Sign shall mean any writing (including letter, word or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or any other figure of similar character that is a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on or near a building, board, plate or upon any material object or device whatsoever, that by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. The term sign shall not include the following: (1) window of merchandise or products; (2) works of art that in no way identify the name of a business and which in the judgment of a reasonably prudent person are not displayed in conjunction with a commercial enterprise for the purpose, or with the effect, of advertising a product or service offered by a business located on the property where such work of art is displayed; (3) signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way; (4) traffic and other official signs of any public or governmental agency; Packet Pg. 77 -35- (5) products, merchandise or other materials which are offered for sale or used in conducting a business, when such products, merchandise or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials; and (6) a sign that has been found by the Landmark Preservation Commission to have been an integral part of a building designated as a historic landmark, and is a contributing feature of the historic character of such building. Sign, abandoned shall mean a sign that does not contain a message, or contains a commercial or event-based message that is obviously obsolete (e.g., the name of a business that is no longer operational, or an advertisement for an event that has already occurred), for a continuous period of sixty (60) days or more. Sign, attached shall mean a flush wall sign, a window sign, or a projecting sign. Sign, detached shall mean a sign that is not attached to or located inside of a building. Sign face shall mean the surface area of a sign that is designed for placement of text, symbols, or images. The sign face does not include the supporting structure, if any, unless the supporting structure is used for the display of text, symbols, or images. For wall signs, the sign face is equal to the sign area of the wall sign, or the area within any frame or color used to define, differentiate, or mount the wall sign, whichever is larger. Sign, flush wall shall mean any sign attached to, painted on or erected against the wall of a building in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall. Framed banners attached directly to the building fascia, are considered to be a type of flush wall sign. Unframed banners attached directly to the building fascia are not a considered to be flush wall signs and shall be subject to the banner regulations contained in Section 3.8.7.2. Sign, individual letter shall mean a type of flush wall sign consisting of individual letters, incised letters, script or symbols with no background material other than the wall of the building to which the letters, script or symbols are affixed. Sign, inflatable shall mean a sign that is constructed from an envelope of flexible material that is given shape and / or movement by inflation. Sign, portable shall mean (depending upon the context): (1) a temporary sign that is designed to be easily moved from one location to another, and when placed, is neither fastened to a permanent structure or building, nor staked or otherwise installed into the ground. Portable signs include signs that are mounted on trailers, wheeled carriers, or frames that are designed to be placed onto a surface without being secured to it, or (2) any outdoor display of a product, merchandise or material which, by reason of its Packet Pg. 78 -36- location or manner of display, is intended primarily to attract attention to the product, merchandise or material, or the premises upon which it is situated. Sign, sidewalk shall mean a type of portable sign that is designed to be placed upon a hard surface in order to attract the attention of pedestrians. Illustrative Sidewalk Sign Sign, site shall mean a type of temporary sign that is constructed of vinyl, plastic, wood, metal, or other comparable rigid material, that is displayed on a structure that includes at least two posts. Illustrative Site Sign Sign, swing shall mean a type of temporary sign that is suspended from a horizontal swing post that is attached to a post that is staked into the ground. Swing signs may include riders that are mounted to the swing post or suspended under the sign panel. Sign, temporary shall mean a sign that is designed or intended to be displayed for a short period of time. Sign, vehicle-mounted shall mean any sign that is painted on, affixed to or otherwise mounted on any vehicle or on any object that is placed on, in or attached to a vehicle. For the purposes of this definition, the term vehicle shall include trucks, buses, vans, railroad cars, automobiles, tractors, trailers, motor homes, semi-tractors or any other motorized or nonmotorized transportational device, whether or not such vehicle is in operating condition. Packet Pg. 79 -37- Sign, wind-driven shall mean any sign consisting of one (1) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, inflatable signs, or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze. Sign, yard shall mean a type of temporary sign that is constructed of paper, vinyl, plastic, wood, metal or other comparable material, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes. Illustrative Yard Signs Temporary sign cover shall mean a type of temporary sign that is constructed of flexible material, designed to fit over a permanent sign face or mount. Window transparency, for purposes of Sections 3.8.7.1 and 3.8.7.2 only, shall mean the surface area of a window that is not covered or obstructed by a sign, such that the visibility through the window in both directions is not blocked by a sign. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 80 -38- Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 81 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF John Stokes, Natural Resources Director Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a Federal Emergency Management Agency Grant for Acquisition and Remediation of Property Adjoining the Downtown Whitewater Park Area. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, appropriates a $232,509 Federal Emergency Management Agency (FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has been previously appropriated by the City. The funds will pay for the acquisition and remediation of a property adjoining the downtown whitewater park area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Ordinance No. 091, 2017 (PDF) 3 Packet Pg. 82 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF John Stokes, Natural Resources Director SUBJECT First Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a Federal Emergency Management Agency Grant for Acquisition and Remediation of Property Adjoining the Downtown Whitewater Park Area. EXECUTIVE SUMMARY The purpose of this item is to appropriate a $232,509 Federal Emergency Management Agency (FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has been previously appropriated by the City. The funds will pay for the acquisition and remediation of a property adjoining the downtown whitewater park area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Staff has spent the last three years acquiring various property interests on the south side of Vine Street just to the east of College Avenue. The acquisitions are linked to Whitewater park as well as to the Poudre River conservation and protection projects. After the 2013 flood, FEMA monies were directed to Colorado. The City applied for FEMA’s Hazard Mitigation Grant to help cover the costs of acquiring properties along Vine. Use of FEMA funds requires that the property be managed to benefit the floodway and floodplain in this area. The property will be incorporated into the whitewater park and will be accessible to the public. Infrastructure on the property will be removed and the site will be remediated and vegetated. CITY FINANCIAL IMPACTS The City’s match portion is $33,216 and was previously appropriated in 2015 in offer 21.1. BOARD / COMMISSION RECOMMENDATION This item has not been reviewed by a board since it is part of an already approved project and helps achieve the overall fundraising goal of the project. PUBLIC OUTREACH The Poudre River Downtown Master Plan and the whitewater park component underwent extensive public engagement and outreach in 2014. ATTACHMENT 1 3.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5772 : SR 091 Whitewater Park FEMA funds) -1- ORDINANCE NO. 091, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE RELATING TO A FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT FOR ACQUISITION AND REMEDIATION OF PROPERTY ADJOINING THE DOWNTOWN WHITEWATER PARK AREA WHEREAS, staff has spent the last three years acquiring various property interests on the south side of Vine Street just to the east of College Avenue and the acquisitions are linked to the Downtown Whitewater Park project as well as to the Poudre River conservation and protection projects; and WHEREAS, after the 2013 flood, Federal Emergency Management Agency (“FEMA”) monies were directed to Colorado and, the City applied for FEMA’s Hazard Mitigation Grant to help cover the costs of acquiring properties along Vine; and WHEREAS, Natural Areas has been awarded a grant in the amount of $232,509 (the “Grant”) by FEMA to acquire and remediate a property adjoining the Downtown Whitewater Park area; and WHEREAS, the City’s match portion towards the Grant is $33,216 and was previously appropriated in 2015 in offer 21.1 into a capital project fund; and WHEREAS, use of the Grant funds requires that the property be managed to benefit the floodway and floodplain in this area; and WHEREAS, the property will be incorporated into the Whitewater Park and will be accessible to the public and infrastructure on the property will be removed and the site will be remediated and vegetated; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Grant from FEMA to support Natural Areas will not cause the total amount appropriated in the Capital Projects fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 3.2 Packet Pg. 84 Attachment: Ordinance No. 091, 2017 (5772 : SR 091 Whitewater Park FEMA funds) -2- Section 2. That there is hereby appropriated from unanticipated grant revenue in the Capital Projects Fund the sum of TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED NINE DOLLARS ($232,509) to be used by Natural Areas for acquisition and remediation of a property adjoining the Downtown Whitewater Park area for the benefit of the Poudre River Floodway and Floodplain. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 85 Attachment: Ordinance No. 091, 2017 (5772 : SR 091 Whitewater Park FEMA funds) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Seth Lorson, Transit Planner Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, amends the Traffic Code to allow for the immediate removal and impoundment of vehicles on public streets and alleys as a means of enforcing violations to the Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium events. The Code change would also allow the City to create new tow-away zones, if needed in the future. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Ordinance No. 094, 2017 (PDF) 4 Packet Pg. 86 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Seth Lorson, Transit Planner SUBJECT First Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. EXECUTIVE SUMMARY The purpose of this item is to amend the Traffic Code to allow for the immediate removal and impoundment of vehicles on public streets and alleys as a means of enforcing violations to the Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium events. The Code change would also allow the City to create new tow-away zones, if needed in the future. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Consistent with the intergovernmental agreement (IGA) between the City and CSU, staff has worked with neighborhoods adjacent to the university campus to develop on-street parking restrictions during major events at the new CSU stadium. Non-residents will not be permitted to park in participating neighborhoods during football games or any events with an expected attendance of 12,000 or greater. City Parking Services staff will be enforcing these restrictions four hours prior to the start of an event until the end of the event. Standards in place during stadium events follow: No non-permitted vehicles may park on public streets in participating neighborhoods beginning four hours prior to an event until the end of the event. No two-hour parking is permitted may occur on-street without a permit. No commuter permits are offered. Residents may use their RP3 permits from the existing weekday program. If a neighborhood does not have a weekday program, 2 permits per household will be issued free of charge. Residents may have up to two guest permits per event. CITY FINANCIAL IMPACTS Consistent with the IGA, Colorado State University will be paying for implementation of the program. BOARD / COMMISSION RECOMMENDATION The topic of enforcing violations to the RP3 for Stadium Events by towing was not discussed with any boards or commissions. The Parking Advisory Board expressed opposition to the RP3 for Stadium Events program, citing that it is unwelcoming to out-of-town visitors. If the program continues, permits should be made available for nonresidents. ATTACHMENT 1 4.1 Packet Pg. 87 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5773 : SR 094 Towing-Stadium Events) Agenda Item 7 Item # 7 Page 2 PUBLIC OUTREACH Staff held three communitywide meetings and four neighborhood meetings to discuss the program. Staff presented a $100 fine for violations to the program but did not propose towing. If the towing option is utilized, neighborhoods that have elected to participate in the program will need to be informed of the change of enforcement method. ATTACHMENTS 1. Parking Advisory Board memo (PDF) 4.1 Packet Pg. 88 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5773 : SR 094 Towing-Stadium Events) -1- ORDINANCE NO. 094, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PART 18 OF THE FORT COLLINS TRAFFIC CODE REGARDING THE TOWING AND IMPOUNDING OF VEHICLES ON PUBLIC RIGHTS-OF-WAY WHEREAS, on February 18, 2003, by Ordinance No. 16, 2003, the City Council adopted the Fort Collins Traffic Code (“Traffic Code”); and WHEREAS, on April 13, 2015, in anticipation of the new on-campus stadium at Colorado State University (“CSU”), the City and CSU entered into an Intergovernmental Agreement to address the impacts that major events at CSU’s stadium will have on nearby neighborhoods; and WHEREAS, the City wishes to minimize impacts to neighborhoods near the stadium by providing immediate tow-away zones in those neighborhoods during major stadium events; and WHEREAS, when the need arises, the City wishes to have the option of immediately towing illegally-parked vehicles in other areas of the City; and WHEREAS, the City Council believes it is necessary for the preservation of the health, safety, and welfare of the City’s citizens to amend the City Code to permit the City to cause the immediate towing of a vehicle in areas providing notice to vehicles that parking in the restricted area are subject to immediate tow. 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 1801 of the Traffic Code is hereby amended by the addition of a new subsection (10) to read in its entirety as follows: Sec 1801. Authority to impound and immobilize. … (10) At any place within the City where authorized signs are posted, giving notice that such area or portion of the street or highway right-of-way is a tow-away zone, it shall be unlawful for any person to park a vehicle in any manner in violation of the provisions contained on such signs except when necessary to avoid conflict with other traffic, or in compliance with the instructions of a police officer, traffic control signal or device. When a vehicle is found in violation of this subsection, a police officer, community 4.2 Packet Pg. 89 Attachment: Ordinance No. 094, 2017 (5773 : SR 094 Towing-Stadium Events) -2- service officer, transit service officer, or parking services officer may do any or all of the following: (a) Cite the vehicle; (b) Cause the vehicle to be moved; or (c) Cause the vehicle to be towed and impounded. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.2 Packet Pg. 90 Attachment: Ordinance No. 094, 2017 (5773 : SR 094 Towing-Stadium Events) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Delynn Coldiron, Interim City Clerk Mark Jackson, PDT Deputy Director Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on Yards. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, amends City Code to allow for immediate ticketing for parking on yards during Colorado State University (CSU) game days and major stadium events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (PDF) 2. Ordinance No. 095, 2017 (PDF) 5 Packet Pg. 91 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Delynn Coldiron, Neighborhood Services Manager Mark Jackson, PDT Deputy Director SUBJECT First Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on Yards. EXECUTIVE SUMMARY The purpose of this item is to consider an Ordinance that allows for immediate ticketing for parking on yards during Colorado State University (CSU) game days and major stadium events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This item is intended to help protect neighborhoods through enabling Compliance Inspectors to immediately issue citations for parking on yards during CSU game days and major stadium events. Section 19-65 of the Municipal Code requires an officer who has reasonable grounds to believe a party has committed a civil infraction to provide a reasonable time period within which the responsible party must correct the violation unless there is a specific Code requirement set forth for such offense. Currently, the reasonable time period for this is set at seven days per department policy. There is a list of exceptions that permit immediate issuance of a citation without any notice. That list includes many animal infractions, violations of the Social Host Ordinance, and occupancy violations. The proposed change would give Compliance Inspectors the discretion to immediately write a citation for parking on yards during stadium events while still maintaining the ability to provide a seven day notice for violations at other times. CITY FINANCIAL IMPACTS Costs to enforce this item are expected to be approximately $1,500 per game. This would be an added cost to the City unless it is considered an operational cost related to the stadium. If an operational cost, consistent with the Intergovernmental Agreement with CSU, Colorado State University would be billed for these costs. BOARD / COMMISSION RECOMMENDATION No outreach to boards or commissions has been done on this item. Limited outreach could occur between First and Second Reading if requested. ATTACHMENT 1 5.1 Packet Pg. 92 Attachment: First Reading Agenda Item Summary, July 18, 2017 (5774 : SR 095 Parking on Yards) Agenda Item 8 Item # 8 Page 2 PUBLIC OUTREACH No public outreach has been done on this item. Limited outreach could occur between First and Second Reading if requested. Staff received direction to move this code change forward as soon as possible to have it completed prior to the first game. 5.1 Packet Pg. 93 Attachment: First Reading Agenda Item Summary, July 18, 2017 (5774 : SR 095 Parking on Yards) -1- ORDINANCE NO. 095, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 19-65 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE CITATION PROCEDURE FOR CIVIL INFRACTIONS TO INCLUDE AN EXCEPTION FOR PARKING ON YARDS WHEREAS, on October 1, 2002, the City Council adopted Ordinance No. 140, 2002, regulating parking on yards; and WHEREAS, on December 19, 2006, by Ordinance No. 198, 2002, the City Council changed the penalty for parking on yards from a misdemeanor offense to a civil infraction; and WHEREAS, City staff desires to enforce the parking on yards restrictions, found at Section 20-105 of the City Code, during major events at the new CSU on-campus stadium (“Stadium Events”); and WHEREAS, Section 19-65 of the City Code currently requires the City’s Code enforcement officers to serve a notice of violation upon any party who is suspected of committing a civil infraction and provide a reasonable period of time to correct the violation before issuing a citation to the violator; and WHEREAS, the exceptions to the notice requirement are if: (1) there is reason to believe the violation presents a threat to the public health, safety or welfare; (2) the damage done by the violation is unrepairable or irreversible; (3) the violation is a second or subsequent violation by the responsible party in twelve months; or (4) a delineated Code Section is specifically excepted; and WHEREAS, if the City wants to enforce the parking on yards provisions during Stadium Events, an exception needs to be made, under (4), above, to allow Code enforcement officers to serve tickets immediately, rather than provide time to correct the violation; and WHEREAS, the City Council believes it is necessary for the preservation of the health, safety, and welfare of the City’s citizens to amend the City Code to permit enforcement personnel to immediately cite violators of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 19-65 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-65. Commencement of action; citation procedure. 5.2 Packet Pg. 94 Attachment: Ordinance No. 095, 2017 (5774 : SR 095 Parking on Yards) -2- … (a) Officers shall have the authority to initiate enforcement proceedings as provided below. (1) An officer who has reasonable grounds to believe that a responsible party has committed a civil infraction under this Code is authorized to serve a notice of violation to the responsible party. Except as otherwise provided in this Code, the officer shall set a reasonable time period within which the responsible party must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, the nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. An officer may immediately serve a civil citation to a responsible party, without prior notice for a civil infraction in the following circumstances: a. The violation of City Code Sections 4-70, 4-74, 4-95, 4-96, 4- 97, 4-119, 4-157, or 4-177. b. The violation of City Code Section 17-168; c. If there is a reason to believe that the violation presents a threat to the public health, safety or welfare or the damage done by the violation is irreparable or irreversible; d. If the violation is a second or subsequent violation by the responsible party that occurred within the twelve (12) months immediately following a previous violation; e. The violation of Land Use Code Section 3.8.16 pertaining to occupancy limits; or f. The violation of City Code Section 20-105 during a stadium event or within four (4) hours before the official start time of a stadium event, as defined in Section 1214.5(6) of the Fort Collins Traffic Code. … 5.2 Packet Pg. 95 Attachment: Ordinance No. 095, 2017 (5774 : SR 095 Parking on Yards) -3- Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk 5.2 Packet Pg. 96 Attachment: Ordinance No. 095, 2017 (5774 : SR 095 Parking on Yards) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Wanda Winkelmann, City Clerk Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In Conjunction With the November 7, 2017 Larimer County Coordinated Election. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, calls a Special Municipal Election to be held in conjunction with the November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot relating to Charter amendments, it would need to do so no later than August 29 in order to meet statutory requirements for publication. If Council does not take action by ordinance or resolution before the statutory deadline (September 8) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 7, 2017 Coordinated Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (PDF) 2. Ordinance No. 096, 2017 (PDF) 6 Packet Pg. 97 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT First Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In Conjunction With the November 7, 2017 Larimer County Coordinated Election. EXECUTIVE SUMMARY The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot relating to Charter amendments, it would need to do so no later than August 29 in order to meet statutory requirements for publication. If Council does not take action by ordinance or resolution before the statutory deadline (September 8) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 7, 2017 Coordinated Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENT 1 6.1 Packet Pg. 98 Attachment: First Reading Agenda Item Summary, July 18, 2017 (5775 : SR 096 Call of Special Election) -1- ORDINANCE NO. 096, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 7, 2017 LARIMER COUNTY COORDINATED ELECTION WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, the decision to call a special election must be made by ordinance sooner than the deadline to place measures on the ballot; and WHEREAS, City staff will present to the City Council for consideration in August, proposed Charter amendments that would authorize the City to add communication services as a component of the Electric Utilities services and adding related provisions; and WHEREAS, for the foregoing reasons, the City Council wishes to call a special municipal election on November 7, 2017, to be held in conjunction with the Larimer County Coordinated Election, for the purpose of submitting to the electorate of the City any ballot issues approved by the City Council prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder. 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 a Special Municipal Election in the City is hereby called for Tuesday, November 7, 2017, which shall be held in conjunction with the Larimer County Coordinated Election and conducted in such manner as shall be determined by the Larimer County Clerk and Recorder. Section 3. That the provisions of the Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 4. That, subject to any applicable provision in Colorado statute to the contrary, the City Council may, by resolution or ordinance, submit to the voters at said election any citizen-initiated or City-initiated measure that complies with the requirements of the City Charter, irrespective of the nature of such measure. 6.2 Packet Pg. 99 Attachment: Ordinance No. 096, 2017 (5775 : SR 096 Call of Special Election) -2- Section 5. That the City Clerk is hereby directed to certify the ballot content for the Special Municipal Election to the Larimer County Clerk no later than September 8, 2017, for any ballot titles set by the City Council prior to said date. Section 6. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election, pursuant to Section 1-7-116(2) of the Colorado Revised Statutes. Section 7. That, in the event that the City Council does not take action by ordinance or resolution prior to August 29, 2017, to submit any ballot measures to the voters at the November 7, 2017 Larimer County Coordinated Election, the election provided for herein shall be cancelled and the provisions of this Ordinance shall be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 100 Attachment: Ordinance No. 096, 2017 (5775 : SR 096 Call of Special Election) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Sheri Langenberger, Development Review Manager Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, vacates a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Ordinance No. 097, 2017 (PDF) 7 Packet Pg. 101 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION At its June 2, 2015, meeting, City Council appropriated funds for the design and construction of Lincoln Avenue improvements from 1st Street to Lemay Ave, and as a part of the 2017/2018 budget approval approved funds for the Lincoln Avenue bridge. It was determined during the design process that a portion of Lincoln Avenue right-of-way at the northwest corner of Lincoln Avenue and Willow Street will no longer be needed for street purposes. All street and sidewalk improvements placed within the right-of-way will be retained. Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed and no objections to the vacation were made provided a drainage and utility easement is reserved by the City. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners. No response back was received from the property owners, but based on input by the utility providers and City departments the area will be retained as utility and drainage easement. ATTACHMENTS 1. Location map (PDF) ATTACHMENT 1 7.1 Packet Pg. 102 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5776 : SR 097 Lincoln Ave ROW vacation) -1- ORDINANCE NO. 097, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF LINCOLN AVENUE RIGHT-OF-WAY DEDICATED ON THE FORT COLLINS ORIGINAL TOWN PLAT DATED JANUARY 17, 1873, WITH THE RESERVATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS, the Fort Collins Original Town plat, recorded at Book 1, Page 48, of the Larimer County Clerk and Recorder records, included dedication to the public of right-of-way for Lincoln Avenue; and WHEREAS, the City Engineering Department has filed an application with the City Engineer in accordance with City Code Section 23-115 requesting that the City vacate a portion of Lincoln Avenue right-of-way more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, said right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, property owners in the vicinity, and emergency service providers and no objection to the proposed vacation has been received, provided that a drainage and utility easement be reserved unto the City; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning Development and Transportation Director, and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the right-of-way for a portion of Lincoln Avenue more particularly described on Exhibit “A” is no longer needed for right-of-way purposes, with the exception of an easement across the entire area for drainage and utilities, and that it is in the public interest to vacate the same. Section 3. That the right-of-way described in Exhibit A is hereby vacated, abated, and abolished, with the exception of the reservation of a drainage and utility easement by the City for public use across the entire area described in Exhibit A, provided that this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. 7.2 Packet Pg. 103 Attachment: Ordinance No. 097, 2017 (5776 : SR 097 Lincoln Ave ROW vacation) -2- Section 4. That upon recording of this Ordinance with the Larimer County Clerk and Recorder, title to the vacated rights-of-way shall vest in accordance with C.R.S. Section 43-2- 302, with the exception of the drainage and utility easement reserved herein. Introduced and considered favorably on first reading and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.2 Packet Pg. 104 Attachment: Ordinance No. 097, 2017 (5776 : SR 097 Lincoln Ave ROW vacation) Exhibit A sheet 1 of 2 7.2 Packet Pg. 105 Attachment: Ordinance No. 097, 2017 (5776 : SR 097 Lincoln Ave ROW vacation) Exhibit A sheet 2 of 2 7.2 Packet Pg. 106 Attachment: Ordinance No. 097, 2017 (5776 : SR 097 Lincoln Ave ROW vacation) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, annexes an enclave area of approximately 109 acres in southeast Fort Collins. The property is situated between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the west of the Homestead PUD. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION At the July 18 City Council meeting, the Blehm Homestead Annexation was pulled from the consent calendar by enclave and community residents. It was expressed that the stormwater fee was unnecessary and should be waived or significantly reduced because of the larger than average lot size within the Blehm Subdivision. City Council asked for a comparison of stormwater fees between 2, 5, and 10-acre lots. Additionally, public comment questioned if there had been PILOT discussions with other districts. Attachment 2 provides follow-up responses to City Council and resident requests. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Council Follow-up July 18 - Stormwater Fees and PILOTs to Districts (PDF) 3. Ordinance No. 098, 2017 (PDF) 8 Packet Pg. 107 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort Collins. The Initiating Resolution was adopted on consent, June 6, 2017. The property is situated between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the west of the Homestead PUD. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION The Blehm-Homestead Annexation is a 28 parcel enclave annexation that consists of approximately 109-acres of privately owned property. The annexation is located entirely within the Fort Collins Growth Management Area (GMA). Because this is an enclave annexation, state statute requires a 3-year period where the property must be completely surrounded by City limits before it becomes eligible for annexation. The property was enclaved by Kechter Farm Annexation on May 16, 2014, and subsequently became eligible for annexation on May 16, 2017. The nine other annexations that pre-date the Kechter Farm Annexation and create the enclave are as follows: 1. South Harmony Annexation, 1986, Stetson Creek P.U.D. Second Filing 2. Ruff Annexation, 1998, Harvest Park Subdivision 3. HH-36 Annexation, 1998, Sage Creek Subdivision 4. Homestead Annexation, 2004, Homestead P.U.D. 2nd Filing P.L.D. and P.D. 5. Kinard Junior High School Annexation, 2007, Kinard Junior High School M.L.D. 6. Thorland Annexation No. 1, 2008, Thorland Subdivision 7. Thorland Annexation No. 2, 2008, Thorland Subdivision 8. Kechter Annexation No. 3, 2012, Kechter Farm P.L.D. Filing 1 9. Mail Creek Crossing Annexation, 2014, Mail Creek Crossing P.L.D. ATTACHMENT 1 8.1 Packet Pg. 108 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5777 : SR 098 Blehm-Homestead Annexation) Agenda Item 11 Item # 11 Page 2 Below is the list of the 28 properties contained within the enclave annexation: # Owner Name Property Address 1 Ott Donna E/James M 2304 Kechter Rd 2 Bear Daphne Ann/Kirk Echman 2312 Kechter Rd 3 Brunswig Carl/Julie 2324 Kechter Rd 17 Hagerty Christopher J 2400 Kechter Rd 4 Baum John W/Helen M 2424 Kechter Rd 5 Arzt Bradley W/Dana M 2500 Kechter Rd 6 Ball Lawrence R/Wendy S 2521 Kechter Rd 7 Jenk Ryan R Heritage Trust 2522 Kechter Rd 8 Reilly Christopher B 2524 Kechter Rd 9 Morganti Charles R 2620 Hearthstone Dr 10 Griffith Michael A/Constance C 2745 Hearthstone Dr 11 Sandri Fabio/Mitzi Paim De Almeida 2801 Hearthstone Dr 12 Ringenberg James E/Charla M 2849 Hearthstone Dr 13 Plocher Thomas 2850 Hearthstone Dr 14 Homburg Robert C 2909 Hearthstone Dr 15 Rimrock Six Llc 2941 Hearthstone Dr 16 Naqvi And Tan Family Trust 3001 Hearthstone Dr 18 Selzer Lana/Nathan 5612 Old Mill Rd 19 Cranor John David Ii/Martha G 5615 Old Mill Rd 20 Piccirelli Mark 5625 Cornerstone Dr 21 Baeverstad Harold L Jr/Sharon K 5635 Hearthstone Cir 22 Cochran Janet Marie/Thomas S 5645 Cornerstone Dr 23 Green Tiffany/C Patrick 5700 Hearthstone Cir 24 Mills Andrew Revocable Trust (.50) 5717 Hearthstone Cir 25 Florin Beth C Revocable Trust 5718 Hearthstone Cir 26 The Homestead P.U.D Of Fort Collins Inc PO Drawer J 27 The Homestead P.U.D Of Fort Collins Inc PO Drawer J 28 The Homestead P.U.D Of Fort Collins Inc PO Drawer J When property is annexed, property taxes are adjusted by adding the City’s mill levy and removing the Poudre Fire Authority’s mill levy. Purchases made by those residing within the annexation area would now be subject to City sales tax. Monthly stormwater fees will also be assessed for annexed properties. There are many advantages to the residents and City of Fort Collins upon annexation. City staff identifies the five primary advantages below. 1. The desirability to consolidate the provision of public safety services. While fire service is provided by Poudre Fire Authority in both the enclave and the City, police services are not. 2. The ability to avoid confusion among the property owners, surrounding property owners and the City or County. The primary issue here relates to the provision of public safety services and enforcement of zoning and nuisance ordinances. There may be confusion if a property is actually located in the County when it is surrounded by the City of Fort Collins. 3. The likelihood of development occurring under County regulations instead of the City's. The Intergovernmental Agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. 4. The residents of an annexed area will be able to increase their participation in City government. Presently, County residents can only voice their opinions at public hearings. After annexation, these 8.1 Packet Pg. 109 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5777 : SR 098 Blehm-Homestead Annexation) Agenda Item 11 Item # 11 Page 3 residents can vote in scheduled and special City elections, thereby having a political voice in important decisions made by the City which affect them. Correspondence A letter representing six property owners of the Blehm Subdivision was received on April 20, 2017. The request was to waive the required assessment of the stormwater fee due to their minimal amount of impervious surface. Staff addressed the concern by notifying correspondents, who live in the Blehm Subdivision, that the decision to waive any required fee would be at the discretion of the Director of Utilities. The Utilities Department then formally responded on June 19, 2017 that it would not waive the fees based on two primary reasons stated below. While these properties, at almost 300,000 square feet, are much larger than most residential properties in the City, per City Code Section 26-514(a), a significant discount (72%) in the fee assessment would be applied to these properties because of their unusual size recognizing the lower ratio of impervious soil on such properties. Like all other properties within the City, these properties will benefit from stormwater facilities. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION This item was unanimously passed by the Planning and Zoning Board by a 5-0 vote; however, the item was pulled from the consent calendar by two adjoining neighbors of the Blehm-Homestead Annexation. Several issues regarding potential development, density that the proposed zoning would allow, future road connections and the potential traffic impacts cause by redevelopment were expressed. While the annexation and zoning of the property does not qualify as development, questions posed by the two community members were answered during the subsequent discussion of the item (Attachment 2) PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on February 23, 2017, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, and Utilities were present to explain any potential difference in electrical rates, fees, services, zoning and infrastructure. Attachment 3 is an FAQ sheet that was provided to residents who attended the meeting. ATTACHMENTS 1. Vicinity Map (PDF) 2. Planning and Zoning Board minutes, June 15, 2017 (draft) (PDF) 3. Annexation FAQ Sheet (PDF) 8.1 Packet Pg. 110 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5777 : SR 098 Blehm-Homestead Annexation) Utilities electric · stormwater · wastewater · water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 – fax V/TDD 711 utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M DATE: July 20, 2017 TO: Mayor Troxell and Councilmembers FROM: Lance Smith, Utilities Strategic Finance Director THROUGH: Darin Atteberry, City Manager Kevin R. Gertig, Utilities Executive Director RE: Council Follow-up: Blehm Subdivision Annexation Request: During follow-up for the Blehm Subdivision Annexation item on July18, 2017 Council meeting, Councilmember Cunniff requested: 1. Information regarding the value of stormwater fees on various size parcels that only had single family home on them. 2. Information on discussion the City has had with our neighboring Districts regarding the charging of Payment in lieu of taxes (PILOT) fees. Response: 1. Monthly Charges - Below is a table showing the monthly charges that would be required without recognizing the large pervious area in residential estate lots and what the actual charges are for such lots in the City. The last line shows the plant investment fees that would be collected on a new residential development for these lots if the land had been within city limits prior to development. Because these lots were developed prior to annexation the Stormwater Fund will not receive this revenue. ATTACHMENT 2 8.2 Packet Pg. 111 Attachment: Council Follow-up July 18 - Stormwater Fees and PILOTs to Districts (5777 : SR 098 Blehm-Homestead Annexation) 2. PILOTs – PILOTs are intended to recognize the revenue that would have been received by the General Fund had the utility service been provided by a utility other than the municipal utility. Stormwater is not a service area that investor owned utilities operate in so there is no revenue loss to the General Fund by having the municipal stormwater utility. Thus, PILOTs have not been charged on stormwater charges historically. Staff will discuss findings related to collecting PILOTs from the neighboring districts for water and wastewater services at the August Council Finance Committee meeting. 8.2 Packet Pg. 112 Attachment: Council Follow-up July 18 - Stormwater Fees and PILOTs to Districts (5777 : SR 098 Blehm-Homestead Annexation) -1- ORDINANCE NO. 098, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE BLEHM-HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-051 stating the intent of the City to annex and initiating annexation proceedings for the Blehm-Homestead Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: TRACT 1: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, N00°49'51"W, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, S89°29'46"W, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, N00°18'28"W, A DISTANCE OF 1,263.21 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 1,772.13 FEET TO A POINT ON THE WEST LINE OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; 8.3 Packet Pg. 113 Attachment: Ordinance No. 098, 2017 (5777 : SR 098 Blehm-Homestead Annexation) -2- THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°49'51"E, A DISTANCE OF 1,252.47 FEET TO THE POINT OF BEGINNING. CONTAINING 51.336 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. TRACT 2: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR N89°30'22"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S00°43'32"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°43'32"W, A DISTANCE OF 20.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID HH-36 ANNEXATION, N89°30'22"E, A DISTANCE OF 2,161.74 FEET TO THE NORTHWEST CORNER OF THE HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID HOMESTEAD ANNEXATION THE FOLLOWING THIRTEEN (13) COURSES: 1. 23.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S45°29'38"E A DISTANCE OF 21.21 FEET; 2. S00°29'38"E, A DISTANCE OF 115.00 FEET; 3. 345.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°30'22"W A DISTANCE OF 311.13 FEET; 4. S89°30'22"W, A DISTANCE OF 100.00 FEET; 5. 268.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 40°30'08", AND A CHORD WHICH BEARS S69°15'18"W A DISTANCE OF 263.06 FEET; 6. 21.12 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 80°39'36", AND A CHORD WHICH BEARS S89°20'02"W, A DISTANCE OF 19.42 FEET; 7. S39°39'51"W, A DISTANCE OF 60.00 FEET; 8. 38.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 749.38 FEET, A CENTRAL ANGLE OF 02°57'32", AND A CHORD WHICH BEARS S48°51'24"E A DISTANCE OF 38.69 FEET; 9. 261.83 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 319.98 FEET, A CENTRAL ANGLE OF 46°53'00", AND A CHORD WHICH BEARS S23°56'08"E, A DISTANCE OF 254.59 FEET 10. S00°29'38"E, A DISTANCE OF 223.46 FEET; 11. 32.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 36°52'12", AND A CHORD WHICH BEARS S17°56'28"W A DISTANCE OF 31.62 FEET; 12. 131.29 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A 8.3 Packet Pg. 114 Attachment: Ordinance No. 098, 2017 (5777 : SR 098 Blehm-Homestead Annexation) -3- RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 150°26'53", AND A CHORD WHICH BEARS S38°50'53"E, A DISTANCE OF 96.69 FEET; 13. S00°29'38"E, A DISTANCE OF 193.85 FEET TO A POINT ON THE NORTH LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, S89°39'21"W, A DISTANCE OF 1,758.96 FEET TO THE SOUTHEAST CORNER OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID KECHTER ANNEXATION NO. 3 THE FOLLOWING FOUR (4) COURSES: 1. N00°43'32"E, A DISTANCE OF 559.09 FEET; 2. S89°31'04"W, A DISTANCE OF 300.15 FEET; 3. N00°44'36"E, A DISTANCE OF 725.89 FEET; 4. N89°29'46"E, A DISTANCE OF 299.94 FEET TO THE POINT OF BEGINNING. CONTAINING 57.906 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Blehm-Homestead Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk 8.3 Packet Pg. 115 Attachment: Ordinance No. 098, 2017 (5777 : SR 098 Blehm-Homestead Annexation) -4- Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk 8.3 Packet Pg. 116 Attachment: Ordinance No. 098, 2017 (5777 : SR 098 Blehm-Homestead Annexation) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on July 18, 2017, zones the property included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Ordinance No. 099, 2017 (PDF) 9 Packet Pg. 117 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this enclave annexation is Urban Estate (UE), which is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Low Density Residential, Low Density Mixed-Use Neighborhood Single-Family Residential and Multi-Family Residential East Low Density Mixed-Use Neighborhood Single-Family Residential and Multi-Family Residential South Low Density Mixed-Use Neighborhood Single-Family Residential, School West Low Density Mixed-Use Neighborhood, Urban Estate Single-Family Residential, Greenhouse, and Church Fossil Creek Reservoir Plan The parcels are located within the Fossil Creek Reservoir Area Plan, a joint plan between the City of Fort Collins and Larimer County and adopted in 1998. The planning area covers 5,062 acres of the southeast region of Fort Collins within the GMA. The objectives of the Plan are to: ATTACHMENT 1 9.1 Packet Pg. 118 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5778 : SR 099 Blehm-Homestead Zoning) Agenda Item 12 Item # 12 Page 2 1. Build a self-supporting group of neighborhoods with a full complement of parks, schools and community facilities linked by open space systems and consistent with the County’s Master Plan and Fort Collins’ City Plan, Principles and Policies. 2. Provide for protection of sensitive wildlife habitat around the Reservoir as well as provide standards for such habitat conservation. 3. Provide neighborhood centers as a focal point for neighborhood activity. Provide a Neighborhood Commercial Center to serve surrounding neighborhoods including a grocery store or supermarket and other neighborhood oriented retail services. 4. Link the area to other districts and neighborhoods, encourage walking and bicycling, and accommodate transit service to the Neighborhood Commercial Center and other neighborhood centers. 5. Complement, but not compete with, development in the Harmony Corridor. 6. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan. 7. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. Zoning The proposed zoning for the subject annexation is Urban Estate (UE). The district allows for a limited number of uses when compared to the abutting Low Density Mixed-Use Neighborhood district. Uses permitted in the UE district are intended to be low-density and large-lot housing that acknowledges the existing subdivisions which have been already been developed. A cluster development option that allows shifting density to preserve open space is an option under UE zoning. Because of the subject enclave’s overwhelmingly residential use and character the property is recommended as an addition to the Residential Neighborhood Sign District. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION This item was unanimously passed by the Planning and Zoning Board by a 5-0 vote; however, the item was pulled from the consent calendar by two adjoining neighbors of the Blehm-Homestead Annexation. Several issues regarding potential development, density that the proposed Urban Estate zoning would allow, possibility of future road connections and the potential traffic impacts cause by redevelopment were expressed. While the annexation and zoning of the property does not qualify as development, questions posed by the two community members were answered during the subsequent discussion of the item and can be found in the attached Planning and Zoning Board, June 15, 2017, Minutes. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on February 23, 2017, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, and Utilities were present to explain any potential difference in electrical rates, fees, services, zoning and infrastructure. 9.1 Packet Pg. 119 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5778 : SR 099 Blehm-Homestead Zoning) Agenda Item 12 Item # 12 Page 3 ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) 3. Planning and Zoning Board minutes, June 15, 2017 (draft) (PDF) 9.1 Packet Pg. 120 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5778 : SR 099 Blehm-Homestead Zoning) -1- ORDINANCE NO, 099, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE BLEHM-HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO AND APPROVING CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on June 15, 2017, unanimously recommended rezoning the property that is the subject of this Ordinance as set forth below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, the City Council has determined that the proposed zoning of the Blehm- Homestead Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property (the “Property”) is more particularly described as: 9.2 Packet Pg. 121 Attachment: Ordinance No. 099, 2017 (5778 : SR 099 Blehm-Homestead Zoning) -2- TRACT 1: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, N00°49'51"W, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, S89°29'46"W, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, N00°18'28"W, A DISTANCE OF 1,263.21 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 1,772.13 FEET TO A POINT ON THE WEST LINE OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°49'51"E, A DISTANCE OF 1,252.47 FEET TO THE POINT OF BEGINNING. CONTAINING 51.336 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. TRACT 2: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR N89°30'22"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S00°43'32"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°43'32"W, A DISTANCE OF 20.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID HH-36 ANNEXATION, N89°30'22"E, A DISTANCE OF 2,161.74 FEET TO THE NORTHWEST CORNER OF THE HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS; 9.2 Packet Pg. 122 Attachment: Ordinance No. 099, 2017 (5778 : SR 099 Blehm-Homestead Zoning) -3- THENCE ALONG THE WESTERLY BOUNDARY OF SAID HOMESTEAD ANNEXATION THE FOLLOWING THIRTEEN (13) COURSES: 1. 23.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S45°29'38"E A DISTANCE OF 21.21 FEET; 2. S00°29'38"E, A DISTANCE OF 115.00 FEET; 3. 345.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°30'22"W A DISTANCE OF 311.13 FEET; 4. S89°30'22"W, A DISTANCE OF 100.00 FEET; 5. 268.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 40°30'08", AND A CHORD WHICH BEARS S69°15'18"W A DISTANCE OF 263.06 FEET; 6. 21.12 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 80°39'36", AND A CHORD WHICH BEARS S89°20'02"W, A DISTANCE OF 19.42 FEET; 7. S39°39'51"W, A DISTANCE OF 60.00 FEET; 8. 38.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 749.38 FEET, A CENTRAL ANGLE OF 02°57'32", AND A CHORD WHICH BEARS S48°51'24"E A DISTANCE OF 38.69 FEET; 9. 261.83 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 319.98 FEET, A CENTRAL ANGLE OF 46°53'00", AND A CHORD WHICH BEARS S23°56'08"E, A DISTANCE OF 254.59 FEET 10. S00°29'38"E, A DISTANCE OF 223.46 FEET; 11. 32.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 36°52'12", AND A CHORD WHICH BEARS S17°56'28"W A DISTANCE OF 31.62 FEET; 12. 131.29 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 150°26'53", AND A CHORD WHICH BEARS S38°50'53"E, A DISTANCE OF 96.69 FEET; 13. S00°29'38"E, A DISTANCE OF 193.85 FEET TO A POINT ON THE NORTH LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, S89°39'21"W, A DISTANCE OF 1,758.96 FEET TO THE SOUTHEAST CORNER OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID KECHTER ANNEXATION NO. 3 THE FOLLOWING FOUR (4) COURSES: 1. N00°43'32"E, A DISTANCE OF 559.09 FEET; 2. S89°31'04"W, A DISTANCE OF 300.15 FEET; 3. N00°44'36"E, A DISTANCE OF 725.89 FEET; 4. N89°29'46"E, A DISTANCE OF 299.94 FEET TO THE POINT OF BEGINNING. CONTAINING 57.906 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property known as the Blehm-Homestead Annexation and described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. 9.2 Packet Pg. 123 Attachment: Ordinance No. 099, 2017 (5778 : SR 099 Blehm-Homestead Zoning) -4- Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: __________________________ City Clerk 9.2 Packet Pg. 124 Attachment: Ordinance No. 099, 2017 (5778 : SR 099 Blehm-Homestead Zoning) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Rita Knoll, Chief Deputy City Clerk Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the General Fund for the Conduct of a Special Election on November 7, 2017, that was not included in the 2017 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 8, 2017, appropriates $150,000 from prior year reserves for the conduct of the November 7, 2017, Special Election. This is an estimated amount based on prior participation in coordinated elections. Final costs will be determined by the number of eligible Fort Collins voters, and the number of entities participating/sharing in the cost of the election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 8, 2017 (PDF) 2. Ordinance No. 103, 2017 (PDF) 10 Packet Pg. 125 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY August 8, 2017 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT First Reading of Ordinance No. 103, 2017, Appropriating Prior Year Reserves in the General Fund for the Conduct of a Special Election on November 7, 2017, that was not included in the 2017 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $150,000 from prior year reserves for the conduct of the November 7, 2017, Special Election. This is an estimated amount based on prior participation in coordinated elections. Final costs will be determined by the number of eligible Fort Collins voters, and the number of entities participating/sharing in the cost of the election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On July 18, 2017, Council passed on First Reading Ordinance No. 096, 2017, calling a Special Municipal Election on November 7, 2017, to be held in conjunction with the Larimer County Coordinated Election to preserve the opportunity for Council to place initiated or referred issues on the November ballot. City staff will present to the City Council for consideration at this same meeting, proposed Charter amendments that would authorize the City to add communication services as a component of the Electric Utilities services and adding related provisions. City staff will also present a Charter amendment concerning the Municipal Court. Council may also place additional measures on the ballot, if desired. CITY FINANCIAL IMPACTS This Ordinance appropriates $150,000 from prior year reserves in the General Fund. Participation in the November election was not budgeted. ATTACHMENT 1 10.1 Packet Pg. 126 Attachment: First Reading Agenda Item Summary, August 8, 2017 (5838 : SR 103 Election Appropriation) -1- ORDINANCE NO. 103, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE CONDUCT OF A SPECIAL ELECTION ON NOVEMBER 7, 2017, THAT WAS NOT INCLUDED IN THE 2017 ADOPTED CITY BUDGET WHEREAS, on July 18, 2017, the City Council passed on First Reading Ordinance No. 096, 2017, calling for a Special Municipal Election to be held in conjunction with the November 7, 2017, Larimer County Coordinated Election; and WHEREAS, it is expected that the City Council will adopt Ordinance No. 096, 2017, on Second Reading on August 15, 2017; and WHEREAS, the purpose of this special election is to preserve the opportunity for Council to place initiated or referred issues on the November ballot; and WHEREAS, while the actual cost of this special election will not be known until after it is held, City staff estimates the cost to be $150,000; 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 has 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: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from reserves in the General Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for the participation in the coordinated election to be held on November 7, 2017. 10.2 Packet Pg. 127 Attachment: Ordinance No. 103, 2017 (5838 : SR 103 Election Appropriation) -2- Introduced, considered favorably on first reading, and ordered published this 8th day of August, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk 10.2 Packet Pg. 128 Attachment: Ordinance No. 103, 2017 (5838 : SR 103 Election Appropriation) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Bob Adams, Recreation Director Chris Van Hall, Legal SUBJECT Items Relating to the Vida Sana Program. EXECUTIVE SUMMARY A. Resolution 2017-047 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 106, 2017, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to approve the Vida Sana subgrant agreement and appropriate subgrant funds in the amount of $18,451 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems' (PVHS) Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming cost for Northside Aztlan Community Center (NACC) exercise programs. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins Recreation Department previously received Vida Sana subgrants for discounted recreation programs in the 2013, 2014, 2015 and 2016 funding cycles. The Vida Sana Grant will fund salaries to support the program coordinator. Additional funds will support operating costs, administration of venue and costs for participation of group based scheduled exercise programs at Northside Aztlan Community Center (NACC). The subgrant Agreement/Memorandum of Understanding outlines the provisions for which the grant was awarded. The Agreement requires appropriate reporting and a commitment to fulfill the purposes of the underlying Colorado Department of Public Health and Environment grant awarded to PVHS, and additional sub grant terms and conditions. The Agreement will guide Recreation Department staff through June 20, 2018 to successfully fulfill all aspects of the grant requirements. The proposed Ordinance appropriates the subgrant funds in the amount of $18,451 to be expended in support of the Vida Sana programming goals of improving community access to exercise programs. 11 Packet Pg. 129 Agenda Item 11 Item # 11 Page 2 CITY FINANCIAL IMPACTS $18,451 total funded to support the program based on the following data. $12,956 salary to support program coordinator $ 5,495 operating costs, administration of venue, and costs for participation of group-based scheduled exercise programs at NACC 11 Packet Pg. 130 -1- RESOLUTION 2017-074 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE POUDRE VALLEY HEALTH SYSTEMS FOUNDATION FOR DELIVERY OF VIDA SANA PROJECT PROGRAMMING WHEREAS, Poudre Valley Health System (PVHS), through its Community Health Improvement Department, has received a grant from the Colorado Department of Public Health and Environment Office of Health Equities to fund the Vida Sana program; and WHEREAS, the City of Fort Collins Recreation Department has received a Vida Sana program sub-grant from the Poudre Valley Health System Foundation (PVHSF) as fiscal administrator for the PHVS grant award, to address health disparities among Hispanic/Latino, white, aging, disabled and low-income community members regarding access to healthy lifestyle counseling and programs; and WHEREAS, the grant totals $18,451.00, and will fund the cost of a program site coordinator who will engage participants through the City's Northside Aztlan Community Center and certain program operating and administration costs; and WHEREAS, in order to receive the grant funds, the City must enter into a grant agreement with PVHS, through PVHSF; and WHEREAS, the City is authorized to enter into intergovernmental agreements, including grant agreements, to provide any function, service or facility, under Article II, Section 16 of the Charter for the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the Grant Agreement, attached hereto as Exhibit “A”, requires the City to offer specific programming through June 30, 2018; to make certain reports for the Colorado Department of Public Health and Environment; and commit to developing and evolving appropriate programming for members of the target populations; and WHEREAS, the City previously entered into agreements with PVHSF to fund Vida Sana programming at the Northside Aztlan Community Center in 2013, 2014, 2015 and 2016; and WHEREAS, City staff recommends the City Council approve the Grant Agreement as described herein. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF FORT COLLINS, that the City Manager is hereby authorized to enter into the Grant Agreement with the Poudre Valley Health Systems, through Poudre Valley Health Systems Foundation as fiscal administrator, in substantially the form of agreement attached hereto as Exhibit “A”, and that the terms of the Grant Agreement are approved together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Packet Pg. 131 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 132 1 Memorandum of Understanding This Memorandum of Understanding (“MOU”) is effective as of July 1, 2017 (“Effective Date”) by and between Poudre Valley Health Care, Inc. d/b/a Poudre Valley Health System (“PVHS”), Poudre Valley Health System Foundation d/b/a PVH & MCR Foundation (the “Foundation”) as fiscal agent, and The City of Fort Collins Recreation Department (the “City”). Vida Sana is a community coalition administered by PVHS through its Community Health Improvement Department, to address health disparities among Hispanic/Latino, white, aging, disabled and low-socio economic status community members in Loveland and Fort Collins. As fiscal agent, the Foundation administers grants for Community Health Improvement. The Foundation received a grant from the Colorado Department of Public Health and Environment’s (CDPHE) Office of Health Equities to fund Vida Sana for a twelve month period beginning July 1, 2017 and concluding June 30, 2018. The grant funds will be used, in part, to fund programming provided by the City. This MOU sets out the terms and conditions of how the grant money will be used by the City. See Appendix A for detailed grant implementation responsibilities and Appendix B for detailed budget information. The City, PVHS, and the Foundation agree to the following: Grant Request and Distribution of Funds: 1. The Foundation was awarded a grant from CDPHE to fund a Vida Sana initiative to provide culturally congruent exercise programming through the City’s Northside Aztlan Community Center (the “Program”). 2. On behalf of Vida Sana, the Foundation shall disburse grant funds to the City each month, as approved by CDPHE, to reimburse the City for allowable expenses associated with the Program, as more fully described herein. a) Based on the proposed budget of June 2017, the anticipated disbursement of funds from the Foundation to the City will be made as follows: $12,955.80 – for salary to support program coordinator. (See Appendix B – Section One) $5,495 – for operating costs, administration of venue, and costs for participation of group-based scheduled exercise programs at Northside by participants. (See Appendix B – Section Two) b) On or before the 15th day of each month, the City will submit an invoice for the previous month’s expenditures to the Vida Sana Health Equity Coordinator. The City shall be responsible for calculating rate of pay, FICA and worker’s compensation based on the amount budgeted. The Health Equity Coordinator will review all invoices and submit them to the Foundation for payment. c) Publications, presentations, or public events resulting from Amendment 35 CCPD Grants Program funding must include an acknowledgment of grant support and a disclaimer. Funding for this event/project/program was provided (in part) by Amendment 35 Cancer, Cardiovascular, and Pulmonary Disease Program (CCPD) funding. The views expressed do not necessarily reflect the official policies of, nor does the mention of imply endorsement by, the Colorado Department of Public Health and Environment. EXHIBIT A 1 Packet Pg. 133 Attachment: Exhibit A (5825 : Vida Sana Grant RESO) 2 d) All books and records related to the grant must be maintained by the City for a period of six years after the date of final payment, unless a shorter period is otherwise authorized in writing, and made available to PVHS. Responsibilities of The City of Fort Collins Recreation Department: The City, through the Northside Aztlan Community Center, will provide access to the culturally relevant physical activity component of this Program. The City will work with Vida Sana community members served by the Vida Sana promotora to assist with expanding existing programs and creating new opportunities based on participant feedback. Northside will track Vida Sana Discount Pass Holders’ enrollments and participation as well as the progress and outcomes of the increased access to physical activity opportunities. Northside Aztlan Community Center will serve as a site for additional programs and classes generated by promotoras to address the needs of Vida Sana neighborhoods. Northside staff will assist with connecting Vida Sana participants with other health equity programs in progress through Vida Sana in the community. The City shall maintain during the term of this MOU all applicable insurance policies in the kinds and minimum amounts stated below: 1. Worker's Compensation Insurance as required by state statute, and Employer’s Liability Insurance covering all of City’s employees acting within the course and scope of their employment. 2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations aggregate; and d. $50,000 any one fire. 3. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the City shall immediately obtain additional insurance to restore the full aggregate limit and furnish to PVHS a certificate or other document showing compliance with this provision. 4. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. 5. The State of Colorado shall be named as an additional insured on the Commercial General Liability policy. Coverage required of the contract will be primary over any insurance or self-insurance program carried by the City, PVHS, or the State of Colorado. 6. The insurance shall include provisions preventing cancellation or non-renewal without at least thirty (30) calendar days prior written notice to PVHS by certified mail. 7. City will require all insurance policies in any way related to the contract and secured and maintained by the City to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. 8. City shall provide certificates showing insurance coverage required by this contract to PVHS by the effective date of the contract. No later than fifteen (15) calendar days prior to the expiration date of any such coverage, the City shall deliver to PVHS certificates of insurance evidencing renewals thereof. At any time during the term of this contract, PVHS may request in writing, and the City shall thereupon within ten (10) calendar days supply to PVHS, evidence of compliance with the provisions of this section. 9. City shall provide such other insurance as may be required by law, or in a specific solicitation. Position Responsibilities: 1) Program Site Coordinator will be responsible for coordinating Northside Aztlan Community Center’s involvement in this Program including, but not limited to, a. Implement pre-approved programs and services based on budget availability. 1 Packet Pg. 134 Attachment: Exhibit A (5825 : Vida Sana Grant RESO) 3 b. Meeting regularly with the Health Equity Coordinator to facilitate the implementation of the Program. c. Attending monthly Vida Sana coalition meetings and engaging members in the Program. d. Meeting with promotoras, families, and current class participants to document and assess desires for new programs and subsequently develop, implement and track their success. e. Developing and maintaining a tracking tool used to record measures of all required outcomes associated with physical activity among participants outlined in this Program. f. Assisting with the oversight of the Northside’s Program staff and exercise coaches by meeting regularly to ensure implementation of a comprehensive program. g. Assisting with the promotion and marketing of existing and possible new exercise programs & classes offered by Northside through the Program. h. Developing and documenting an implementation and evaluation plan for the distribution of the group-based scheduled exercise programs at Northside by participants. i. Collecting & assessing data for reporting requirements and implementation of program evaluation activities. j. Completing and submitting all program invoices in a timely manner to the Foundation. Termination: 1. In the event that due to factors outside the control of PVHS and the Foundation, grant funds are not available from CDPHE to support the Program as outlined herein, this MOU will terminate immediately. 2. In the event that the City materially breaches this MOU, this MOU will immediately terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year written on page one hereof. POUDRE VALLEY HEALTH SYSTEM CITY OF FORT COLLINS By: By: Name: Grace Taylor Name: Title: Senior Director Physician Relations & Community Outreach Title: Date: ________________________________ Date: ______________________________________ PVH & MCR FOUNDATION By: Name: Erica Siemers Title: Senior Director Date: _______________________________ 1 Packet Pg. 135 Attachment: Exhibit A (5825 : Vida Sana Grant RESO) 4 Appendix A Grant Implementation Objective: No later than the expiration date of this Contract, increase access to patient health navigation, health education and opportunities for health related programming to the target population in the service area of Fort Collins, Colorado Goal: Reduce the risks for cardiovascular disease, diabetes, cancer, cardiopulmonary disease and obesity, and increase health education for African American, Asian American/Pacific Islander, Native American/American Indian, Hispanic/Latino Aging, Lesbian, Gay, Bisexual, Transgender and Low Socio-Economic Status individuals in northern Colorado. Primary Activity 1 The Primary Contractor shall provide congruent physical activity programs in conjunction with the City of Fort Collins Northside Aztlan Community Center for the target population. Sub Activity 1 1. Northside Aztlan Community Center shall distribute 4,200 free registrations for the Fort Collins physical activity programs to healthcare providers, non-profit agencies, Community Health Workers/Promotoras in the Fort Collins area. 2. Northside Aztlan Community Center shall track the number of free registrations distributed and utilized by participants. 3. Northside Aztlan Community Center shall implement community desired recreation services and classes, based on feedback surveys, focus groups and individual participant feedback as measured through bi-annual assessments with participants in Fort Collins programs, documenting increased activity level and perception and relevance of the program. Sub Activity 2 1. The City of Fort Collins Northside Aztlan Community Center (subcontractor) shall provide Vida Sana Discount Passes to approved applicants who have an income at 250% of the poverty line or below. Appendix B 2017-18 Budget Allotted for Reimbursement Expense Category CDPHE OHE funding provided to City of Fort Collins Recreation Department CDPHE OHE funding kept with PVHSF Details Funding Totals Program Site Coordinator Program Site Coordinator 15hrs/wk. @ $15.00/hr. x 52 wks. = $11,700.00 FICA 7.65% + Workers Comp 3.07% = 10.72% 10.72% adds $1,255.80 to salary of $11,700.00 $15.00 x 10.72% = $1.61 = $16.61 $16.61 x 780 hours = $12,955.80 $11,700.00 + $1,255.80 = $12,955.80 The Vida Sana Site Coordinator will provide support to the contractual Statement of Work by assisting with oversight to the integration of culturally appropriate physical activity group– based scheduled programming at Northside Aztlan Community Center. This support will assist in fulfilling all the “Work Plan” categories in the 2017-2018 Statement of Work for Fort 5 Collins based intended populations. Category Total: $12,955.80 Appendix B - Section Two 2015-16 Budget Allotted for Reimbursement Expense Category CDPHE OHD funding provided to City of Fort Collins Recreation Department CDPHE OHD funding kept with PVHSF Details Funding Totals Program Enrollment & Participation Base quantity of 4,200 Community Center “Vida Sana Discount Passes” will be provided to approved intended populations described within the Vida Sana project which meet application approval in order to provide access to culturally congruent group-based physical activity programming. These programs will assist to decrease risk factors related to chronic diseases as stated in the Work Plan Goal of the 2017-2018 Statement of Work. Vida Sana Discount Pass Holders will have access to free group-based scheduled programming registration. Registration value = $1.00/person/group-based scheduled class. Registration and class participation will be tracked internally through Northside Aztlan Community Center providing monthly registration & participation counts that will be then invoiced to grantee by contractor for registration & participation reimbursement. $4,200 $4,200 Program Operating Costs & Administration Rental operational services and administration of venue. $1,295 $1,295 TOTAL PROGRAM PARTICIPATION & PROGRAM OPERATING COSTS: Category Total: $5,495 TOTAL SUBCONTRACTED FUNDING: Total Subcontracted Amount $18,450.80 1 Packet Pg. 137 Attachment: Exhibit A (5825 : Vida Sana Grant RESO) -1- ORDINANCE NO. 106, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE RECREATION FUND FOR THE VIDA SANA PROGRAM WHEREAS, Poudre Valley Health System (“PVHS”), through its Community Health Improvement Department, has received a grant from the Colorado Department of Public Health and Environment Office of Health Equity to fund the Vida Sana program; and WHEREAS, the City of Fort Collins Recreation Department has received a Vida Sana program sub-grant from the Poudre Valley Health System Foundation as fiscal administrator for the PHVS grant award; and WHEREAS, the Vida Sana Grant will focus on targeted health disparate populations within Fort Collins (including Hispanic/Latino, low-income, aging and disabled) to address health disparities by allowing community members to participate in discounted healthy lifestyle counseling and programs; and WHEREAS, the grant totals $18,451, and will fund the cost of a program site coordinator, who will engage participants through the City's Northside Aztlan Community Center and certain program operating and administration costs; and WHEREAS, a resolution regarding approval of the grant agreement came before Council at the same time as first reading of this appropriation Ordinance as a separate action item; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Recreation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Recreation Fund the sum of EIGHTEEN THOUSAND FOUR HUNDRED FIFTY-ONE DOLLARS ($18,451) for the Vida Sana program to address health disparities Packet Pg. 138 -2- among Latino/Hispanic, white, aging, disabled and low-income community members by providing access to healthy lifestyle counseling and programming. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 139 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Perrie McMillen, Restorative Justice Program Coordinator Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 107, 2017, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget to the Grant Budget for the Restorative Justice Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $67,612 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. The grant period for is July 1, 2017, to June 30, 2018. This is the first year in a 3-year cycle for the Juvenile Diversion grant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its two programs; RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) for all other offenses, has been partially grant-funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice to support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,850 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. The programs help young people understand how family, friends, victims and community are harmed by their actions and hold them accountable for the harm they caused. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system contribute positively to a safer and healthier community. Addressing the needs and concerns of crime victims and community members also has a positive effect on the overall health and safety of the community. As part of the programs, youth and families are referred to appropriate community resources based on needs identified during program participation. Without grant funding and the support of the City, Restorative Justice Services would not be a service 12 Packet Pg. 140 Agenda Item 12 Item # 12 Page 2 available to young people and their families, crime victims, the courts, law enforcement and our community. CITY FINANCIAL IMPACTS The additional grant money in the amount of $67,612 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by appropriating $7,292 from the Neighborhood Services operating budget, designated for restorative justice. The rest is in-kind match; $9,846 is designated from the City in the form of office space provided for grant funded services and $5,400 is donated volunteer time from a primary volunteer who assists with administrative duties. ATTACHMENTS 1. RESTORE information sheet (PDF) 2. RJCP Information sheet (PDF) 12 Packet Pg. 141 WHAT IS IT? The RESTORE Program provides a voluntary opportunity for young people who have shoplifted to deal with their charge in a way that is meaningful to themselves and the community. HOW DOES IT WORK? The Fort Collins Municipal Court or Larimer County District Attorney’s Office have referred you to our program. You will attend an arraignment and meet with our staff, who will explain the RESTORE program to you and your parent/support person. If you decide to participate in the program, you will complete a RESTORE intake form and sign up for Session #1. You will also be asked to take a survey, which is anonymous and used for grant funding purposes. If under the age of 18 a parent/guardian must attend the sessions with you. RESTORE Session #1 has three parts and will take approximately 3 hours. Part 1- You and your parent/support person will listen to speakers discuss the impact of shoplifting on the merchant community, law enforcement, the court system, families, and the larger community. You will also hear other youth speak about how shoplifting has affected them, their peers, and their families. Part 2 – You and your parent/support person then will meet with a small group to talk about the shoplifting incident you were involved in and how you have been affected by this incident. This group will also include other young shoplifters, their parents, a community member, a peer representative, and a merchant representative, and will be facilitated by RESTORE volunteers. Part 3 - When the small group is complete, you and your parent/support person will review a contract and select from a list ways you can repair the harm to the victim, the community, your family and yourself. The contract includes eight hours community service. You will also sign up for a time to return to Session #2. RESTORE Session #2 will take approximately one hour. About one month after Session #1, you will return to the RESTORE Program with all of your completed contract items. You will meet with a small group of volunteers who will review your contract and verification of items completed. You will also complete the survey taken in the original meeting. Not guilty: If you believe you are not guilty, you do not belong in the RESTORE Program. To participate, you must admit your part in the incident. BY PARTICIPATING IN THE RESTORE PROGRAM, YOU CAN: learn more about shoplifting and how it affects merchants and the community repair the harm done by the incident in a meaningful way make choices about the consequences of your actions have your theft charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order only) Sliding scale is available for families who qualify. FOR MORE INFORMATION about the RESTORE Program, contact: RESTORE Program - (970) 416-2290 Restorative Justice does not discriminate on the basis of race, color, national origin, religion, sex, disability or age in the delivery of its services. Interpreter services and documents translated to other languages are available at no cost to Restorative Justice participants. En la prestación de sus servicios, la Justicia Restaurativa no discrimina por razones de raza, color, origen nacional, religión, sexo, discapacidad o edad. Los servicios de intérpretes y traducción de documentos a otros idiomas están disponibles sin costo alguno para los participantes de la Justicia Restaurativa. ATTACHMENT 1 12.1 Packet Pg. 142 Attachment: RESTORE information sheet (5771 : Restorative Justice Grant) WHAT IS IT? The Restorative Justice Conferencing Program (RJCP) provides a voluntary opportunity for young people (age 10-22) who have committed misdemeanor offenses to deal with their charge in a way that is meaningful to them and the community. HOW DOES IT WORK? Fort Collins Municipal Court or Larimer County District Attorney’s Office has referred you. You will attend a court arraignment and meet with RJCP staff. If you decide to participate, you will complete forms to sign up for the program. You will also be asked to take a survey. If you are under 18, your parent/guardian must attend the arraignment and the RJCP meetings with you. Restorative Justice Conferencing Program (RJCP) RJCP consists of three meetings, totaling 4-6 hours, and contract obligations to fulfill in between. Meeting #1 – (1-1.5 hours) You and your parent/guardian will meet with RJCP facilitators for a preconference meeting. At this meeting you will learn more about the RJCP process and will prepare for the upcoming RJ circle. You will discuss the incident and explore your thoughts and feelings about the incident and who has been impacted by it. Your parent will also discuss how the incident has impacted the family. You will have homework to develop ideas on how to repair the harm caused by the incident. Meeting #2 – (2-3 hours) You and your parent/guardian will meet with the victim/victim representative, other offenders (if there are any), community representatives and the RJCP facilitators in a face-to-face meeting. The discussion will focus on who has been harmed by the incident, how they have been harmed, and what can be done to repair the harm. The circle will develop a contract to address repairing the harm caused by the incident. The contract will include a minimum of 20 restorative hours for you to fulfill. Meeting #3 – (1 hour) You and your parent/guardian will return for a follow-up interview with RJCP staff and/or volunteers when your contract obligations are complete (usually about a month). You must bring written verification of all contract items to this interview. Other participants from the circle will be invited to attend the interview, and may or may not be present. You will also complete the survey taken at the court arraignment. If all contract items are complete and verified, you will have completed the program. BY PARTICIPATING IN THE RJCP PROGRAM, YOU MAY: learn more about your offense and how it affected the victim, community, your family, yourself repair the harm done by the incident in a meaningful way make choices about the consequences of your actions have your charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order only) A reduced fee is available for families who qualify. FOR MORE INFORMATION, contact: Restorative Justice Services (970) 416-2290 Restorative Justice does not discriminate on the basis of race, color, national origin, religion, sex, disability or age in the delivery of its services. Interpreter services and documents translated to other languages are available at no cost to Restorative Justice participants. En la prestación de sus servicios, la Justicia Restaurativa no discrimina por razones de raza, color, origen nacional, religión, sexo, discapacidad o edad. Los servicios de intérpretes y traducción de documentos a otros idiomas están disponibles sin costo alguno para los participantes de la Justicia Restaurativa. ATTACHMENT 2 12.2 Packet Pg. 143 Attachment: RJCP Information sheet (5771 : Restorative Justice Grant) -1- ORDINANCE NO. 107, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND TRANSFERRING FUNDS FROM THE COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OPERATING BUDGET TO THE GRANT BUDGET FOR THE RESTORATIVE JUSTICE PROGRAM WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Community Development and Neighborhood Services (“CDNS”) a grant in the amount of $67,612 for salaries associated with the continued operation of the Restorative Justice Program (the “Program”); and WHEREAS, the Program is an alternative method to the traditional criminal justice system, providing services to more than 2,850 young people who committed chargeable offenses in the community since 2000; and WHEREAS, the Program facilitates a meeting with the young offender, the victim, and community members to discuss the harm caused by the young offender and to find meaningful ways for the young person to repair that harm; and WHEREAS, the grant period for this award is from July 1, 2017 to June 30, 2018; and WHEREAS, the grant requires a 25% grant match of $22,538; and WHEREAS, the City’s cash match of $7,292 will come from the CDNS operating budget for Restorative Justice and the remaining $15,246 match requirement will come from the City in the form of office space and volunteers provided for the grant funded services; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Colorado Division of Criminal Justice grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by Ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 144 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of SIXTY-SEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS ($67,612) for expenditure in the General Fund for continuation of the Restorative Justice Program. Section 3. That the unexpended appropriated amount of SEVEN THOUSAND TWO HUNDRED NINETY-TWO DOLLARS ($7,292) is hereby authorized for transfer from the Community Development and Neighborhood Services operating budget in the General Fund to the grant project for Restorative Justice Services and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 145 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Ingrid Decker, Legal SUBJECT Items Relating to Additional Allocations of Funding to Projects Funded in 2017 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant Program, Federal HOME Investment Partnerships Program, the City’s Affordable Housing Fund Program and the City’s Human Services Program (HSP). EXECUTIVE SUMMARY A. Resolution 2017-075 Rescinding Resolution 2017-042 and Approving Revised Allocations to the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. First Reading of Ordinance No. 109, 2017, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. First Reading of Ordinance No. 110, 2017, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. The purpose of this item is to appropriate the additional funding received from the Department of Housing and Urban Development (HUD) for 2017 and distribute the final funding allocations proportionately in accordance with the Community Development Block Grant Commission’s (CDBG) recommendations. This will complete all funding allocations related to the 2017 Spring Cycle of to Competitive Process. Resolution 2017-075 rescinds the resolution passed by the City Council in May 2017 to allocate funding and completes the final distribution of funding to the 2017 Spring Cycle of the Competitive Process for allocating $1,174,289 in City financial resources to human service programs, affordable housing projects and the administration of the CDBG and HOME programs for the fiscal year that begins October 1, 2017. Ordinance No. 109, 2017, appropriates the increase in allocations to the FY2017 CDBG from HUD and Ordinance No. 110, 2017 appropriates the increase in allocations to the FY2017 HOME Participating Jurisdiction (PJ) Grant from HUD. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading. BACKGROUND / DISCUSSION Resolution 2017-042, adopted by City Council May 16, 2017, established which programs and projects would receive funding with CDBG, HOME, AHF and HSP funds for the FY2017 program year that begins October 1, 2017. CDBG and HOME are federal dollars allocated through HUD. 13 Packet Pg. 146 Agenda Item 13 Item # 13 Page 2 At the time the recommendation was brought to City Council, the City had not yet received the final FY2017 budget allocations from the Department of Housing and Urban Development (HUD). In anticipation of potential budget cuts, the CDBG Commission estimated HUD funding at 75% of the prior year grant awards. These recommendations also did not include any City funding that had not yet been reappropriated to either affordable housing or human services. The recommendation from the CDBG Commission outlined the course of action for proportionately increasing funding across all applications not receiving their full request in the event the HUD grant exceeded the estimated amounts. Since the May 16, 2017 adoption of funding recommendations, an additional $21,000 in AHF fund dollars became available through re-appropriation and the City received notification from HUD regarding the FY17 CDBG and HOME Allocations. CDBG funding increased by $253,378 over the estimated amount and the HOME award increased by $214,704. These funds are now being proportionately distributed across the previously approved projects according to the guidance provided by the CDBG Commission. FY2017 Funding Increase Additional Project Funding CDBG HOME FY2017 Planning & Administration $50,675 $21,470 FY2017 Public (Human) Service $38,006 $0 Unallocated* $164,697 $193,234 Total $253,378 $214,704 *The unallocated balance will be carried forward for allocation to eligible housing projects in the FY2018 Spring Competitive Process The following table shows both the estimated and final dollars available in each funding category: FY2017 Funding Categories Funding Source Estimated Funding Final Allocation FY2017 Housing $3,145,480 $3,524,375 FY2017 Public (Human) Service $859,069 $897,067 FY2017 Planning and Administration $202,476 $274,611 Appropriation Shortfall (prior year commitments) $26,014 $26,014 Total $4,233,039 $4,722,067 Total CDBG money for FY2017 is $ $1,449,191. The represents an increase of $253,378 over the estimated amount of $1,195,867 which was used for deliberations. HUD regulations allow a maximum of 20% of CDBG Entitlement grant to be used for CDBG planning and program administration. The maximum limit allowed by HUD regulations in the Public (Human) Service category for the CDBG Entitlement grant is 15%.The following table provides a summary of 2017 CDBG funding sources: FY2017 CDBG Funding Sources Funding Source Estimated Funding Final Allocation FY2017 CDBG Entitlement Grant $712,415 $965,793 CDBG Reconciled Funds $483,452 $483,452 Total $1,195,867 $1,449,245 The City’s contribution to the Public (Human) Service category is $739,648. This amount remains unchanged. The following table provides a summary of 2017 HSP funding sources: FY2017 HSP Funding Sources Funding Source Estimated Funding Final Allocation FY2017 HSP GF $371,601 $371,601 FY2017 HSP KFCG $368,047 $368,047 Total $739,648 $739,648 13 Packet Pg. 147 Agenda Item 13 Item # 13 Page 3 Total HOME money for FY2017 is $1,987,181. This represents an increase of $214,704 over the estimated amount $1,722,477 which was used for deliberations. HUD regulations allow a maximum of 10% of the HOME Grant ($62,163) and a portion of HOME FY2016 Program Income ($19,301) for a total of $81,464 to be used for HOME program administrative purposes. The following table summarizes the 2017 HOME funding sources: FY2017 HOME Funding Sources Funding Source Estimated Funding Final Allocation FY2017 HOME Grant (estimated 75% of prior year funding) $406,927 $621,631 FY2016 HOME Program Income 10/16-3/17 $22,629 $22,629 FY2016 HOME Program Income $284,014 $284,014 FY2016 Uncommitted $1,058,907 $1,058,907 Total $1,772,477 $1,987,181 The City’s contribution to the housing category is $546,017. This is an increase of $21,000 over the estimated amount of $525,047 which was used for deliberations. The following table summarizes the 2017 AHF funding sources: FY2017 AHF Funding Sources Funding Source Estimated Funding Final Allocation FY2017 AHF GF $325,047 $325,047 FY2017 AHF KFCG $200,000 $200,000 FY16 - AHF Re-appropriation of prior year funds $21,000 Total $525,047 $546,047 At the April 13, 2017 Competitive Process Deliberations, the CDBG Commission chose to move forward with the funding recommendations using 75% of FY2016 allocations with the following guidance: If the City receives fewer FY2017 dollars than anticipated, the CDBG Commission will prioritize which housing applicants should receive funding at its May 11 meeting. The CDBG Commission voted to recommend adjusting the funding amounts to each of the Public (Human) Service applicants that are being recommended for funding. If the amounts are higher, each applicant receiving funding will get an equal amount of additional funds, unless they received 100% of their request. If the amount received is lower, each applicant recommended for funding will have an equal amount of their funding recommendation lowered. The following funding adjustments are in accordance with those above recommendations: Planning and Administration Category Applicant Project/Program Estimated Funding Final Funding Increase City of Fort Collins: CDBG Administration/Planning $142,483 $193,147 $50,664 City of Fort Collins: HOME Administration/Planning $59,993 $81,464 $21,471 Administration/Planning Total $202,476 $274,611 $72,135 Housing & Public Facility Category With enough funding dollars in the Housing category, and with good housing proposals submitted, the CDBG Commission recommended full funding for all five housing proposals. All projects were approved on May 16, 2017. Public Service Category The CDBG Commission recommended 30 human service applications for funding, with the guidance that any increase in funding be proportionately distributed among the applications, with no applicant exceeding 100% of 13 Packet Pg. 148 Agenda Item 13 Item # 13 Page 4 their request. The increase in the CDBG award made an additional $37,998 available in funding to the human service agencies. The Final (Adjusted ) Funding Recommendation shows the proportional increase for each of the applicants. Applicant Project/Program Funding Request Commission’s Recommended Funding Revised Funding Percent of Request Funded Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education $10,000 $5,000 $5,259 53% B.A.S.E. Camp: Childcare Scholarships $70,000 $50,000 $52,592 75% Bike Fort Collins: Upshift-Supporting Opportunity Through Bikes $8,880 $0 $0 0% Boys & Girls Clubs of Larimer County: Great Futures Start Here $30,000 $22,000 $23,141 77% CASA Program: Court Appointed Special Advocates $31,429 $13,500 $14,200 45% CASA Program: Harmony House Supervised Visitation $31,046 $15,000 $15,778 51% Catholic Charities: Senior Services $35,000 $25,000 $26,296 75% Catholic Charities: The Mission Shelter $70,000 $30,000 $31,555 45% ChildSafe Colorado: Child Sexual Abuse Treatment Program $40,000 $37,000 $38,918 97% Colorado Health Network : Northern Colorado AIDS Project (NCAP) $7,500 $7,500 $7,500 100% Crossroads Safehouse: Advocacy Project $118,727 $40,634 $42,741 36% Disabled Resource Services: Access to Independence $31,116 $30,000 $31,116 100% Elderhaus Adult Day Program: Community Based Therapeutic Care $53,000 $39,976 $42,048 79% Ensight Skills Center: Low Vision Training Program $30,733 $0 $0 0% Food Bank for Larimer County: Kids Café $33,000 $23,500 $24,718 75% Health District of Northern Larimer County: Dental Connections Agenda Item 13 Item # 13 Page 5 Applicant Project/Program Funding Request Commission’s Recommended Funding Revised Funding Percent of Request Funded RVNA/CO Visiting Nurse Association: In Home Support $35,000 $20,000 $21,037 60% Respite Care: Childcare Scholarships $35,000 $31,000 $32,607 93% SAVA Center: Sexual Assault Victim Services $50,000 $25,459 $26,779 54% SummitStone Health Partners: Community Behavioral Health Treatment Program $27,200 $25,000 $26,296 97% SummitStone Health Partners: Mental Health Services at the Murphy Center $27,200 $18,000 $18,933 70% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $49,000 $51,540 86% Team Fort Collins dba TEAM Wellness and Prevention: Pay it Forward-Alcohol Level II Classes $34,050 $0 $0 0% The ARC of Larimer County: Neuropsychiatric Evaluations for I/DD Populations $20,000 $0 $0 0% The Center for Family Outreach: Low- Income Scholarship Program $20,000 $0 $0 0% The Family Center/La Familia: Childcare Scholarship Program $50,000 $40,000 $42,074 84% The Growing Project: Community Food Production, Education and Distribution Program $25,000 $0 $0 0% The Matthews House: Empowering Youth Program $35,000 $19,000 $19,985 57% Turning Point Center for Youth and Family Development: Crisis Intervention Services $30,000 $12,500 $13,148 44% Voices Carry Child Advocacy Center: Victim Services $25,000 $22,000 $23,141 93% Agenda Item 13 Item # 13 Page 6 or for partial purchase of service locations, the agencies are better able to utilize other available funds to serve their clients. BOARD / COMMISSION RECOMMENDATION At the April 13, 2017 Competitive Process Deliberations, the CDBG Commission chose to move forward with the funding recommendations using 75% of FY2016 allocations with the following guidance: If the City receives fewer FY2017 dollars than anticipated, the CDBG Commission will prioritize which housing applicants should receive funding at their May 11 meeting. The CDBG Commission voted to recommend adjusting the funding amounts to each of the Public (Human) Service applicants that are being recommended for funding. If the amounts are higher, each applicant receiving funding will get an equal amount of additional funds, unless they received 100% of their request. If the amount received is lower, each applicant recommended for funding will have an equal amount of their funding recommendation lowered. The justifications for the CDBG Commission’s recommendations can be found in the April 13, 2017 CDBG Commission minutes. (Attachment 1) PUBLIC OUTREACH Applicants had the opportunity to make presentations to the CDBG Commission on four evenings in March 2017 and the CDBG Commission held a meeting on April 13, 2017 to deliberate the proposals and make funding recommendations. All meetings were open to the public and added to the City calendar. HUD regulations required a 30-day public comment period on the original proposed allocation of CDBG and HOME funds. Staff placed an ad in the Coloradoan newspaper on April 16, 2017 presenting the list of recommended funding for programs/projects and held a public comment period from April 17, 2017 through May 16, 2017. The Council meeting held on May 16 served as a Public Hearing and comments were recorded and reported to HUD in August. The public notice of funding recommendations was placed on the Social Sustainability Department’s website. It was also distributed to applicants and 12 entities serving a majority of clients in legally protected classes, including those in a racial/ethnic minority, those with a disability, or female heads of households, or serving those community members who might otherwise have barriers to public participation in the City’s civic engagement processes. Many recipient organizations made public comments during Citizen Participation at the May 16, 2017 City Council meeting to express appreciation for the award recommendations. ATTACHMENTS 1. CDBG Funding Deliberations (PDF) 13 Packet Pg. 151 1 COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION FUNDING DELIBERATIONS 222 Laporte Ave, Fort Collins April 13, 2017 6:00 P.M. COMMISSION MEMBERS PRESENT: Taylor Dunn (Chair) Holly Carroll (Vice Chair) Steve Backsen Annette Zacharias Margaret Long Serena Robb Sara Maranowicz COMMISSION MEMBERS ABSENT: Anita Basham Amy Dondale STAFF PRESENT: Sharon Thomas, Janet Freeman, Heidi Phelps, Beth Rosen, Tina Hopkins-Dukes The meeting was called to order by Chair, Dunn at 6:02 p.m. with a quorum present. The purpose of the meeting was to allocate funds requested during the 2017 Spring Cycle of the Competitive Process. The Commission deliberated five Housing requests, one Public Facility and 39 Public Service requests. Taylor Dunn announced that since the FY2017 federal funding dollar amounts have not been received, the dollar amount on the spreadsheet represents 75% of FY2016 CDBG and HOME funding and that there is a possibility of receiving more or less. Dunn asked for suggestions from the Commissioners on how to distribute the funds once received. Steve Backsen suggested we allocate the funds we have and then decide the best way to distribute the Federal funds at the end of this meeting. All agreed this was the best way to handle this situation. Dunn opened discussions in the Housing and Public Facility category and asked for motions. ATTACHMENT 1 13.1 Packet Pg. 152 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 2 HOUSING and PUBLIC FACILITY CATEGORY HO-4 Housing Catalyst: Village on Horsetooth - $1,125,000 requested Margaret Long made a motion to fully fund this program in the amount of $1,125,000. Holly Carroll seconded. Long said that this is the last piece of the project and will have a big impact once completed. Carroll mentioned that this is also the first development on a City Land Bank property. The motion to fund HO-4 at $1,125,000 passed unanimously. HO-1 DMA Plaza: Rehabilitation - $1,000,000 requested Annette Zacharias made a motion to fully fund this program in the amount of $1,000,000. Holly Carroll seconded. Zacharias said that this property is a key component of senior housing and would like to make sure to secure the property. Carroll agreed. Margaret Long agreed with Zacharias and Carroll but was concerned about the amount requested. Long felt some of the funding could be reserved for later. The motion to fund HO-1 at $1,000,000 passed 6-0 with Margaret Long abstaining. HO-3 Hendricks Communities: Northern Hotel - $425,000 requested Margaret Long made a motion to fully fund this program in the amount of $425,000. Taylor Dunn seconded. Long said this is the other property that is designated to seniors and waiting will make this project more expensive and she feels it is important for the comfort of the residents. Dunn seconded to hear the discussion. Holly Carroll expressed concerns regarding the company and firm that owns the property now and if they would come back for more funding in the future. Annette Zacharias expressed concerns as to whether they would be able to spend the money in time. The motion to fund HO-3 at $425,000 passed 4-2 with Serena Robb abstaining. PF-01 United Way of Larimer County: Pine Street Roof Replacement & Masonry Repair- $57,665 requested 13.1 Packet Pg. 153 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 3 Taylor Dunn made a motion to fund PF-1 in the amount of $0. Steve Backsen seconded. Dunn said he does not believe that this project fits how these funds are intended, funding a funder, and that the funds are not going to direct service. Backsen agreed Holly Carroll added that this is not a priority for the City right now. The motion to fund PF-01 at $0 passed 6-0 with Annette Zacharias abstaining. HO-2 Habitat for Humanity: Harmony Cottages - $400,000 requested Holly Carroll made a motion to fully fund this program in the amount of $400,000. Margaret Long seconded. Carroll said she likes what they do and that it is a worthy investment. Long agreed and said that even thought his is for a future project it is prudent to purchase the land now. Taylor Dunn added that it would help the organization in fundraising knowing that they have the property. The motion to fund HO-2 at $400,000 passed unanimously. HO-5 N2N: Clearview Roof & Sealing Exterior - $24,000 requested Annette Zacharias made a motion to fully fund this program in the amount of $24,000. Steve Backsen seconded. Zacharias said that it is valuable property to stabilize and the requested amount is fairly low. Backsen agreed. Taylor Dunn said he is concerned with the continued requests by this organization for rehabilitation projects which might be labeled maintenance. Zacharias asked if we might be able to have the organization define the project and address what their future plan will be. Holly Carroll made a friendly amendment to request the organization provide a plan for future routine maintenance which was accepted by Annette Zacharias. Beth Rosen asked for clarification regarding releasing the funds. Taylor Dunn said that the motion as passed would require the organization to provide a plan for future maintenance before asking for any more capital funding for this property. The amended motion to fund HO-5 at $24,000 passed unanimously. Chair Taylor Dunn asked for a motion to approve the Housing matrix so moved by Holly Carroll and seconded by Taylor Dunn. 13.1 Packet Pg. 154 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 4 The motion to approve the Housing matrix passed unanimously. PUBLIC SERVICE CATEGORY PS-31 TEAM Wellness and Prevention: Pay It Forward-Alcohol Level II Classes - $34,050 requested Steve Backsen made a motion to fund PS-31 at $0. Margaret Long seconded. Backsen said that the services they offer are the same as other organizations. Long believed that the funds they are requesting appear to be startup funding and was concerned that they did not ask for technical assistance. Serena Robb also mentioned that the organization would move forward with funding the program before City funds are available and the funds received from this request would be reimbursement later which is an issue. The motion to fund PS-31 at $0 passed unanimously. PS-3 Bike Fort Collins: Upshift-Supporting Opportunity through Bikes - $8,880 requested Margaret Long made a motion to fund PS-3 in the amount of $0. Steve Backsen seconded. Long thinks this is a great program but is concerned with their ability to administer the grant and they did not ask for technical assistance. Backsen would like to see them collaborate with others for funding noting that Fort Collins is a very bicycle friendly community with many bicycle resources. Holly Carroll mentioned that we were the only source of funding for this project to which she disagrees with. Long said the organization does have other funders but this is not a good time for us in terms of the limited funds available. The motion to fund PS-3 at $0 passed unanimously. PS-21 Neighbor to Neighbor: Homelessness Prevention & 1st Month’s Rent -$80,000 requested Taylor Dunn made a motion to fully fund PS-21 at $80,000. Annette Zacharias seconded. Dunn stated there used to be two organizations providing rent assistance and now this is the only one. Dunn said N2N is doing a great job and he would like to see funding 13.1 Packet Pg. 155 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 5 increase. Zacharias agreed and stated the need will continue to increase. Steve Backsen was not in agreement with the amount noting the lack of funding available. The original motion to fund PS-21 at $80,000 passed 6-1. PS-35 The Growing Project: Community Food Production, Education & Distribution Program - $25,000 requested Margaret Long made a motion to fund PS-35 at $0. Annette Zacharias seconded. Long said this is a good program but she is concerned about their ability to administer the grant regarding income data and they did not come in for technical assistance. Zacharias said the organization is doing a good job on their own and the Commission has higher priorities. Holly Carroll would like to fund a portion of the program. Holly Carroll made a friendly amendment to fund PS-35 at $7,500 to cover a portion of the Director’s salary but the amendment was rejected. The motion to fund PS-35 at $0 passed 5-2. PS-17 Heart of the Rockies, Kids at Heart: Fundango - $22,721 requested Holly Carroll made a motion to fund PS-17 at $0. Steve Backsen seconded. Carroll said the organization is not ready to receive funding at this time. Backsen agreed. Annette Zacharias recommended a partial funding noting they are a new nonprofit and will not be receiving funding from United Way as they serve disabled and high needs children. Serena Robb mentioned that this program has been in operation for a while under a different structure and are trying to establish as a nonprofit. Margaret Long agrees with zero funding and wants the public to become aware of the need for such programs. Robb suggested the organization decide how they are going to collect AMI data before coming in for funding. Taylor Dunn likes the program but is concerned that they are not ready. Annette Zacharias made a friendly amendment of $10,000 which was not accepted. The motion to fund PS-17 at $0 passed 5-2. PS-20 Larimer County Partners: One to One Mentoring - $15,000 requested 13.1 Packet Pg. 156 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 6 Steve Backsen made a motion to fund PS-20 at $0. Annette Zacharias seconded. Backsen said this is a great program but would suggest they look to grant writing for additional funding. Zacharias mentioned that the organization is not in grave need and the Commission has higher priorities at this time to which Backsen agreed. The motion to fund PS-20 at $0 passed 6-1. PS-12 Disabled Resource Services: Access to Independence - $31,116 requested Margaret Long made a motion to fully fund PS-12 at $31,116. Taylor Dunn seconded. Long said this organization provides very good services and have shown excellent administrative capacity. Long mentioned that this organization also lost funding through United Way. Dunn seconded for discussion. Steve Backsen made a friendly amendment to fund PS-12 at $27,000. Margret Long rejected the amendment. Taylor Dunn mentioned that he does not agree with the increase as we have higher priorities. Annette Zacharias agreed with Dunn. The motion to fund PS-12 at $31,116 failed 1-6. PS-32 The ARC of Larimer County: Neuropsychiatric Evaluations for I/DD Population - $20,000 requested Steve Backsen made a motion to fund PS-32 for $0. Holly Carroll seconded. Backsen said this is a high individual cost. Carroll said this is a startup program and would like them to come back with data. Taylor Dunn would like to see some data and return on investment before the organization comes back for funding. Annette Zacharias said this is not a startup program, they just have not asked for money from us before for this program. Zacharias stated the program will have problems trying to find funding since this service is very specific and individual. Serena Robb said this is a program that could easily be partially funded. Annette Zacharias made a friendly amendment to fund at $14,000 which was rejected by Backsen. 13.1 Packet Pg. 157 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 7 The motion to fund PS-32 at $0 failed 3-3-1. PS-19 Homeless Gear: Homeless Gear Programs- $35,000 requested Taylor Dunn made a motion to fund PS-19 at $33,000. Annette Zacharias seconded. Dunn said they have shown outstanding work and used the money wisely in the past. There is a large need for services for this population in the community. Zacharias agreed and was impressed with how this organization took over management smoothly and in such a short amount of time. Backsen agrees they provide a great service but mentioned the amount of funding the Commission has provided this organization. Serena Robb asked how the funds would be allocated. Robb suggested funding 25% of the salary request. Holly Carroll questions providing funding for vehicle and warehouse services since that is not direct service. Zacharias clarified the need for a warehouse and their Outreach vehicle as direct service. Dunn agreed and said that gas and insurance is a part of direct service in this organization. The motion to fund PS-19 for $33,000 passed 5-2. PS-18 Homeless Gear: Murphy Center Programs- $36,000 requested Holly Carroll made a motion to fund PS-18 at $30,000. Steve Backsen seconded. Carroll said the organization did a great job of getting things at the Murphy Center back on track, Backsen said that last year this organization received a large amount of City funding and that the proposed amount seems fair. The motion to fund PS-18 at $30,000 passed unanimously. PS-1 Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education - $10,000 requested Steve Backsen made a motion to fund PS-1 at $5,940. Taylor Dunn seconded. Backsen would like to fund the Coping With Mood Disorder guide as that would be dollars well spent. Dunn did not have anything to add. Holly Carroll asked which resource guide was more important to fund the RAPP program or this new one. Annette Zacharias asked if this was even worth funding if we cut the funding back regarding reporting requirements. Sharon Thomas clarified that this organization has a different reporting in that they provide one or two invoices for printing costs, rather than monthly reporting. 13.1 Packet Pg. 158 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 8 Taylor Dunn made a friendly amendment to fund PS-1 at $5,000. Steve Backsen rejected the amendment. The motion to fund PS-1 at $5,940 failed 2-5. PS-7 Catholic Charities: Senior Services - $35,000 requested Margaret Long made a motion to fund PS-7 at $30,000. Annette Zacharias seconded. Long said this organization lost United Way funding and this is a valuable service which provides wonderful case management. Zacharias mentioned she is concerned with their losing funding from United Way and said they do a great job and this is a needed service. Taylor Dunn does not believe it is the responsibility of this Commission to fill the gap of United Way funding cuts. Dunn also feels like this organization might be able to find other ways to get assistance. Steve Backsen said he would like to increase funding from last year however not that high. Holly Carroll made a friendly amendment to decrease the amount to $25,000. Margaret Long accepted the amendment. The amended motion to fund PS-7 for $25,000 passed 4-3. PS-10 Colorado Health Network - NCAP: Northern Colorado AIDS Project - $7,500 requested Steve Backsen made a motion to fund PS-10 at $7,000. Holly Carroll seconded. Backsen said this organization is due for a bit of an increase and provides services for a unique program. Backsen mentioned this was the only organization providing these services. Holly Carroll made a friendly amendment to fully fund PS-10 at $7,500. Steve Backsen accepted the amendment. Serena Robb mentioned that $1,000 of the request was for the Regional Manager salary. Holly Carroll asked to make a second amendment to her first amendment to decrease funding to $6,500 and not fund the salary portion of the request. Steve Backsen rejected the second amendment. Annette Zacharias clarified that the Regional Director acts as their Executive Director and that they do not have a local administrator in that capacity. 13.1 Packet Pg. 159 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 9 The amended motion to fund PS-10 at $7,500 passed 5-2. PS-26 Respite Care: Childcare Scholarships - $35,000 requested Taylor Dunn made a motion to fund PS-26 at $30,000. Serena Robb seconded. Dunn said they do good work and would like to keep consistent funding. Robb agreed and mentioned they are the only organization providing this service. Steve Backsen would like to fund them even higher at $32,000 since they have not had an increase in several years. Dunn agreed but could not make the numbers add up and would like to give them more. The motion to fund PS-26 at $30,000 passed 6-1. PS-14 Ensight Skills Center: Low Vision Training Program - $30,733 requested Margaret Long made a motion to fund PS-14 at $0. Steve Backsen seconded. Long said this is a good agency and they are growing however she had some concerns with the grant and their capacity to administer and they did not come in for technical assistance. Backsen agreed but had trouble trying to figure out how to fund a new program with the limited funding available. Taylor Dunn mentioned the organization had been encouraged to use technical assistance last year and was disappointed to see they did not do that this year. The motion to fund PS-14 at $0 passed unanimously. PS-15 Food Bank for Larimer County: Kids Café - $33,000 requested Annette Zacharias made a motion to fund PS-15 at $25,000. Taylor Dunn seconded. Zacharias said this organization has done a great job with this program and provide healthy, warm, fresh foods for children throughout the year. Their summer program is important to children not in school. Dunn agreed but was not able to make an increase in funding work with the funding available. Holly Carroll mentioned that the Food Bank is an organization that has the capacity to fundraise and is well supported by the community. Carroll suggested maintaining last year’s level of funding. Holly Carroll made a friendly amendment to decrease funding to $23,500 which is the same as last year. Zacharias accepted the amendment. Steve Backsen said he would like 13.1 Packet Pg. 160 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 10 to fund at $25,000 and Taylor Dunn said this motion would get a yes from him where the higher amount might not have. The amended motion to fund PS-15 at $23,500 passed unanimously. PS-2 B.A.S.E. Camp: Childcare Scholarships - $70,000 requested Holly Carroll made a motion to fund PS-2 for $49,000. Margaret Long seconded. Carroll said childcare scholarships are very important and would like to maintain funding even though the need is growing. Long agreed and mentioned the importance of childcare services during the summer. Steve Backsen made a friendly amendment to increase funding to $51,000. The amendment was rejected until after all funds have been allocated. The motion to fund PS-2 at $49,000 passed unanimously. PS-22 Neighbor to Neighbor: Housing Counseling - $60,000 requested Taylor Dunn made a motion to fund PS-22 at $32,500. Margaret Long seconded. Dunn said housing continues to be a huge issue and they serve a needy population. This would keep the organization at stable funding. Serena Robb commented that the Home Share program is new. Holly Carroll questioned the request for funding 75% of salary which is more than this Commission usually funds. Annette Zacharias also questioned the salary request stating the request was 42% of the budget and is a lot to ask for this type of funding. Dunn agreed and would like to have seen a more reasonable request for salary. Zacharias mentioned that decreasing funding to half of the request would decrease the percentage to around 24% which is reasonable. The motion to fund PS-22 at $32,500 passed unanimously. PS-23 Project Self-Sufficiency: Creating Pathways to Sufficiency - $30,000 requested Margaret Long made a motion to fund PS-23 at $30,000. Annette Zacharias seconded. Long stated this organization has a track record of long term success and the key to the program is the case workers. Zacharias agreed and said they fill a gap that is unique. The motion to fund PS-23 at $30,000 passed unanimously. 13.1 Packet Pg. 161 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 11 Chair Taylor Dunn asked to take a quick five minute break and reconvene at 7:48pm. PS-4 Boys and Girls Clubs of Larimer County: Great Futures Start Here - $30,000 requested Taylor Dunn made a motion to fund PS-4 at $22,000. Holly Carroll seconded. Dunn said this is close to the same funding as last year and this organization has a capacity to fundraise. Carroll agreed. Annette Zacharias said this is well worth funding and asked to make a friendly amendment to fund the same as last year. Dunn rejected and said this organization could make up the funds easily. Steve Backsen said he did not see an organization that deserved a cut however this agency could manage with less than some of the others. The motion to fund PS-4 at $22,000 passed unanimously. PS -13 Elderhaus Adult Day Program: Community Based Therapeutic Care - $53,000 requested Annette Zacharias made a motion to fund PS-13 at $38,500. Taylor Dunn seconded. Zacharias said this is a unique organization and their reporting is great. They are doing a great job. Dunn agreed and said they do great work. Steve Backsen said he would have an issue if we cut back on funding. Holly Carroll agreed and said with the new facility the need is greater. Margaret Long mentioned this organization was cut from funding by United Way. The motion to fund PS-13 at $38,500 passed 6-0 with Margret Long abstaining. PS-5 CASA Program: Court Appointed Special Advocates - $31,429 requested Taylor Dunn made a motion to fund PS-5 at $12,000. Margaret Long seconded. Dunn would like to fund more than last year and wanted to keep them at least at the same level as last year. Long said the advocates are the one stable adult for the children which is why this is important. Sara Maranowicz said this topic is in the newspaper recently and the need is severe and asked for an increase to $15,000. Steve Backsen said he would like to increase to $14,000 as this is a very vulnerable population. 13.1 Packet Pg. 162 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 12 Maranowicz made a friendly amendment to fund at $15,000 which was rejected. Taylor Dunn asked to increase his original motion to $13,500. Margaret Long seconded Dunn’s amendment. The motion to fund PS-5 at $13,500 passed 6-1. PS-6 CASA Program: Harmony House Supervised Visitation Center - $31,046 requested Holly Carroll made a motion to fund PS-6 at $15,000. Margaret Long seconded. Carroll said this is a very important program that allows the child to have visits with parents in a safe environment and would help case management funding too. Long replied with ditto. Serena Robb mentioned her concerns that many of the organizations that used to use the Harmony House are now providing their own supervised visits which led to closing of the Loveland location. Steve Backsen asked if the organization’s numbers served had decreased to which Sharon Thomas answered no, they didn’t. Margaret Long mentioned the organization is seeing an increase in need. Backsen said he would like to increase their funding. Annette Zacharias said she would increase funding to this organization also. Taylor Dunn also agreed with increasing funding however could not make it work. The motion to fund PS-6 at $15,000 passed unanimously. PS-8 Catholic Charities: The Mission Shelter - $70,000 requested Margaret Long made a motion to fund PS-8 at $30,000. Steve Backsen seconded. Long said this is a very valuable service and wants to keep funding same as last year. Backsen did not have anything to add. Annette Zacharias mentioned this would keep funding stable. Taylor Dunn reminded the Commission that this organization may be able to receive more funding when the amount of federal money is known. The motion to fund PS-8 at $30,000 passed unanimously. PS-9 ChildSafe Colorado: Child Sexual Abuse Treatment Program - $40,000 requested Steve Backsen made a motion to fund PS-9 at $37,000. Taylor Dunn seconded. Backsen said this is a vulnerable population. Dunn seconded for discussion. Holly Carroll said she is very supportive of this organization too and this would be 93% of their request. 13.1 Packet Pg. 163 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 13 The motion to fund PS-9 at $37,000 passed 6-0 with Taylor Dunn abstaining. PS-34 The Family Center/La Familia: Childcare Scholarships Program - $50,000 requested Annette Zacharias made a motion to fund PS-34 at $40,000. Holly Carroll seconded. Zacharias mentioned this is the same amount of funding as last year and there is a huge need. The waiting list is very long. Carroll agreed and said this is a great program. The motion to fund PS-34 at $40,000 passed unanimously. PS-39 Volunteers of America: Home Delivered Meal Service - $38,500 requested Taylor Dunn made a motion to fund PS-39 at $31,000. Annette Zacharias seconded. Dunn said this is an organization that is serving a needy population and doing a great job. Zacharias mentioned that this program goes beyond just food as they mentioned in their presentation. The home delivered meals also reduce isolation and loneliness. Steve Backsen said that increasing the amount would be appropriate as they even help seniors stay in their homes. Long mentioned this organization also lost funding from United Way. Holly Carroll made a friendly amendment to increase funding to $33,000. Dunn accepted the amendment. The amended motion to fund PS-39 at $33,000 passed unanimously. PS-30 Teaching Tree Early Childhood Learning Center: Childcare Scholarships - $60,000 requested Holly Carroll made a motion to fund PS-30 at $49,000. Margaret Long seconded. Carroll said this is a little more than last year and these scholarships are needed for these children. Long replied with ditto. Steve Backsen said he would like to increase funding to $51,000. The motion to fund PS-30 at $49,000 passed unanimously. 13.1 Packet Pg. 164 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 14 PS-29 Summit Stone Health Partners: Essential Mental Health Services at the Murphy Center - $27,200 requested Taylor Dunn made a motion to fund PS-29 at $18,000. Margaret Long seconded. Dunn said the need is there at the Murphy Center and the Center is being run well which is generating more need. Long had nothing to add. The motion to fund PS-29 at $18,000 passed unanimously. PS-28 Summit Stone Health Partners: Community Behavioral Health Treatment Program - $27,200 requested Margaret Long made a motion to fund PS-28 at $25,000. Annette Zacharias seconded. Long said this is a critical program and cost effective. Zacharias agreed and said the organization is doing a great job with this population. The motion to fund PS-28 at $25,000 passed unanimously. PS-36 The Matthews House: Empowering Youth Program - $35,000 requested Taylor Dunn made a motion to fund PS-36 at $19,000. Annette Zacharias seconded. Dunn said this organization has solid standing in the community and did not want to cut funding only shave a little off to make up for funding the rent assistance program. Zacharias said they are doing a great job at fundraising and would have given them $20,000. The motion to fund PS-36 at $19,000 passed unanimously. PS-27 SAVA Center: Sexual Assault Victim Services - $50,000 requested Holly Carroll made a motion to fund PS-27 at $25,459. Steve Backsen seconded. Carroll said this would fund their top two priorities and they are doing great work. Backsen had nothing to add. Annette Zacharias mentioned the great work the organization is doing and how much they have grown and felt they should receive more funding. Taylor Dunn mentioned they did a great job writing their request. The motion to fund PS-27 at $25,459 passed unanimously. 13.1 Packet Pg. 165 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 15 PS-16 Health District of Northern Larimer County: Dental Connections - $36,500 requested Holly Carroll made a motion to fund PS-16 at $15,000. Taylor Dunn seconded. Carroll said this is for their Care Coordinator and is less than asked for last year. Dunn talked about last year and this organization’s request to fund two positions which they later requested to make changes to fund only one. Annette Zacharias asked if their numbers decreased but no one had an answer. Zacharias said this position is serving a population that does not have access to dental care elsewhere and we should not cut their funding. Sara Maranowicz queried if the Health District could make up the rest of the funding. Margaret Long mentioned that the organization no longer has outside funding because that was startup money for a five year pilot which has ended. Steve Backsen said this is the third year in a row that we have cut back on their funding. Carroll amended her motion to fund PS-16 at $18,500. Backsen seconded. Carroll said dental care is very important and often neglected. Backsen agreed and said that dental issues can lead to other health problems and that this organization serves low income adults. Zacharias said that the providers often give their services for little cost. Maranowicz was unclear why the Health District could not provide more funding. Serena Robb mentioned that the organization would cut services if they do not receive our funding. The motion to fund PS-16 at $18,500 passed 5-2. PS-25 RVNA Colorado Visiting Nurse Association: In Home Support Services – Keeping Older Adults Independent in Their Home - $35,000 requested Taylor Dunn made a motion to fund PS-25 at $20,000. Holly Carroll seconded. Dunn said he has concerns regarding this program and wished Anita Basham was present to speak about her concerns. Carroll said she thinks Basham was concerned with the little amount of money that was going to the nurses. Margaret Long said that the request is not for skilled care workers and the Office on Aging helps with that funding. Long said the Office on Aging does not fund individuals under age 60. Annette Zacharias asked about Medicaid and Medicare funding. Long said that those programs do fund some things but it is age based. Annette Zacharias has concerns about their business model and their billing processes. Steve Backsen was impressed with the merger and mentioned that they serve a vulnerable population. Backsen said keeping people in their 13.1 Packet Pg. 166 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 16 homes is a great investment. Dunn is concerned about the population and who is utilizing the funds. Taylor Dunn rescinded this motion after much discussion. PS-37 Turning Point Center for Youth and Family Development: Crisis Intervention Services - $30,000 requested Annette Zacharias made a motion to fund PS-37 at $12,500. Margaret Long seconded. Zacharias said there is very little inpatient services and this organization is doing a great job with teens. Long replied with ditto. Steve Backsen said that holding at the same as last year might be a cut since the increase in need. Long agreed the need is up. The motion to fund PS-37 at $12,500 passed unanimously. PS-11 Crossroads Safehouse: Advocacy Project - $118,727 requested Serena Robb made a motion to discuss PS-11. Annette Zacharias seconded. Robb said this is a large request and there are many concerns regarding the organization. Zacharias said she understands the need, however their request is $80,000 more than they received last year. Holly Carroll questioned some things that should not have been in the request, like utilities. Steve Backsen said this is an important service but we cannot provide their full request. Taylor Dunn said he echoed the concerns about asking for more money and believes that this is a critical service. However, the City needs to make sure they are funding a program that is doing a good job. Dunn mentioned that asking for that much money from the City puts the Commissioners in a hard place. Dunn said that we need to fund organizations that are healthy and well run and the City was not made aware of the problems the organization was having. Heidi Phelps said that this organization does quarterly reporting and although it is a stipulation of receiving federal funding, they have not reported any problems to her as the Administrator. Phelps made some clarification on funding conditions around certain money. Zacharias said she is concerned about the organizations communication with funders. Serena Robb is concerned with the organization asking for funding from other areas in the City and is concerned that they are not reaching out for help. Robb said we need indication that this will not be an ongoing problem. Sara Maranowicz said the organization is reaching out and she would abstain from this vote. Backsen said it seems they are struggling to rally the community which concerns him. Dunn said he would like to see them 13.1 Packet Pg. 167 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 17 collaborate with other organizations better which does not appear to be something they are willing to consider. Carroll made a motion to fund PS-11 at $40,634 to fund their first priority. Steve Backsen seconded. Carroll said they have to have better communication with administrators that addresses their managerial issues. A suggestion was made to have Crossroads respond to questions by the Commission in a report. Sharon Thomas asked to clarify what it means to provide good communication and what happens if the report they file does not please the Commission. Maranowicz asked for specifics regarding what the Commission is looking for. Robb asked how we make sure we get the information we want. We may get the same reports from them we are already receiving which do not indicate any problems. Maranowicz said to name the areas we want them to address and give a timeline and give them the context that you are looking at. Zacharias is concerned that Council may overrule this Commission since this organization is asking for another $100,000 to $150,000 from the City. Dunn made an amendment to fund PS -11 at $40,634 contingent on a report to the Commission prior to releasing funds. The report would need to address Board Governance, finances, and leadership. Holly Carroll accepted the amendment. A team of Commissioners will meet to create the requirements in a memo for this report by the end of April. The motion to fund PS-11 at $40,634 passed 6-0 with Sara Maranowicz abstaining. Chair Taylor Dunn asked for a short five minute break. Upon returning Janet Freeman showed the Commissioners what the reports for Crossroads Safehouse look like and Sharon Thomas provided clarification on the questions regarding RVNA. Thomas said RVNA has been moving towards homecare rather than skilled nursing. PS-38 Voices Carry Child Advocacy Center: Victim Services - $25,000 requested Serena Robb made a motion to fund PS-38 at $22,000. Annette Zacharias seconded. Robb said this organization is doing amazingly well and she would give more. Zacharias agreed. Holly Carroll said this would fund their first priority. Steve Backsen mentioned that this organization cannot accept money from their clients. 13.1 Packet Pg. 168 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 18 The motion to fund PS-38 at $22,000 passed unanimously. PS-24 Project Self-Sufficiency: Healthy Families Program - $30,000 requested Steve Backsen made a motion to fund PS-24 at $8,000. Taylor Dunn seconded for discussion. Backsen said this agency is well run and doing a great job. Holly Carroll has concerns about funding a new program. Sara Maranowicz wondered if they could collaborate with other community partners to offer some of their services without creating a new program. Margaret Long said collaborating with others for this population can make it difficult to move forward. Annette Zacharias mentioned whether this is a needed position. The motion to fund PS-24 at $8,000 failed 1-6. PS-24 Project Self-Sufficiency: Healthy Families Program - $30,000 requested Annette Zacharias made a motion to fund PS-24, Cars for Families Program specifically, at $8,000. Steve Backsen seconded. Zacharias said this is a unique program and is necessary. Backsen agreed and mentioned this would fund direct service rather than a position. Taylor Dunn said he would like to roll this funding into the other grant rather than funding a new program. Serena Robb mentioned this might be a new position. The motion to fund PS-24 specifically Cars for Families Program at $8,000 failed 3-4. PS-25 RVNA Colorado Visiting Nurse Association: In Home Support Services – Keeping Older Adults Independent in Their Home - $35,000 requested Taylor Dunn made a motion to fund PS-25 at $20,000. Annette Zacharias seconded. Dunn would like to fully fund their second priority. Zacharias said they do serve a need in the community and although this is less money than last year this would allow them to continue to serve. Holly Carroll mentioned that their request is for homemaker care. The motion to fund PS-25 at $20,000 passed unanimously. PS-24 Project Self-Sufficiency: Healthy Families Program – revisited Margret Long made a motion to fund PS-24 at $0. Taylor Dunn seconded. Long said she would like to see them start the program and then come back later for funding and 13.1 Packet Pg. 169 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 19 there is not money for a new program. Dunn agreed and said he would like to see some results first. The motion to fund PS-24 at $0 passed 6-1. PS-32 The ARC of Larimer County: Neuropsychiatric Evaluations for I/DD Population - revisited Steve Backsen made a motion to fund PS-32 at $0. Margret Long seconded. Backsen said we do not have money to fund new programs right now. Long said this is a good program but would like to see them pilot the program and then come back. The motion to fund PS-32 at $0 passed 5-2. PS -33 The Center for Family Outreach: Low-Income Scholarship Program - $20,000 requested Taylor Dunn made a motion to fund PS-33 at $8,000. Holly Carroll seconded. Dunn said this would keep funding stable keeping them at the same as last year. Carroll agreed. Annette Zacharias said she has concerns about their stability as well as their area of service. Serena Robb mentioned that their numbers served are low. Sharon Thomas said the organization said the reason for low numbers is that they are fulfilling another grant right now and their numbers will go up in the summer. Robb mentioned the organization said the reason behind their problems was due to the health of their Executive Director which is concerning. Thomas also mentioned that the organization is looking for a new location as they have been asked to leave by the end of this year. The motion to fund PS-33 at $8,000 failed 0-7. PS-1 Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education – revisited Taylor Dunn made a motion to fund PS-1 at $5,000. Margaret Long seconded. Dunn said suicide prevention is important and their request is reasonable. Long replied with ditto. Steve Backsen mentioned how important the discussions around suicide are as well as the printed material. Serena Robb asked why we started funding this type of program. Heidi Phelps discussed the reasons behind funding this program. Phelps mentioned that this organization had built a lot of bridges in the school and the Commission began 13.1 Packet Pg. 170 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 20 funding them five or six years ago. Dunn mentioned that this topic is hard to fundraise. Backsen mentioned the number of students reached is impactful. The motion to fund PS-1 at $5,000 passes unanimously. PS-12 Disabled Resource Services: Access to Independence - $31,116 revisited Annette Zacharias made a motion to fund PS-12 at $30,000. Margret Long seconded. Zacharias said there is still a gap to be filled for this population. Long agreed. The motion to fund PS-12 at $30,000 passed unanimously. PS -33 The Center for Family Outreach: Low-Income Scholarship Program – revisited Annette Zacharias made a motion to fund PS-33 at $0. Margret Long seconded. Zacharias said the organization needs to look at how they are doing things and make some changes to their program. Long agreed. The motion to fund PS-33 at $0 passed 4-3. Chair Taylor Dunn asked to take a quick break to allow staff time to make sure the matrix is correct. PS-26 Respite Care: Childcare Scholarships – revisited Taylor Dunn made a motion to increase funding for PS-26 to $31,000. Margret Long seconded. Dunn said this is a good program and they are doing good work. Long replied with ditto. The motion to increase funding of PS-26 to $31,000 passed unanimously. PS-2 B.A.S.E. Camp: Childcare Scholarships – revisited Holly Carroll made a motion to increase funding for PS-2 to $50,000. Steve Backsen seconded. Carroll said we need to fund childcare scholarships. Backsen agreed and mentioned keeping funding levels. The motion to increase funding of PS-2 to $50,000 passed unanimously. 13.1 Packet Pg. 171 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 21 PS -13 Elderhaus Adult Day Program: Community Based Therapeutic Care – revisted Annette Zacharias made a motion to increase funding for PS-13 to $39,976. Margret Long seconded. Zacharias said this program has expanded. Long replied with ditto. The motion to increase funding for PS-13 to $39,976 passed unanimously. PS-39 Volunteers of America: Home Delivered Meal Service – revisited Serena Robb made a motion to increase funding of PS-39 to $39,000. Margret Long seconded. Robb said this is a good place to allocate the extra funds. Long agreed. The motion to increase funding for PS-39 to $39,000 passed unanimously. The funds have all been allocated and the budget balanced. Chair Taylor Dunn asked the Commission to do one more review. Upon no further comments he asked for a motion to approve the funding matrix as shown. Steve Backsen made a motion to accept the matrix seconded by Holly Carroll. The motion to adopt the funding matrix as shown passed unanimously. Taylor Dunn asked the Commission to create a plan for how to allocate the funding once the actual federal funding amounts are known. What to do with any extra funding that may come in and how to decrease funding if we do not get more funds. Margret Long made a motion to give extra funds to childcare programs for scholarships. Taylor Dunn seconded for discussion. Sharon Thomas asked the Commission to distinguish which childcare organizations to fund. After much discussion the Commission suggested Teaching Tree, Respite Care, Family Center/La Familia, B.A.S.E. Camp, and Alliance for Suicide Prevention, Elderhaus, RVNA, VOA, and Homeless Gear. Taylor Dunn made an amendment to give an equal percent of the additional funding to the agencies that are not fully funded. Annette Zacharias seconded. Margret Long accepted the amendment. The motion to allocate any additional funding to those recommended for funding, but not full funding, by equal percentage passed unanimously. 13.1 Packet Pg. 172 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) 22 Taylor Dunn made a motion to decrease funding by equal percentage for all agencies funded if the additional funding does not come through. Holly Carroll seconded. The motion to decrease funding by equal percentage for all agencies funded if the additional funding does not come in passed unanimously. Chair Taylor Dunn thanked everyone for their hard work and declared the meeting adjourned at 11:11 pm. 13.1 Packet Pg. 173 Attachment: CDBG Funding Deliberations (5809 : 2017 Spring Competitive Process Additional Allocations) -1- RESOLUTION 2017-075 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2017-042 AND APPROVING REVISED ALLOCATIONS TO THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE CITY’S AFFORDABLE HOUSING FUND, AND THE CITY’S HUMAN SERVICES PROGRAM WHEREAS, the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships (HOME) Program are ongoing grant administration programs funded by the Department of Housing and Urban Development (HUD); and WHEREAS, the City has received CDBG Program funds since 1975 and HOME program funds since 1994; and WHEREAS, the City Council has budgeted General Fund and Keep Fort Collins Great (KFCG) dollars in the Affordable Housing Fund (AHF) and the Human Services Program (HSP) for use in assisting affordable housing programs and projects and community development activities; and WHEREAS, on January 18, 2000, the City Council approved Resolution 2000-013, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs and projects and community development activities; and WHEREAS, on January 20, 2015, the City Council approved Resolution 2015-009, adopting a revised competitive process that changed from two annual funding cycles, in the spring and fall, to one funding cycle in the spring, with the fall funding cycle being optional and used only when funds are available that were not allocated in the spring or were returned to the City; and WHEREAS, the CDBG Commission (“Commission”) reviewed 45 applications for the 2017 funding cycle, listened to presentations by the applicants, and asked clarifying questions. WHEREAS, on April 13, 2017, the Commission met for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded with FY2017 CDBG, HOME, HSP and AHF funds as well as CDBG Reconciled Funds, and FY2016 HOME Program Income and Uncommitted Funds; and WHEREAS, at the time of the Commission’s funding deliberations the City had not yet received the final 2017 budget allocations from HUD and so, in anticipation of possible federal budget cuts, the Commission estimated HUD funding at 75% of the prior year’s amount; and WHEREAS, the Commission’s recommendations also did not include potential City funding that had not yet been re-appropriated to AHF or HSP; and Packet Pg. 174 -2- WHEREAS, the Commission provided guidance that if increased funding became available it would be distributed proportionately to those applicants who were recommended for funding, with no applicant receiving more than 100% of its requested amount; and WHEREAS, as required by HUD regulations, a 30-day comment period began on April 17, 2017, and ended on May 16, 2017, and no comments were received; and WHEREAS, on May 16, 2017, the City Council approved Resolution 2017-042, authorizing funding allocations as described in the Resolution; and WHEREAS, since that time HUD released the final 2017 entitlement allocations for CDBG and HOME, and additional AHF dollars became available through re-appropriation, for a total funding increase of $498,028 for the Spring Competitive Process; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission including its guidance on the distribution of additional funding, and has determined that Resolution 2017-042 should be rescinded and the City’s 2017 allocation made as set out in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Resolution 2017-042 is hereby rescinded as of this date. Section 3. That City staff is hereby authorized to submit an application to HUD based on the following recommended funding allocations: Planning and Administration Category Applicant Project/Program Estimated Funding Final Funding Increase over May 2017 City of Fort Collins: CDBG Administration/Planning $142,483 $193,147 $50,664 City of Fort Collins: HOME Administration/Planning $59,993 $81,464 $21,471 Administration/Planning Total $202,476 $274,611 $72,135 Housing & Public Facility Category (unchanged from May 2017) Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded DMA Plaza: Rehabilitation $1,000,000 $1,000,000 $0 100% Habitat for Humanity: Harmony Cottages $400,000 $400,000 $0 100% Packet Pg. 175 -3- Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Hendricks Communities: Northern Hotel $425,000 $425,000 $0 100% Housing Catalyst: Village on Horsetooth $1,125,000 $1,125,000 $0 100% Neighbor to Neighbor: Clearwater Roof and Sealing Exterior $24,000 $24,000 $0 100% United Way of Larimer County: Pine Street Facility Roof Replacement & Masonry Repair $57,665 $0 $57,665 0% Housing & Public Facility Total $3,031,665 $2,974,000 $57,665 Public Service Category Applicant Project/Program Funding Request Commission’s Original Recommended Funding Revised Funding Percent of Request Funded Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education $10,000 $5,000 $5,259 53% B.A.S.E. Camp: Childcare Scholarships $70,000 $50,000 $52,592 75% Bike Fort Collins: Upshift-Supporting Opportunity Through Bikes $8,880 $0 $0 0% Boys & Girls Clubs of Larimer County: Great Futures Start Here $30,000 $22,000 $23,141 77% CASA Program: Court Appointed Special Advocates $31,429 $13,500 $14,200 45% CASA Program: Harmony House Supervised Visitation $31,046 $15,000 $15,778 51% Catholic Charities: Senior Services $35,000 $25,000 $26,296 75% Catholic Charities: The Mission -4- Applicant Project/Program Funding Request Commission’s Original Recommended Funding Revised Funding Percent of Request Funded Ensight Skills Center: Low Vision Training Program $30,733 $0 $0 0% Food Bank for Larimer County: Kids Café $33,000 $23,500 $24,718 75% Health District of Northern Larimer County: Dental Connections $36,500 $18,500 $19,459 53% Heart of the Rockies, Kids at Heart: Fundango $22,721 $0 $0 0% Homeless Gear: Murphy Center Programs $36,000 $30,000 $31,555 88% Homeless Gear: Homeless Gear Programs $35,000 $33,000 $34,711 99% Larimer County Partners: One to One Mentoring $15,000 $0 $0 0% Neighbor to Neighbor: Homelessness Prevention & 1st Month’s Rent $80,000 $80,000 $80,000 100% Neighbor to Neighbor: Housing Counseling $60,000 $32,500 $34,185 57% Project Self-Sufficiency: Creating Pathways to Self-Sufficiency $30,000 $30,000 $30,000 100% Project Self-Sufficiency: Healthy Families Program $30,000 $0 $0 $0 RVNA/CO Visiting Nurse Association: In Home Support $35,000 $20,000 $21,037 60% Respite Care: Childcare Scholarships $35,000 $31,000 $32,607 93% SAVA Center: Sexual Assault Victim Services $50,000 $25,459 $26,779 54% SummitStone Health Partners: Community Behavioral Health Treatment Program $27,200 $25,000 $26,296 97% SummitStone Health Partners: Mental Health Services at the -5- Applicant Project/Program Funding Request Commission’s Original Recommended Funding Revised Funding Percent of Request Funded The Center for Family Outreach: Low-Income Scholarship Program $20,000 $0 $0 0% The Family Center/La Familia: Childcare Scholarship Program $50,000 $40,000 $42,074 84% The Growing Project: Community Food Production, Education and Distribution Program $25,000 $0 $0 0% The Matthews House: Empowering Youth Program $35,000 $19,000 $19,985 57% Turning Point Center for Youth and Family Development: Crisis Intervention Services $30,000 $12,500 $13,148 44% Voices Carry Child Advocacy Center: Victim Services $25,000 $22,000 $23,141 93% Volunteers of America: Home Delivered Meal Service $38,500 $34,000 $35,763 93% Public Service Total $1,457,602 $859,069 $897,075 62% Section 3. That, subject to the appropriation of funds by the City Council, the City Manager is hereby authorized to execute any agreements necessary to implement the funding allocations described herein on term and conditions consistent with this Resolution, along with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 178 -1- ORDINANCE NO. 109, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City has received unanticipated additional CDBG funding from HUD for 2017 in the amount of $253,378; and WHEREAS, Article V, Section 9, of the City Charter permits City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of all unanticipated CDBG program revenue as described herein will not result in total appropriations in excess of the current estimate of actual and anticipated revenues for fiscal year 2017. 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 unanticipated revenue, upon receipt thereof into the Community Development Block Grant Fund, the sum of TWO HUNDRED FIFTY-THREE THOUSAND THREE HUNDRED SEVENTY-EIGHT DOLLARS ($253,378), for approved Community Development Block Grant projects. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 179 -2- Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 180 -1- ORDINANCE NO. 110, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities that would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-042 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City has been notified by HUD that the City’s HOME Participating Jurisdiction Grant for the federal fiscal year 2017-2018 is $214,704 more than anticipated; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2017 fiscal year; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2017-2018 in the HOME Program Fund the sum of TWO HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED FOUR DOLLARS ($214,704), upon receipt from federal fiscal year 2017-2018 HOME Participating Jurisdiction Grant Funds. Packet Pg. 181 -2- Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 182 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Interstate Land Holdings Annexation to the City of Fort Collins. EXECUTIVE SUMMARY A. Resolution 2017-076 Setting Forth Findings of Fact and Determinations Regarding the Interstate Land Holdings Annexation. B. First Reading of Ordinance No. 111, 2017, Annexing the Property Known as the Interstate Land Holdings Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 12.139 acres in southeast Fort Collins. The property is situated on the northwest corner of the I-25 and Carpenter Road intersection. The Initiating Resolution was adopted on consent, July 5, 2017. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The Interstate Land Holdings Annexation includes two parcels, a parcel owned by Interstate Land Holdings, LLC, a parcel owned by the City of Fort Collins, and right-of-way owned by the Colorado Department of Transportation (CDOT). A portion of the CDOT frontage road in between the properties, as well as the portion of State Highway 392 to the south, is included in the annexation to provide a continuity of service for the City of Fort Collins. The requested zoning for this annexation includes the General Commercial (CG) District for the Interstate Land Holdings property and CDOT right-of-way, and the Public Open Lands (POL) District for the City-owned parcel. The requested zoning is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan Maps. The properties are bordered on the west by Fossil Creek Regional Open Space and Swede Lake, Interstate 25 to the east, Carpenter Road to the south, and commercial properties to the north. The I-25 Frontage Road divides the properties. The property is currently zoned T-Tourist in Larimer County. The Interstate Land Holdings Annexation does not create an enclave. This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the Growth Management Area when the property is eligible for annexation according to State law. 14 Packet Pg. 183 Agenda Item 14 Item # 14 Page 2 The Interstate Land Holdings Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Fossil Creek Reservoir and the Fossil Creek Reservoir Open Space Annexation (Ordinance No. 054, 2008) and the Fossil Creek 392 Annexation (Ordinance No.139, 2009). The minimum contiguous boundary is 807.09 feet, based the total perimeter boundary of 4847.41 feet. The proposed annexation includes a contiguous boundary of 1042.18 feet, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION This item was on the consent agenda and unanimously passed by the Planning and Zoning Board on July 20, 2017. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. The proposed annexation does not include a development application, and a neighborhood meeting was not held. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 14 Packet Pg. 184 ¦¨§25 ¦¨§25 Sw Frontage Rd Westgate Dr Se Frontage Rd B a y s i d e Dr E agle Ran c h R d Hathaw a y Ln Eagle Ln G ol d e n Eag l e Rd N Hat h a w a y L n S H a tha w a y L n Bald Eagle Ln Interstate 25 S County Road 5 State Highway 392 Interstate 25 Legend GMA City Limits - Area Water Symbols Fossil Creek Reservoir Annexation Area ± Interstate Structure Land Holdings Plan Map Annexation Legend GMA Structure Plan Land Use Downtown District Community Commercial District Commercial Corridor District Neighborhood Commercial District Employment District Industrial District Campus District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Foothills Community Separator Open Lands, Parks and Stream Corridors Poudre River Adjacent Planning Areas Interstate 25 State Highway 392 S County Road 5 Annexation Area ATTACHMENT 2 14.2 Packet Pg. 186 Attachment: Structure Plan Map (5813 : Interstate Land Holdings Annexation) POL CG ¦¨§25 ¦¨§25 Sw Frontage Rd Westgate Dr Se Frontage Rd B a y s i d e Dr E agle Ran c h R d Hathaw a y Ln Eagle Ln G ol d e n Eag l e Rd N Hat h a w a y L n S H a tha w a y L n Bald Eagle Ln Interstate 25 S County Road 5 State Highway 392 Interstate 25 Legend GMA -1- RESOLUTION 2017-076 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE INTERSTATE LAND HOLDINGS ANNEXATION WHEREAS, pursuant to Resolution 2017-059, annexation proceedings were initiated by the City Council for property to be known as the Interstate Land Holdings Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on August 15, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 188 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 189 -1- ORDINANCE NO. 111, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE INTERSTATE LAND HOLDINGS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-059, finding substantial compliance and initiating annexation proceedings for the Interstate Land Holdings Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2017-076 setting forth findings of fact and determinations regarding the Interstate Land Holdings Annexation is being adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Interstate Land Holdings Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2017-059 and Resolution 2017-076 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property more particularly described as: A tract of land located in the Southwest Quarter of Section 15 and the Northwest Quarter of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 15 as bearing North 89°41'04" East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along said South line of the Southwest Quarter, North 89º41’04” East, 1274.77 feet to the POINT OF BEGINNING; thence continuing along said South line, North 89°41'04" East, 50.73 feet; thence departing said line, North 00°22'04" East, 60.14 feet to the Southwest corner of Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along the West line of said Lot 3 the following four (4) courses and distances, North 00º22'04" East, 215.86 feet; thence, North 61º20’04” East, 175.91 feet; thence, South 89º57’15” East, 69.25 feet; thence, South 00º02’43” West, 260.43 feet to a point on the Westerly line of that tract of land recorded at Reception No. 20110022909 Larimer county Clerk Packet Pg. 190 -2- and Recorder; thence along said line the following twelve (12) courses and distances, North 51º22’34” East, 172.07 feet; thence, North 02º32’12” East, 59.46 feet; thence along a curve concave to the Southeast having a central angle of 56º26’03”, an arc length of 369.36 feet with a radius of 375.00 feet, and the chord of which bears North 30º45’13” East, 354.61 feet; thence, North 58º58’13” East, 393.41 feet; thence along a curve concave to the Northwest having a central angle of 41º07’03”, an arc length of 107.65 feet with a radius of 150.00 feet, and the chord of which bears North 38º24’43” East, 105.35 feet; thence, North 17º51’13” East, 66.70 feet; thence South 72º08’47” East, 24.97 feet; thence, North 17º51’25” East, 203.42 feet; thence, North 06º32’54” East, 216.12 feet; thence, South 83º27’06” East, 55.00 feet; thence, South 04º33’24” West, 216.25 feet; thence, South 13º20’35” West, 514.74 feet to the Northeast corner of Lot 2, Interstate Land Holdings Minor Land Division, File No. 12-S3124 ; thence along the easterly line of said Lot 2 the following three (3) courses and distances: South 08º25’22” West, 337.31 feet; thence, South 44º41’59” West, 118.86 feet; thence, South 83º50’53” West, 113.23 feet; thence departing said line, South 17º48’58” West, 13.05 feet; thence, South 33º15’59” West, 90.10 feet; thence, South 00º52’47” East, 156.17 feet to the North line of that tract of land recorded in Reception No.20110064864 Larimer County Records; thence along said line and along the North line of that tract of land recorded in Reception No. 20090035759, South 89º33’34” West, 450.02 feet; thence, North 81º20’56” West. 303.80 feet; thence, North 00º20’00” East, 33.42 feet to the Point of Beginning. The above described tracts of land contain 530,958 square feet or 12.189 acres, more or less and is subject to all easements and rights-of-way now on record or existing is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Interstate Land Holdings Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Packet Pg. 191 -3- Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 192 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 112, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in Interstate Land Holdings Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the properties included in the Interstate Land Holdings annexation into the General Commercial (CG) and Public Open Lands (POL) zone districts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is General Commercial (CG) zone district for Lot 2 and right-of-way, and Public Open Lands (POL) zone district for the City-owned Lot 3, which is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North County C - Commercial Existing Trucking and RV Sales East CDOT - None Frontage Rd. /I-25 South FC CG - General Commercial Vacant West FC POL - Public Open Lands Fossil Creek Reservoir Regional Park Fossil Creek Reservoir Area Plan The parcels are located within the Fossil Creek Reservoir Area Plan, a joint plan between the City of Fort Collins and Larimer County and adopted in 1998. The planning area covers 5,062 acres of the southeast region of Fort Collins within the GMA. The objectives of the Plan are to: 15 Packet Pg. 193 Agenda Item 15 Item # 15 Page 2 1. Build a self-supporting group of neighborhoods with a full complement of parks, schools and community facilities linked by open space systems and consistent with the County’s Master Plan and Fort Collins’ City Plan, Principles and Policies. 2. Provide for protection of sensitive wildlife habitat around the Reservoir as well as provide standards for such habitat conservation. 3. Provide neighborhood centers as a focal point for neighborhood activity. Provide a Neighborhood Commercial Center to serve surrounding neighborhoods including a grocery store or supermarket and other neighborhood oriented retail services. 4. Link the area to other districts and neighborhoods, encourage walking and bicycling, and accommodate transit service to the Neighborhood Commercial Center and other neighborhood centers. 5. Complement, but not compete with, development in the Harmony Corridor. 6. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan. 7. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. Zoning The proposed zoning for the subject annexation includes two zone districts: CG and POL. For Lot 2 and the Right-of-Way, the requested zoning is General Commercial (CG) zone district. The purpose of the General Commercial District is intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses, offices and personal and business services. This annexation area is in the Corridor Activity Center zoning overlay, which limits the permitted list of land uses and includes specific design standards for the I-25/Carpenter Road gateway area. The proposed zoning for the City-owned parcel (Lot 3) is Public Open Lands (POL). This parcel is adjacent to existing wetlands and the Fossil Creek Regional Park. The purpose of the POL District is for large publicly-owned parks and open lands which have a communitywide emphasis or other characteristics which warrant inclusion under this separate designation. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation and zoning. BOARD / COMMISSION RECOMMENDATION This item was on the consent agenda and unanimously passed by the Planning and Zoning Board by a 6-0 vote (Carpenter absent) on July 20, 2017. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. The proposed annexation does not include a development application, and a neighborhood meeting was not held. ATTACHMENTS 1. Structure Plan Map (PDF) 2. Zoning Map (PDF) 15 Packet Pg. 194 Fossil Creek Reservoir Annexation Area ± Interstate Structure Land Holdings Plan Map Annexation Legend GMA Structure Plan Land Use Downtown District Community Commercial District Commercial Corridor District Neighborhood Commercial District Employment District Industrial District Campus District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Foothills Community Separator Open Lands, Parks and Stream Corridors Poudre River Adjacent Planning Areas Interstate 25 State Highway 392 S County Road 5 Annexation Area ATTACHMENT 1 15.1 Packet Pg. 195 Attachment: Structure Plan Map (5816 : Interstate Land Holdings Zoning) POL CG ¦¨§25 ¦¨§25 Sw Frontage Rd Westgate Dr Se Frontage Rd B a y s i d e Dr E agle Ran c h R d Hathaw a y Ln Eagle Ln G ol d e n Eag l e Rd N Hat h a w a y L n S H a tha w a y L n Bald Eagle Ln Interstate 25 S County Road 5 State Highway 392 Interstate 25 Legend GMA -1- ORDINANCE NO. 112, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE INTERSTATE LAND HOLDINGS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO AND APPROVING CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on July 20, 2017, unanimously recommended zoning the property to be known as the Interstate Land Holdings Annexation (the “Property”) as General Commercial and Public Open Lands as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including Property; and WHEREAS, the City Council has determined that the proposed zoning of the Property is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the General Commercial (“G-C”) Zone District as more particularly described as: Packet Pg. 197 -2- A tract of land located in the Southwest Quarter of Section 15 and the Northwest Quarter of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 15 as bearing North 89°41'04" East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along said South line of the Southwest Quarter, North 89º41’04” East, 1274.77 feet to the POINT OF BEGINNING; thence continuing along said South line, North 89°41'04" East, 50.73 feet; thence departing said line, North 00°22'04" East, 60.14 feet to the Southwest corner of Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along the South line of said Lot 3 the following two (2) courses and distances; North 86º04’04” East, 191.95 feet; thence, North 51º22’34” East, 42.60 feet to a point on the Westerly line of that tract of land recorded at Reception No. 20110022909 Larimer County Clerk and Recorder; thence along said line the following twelve(12) courses and distances, North 51º22’34” East, 172.07 feet; thence, North 02º32’12” East,59.46 feet; thence along a curve concave to the Southeast having a central angle of 56º26’03”, an arc length of 369.36 feet with a radius of 375.00 feet, and the chord of which bears North 30º45’13” East, 354.61 feet; thence, North 58º58’13” East, 393.41 feet; thence along a curve concave to the Northwest having a central angle of 41º07’03”, an arc length of 107.65 feet with a radius of 150.00 feet, and the chord of which bears North 38º24’43” East, 105.35 feet; thence, North 17º51’13” East, 66.70 feet; thence South 72º08’47” East, 24.97 feet; thence, North 17º51’25” East, 203.42 feet; thence, North 06º32’54” East, 216.12 feet; thence, South 83º27’06” East, 55.00 feet; thence, South 04º33’24” West, 216.25 feet; thence, South 13º20’35” West,514.74 feet to the Northeast corner of Lot 2, Interstate Land Holdings Minor Land Division, File No. 12-S3124 ; thence along the easterly line of said Lot 2 the following three (3) courses and distances: South 08º25’22” West, 337.31 feet; thence, South 44º41’59” West, 118.86 feet; thence, South 83º50’53” West, 113.22 feet; thence departing said line, South 17º51’29” West,13.05 feet; thence, South 33º15’59” West, 90.10 feet; thence, South 00º52’47” East, 156.17 feet to the North line of that tract of land recorded in Reception No.20110064864 Larimer County Records; thence along said line and along the North line of that tract of land recorded in Reception No. 20090035759, South 89º33’34” West, 450.02 feet; thence, North 81º20’56” West 303.80 feet; thence, North 00º20’00” East, 33.42 feet to the Point of Beginning. The above described tracts of land contain 472,365 square feet or 10.844 acres, more or less. Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Public Open Lands (“P-O-L”) Zone District as more particularly described as: Packet Pg. 198 -3- A tract of land located in the Southwest Quarter of Section 15, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 15 as bearing North 89°41'04" East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along said South line of the Southwest Quarter, North 89º41’04” East, 1274.77 feet; thence continuing along said South line, North 89°41'04" East, 50.73 feet; thence departing said line, North 00°22'04" East, 60.14 feet to the Southwest corner of Lot 3, Interstate Land Holdings Minor Land Division, File No. 12- S3124, said point also being the POINT OF BEGINNING; thence along the Boundary of said Lot 3 the following six (6) courses and distances, North 00º22'04" East, 215.86 feet; thence, North 61º20’04” East, 175.91 feet; thence, South 89º57’15” East, 69.25 feet; thence, South 00º02’43” West, 260.43 feet; thence, South 51º22’34” West, 42.60 feet; thence, South 86º04’04” West, 191.95 feet to the POINT OF BEGINNING. The above described tracts of land contain 58,593 square feet or 1.345 acres, more or less. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is not included in the Residential Neighborhood Sign District. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 199 -4- Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 200 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council This item has been withdrawn and moved to September 5, 2017 STAFF Vincent Kitch, Cultural Services and Facilities Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 113, 2017, Amending Section 2-203 of the Code of the City of Fort Collins Relating to the Functions of the Cultural Resources Board. EXECUTIVE SUMMARY The purpose of this item is to update how the functions of the Cultural Resources Board (CuRB) are described to better reflect the actual scale and responsibilities of the Cultural Services Department. The current City Code language is outdated. It references advising the Museum director, and matters pertaining to the operations of the Lincoln Center. The Cultural Services Director, staff liaison to the CuRB, is responsible for directing the Lincoln Center, Museum of Discovery, Gardens on Spring Creek, Carnegie Creative Center, and Art in Public Places program. The proposed new language more accurately reflects the entire scope of functions currently performed by the Cultural Services Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Cultural Resources Board was established in 1986 and serves as an advisory body to City Council and staff. Its primary functions have previously been described as “to advise City Council on issues relating to the Lincoln Center and the Fort Collins Museum” . . . and “review[s] applications and make[s] recommendations for funding from the City of Fort Collins Cultural Development and Programming Account and Tourism Programming Account (Fort Fund)”. On June 10, 2017, the Cultural Resources Board held its annual retreat. As part of its planning activities, CuRB reviewed its mission, vision, bylaws and governing ordinance. As a result of this discussion, the Chair of the CuRB issued a memo and specific recommendations (Attachment 1) to the Mayor and City Council requesting updates to the City Code to better reflect the scale and responsibilities of the Cultural Services Department and framing the need for subsequent amendments to CuRB bylaws. The current language in the Code specifically references the Lincoln Center and Museum of Discovery but does not include the Gardens at Spring Creek and Carnegie Center for Creativity. Broadening the language would better reflect the department, cover all the major facilities, Fort Fund, and include ongoing programs and activities such as the Arts and Culture Master Plan process. Agenda Item 16 Item # 16 Page 2 BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board recommends approval of the City Code amendments to more accurately represent the board’s scope of duties and functions relating to the activities of the Cultural Services Department. ATTACHMENTS 1. CuRB memo, June 12, 2017 (PDF) 2. Retreat minutes, June 10, 2017 (PDF) ATTACHMENT 1 16.1 Packet Pg. 203 Attachment: CuRB memo, June 12, 2017 (5768 : CuRB Functions) 16.1 Packet Pg. 204 Attachment: CuRB memo, June 12, 2017 (5768 : CuRB Functions) 16.1 Packet Pg. 205 Attachment: CuRB memo, June 12, 2017 (5768 : CuRB Functions) Cultural Resources Board Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.221-6735 970.221-6373 – fax . CULTURAL RESOURCES BOARD MINUTES Annual Retreat Meeting – Saturday, June 10, 2017 9:00 a.m. Museum of Discovery, 408 Mason Ct., Fort Collins, CO 80524 Council Liaison: Mayor Wade Troxell Staff Liaison: Cultural Services Director Vincent Kitch Email: vkitch@fcgov.com Chairperson: Steven Sorensen Email: ssorensen@bellisimoinc.com Vice-Chair: Will Flowers A special meeting of the Cultural Resources Board was held on Saturday, June 10, 2017 at 9:00 a.m. The following members were present: Board Members present: Steven Sorensen, Jane Folsom, Jesse Solomon, Tedi Cox, Vicki Fogel Mykles Board Members absent: Will Flowers, Gregg Adams Staff Members present: Vincent Kitch, Megan Kelley I. Call to Order: 9:05 a.m. – Chair, Steven Sorensen Cultural Services Director, Kitch provided an overview of the agenda and day’s activities. II. Retreat Action Items and Activities a. Board members shared their individual backgrounds and involvement with arts and culture in Fort Collins as well as their goals for outcomes from the retreat. b. Board members and staff reviewed Boards and Commissions roles and responsibilities recently presented by the Assistant City Attorney, Cyril Vidergar. c. Board members and staff reviewed current City of Fort Collins information on the Cultural Resources Board including: i. CRB Duties as defined on the City Clerk’s Website ii. City of Fort Collins Municipal Code sections related to CRB iii. Cultural Resources Board bylaws d. Ms.Cox made a motion to Amend the Cultural Resources Board bylaws with corrections and additions as discussed and authorize the Chair and Staff to request updates to the City Clerk’s website and City of Fort Collins Municipal Code to reflect the revisions and changes discussed at the retreat. Mr. Solomon seconded the motion. The motion passed unanimously. e. Cultural Services Director Kitch provided an overview of Arts and Cultural Master Planning and Board members discussed roles and opportunities associated with the upcoming Arts and Culture Master Plan, which is slated to begin Fall 2017. f. Board members and staff reviewed the 2008 Fort Collins Cultural Plan and discussed the overarching goals and recommendations. As a component of preparing for the 16.2 Packet Pg. 206 Attachment: Retreat minutes, June 10, 2017 (5768 : CuRB Functions) 2017-2018 Arts and Culture Master Plan, Cultural Services Director Kitch will develop a survey based from the recommendations in the 2008 Cultural Plan so Board members can provide an assessment of accomplishments and other developments as a result of the 2008 plan. This will help inform the 2017 planning. g. Cultural Services Director Kitch presented materials on Integrity Statements and policies used by nonprofit organizations. Board members discussed Integrity policies and board operations. Chair Sorensen, from a consensus of positive comments from the Board, declared the CRB will develop and finalize an official Integrity Statement to be included in the 2018 CRB work plan. This material will be discussed at an upcoming CRB meeting. h. A lunch break was taken from 12:05-12:40. i. Reconvening at 12:40 – Board members and staff reviewed the 2017 CRB work plan for accomplishments, alignment and potential updates to be incorporated into the 2018 work plan due in November. Key areas of focus for the CRB will be: i. Arts and Culture Master Plan ii. Updates and Revision of the Fort Fund Programs iii. Increased Awareness of Cultural Service Department and Fort Fund programs and activities. j. Board members and staff discussed a number of key issues related to the Fort Fund programs and the need to conduct an overall review and revision of the programs. Chair Sorensen appointed members Mr. Flowers and Ms. Fogel Mykles to work as a subcommittee on the review and revision of the Fort Fund programs with Cultural Services Director Kitch. Mr. Kitch has already reached out to Fort Fund recipients to solicit their ideas and recommendations and Board members agreed to send their comments, suggestions and recommendations to him to help inform the work of the subcommittee. Mr. Kitch will convene the subcommittee and begin work on the programs in June. Plans to inform the board and community on revisions and updates will be developed in the coming months. k. Board members and staff discussed a number of key issues related to overall marketing and cultural tourism in Fort Collins. Larger systemic marketing and outreach strategies will be pursued in conjunction with the community as part of the Arts and Culture Master Plan process. Board members and staff will work together to identify some immediate strategies to raise public awareness of Cultural Service Department and Fort Fund programs, activities and services. Staff and board will work together to strengthen current relationships, utilize city resources more in the areas of marketing and promotion, and work with Fort Fund recipients to broaden their efforts as well. VII. Adjournment: 2:40p.m. Respectfully submitted, Megan Kelley Administrative Clerk II 16.2 Packet Pg. 207 Attachment: Retreat minutes, June 10, 2017 (5768 : CuRB Functions) -1- ORDINANCE NO. 113, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-203 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE FUNCTIONS OF THE CULTURAL RESOURCES BOARD WHEREAS, pursuant to Ordinance No. 158, 1986, the Cultural Resources Board (“Board”) was established and serves as an advisory body to the City Council and staff; and WHEREAS, over the course of time the Board has become aware of the potential community benefits of the Board’s efforts to assist in the development of opportunities for cooperation with other community organizations, groups, and individuals, in the promotion of awareness, understanding, and appreciation of cultural resources in Fort Collins; and WHEREAS, pursuant to Section 2-203 of the Code of the City of Fort Collins, the Cultural Resources Board’s primary functions have been previously described as “to advise City Council on issues relating to the Lincoln Center and the Fort Collins Museum” and “review(s) proposals for funding from the Cultural Development and Programming Account and the Tourism Programming Account (“Fort Fund”); and WHEREAS, during the Cultural Resources Board annual retreat on June 10, 2017, as part of its planning activities, the Cultural Resources Board reviewed its mission, vision, bylaws, and governing ordinance with the Chair of the Cultural Resources Board issuing a memo and specific recommendations to the Mayor and City Council, as shown on Exhibit 1, attached hereto and incorporated herein by reference, requesting updates to the City Code to better reflect the scale and responsibilities of the Cultural Services Department and framing the need for subsequent amendments to the Cultural Resources Board bylaws; and WHEREAS, the functions of the Board as currently listed in the Code of the City of Fort Collins, specifically references the Lincoln Center and Museum of Discovery, but does not include the Gardens at Spring Creek and Carnegie Center for Creativity; WHEREAS, the Cultural Resources Board believes that by broadening the language in Section 2-203 of the Code of the City of Fort Collins, would better reflect the Cultural Services Department, cover all the major facilities, Fort Fund, and include ongoing programs and activities such as the Arts and Culture Master Plan process; and WHEREAS, pursuant to the Cultural Resources Board Retreat on June 10, 2017, the Cultural Resources Board recommended approval of the City Code amendments to more accurately represent the Board’s scope of duties and functions relating to the activities of the Cultural Services Department, as shown in Exhibit 2, attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 208 -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 Section 2-203 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-203. - Functions. The Board shall act as an advisory board and shall have the following functions: (1) To advise and make recommendations to the Museum Director and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Fort Collins Museum; (2) To advise and make recommendations to the Director of Cultural Services and Facilities and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Lincoln Center and any other cultural facility constructed by the City; (3) To advise and make recommendations to the Director of Cultural Services and Facilities and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Gardens at Spring Creek; (4) To advise and make recommendations to the Director of Cultural Services and Facilities and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to Carnegie Center for Creativity; (35)To review proposals for funding from the Cultural Development and Programming Account and the Tourism Programming Account, following established and published guidelines, and to submit recommendations regarding such proposals to the City Council to be approved by the City Council by resolution; (46) To advise and make recommendations to the City Manager regarding any proposed revisions to the guidelines used by the Cultural Resources Board to make the funding recommendations referred to in Paragraph (3) above; (57) To assist, advise and make recommendations to the Director of Cultural Services and Facilities and the City Council in cooperating on community projects with other civic organizations and with individuals interested in the City's cultural programs and facilities, in order to promote awareness and understanding of, and appreciation for, the value of cultural resources in the community. Packet Pg. 209 -3- Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 210 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Tiana Smith, Revenue and Project Manager Mike Beckstead, Chief Financial Officer Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 114, 2017, Repealing Article III of Chapter 15 of the Code of the City of Fort Collins Relating to Amusement Devices and Places. EXECUTIVE SUMMARY The purpose of this item is to repeal Article III of Chapter 15 of City Code to remove a license requirement on amusement devices and places, including but not limited to, pool tables, roller skating rinks, shooting galleries and electronic game devices. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City has imposed a license requirement on amusement devices and places, including but not limited to, pool tables, roller skating rinks, shooting galleries and electronic game devices. In a response to citizen inquiry, the City Council has determined that the circumstances in the community have changed since the original adoption of the license requirement making it no longer necessary to regulate these amusement devices and places for the benefit of the public health, safety and welfare. CITY FINANCIAL IMPACTS The City of Fort Collins collects approximately $18,000 per year in license fees for amusement devices and places. There are approximately 30 businesses located in Fort Collins that have licenses for approximately 260 amusement devices and places. The amount of revenue is insignificant in light of the City’s budget. After the Ordinance is in effect, staff will issue refunds to those current licensees who paid license fees before the effective date of the Ordinance, prorated by month. Staff estimates the total refund amount to be $1,000. 17 Packet Pg. 211 -1- ORDINANCE NO. 114, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ARTICLE III OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO AMUSEMENT DEVICES AND PLACES WHEREAS, the City has imposed a license requirement upon amusement devices and places, including but not limited to, pool tables, roller skating rinks, shooting galleries, and electronic game devices; and WHEREAS, proprietors of such devices and places are required to obtain a license and pay a licensing fee on either a six-month or annual basis; and WHEREAS, in response to citizen inquiry, the City Council has determined that circumstances in the community have changed since the original adoption of this license requirement making it no longer necessary to regulate these amusement devices and places for the benefit of the public health, safety and welfare; and WHEREAS, the revenue from the licensing fees is insignificant in light of the City's budget; and WHEREAS, it is the desire of City Council to amend Chapter 15 of the City Code to eliminate the license requirements for such devices and places. 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 Article III of Chapter 15 of the Code of the City of Fort Collins is hereby repealed in its entirety. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 212 -2- Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 213 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Judge Kathleen M. Lane, Municipal Judge Carrie Daggett, City Attorney Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 115, 2017, Amending Section 2-493 of the Code of the City of Fort Collins Regarding Duties of Municipal Judges. EXECUTIVE SUMMARY The purpose of this item is to set out the duties of the Municipal Judges as referenced in Article VII, Section 1, of the City Charter. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In April 2017, a revision to the Charter provision relating to Municipal Court was approved by the voters. Article VII, Section 1 now provides that Council shall appoint the judge or judges of Municipal Court and designate a Chief Judge “to carry out related duties as adopted by the Council by ordinance.” This ordinance is designed to set out, in general terms, the duties of the Chief Judge, including supervising any Assistant Municipal Judges appointed by City Council. The expectation is that each Municipal Judge would continue to have a contract with the City, as in the past, which could add more specificity in terms of duties. 18 Packet Pg. 214 -1- ORDINANCE NO. 115, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-493 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING DUTIES OF MUNICIPAL JUDGES WHEREAS, on January 17, 2017, the City Council adopted Ordinance No. 004, 2017, submitting to a vote of the City’s registered electors a proposed amendment to Article VII, Section 1 of the City Charter pertaining to appointment of municipal judges (the “Charter Change”); and WHEREAS, at the regular municipal election on April 4, 2017, voters approved the Charter Change; and WHEREAS, the purpose of the Charter Change was to give the City flexibility to hire additional Municipal Judges when appropriate to handle changes in the Municipal Court caseload, and to appoint a Chief Judge with specified duties; and WHEREAS, City staff is recommending that Section 2-493 of the City Code, which spells out the duties of the Municipal Judge, be amended to be consistent with the Charter Change and to set out in general terms the duties of the Chief Judge, including supervising any Assistant Municipal Judges appointed by the City Council. 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 2-493 of the City Code is hereby amended to read in its entirety as follows: Sec. 2-493 Judicial – Municipal Court; duties of Municipal Judges (a) The Municipal Court shall be in the charge of the Municipal Chief Judge, who shall be appointed by the City Council and shall be directly responsible to the City Council for the functions and duties of the Municipal Court. The Municipal Chief Judge shall manage the Municipal Court and its caseload, and shall serve as a member of the Board of Elections in accordance with the provisions of Article VIII, Section 5 of the Charter. (b) The City Council may appoint one or more Assistant Municipal Judges as may be necessary to handle the case load of the Municipal Court. Assistant Municipal Judges shall be supervised by the Chief Judge. Packet Pg. 215 -2- (c) As the City Council determines necessary, the City Council may also appoint one or more qualified attorneys to serve as a temporary judge, either directly or through an intergovernmental agreement with another city or cities. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 216 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Judge Kathleen M. Lane, Municipal Judge Ingrid Decker, Legal SUBJECT Resolution 2017-077 Approving Revised Costs and Fees for Fort Collins Municipal Court. EXECUTIVE SUMMARY The purpose of this item is to add two new fees to the approved costs and fees for cases in Fort Collins Municipal Court: a $65 Sealed Records Fee and a $300 Civil Case Filing Fee. The Sealed Records Fee is mentioned in the state legislature’s House Bill 17-1208 which takes effect on September 1, 2017. That law makes clarifications to the criminal justice records sealing process including allowing Municipal Court defendants whose non-traffic misdemeanor case is completely dismissed or of which they are fully acquitted to request that their records be sealed. The change allows sealing to be ordered directly by the Municipal Court in those cases without requiring such defendants to file a separate action in District Court as was required in the past. As for state court defendants, the law provides that Municipal Court defendants must pay a $65 fee “to cover the actual costs related to the sealing of the criminal justice records, which may be waived by the Court upon a determination of indigency.” See C.R.S. Section 24-72-702.5(2). Note: This change does not impact the current process authorized by City Code in which underage possession cases are sealed automatically after dismissal without a request from the defendant or payment of a fee. The Civil Case Filing Fee is needed to offset at least a portion of the administrative expense to the Court of civil cases being filed by members of the public. The amount of the proposed fee, $300, is based on the cost of approximately 10 hours of Court Administrator time. This is a very conservative estimate of the time needed to administer such a case and does not include the judicial expense involved. For comparison, the Colorado state District Courts currently charge a $224 filing fee to Plaintiffs in civil actions, including Rule 106 (Colorado Rules of Civil Procedure) actions. A final minor change proposed to the list of costs and fees is to revise the description of the Active Condition Fee to clarify that it does not apply to restitution payment conditions. The background information included in this Agenda Item Summary has also been updated to indicate that Petitions for Indigence requesting waiver of costs are now accepted by the Court on all cases, not just misdemeanor cases. This change has already been implemented. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION A detailed description of the City’s court costs and fees follows, including references to state statutes and rules, where applicable. All costs and fees are included, even if no change is proposed, in order to maintain an up-to-date list of all Municipal Court costs and fees. This list was last revised by Resolution 2016-011. 19 Packet Pg. 217 Agenda Item 19 Item # 19 Page 2 Cost or Fee Amount When Applicable Status Active Condition Fee $35.00 On a non-traffic misdemeanor case, when penalty (or portion thereof) is suspended or judgment/prosecution deferred with active condition(s) other than payment of restitution Description of application revised Appeal Fee $25.00 - $200.00 deposit; $3.00/transcript page assessed When appeal is filed (cost of preparing record or transcript of proceedings must be paid in advance); Section 13-10-116, C.R.S.; Rule 237(b), Colorado Municipal Court Rules (C.M.C.R.); Rule 37(a), Colorado Rules of Criminal Procedure No change Civil Case Filing Fee $300.00 When a civil complaint or petition (not including civil infraction citations prosecuted by the City) is filed Added Collection Fee $30.00 When defendant does not appear or pay and the case is referred to a collection agency; applies in lieu of compact, default, or outstanding judgment and warrant fee; does not apply to Camera Radar/Red Light cases per state statute restrictions No change Compact Fee $30.00 When defendant (with out-of-state driver’s license) does not appear on a traffic case No change Court Cost $35.00 When defendant enters a plea of guilty, no contest, or liable after arraignment, including deferred judgment cases, or is found guilty/liable at trial or by default No change Default Judgment Fee $30.00 When defendant (with Colorado driver’s license) does not appear on a traffic case; per Section 42-2-118(3)(c), C.R.S., half of this fee is remitted to the Colorado Department of Revenue by the Court No change Deferral Cost $50.00 When defendant accepts a deferred judgment or deferred prosecution disposition No change Did Not Appear Fee Agenda Item 19 Item # 19 Page 3 Cost or Fee Amount When Applicable Status Parking Boot Fee $50.00 When vehicle is immobilized for non- payment of parking tickets No change Payment Plan Fee $25.00 When payment plan is created or revised to add an additional balance due No change Personal Service Cost Actual cost of service (with a minimum established and revised as necessary by Police Services) When defendant has to be located and personally served with a summons and complaint and later enters a plea of guilty, no contest, or liable to charge(s) or is found guilty/liable at trial or by default No change Returned Check Fee $25.00 When payment by check is returned by bank due to insufficient funds No change Sealed Records Fee $65.00 When defendant requests sealing of criminal justice records pursuant to Section 24-72-702.5, C.R.S. Added Traffic Calming Surcharge See City Code See Section 1-15(g) of the City Code No change Warrant Fee $50.00 When warrant is prepared due to failure to appear, pay or comply No change Witness Fee $5.00 When subpoenaed witness appears for trial and defendant is found guilty/liable; Section 13-10-111(4), C.R.S. No change In all cases, defendants have the option of filing a Petition for Indigence to request that the Court waive costs and fees (not fines) due to their financial situation. Those petitions are reviewed by the Court using the “Income Eligibility Guidelines” adopted by the Colorado Supreme Court and used by the County and District Courts. The costs and fees listed above are consistent with and, in some cases, slightly higher than those assessed by other Colorado Municipal Courts, according to information staff has received from those Courts. Under the proposed Resolution, the revised fees would become effective on September 1, 2017. CITY FINANCIAL IMPACTS The Court estimates that the financial impact of the new Sealed Records Fee will be minimal, yielding approximately $1,300 in additional revenue in 2017 (based on an estimate of $4,000 per year). The Civil Case Filing Fee will likely be rarely applied since only one such case has been filed in Municipal Court in recent history. Both fees will, however, help to compensate the City for at least a portion of the administrative -1- RESOLUTION 2017-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING REVISED COSTS AND FEES FOR FORT COLLINS MUNICIPAL COURT WHEREAS, Section 1 of Article VII of the City Charter provides that rules of procedure, costs and fees for the Fort Collins Municipal Court shall be enacted by the City Council upon recommendation of the Municipal Judge; and WHEREAS, Municipal Judge Kathleen M. Lane has recommended that an additional fee referred to as the “Sealed Records Fee” in the amount of $65 be imposed for cases in Municipal Court to help cover the administrative costs of sealing records as authorized by Section 24-72- 702.5, C.R.S. beginning September 1, 2017; and WHEREAS, Judge Lane has also recommended that an additional fee referred to as the “Civil Case Filing Fee” in the amount of $300 be imposed for cases in Municipal Court to help cover the administrative costs of handling civil complaints filed by members of the public; and WHEREAS, Judge Lane has also recommended that the description of the Active Condition Fee be revised to clarify that it does not apply to restitution payment conditions; and WHEREAS, the City Council believes that adopting the new fees and the revised Active Condition fee is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following costs and fees are hereby adopted and shall be imposed, when applicable, in all cases filed in the Fort Collins Municipal Court and parking and civil violations, unless such cost is specifically waived by the Judge or Referee: Active Condition Fee $35.00 Appeal Fee $25.00 - $200.00 deposit; $3.00/pg for transcript Civil Case Filing Fee $300.00 Collection Fee $30.00 Compact Fee $30.00 Court Cost $35.00 Default Judgment Fee $30.00 Deferral Cost $50.00 Did Not Appear Fee $25.00 Did Not Comply Fee $25.00 Did Not Pay Fee $25.00 Packet Pg. 220 -2- Jury Fee $25.00 Outstanding Judgment and Warrant Fee $30.00 Parking Boot Fee $50.00 Payment Plan Fee $25.00 Personal Service Cost Actual cost of service Returned Check Fee $25.00 Sealed Records Fee $65.00 Traffic Calming Surcharge See City Code Warrant Fee $50.00 Witness Fee $5.00 Section 3. That the revised costs and fees adopted herein shall take effect on September 1, 2017. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 221 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Greg Oakes, Apprentice Landscape Architect Chris Van Hall, Legal SUBJECT Resolution 2017-078 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and Larimer County for the Construction of the Long View Trail Between Fort Collins and Loveland. EXECUTIVE SUMMARY The purpose of this item is to request Council approval for an intergovernmental agreement (IGA) between Fort Collins and Larimer County for the construction of the Long View Trail between Fort Collins and Loveland. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Long View Trail is a 4.4-mile, 10-foot wide concrete trail that will connect Fort Collins and Loveland. The trail will extend through numerous natural areas/open spaces, beginning at the Cathy Fromme Prairie in Fort Collins and ending at the Sunset Vista Natural Area in Loveland. The project is identified in the 2013 Paved Recreational Trail Master Plan. When completed, the trail will extend through the Colina Mariposa Natural Area, the Hazaelus Natural Area, and the Long View Farm Open Space. The project is a joint effort between the City of Loveland, Larimer County, and the City of Fort Collins, with Larimer County acting as the lead agency for the project. The project is anticipated to be constructed beginning in fall of 2017 and completed in the spring of 2018. The total cost for the project is estimated at $4,800,000, with Fort Collins share of the cost being $2,200,000. However, staff is asking Council to approve up to $2.7 million to cover actual costs if the final bid or construction costs exceed current estimates. These costs include design, permitting, construction management services, and construction. Construction costs are estimates only; final construction costs will be known after the project is bid. In 2014, Fort Collins, Larimer County and Loveland jointly applied for two grants to help fund the project: A Colorado Department of Transportation (CDOT) Transportation Alternative Program (TAP) grant, and a Great Outdoors Colorado (GOCO) Parks to Paths grant. As lead applicant, the County was awarded a combined $1,999,900 in grant funding, $999,950 from the TAP grant, and $999,950 from the GOCO grant. As provided in the IGA, the County will distribute the grant funding proportionate to the amount of trail being constructed in each agency jurisdiction. The IGA outlines responsibilities and payment from the City of Fort Collins to Larimer County for project construction costs. The grants will be administered by Larimer County with the project balance being paid by all three agencies on a proportional basis. 20 Packet Pg. 222 Agenda Item 20 Item # 20 Page 2 CITY FINANCIAL IMPACTS The City of Fort Collins share of the project is funded from several sources, including the TAP and GOCO Grants, Xcel Energy funds received in 2011 for a natural gas pipeline easement across City owned Natural Areas property and Conservation Trust funds appropriated through the 2017-18 budget cycle. No additional appropriations are required to fund the project. Funding Sources Conservation Trust Funds $220,000 XCEL Energy Funds $1,000,000 TAP Grant (Fort Collins Portion) $490,000 GOCO Grant (Fort Collins Portion) $490,000 Contingency Funding Sources (Conservation Trust Funds) $500,000 Total $2,700,000 Estimated Expenditures Design/Permitting $193,971 Construction (Engineers Estimate) $1,627,059 Construction Management $208,970 Contingency $170,000 Total $2,200,000 The estimated $2.2 million total project expenditures include the engineers estimate for construction. The City has available appropriated funds up to $2.7 million for this project if the construction bid exceeds the engineers estimate. Staff is requesting approval to spend up to the $2.7 million if necessary. BOARD / COMMISSION RECOMMENDATION The Long View Trail has received recommendations from numerous boards and commissions, including: Land Conservation Stewardship Board Bicycle Advisory Committee Parks and Recreation Board PUBLIC OUTREACH Public Outreach for the project includes: Multiple media releases Informational fliers mailed to residents One-on-one meetings with concerned residents Public open houses Project website with regular updates ATTACHMENTS 1. Longview Trail Vicinity Map (PDF) 2. Land Conservation and Stewardship Board, minutes, August 10, 2016 (PDF) 3. Bicycle Advisory Committee minutes, September 26, 2016 (PDF) 4. Parks and Recreation Board minutes, October 26, 2016 (PDF) 5. Public Service Trail Acquisition Appropriation AIS, October 15, 2013 (PDF) 20 Packet Pg. 223 Connection to the Mason Street Trail New Tunnel (Completed) Proposed Fossil Creek Trail Connection Existing Trail Underpass Trail Continues on Existing Sidewalk Cathy Fromme Prairie Trailhead Fossil Creek Trail Proposed Sunset Vista Natural Area Trailhead Connection to Loveland Trail System P r o p o s e d L o n g V i e w T r a i l 4 . 2 Total M i l e s Existing Trail Underpass Front Range Trail to Loveland (Under Construction) Coyote Ridge Natural Area Colina Mariposa Natural Area Hazaleus Natural Area S. Shields St. Long View Farm Open Space Fos sil Cr eek Tra il P o w e r T r a i l Long View Trail Project Map ATTACHMENT 1 20.1 Packet Pg. 224 Attachment: Longview Trail Vicinity Map (5814 : Long View Trail IGA) Land Conservation & Stewardship Board August 10, 2016 ATTACHMENT 2 20.2 Packet Pg. 225 Attachment: Land Conservation and Stewardship Board, minutes, August 10, 2016 (5814 : Long View Trail IGA) 20.2 Packet Pg. 226 Attachment: Land Conservation and Stewardship Board, minutes, August 10, 2016 (5814 : Long View Trail IGA) Page 3 ways to ease land use and planning and zoning restrictions when it comes to housing development. This report is something to review and keep an eye on in future city planning. Aaron Buckley (Fort Collins Bike Co-op) – Recent women bike classes had good attendance. The Tour de Fat event was a success with great volunteers. Mark Houdashelt (Air Quality Advisory Board) – The AQAB’s Budget recommendations included Transfort Sunday Service (67.11) and the Travel Behavior Survey (3.23). There were several AQAB bicycle related offers that were ranked highly, but not included since the greenhouse gas (GHG) impacts were not understood to lessen. GHG report findings later pointed out this was not the case. GHG findings will be re-evaluated closer and prior to final BFO recommendations in the future. Sylvia Cranmer (Chair, Colorado State University) – Over 300 participants participated in the Bike education event as part of annual CSU Welcome weekend (We Ride). The Campus is wrapping up the weekly (Thursdays) Bike to Breakfast events for the month of September. Todd Dangerfield (Downtown Development Authority) – On Thursday, September 22nd, the Downtown Development Authority attended the Annual Governor's Awards for Downtown Excellence, in Pueblo, Colorado. During their travels, DDA staff stopped to view several buildings and a bike shop in Castle Rock, CO. Discussions with the bike shop staff addressed the store’s home grown bike share program and a need for revitalization. The Fort Collins Bike Share program overseen by Zagster was discussed. Todd asked if more specific usage/benefit numbers from Zagster could be provided at future BAC meetings. Luke Caldwell (Natural Resource Advisory Board) – The board’s September meeting included discussion regarding the land bank program for affordable housing. Three parcels of land are being considered on the south side of Fort Collins. Luke had some concern over the distance of the affordable housing sites from city services. INFORMATIONAL/DISCUSSION ITEMS Longview Trail and Trails Update (Greg Oakes, City of Fort Collins Park Planning and Development) The Longview Trail project is joint effort between Larimer County and the cities of Loveland and Fort Collins. Greg’s presentation and discussion centered around the design graphic depicting the proposed 4.4-mile-long trail between Loveland and Fort Collins, parallel to Shields Street. Review points related to trail design and discussion that occurred with BAC members and Greg during the meeting follows below. Greg also shared information about other city trails being considered for the 2017-2020 planning period. - The Poudre Trail - I25 underpass should be completed in 2020 after CDOT has finished bridge work. - The Fossil Creek Trail BNSF Pedestrian Tunnel and connection west to east of Fossil Creek Trail is anticipated to be completed in 2017. - Aaron Fodge (CSU Alternative Transportation Manager) added trail news of the Loveland Power Trail being worked on in 2017 and further south trails connecting to Berthoud. These trails could provide contiguous trail systems from Berthoud to Fort Collins. Longview Trail Design Review/Discussion and Q and A Greg laid out a ~42 ft. long color design graphic of the Longview trail for BAC participants to review. His main intent was to get the BAC’s input on the alignment of the route. - Members mentioned the trail would be primarily used by commuters. - Some easements into private property have been obtained. Setbacks are a max of 150’ from Shields. - Wetlands issues in some areas. Planners have worked to keep impacts to a minimum of .5 acres total, using bridges etc. in these areas. Bicycle Advisory Commission September 26, 2016 ATTACHMENT 3 20.3 Packet Pg. 227 Attachment: Bicycle Advisory Committee minutes, September 26, 2016 (5814 : Long View Trail IGA) Page 4 - Members considered total distance variances with straight versus curvy trail design. It was estimated that additional ¼ to ½ mile would be added with the curvy design. Opinions on a straight versus curvy trail varied. - Cathy Busch-Kinkaid (At Large Member) liked the trail being a distance from the road and away from traffic noise, exhaust, etc. - A soft surfaced 4’ wide path will parallel the trail and support multi-use traffic, including horses. Several of the trail cross sections and connections to other trail systems were reviewed. - Longview’s connection to Fossil Creek Trail on the east will be finished post 2017, after the BNSF easements and pedestrian tunnel are complete. CDOT and Larimer County are funding the project. Completion is anticipated for May of 2018. Q. Why the name Longview? A. The area between cities is called Longview Farm Open Space. Q. Will the Longview Trail be under winter grooming? A. Greg believed it would, but didn’t know its priority. It was not known if a Bike Counter would be put on the trail. Bicycle related 3 Foot Law Enforcement Technology – C3FT (Lt. Craig Horton, FC Police Services) Lieutenant Craig Horton of the Fort Collins Police Services department provided a detailed description of the C3FT enforcement technology. The purpose of his presentation was to gain additional insights from the BAC regarding the benefits and applications for this new type of enforcement technology. Discussion and suggestions follow below. C3FT enforcement technology – This sensor is a sonar device that helps officers to monitor and enforce driver safety when passing cyclists. (A minimum of 3 feet distance is required). The bike-mounted sensor can include a video camera to provide evidence for ticketing. Two officers are required; one riding a bike with sensor device, the other in a car to ticket vehicle drivers. - Police Services have concerns with putting officers in dangerous situations while riding (patrolling) in areas where encroachment occurs most often. - Craig felt the technology provides opportunity for public (driver) education. Craig asked what the BAC community thinks about this tool. - Austin, TX and Chattanooga TN are using the tool. Little known about value. - Chris Johnson (Bike Fort Collins) felt the publicity and conversation starter effort of the tool is most valuable. - Kelly McDonnell (Bicycle Pedestrian Education Coalition) asked what streets would be targeted with this tool. Craig felt FC Moves would have best suggestions for patrol areas. Again, the difficulty is putting the police officer/rider in jeopardy when using the tool. - Luke felt the encroachment issues on the dam road etc. are infrastructure related. Others did not see this as an excuse for violation of C3FT. - Todd Dangerfield (Downtown Development Authority) suggested this tool be shared with Larimer County for other higher prone encroachment areas (e.g. Carter Lake). - Chair Cranmer mentioned that positive support of the tool should be publicized. Education must come hand in hand with enforcement of 3-ft rule. Q. Could a safety class be required when a driver is ticketed? 20.3 Packet Pg. 228 Attachment: Bicycle Advisory Committee minutes, September 26, 2016 (5814 : Long View Trail IGA) Parks & Recreation Board Meeting – October 26, 2016 Page 2 of 4 Full Minutes AGENDA ITEMS: ULongview Trail – Greg Oakes, Apprentice Landscape Architect, Park Planning The Longview Trail is a proposed 4.5 mile multi-use trail connecting Fort Collins and Loveland from the Cathy Fromme Prairie to 57P th P Street along Shields Street. The section in Fort Collins is just over 2 miles long, the majority of which runs through Natural Areas property. The concept design has been vetted by Natural Areas and the Land Conservation & Stewardship Board. Bike Fort Collins has also approved and felt the project would provide a serene trail experience since it is in the Natural Areas. There are some concerns for the North end of the trail as portions adjacent to private property. The project is projected to cost approximately $5.2 Million, funded by a partnership between Loveland, Larimer County, Fort Collins, a $1 million CDOT Transportation Alternatives Program grant & a $1 million Great Outdoors Colorado grant. 30% design has been submitted, 75% of plans will be submitted mid-January, 100% plans submitted in March, construction is planned to begin September 2017 and projected to complete in May of 2018. UDiscussion Board – Will there be trees planted along the trail? Staff – No. We discussed with Natural Areas yesterday. Modifies natural area & adds to maintenance Board – Would you refer to this as a bike trail? Staff – It is a hard surface multi-use trail Board – Is it as wide as the trail at Redtail Hawk? Staff – That’s just the road to put the tunnel in for the Fossil Creek Trail connection. Board – Are we looking to get additional right-of-way Staff – No we are not due to the grade of the property & cost Board – It would be nice to add interpretive signs along the trail to provide insight into cultural points along the trail. Staff – Natural Areas also mentioned shelters yesterday. That is something down the road in the planning process we can include. Board – Could we recommend a protected bike lane as on Laurel for the Northern Shields section? Doesn’t offer actual protection but perceived protection Board – How do they manage snow removal in those areas? Staff – Staff removes snow by hand. We’d have to look into specialty equipment since conventional plows can only plow one way. Board – Should we expand Shields in the future, we don’t have to rip it up and redo it now that it’s off the road Board – Is that a bridge in the wetlands? Staff – It is. We worked with Natural Areas to find a location for the bridge that is the least impactful Board – Are these going to be open spaces so people can go off trail? Staff – They will be Natural Areas. UUpdate on potential land purchase associated with the Poudre River Whitewater Park– Kurt Friesen, Director of Park Planning & Development Board discussed the potential land purchase associated with the Poudre River Whitewater Park in executive session. Motion – Jessica MacMillan made a motion to approve the use of Neighborhood Park Funds for the potential land purchase associated with the Poudre River Whitewater Park, with the understanding that a neighborhood park will be built on the property within 10 years of the purchase date. Seconded – Ragan Adams Vote: Approved 7:0 USTAFF UPDATES UParks Updates x Poured-in-Place playground safety surfacing project was completed at Spring Canyon Park x Conversion project at Avery Park is starting. New playground equipment is currently being installed. x Removed large, aging cottonwood trees on Ziegler, between Horsetooth & Harmony x A tennis court at City Parks has been converted to four Pickleball courts. Parks and Recreation Board October 26, 2016 ATTACHMENT 4 20.4 Packet Pg. 229 Attachment: Parks and Recreation Board minutes, October 26, 2016 (5814 : Long View Trail IGA) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY October 15, 2013 City Council STAFF Craig Foreman, Director of Park Planning & Development SUBJECT First Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from the Public Service Company into the Capital Projects Fund for the Trail Acquisition and Development-Special Funds Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $1,250,000 from Public Service Company (PSCo or Xcel) into the Capital Project Trail Acquisition/Development - Special Funds. The Public Service Company’s (PSCo) West Main Pipeline Project required easements across City- owned Coyote Ridge, Colina Mariposa, and Hazaleus Natural Areas located along South Shields Street between Fort Collins and Loveland and on the Kingfisher Natural Area near Timberline Road. PSCo has agreed to provide $2,000,000 as compensation for the easements, and as mitigation for the project’s community wide impacts. From the PSCo revenues, funding in the amount of $1,000,000 will be used for the construction of a ten-foot wide concrete regional trail on the east side of Shields Street from Fossil Creek Drive to Trilby Road. Funding in the amount of $250,000 will also be used for the removal and relocation of the Poudre Trail at the Woodward Technology Center. The remaining $750,000 of PSCo revenues will be used by Natural Areas for various projects along the Poudre River. These funds were appropriated in the Natural Areas Fund by Ordinance No. 090, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In late 2011, Public Service Company (PSCo) approached the Natural Areas Department to discuss the West Main Project and the need to replace an existing natural gas pipeline located within several City- owned natural areas. Negotiations with PSCo resulted in a payment of $2,000,000 to the City for the natural area easements and to offset the community impacts of the pipeline project. Staff reviewed a variety of trail projects, and determined construction of the regional trail along Shields Street from Fossil Creek Drive to Trilby Road was the best use for $1,000,000 of the PSCo funds. This regional trail is included in the Council-adopted Parks and Recreation Policy Plan. The trail will generally be placed on land disturbed by the pipeline project. Constructing the trail now avoids the need to restore this area and then disturb it when the trail is constructed in the future. Constructing this section of the regional trail will also create an incentive for Larimer County and the City of Loveland to connect to and complete the trail. The Woodward Technology Center project will result in the City obtaining 31 acres of natural area. City staff determined $250,000 of the PSCo funds should be used to remove the section of the Poudre Trail on the site and relocate within the restored natural area. The remaining $750,000 in PSCo funds will be used to acquire, restore or otherwise improve natural areas along the Poudre River. If any funds remain after completion of the trail projects, it will be used for other trail construction needs. ATTACHMENT 5 20.5 Packet Pg. 230 Attachment: Public Service Trail Acquisition Appropriation AIS, October 15, 2013 (5814 : Long View Trail IGA) Agenda Item 15 Item # 15 Page 2 FINANCIAL / ECONOMIC IMPACT The $1,250,000 available for trail projects augments existing limited trail funding allowing these funds to be used for other needed trail projects. The project appropriation of $1,250,000 for the trail projects includes $12,500 for 1% Art in Public Places (APP). Of this amount $9,750 will be transferred to the APP project in the Cultural Services and Facilities Fund for the artwork and the remaining $2,750 will be transferred to the same fund for the maintenance of the artwork and operations of the APP program. The total amount transferred to APP will be $12,500 or 1% of the total project cost. Funding for the annual operation and maintenance cost of the 1.0 mile of new trail from Fossil Creek Driver to Trilby Road is estimated at $10,000 and will be included in the 2015 Parks trail maintenance Budgeting for Outcomes offer. The relocated Poudre Trail annual operation and maintenance cost at the Woodward Technology Center is in existing Parks budgets. ENVIRONMENTAL IMPACTS The new trail location along Shields Street has been reviewed by the Natural Areas staff and will be located close to the street to minimize impacts to the natural areas. The relocated Poudre Trail at the Woodward Technology Center will not be located right next to the river, as it is now. The new trail section will provide nice views of the river as it traverses the restored natural area. BOARD / COMMISSION RECOMMENDATION The Parks and Recreation Board and the Land Conservation Board were informed of the project over the past year through staff updates. The Boards were supportive of these projects. PUBLIC OUTREACH The trail project from Fort Collins to Loveland was discussed with the community during the 2008 Parks and Recreation Policy Plan update and is listed on the City’s trail development web page. The Poudre Trail relocation at the Woodward Technology Center has been shown at several open houses for the Woodward project in 2013. ATTACHMENTS 1. Woodward Proposed Trail Map 2. Xcel Loveland Trail Map 20.5 Packet Pg. 231 Attachment: Public Service Trail Acquisition Appropriation AIS, October 15, 2013 (5814 : Long View Trail IGA) -1- RESOLUTION 2017-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND LARIMER COUNTY FOR THE CONSTRUCTION OF THE LONG VIEW TRAIL BETWEEN FORT COLLINS AND LOVELAND WHEREAS, the Long View trail is a 4.4-mile, 10-foot wide concrete trail that will connect Fort Collins and Loveland (the “Project”); and WHEREAS, the Project is identified in the 2013 Paved Recreational Trail Master Plan; and WHEREAS, once completed, the Project will extend through the Colina Mariposa Natural Area, the Hazaelus Natural Area, and the Long View Farm Open Space; and WHEREAS, the Project is a joint effort between Fort Collins, the City of Loveland and Larimer County, with Larimer County acting as the lead agency for the Project; and WHEREAS, the total cost of the Project is estimated at $4,800,000, with Fort Collins’ share of the Project currently estimated at $2,200,000, which amount may change based on final bids and construction; and WHEREAS, Fort Collins, Loveland and Larimer County have negotiated an intergovernmental agreement (the “IGA”) to coordinate construction and funding of the Project; and WHEREAS, the IGA approves up to $2,700,000 to be spent on the Project, which amount has already been appropriated for the Project, to cover actual costs of the Project that exceed the current $2,200,000 estimate; and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, the City Council has determined that the Project is in the best interests of the City and that the Mayor be authorized to execute the IGA between the City and the County in support thereof. Packet Pg. 232 -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby authorizes the Mayor to execute the IGA between City and the County, substantially in the form attached hereto as Exhibit “A,” together with such modifications and additions as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or further the purposes of this Resolution, as set forth above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 233 1 Packet Pg. 234 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 235 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 236 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 237 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 238 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 239 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 240 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 241 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 242 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 243 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 244 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 245 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 246 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 247 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 248 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 249 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 250 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 251 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 252 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 253 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 254 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 255 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 256 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 257 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 258 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 259 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 260 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 261 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 262 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 263 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 264 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 265 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 266 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 267 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 268 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 269 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 270 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 271 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 272 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 273 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 274 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) 1 Packet Pg. 275 Attachment: Exhibit A (5827 : Long View Trail IGA RESO) Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Darin Atteberry, City Manager Ryan Malarky, Legal SUBJECT Resolution 2017-080 Approving the Appointment of Delynn Coldiron as Interim City Clerk Effective as of the Date and Time of City Clerk Wanda Winkelmann's Resignation. EXECUTIVE SUMMARY The purpose of this item is to appoint Delynn Coldiron as Interim City Clerk, following the resignation of City Clerk Wanda Winkelmann. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION City Clerk Wanda Winkelmann has resigned her position effective 4:00 p.m on August 9, 2017. The recruitment and selection process to replace Ms. Winkelmann is expected to take several months, and the appointment of an Interim City Clerk is necessary to carry on the responsibilities of the City Clerk. City Manager Atteberry has appointed Delynn Coldiron as Interim City Clerk, effective the date and time of City Clerk Wanda Winkelmann’s resignation. Pursuant to Article II, Section 12 of the City Charter, such appointment requires the approval of the City Council. The proposed Resolution provides that the City Council approval of this appointment is to be effective the date and time of City Clerk’s Wanda Winkelmann’s resignation. 21 Packet Pg. 276 -1- RESOLUTION 2017-080 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPOINTMENT OF DELYNN COLDIRON AS INTERIM CITY CLERK EFFECTIVE AS OF THE DATE AND TIME OF CITY CLERK WANDA WINKELMANN’S RESIGNATION WHEREAS, after five years of dedicated service to the City, City Clerk Wanda Winkelmann is resigning her position effective 4:00 p.m. on August 9, 2017; and WHEREAS, Article II, Section 12 of the City Charter provides that the City Manager shall appoint a City Clerk with the approval of the City Council; and WHEREAS, effective as of the date and time of City Clerk Wanda Winkelmann’s resignation, the City Manager has appointed Delynn Coldiron as Interim City Clerk until a new City Clerk is appointed; and WHEREAS, commencing as of the date and time of City Clerk Wanda Winkelmann’s resignation, and up to the effective date and time of this Resolution, Delynn Coldiron has taken official actions as Interim City Clerk; and WHEREAS, the City Manager recommends City Council’s approval of this appointment and that Council also confirm and ratify all official actions taken by Delynn Coldiron as Interim City Clerk commencing with the date and time of City Clerk Wanda Winkelmann’s resignation, and up to the effective date and time of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the appointment of Delynn Coldiron as Interim City Clerk, effective as of the date and time of City Clerk Wanda Winkelmann’s resignation, and until such time as a new City Clerk is appointed and approved as provided in Article II, Section 12 of the City Charter. Section 2. That, in approving this appointment effective the date and time of City Clerk Wanda Winkelmann’s resignation, the City Council intends to and does hereby confirm and ratify all official actions taken by Delynn Coldiron as Interim City Clerk commencing on the date and time of City Clerk Wanda Winkelmann’s resignation, and up to the effective date and time of this Resolution. Packet Pg. 277 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 278 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Michelle Provaznik, Manager-Gardens on Spring Creek Chris Van Hall, Legal SUBJECT Items Relating to the Gardens on Spring Creek. EXECUTIVE SUMMARY A. First Reading of the Ordinance No. 118, 2017, Modifying Ordinance No. 074, 2016, Which Modified the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006 Pertaining to the Gardens on Spring Creek to Remove Two Conditions, Specifically the West Sound Wall and Central Override Component of the Sound System. B. First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is modify the approved plan for the expansion of the Gardens on Spring Creek by removing the western sound wall and central override sound system; and to appropriate $2,431,000 for construction of the Gardens on Spring Creek facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item also appropriates the funds needed for the Arts in Public Places artwork that is part of the capital project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION On June 7, 2016, Council adopted Ordinance No. 074, 2016, modifying a project that was pursuant to a major amendment for the City property informally known as the Gardens on Spring Creek (the “Project”). This Project modification included the addition of a sound wall along the western edge of The Gardens property line and a permanent central sound override system. The Gardens is requesting the removal of the west sound wall, which wall is opposed by many neighbors, especially those in closest proximity to the site. The Gardens is also requesting removal of the permanent central sound override system which is extremely costly and not proven completely effective. Cost savings from the removal of these two items is approximately $200,000. Proposed Ordinance No. 118, 2017, modifies the conditions of Council’s prior approval in Section 2 of Ordinance No. 074, 2016. New exhibits are attached reflecting the new conditions applicable to the Project (modified to remove the west sound wall and the sound override system and to clarify the obligation to comply with City sound ordinances as they exist from time to time). 22 Packet Pg. 279 Agenda Item 22 Item # 22 Page 2 Gardens staff, in conjunction with Lincoln Center staff and professional sound engineers, will ensure concerts comply with all applicable Fort Collins Municipal Code Noise Standards of Chapter 20, Article II: Sound shall be limited to 55dB(A) from 7 a.m. to 8:00 p.m. and 50 dB(A) from 8:00 p.m. to 7:00 a.m. at the Gardens on Spring Creek property line adjacent to the low density residential (R-L) Zone District. Sound measurements will be conducted throughout the concerts by Gardens and Code Compliance staff. The total Project budget is $2,831,000. The current Project breakdown is as follows: Project Design Budget (already spent) $202,000 Project Construction Budget: $2,629,000 TOTAL PROJECT BUDGET: $2,831,000 Throughout the design and development review process, the Friends of the Gardens Board of Directors and Gardens staff have been raising money for the construction of the Project. $2,031,000 has been raised or pledged from local foundations, businesses and individuals who support the Project. Adding these donations to what was previously appropriated by the City, the current Project funding sources are as follows: City Contribution $400,000 Community Leadership Donors $1,000,000 Other Private Donations and Pledges $1,031,000 Staff is asking for an additional $400,000 from prior year reserves in the General Fund to bridge the gap between the $2,431,000 of Project funding sources already identified and the total Project budget of $2,831,000. This item was discussed at the Council Finance Committee meeting on July 11, 2017. Draft minutes from the meeting are attached. City Council’s previous approval of the Project, including the sound wall and sound monitoring system requirement, is attached to this AIS. CITY FINANCIAL IMPACTS This Ordinance will appropriate $2,431,000 to complete the remaining gardens at the Gardens on Spring Creek. These funds include $2,031,000 raised and by the Friends and donations in process. This ordinance also includes an additional $400,000 from the City of Fort Collins prior year reserves in the General Fund. The funds will become part of The Gardens capital budget. From this appropriation, one percent (1%) of the base bid for the project is to be used for Art in Public Places. Of the total Project amount, $2,500 has been previously transferred to the Cultural Services and Facilities Fund for APP. This ordinance will transfer 1% of the remaining Project amount of $2,581,000, in the amount of $25,810 to the Art in Public Places (APP) program. Of the $25,810 APP contribution, $20,131 will be reserved for the APP artwork and $5,162 reserved for operations of the APP program and $516 for maintenance of the artwork. BOARD / COMMISSION RECOMMENDATION No board or commission recommendations. PUBLIC OUTREACH Public outreach was completed during the development review process for the project including three public meetings, two Planning and Zoning Board Meetings and two City Council Meetings. 22 Packet Pg. 280 Agenda Item 22 Item # 22 Page 3 ATTACHMENTS 1. Overall Site Plan (PDF) 2. Ordinance No. 074, 2016 (PDF) 3. Council Finance Committee minutes, July 11, 2017 (draft) (PDF) 4. Powerpoint presentation (PDF) 22 Packet Pg. 281 russell+mills studios Gardens on Spring 0 15 30 60’ Creek S P R I N G C R E E K T R A I L GREAT LAWN UNDAUNTED GARDEN COMMUNITY GARDEN Overall Site Plan PARKING C E N T R E A V E SPRING CREEK STORM WATER DETENTION/ WETLANDS ROCK GARDEN CAFE GROVE Backdrop Planting Proposed Fence, typ. Future Trail Connection to PERC Existing Tree, typ. Stage Tents Stage 35’x40’ Terraced Shade Seating Moon Garden Sound Mitigation Walls Fragrance Garden Rose Garden Hummingbird Garden Chaparral Planting Cactus Planting 22.2 Packet Pg. 283 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 22.2 Packet Pg. 284 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 22.2 Packet Pg. 285 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 1 EXHIBIT A Notes included with the Gardens on Spring Creek Amended Plan (See sheet LS003 of the Site Plan) DRAFT 3-23-2016 THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS. GENERAL EVENT STANDARDS: 1. ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE STANDARDS OF CHAPTER 20, ARTICLE II: SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT. 2. THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT EVENTS SHALL BE TICKETED. 3. THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC FESTIVALS. 4. A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE: GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE, YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST, HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS. SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE MUNICIPAL CODE. 22.2 Packet Pg. 286 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 2 5. PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF. ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW. TIME LIMITATION STANDARDS: 1. ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT SHALL CONCLUDE NO LATER THAN 8PM. 2. EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT 8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME. 3. ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 4. ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 5. ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE BY 9 P.M. SOUND MONITORING STANDARDS: 1. DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION. 2. FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. 3. MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 22.2 Packet Pg. 287 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 3 SECURITY AND SAFETY REQUIREMENTS: 1. DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK. 2. EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL BE TURNED OFF NO LATER THAN 10 P.M. 3. CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS CONSTRUCTED AT THIS LOCATION IN THE FUTURE. ADDITIONAL GENERAL STANDARDS: 1. ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS. MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN. 2. “NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3. OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100 REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET PARKING DEMANDS FOR ALL GARDENS EVENTS. 22.2 Packet Pg. 288 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 4 4. THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND CONDUCT ALL OPERATIONS IN ACCORDANCE WITH THE FINAL PLANS. ANY MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE REVIEWED AND APPROVED. 5. THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES. NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT SHALL AT A MINIMUM ADDRESS THE FOLLOWING: a) CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD COMMITTEE. b) PARKING MANAGEMENT AND ENFORCEMENT. c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT. d) MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT AMPLIFICATION AND VOCAL PERFORMANCES. e) ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR INCLUDING: LOITERING, DAY-CAMPING AND LITTERING. f) MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS. g) THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR. h) COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS. REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL: 1. USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE 22.2 Packet Pg. 289 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 5 RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY SUCH TRANSFER. 2. LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE PLANS. FLOODPLAIN NOTES: 1. PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100- YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK. 2. ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS MUNICIPAL CODE. 3. NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR FURTHER DETAILS AND RESTRICTIONS. 4. ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS. NATURAL AREA BUFFER REQUIREMENTS: 1. STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH 22.2 Packet Pg. 290 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 6 THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT. 2. ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONES. 3. CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS. 4. CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF THE DEVELOPMENT DURING CONSTRUCTION. STANDARD PLAN NOTES AND REQUIREMENTS: 1. REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS. 2. REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS, AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS, WALKS AND OTHER SURVEY INFORMATION. 3. ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS. 4. ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND UNNECESSARY DIFFUSION. 5. FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE EXTINGUISHING SYSTEM. 6. ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED. 22.2 Packet Pg. 291 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 7 7. ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS. ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES. ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE. 8. ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. GENERAL LANDSCAPE NOTES: 1. MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES, WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT, LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND CONDITION. 2. THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN TREES/SHRUBS AND UTILITIES: 40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS 15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS 10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN LINES 6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE LINES. 4 FEET BETWEEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER LINES 4 FEET BETWEEN TREES AND GAS LINES 22.2 Packet Pg. 292 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) 8 3. THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. 22.2 Packet Pg. 293 Attachment: Ordinance No. 074, 2016 (5844 : Gardens on Spring Creek Appropriation) Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Minutes 07/11/17 1:30 - 4:00 pm Colorado River Community Room – 222 Laporte Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers Staff: Darin Atteberry, Mike Beckstead, Jeff Mihelich, John Duval, Travis Storin, John Voss, Tiana Smith, Lawrence Pollack, Andres Gavaldon, Joanne Cech, Lance Smith, Josh Birks, Carrie Daggett, Laurie Kadrich, Helen Matson, Kerri Allison, Sue Beck-Ferkiss, Rachel, Springob, Tyler Marr, Teresa Roche, Joaquin ‘Keen’ Garbisot, Mark Jackson, Kurt Ravenschlag, Michelle Provaznik Others: Kevin Jones (Chamber of Commerce), James Manire (First Southwest), Jim Burke, (Assurance Senior Manager, RSM US LLP) T Meeting called to order at 1:35 pm Ken Summer moved to approve Minutes for the May 15th Council Finance Meeting. Ross Cunniff seconded the motion. Minutes were amended to correct the following sentence which incorrectly stated that Ross Cunniff moved to approve the minutes and seconded. The motion was seconded by Gerry Horak. Ross Cunniff moved to approve Minutes for the April 28th Council Finance Meeting. Gerry Horak seconded the motion. Minutes for the May 15th Council Finance meeting were approved unanimously as amended. A. 2016 Financial Audit Review Travis Storin, Accounting Director Jim Burke, Assurance Senior Manager, RSM US LLP SUBJECT FOR DISCUSSION Independent Auditors’ Report on 2016 Financial Statements Independent Auditors’ Report on Compliance for Major Federal Programs EXECUTIVE SUMMARY RSM will be presenting the Report to the City Council. This report covers the audit of the basic financial statements and compliance of the City of Fort Collins for year-end December 31, 2016. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff seeks input on areas of priority or concern, other than those established in this Report to the City Council, for matters of recordkeeping and/or the City’s internal control environment. ATTACHMENT 3 22.3 Packet Pg. 294 Attachment: Council Finance Committee minutes, July 11, 2017 (draft) (5844 : Gardens on Spring Creek Appropriation) 2 ………………………………………………………. Other Business Gardens at Spring Creek Funding Michelle Provaznik, Director Darin Atteberry; $2.8M project - contract with contractor - we expected $3M it came in at $2.8M There is an expiration date on the bid - extended out 90 days to September 7, 2017. The City requires that all of money for the project be appropriated before they can move forward with construction. We anticipate coming back to Council to remove the western sound wall which is approximately $200K. If built - we would operate within existing noise code requirements (ordinance) and see how that goes for a season or a year - we are optimistic. Recommend to Council Finance and Council that $400K be backfilled from reserves - There will be an appropriation coming forward for the $400K $800K backfill with donations - $400K be private fund raising Mike Beckstead; comes out of $5.3 unassigned at bottom - we appropriate We won’t sign the contract until we have the commitment from donors - potential modify and deal with sound wall Portion of Capital Tax which was approved by voters -Gardens - $2M was approved and went toward completion of the Visitor’s Center We are seeing some donor fatigue - we need to move forward - risk is that donors go away and we go back to zero Randy Morgan who has spearheaded fund raising $2.8M for all of the Gardens Ross Cunniff; $2M from the Capital Tax - relevant for Council to remember the role $2M we have for this project - $250K - largely donor funds to be used for stage, etc. (I’m not sure what this about exactly – sorry!) Scheduled for Council on July 18th Mayor Troxell; I am ok bringing it forward to Council - I appreciate all of the work that has been done with the bid and the donors. Friends of the Garden may want to do their own fundraising Ross Cunniff; the change we made on the 2nd Reading exempted the City from the noise ordinance. Fixed so that the city is not exempted from the requirements. Carrie Daggett; I thought that was a proposal and was not decided 22.3 Packet Pg. 295 Attachment: Council Finance Committee minutes, July 11, 2017 (draft) (5844 : Gardens on Spring Creek Appropriation) 3 Darin Atteberry; we will operate within the requirements – within the noise ordinance and go from there. Come back after a year of operations- that was put in on 2nd Reading to re-evaluate Ross Cunniff; condition of approval - not an ordinance change Carrie Daggett; will confirm that = Change of conditions would be a Council action – would need to go back to Council Darin Atteberry; It is important for Council to hear the zoom out vision next Tuesday. 22.3 Packet Pg. 296 Attachment: Council Finance Committee minutes, July 11, 2017 (draft) (5844 : Gardens on Spring Creek Appropriation) 1 Items Related to the Gardens on Spring Creek Michelle Provaznik 8-15-2017 ATTACHMENT 4 22.4 Packet Pg. 297 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Original Master Plan Designed in 2000 Included Visitor’s Center, Fruit & Vegetable Garden, Children’s Garden, Foothills and Prairie Gardens and the Great Lawn with Bandstand 2 22.4 Packet Pg. 298 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Garden Funding 3 2004 - Gardens Opens utilizing $2,500,000 from Building Community Choices All gardens on site have been built using private funds totaling over $1 million: 2006 - Children's Garden, $500,000 2010 - Garden of Eatin’, $250,000 2010 – Timberframe, $100,000 2011 - Rock Garden, $150,000 2011 - Wetland Garden, $10,000 2013 - Sustainable Backyard, $40,000 22.4 Packet Pg. 299 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Cultivating Community Capital Campaign Phase 1: Garden Completion 4 22.4 Packet Pg. 300 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) The Great Lawn 5 22.4 Packet Pg. 301 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) The Undaunted Garden 6 22.4 Packet Pg. 302 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Foothills and Prairie Gardens 7 22.4 Packet Pg. 303 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Phase 2: Visitor’s Center Completion 8 22.4 Packet Pg. 304 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Butterfly Partnership 9 The 1,700 square foot conservatory will house up to 400 free- flying North American butterflies with thousands of blooming flowers. The butterfly house plans to open to the public in 2019. 22.4 Packet Pg. 305 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Western Sound Wall 10 Gardens Boundary Added Sound Wall 14’ height Sound Walls 22.4 Packet Pg. 306 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Phase 1: Project Budget Project Design: $ 202,000 (already spent) Project Construction: $2,629,000 Total Project Budget: $2,831,000 11 22.4 Packet Pg. 307 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Phase 1: Project Revenues 12 City Contribution: $ 400,000 Community Leadership Donors: $1,000,000 Other Private Donations and pledges: $1,031,000 Asking for additional $400,000 from the City of Fort Collins 22.4 Packet Pg. 308 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) Other Considerations 13 Contractor has extended bid deadline until September 30, 2017. 22.4 Packet Pg. 309 Attachment: Powerpoint presentation (5844 : Gardens on Spring Creek Appropriation) -1- ORDINANCE NO. 118, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS MODIFYING ORDINANCE NO. 074, 2016, WHICH MODIFIED THE APRIL 7, 2016 PLANNING AND ZONING BOARD DECISION APPROVING THE MAJOR AMENDMENT TO THE CENTRE FOR ADVANCED TECHNOLOGY 22 nd FILING, COMMUNITY HORTICULTURE CENTER, #MJA 150006 PERTAINING TO THE GARDENS ON SPRING CREEK TO REMOVE TWO CONDITIONS, SPECIFICALLY THE WEST SOUND WALL AND CENTRAL OVERRIDE COMPONENT OF THE SOUND SYSTEM WHEREAS, the City is the owner of certain property known as the “Gardens on Spring Creek” (or “Gardens”) and the Applicant for the Major Amendment to the Centre for Advanced Technology 22 nd Filing, Community Horticulture Center, #MJA 15006 (the “Major Amendment”); and WHEREAS, the Major Amendment reflects a proposed plan to complete development by the City of a number of future components outlined in the original master plan for the Gardens approved in 2001, including new and expanded garden areas, the “great lawn” area that includes a covered stage structure and improvements for outdoor performances (referred to herein as the “Performance Area”), modified circulation through the gardens and to the Spring Creek Trail, a bicycle parking area, garden and arbor structures in various gardens and operational and management standards for events in the Performance Area (collectively, the “Project”); and WHEREAS, in addition to the stage and related improvements such as the sound system and mixing station, the approved Major Amendment included five sound mitigation walls related to the Performance Area - four in close proximity to the stage and a fifth sound mitigation wall along the west boundary of the Gardens (referred to herein as the “West Sound Wall”) and a sound monitoring system tied to a central override component system to be installed at the sound mixing station (the "Override System"), both of which were intended to mitigate the impact of sound from concert events involving amplified music on the neighborhood adjacent to the Gardens on the west; and WHEREAS, at its regular meeting on April 7, 2016, the City’s Planning and Zoning Board (the “Board”) held a duly noticed public hearing, considered citizen comment and input on the Project proposed by the Major Amendment, and voted unanimously to approve the Centre for Advanced Technology 22 nd Filing, Community Horticulture Center, #MJA 150006 subject to certain conditions (the "Board Decision"); and WHEREAS, the Board Decision removed the condition and did not require construction of the West Sound Wall as a part of the Project; the Board Decision did, however, include the condition and require installation of the Override System; and WHEREAS, since the City was the applicant for approval of the Major Amendment to permit construction of the Project, pursuant to Section 2.2.12(B) of the Fort Collins Land Use Code ("Land Use Code") the Board Decision was not subject to appeal but was instead considered by City Council as an "alternate review" and, on June 7, 2016, Council exercised its Packet Pg. 310 -2- legislative power under Section 2.2.12(B) and adopted Ordinance No. 074, 2016, which modified the Board Decision to add a condition requiring installation of the West Sound Wall (the "Council Approval"); and WHEREAS, the bids for the Project are in excess of available funding and staff has recommended that Council further modify the Project to remove the requirement for installation of the West Sound Wall and the Override System; and WHEREAS, Resolution 2017-017 Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions (“Rules”) allows Council to change an action previously taken by the Council, including rescinding or amending a prior ordinance; and WHEREAS, Council now wishes to exercise its legislative power to modify Ordinance No. 074, 2016 setting forth the Council Approval of the Project, with conditions through the adoption of this Ordinance which removes the conditions that require construction of the West Sound Wall and Sound Override System as a part of the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Council hereby adopts this Ordinance pursuant to the Rules and Land Use Code Section 2.2.12(B) as an exercise of its legislative and administrative power and in its sole discretion to further modify the Board Decision and prior Council Approval regarding this City Project, and consider factors in addition to or in substitution of the standards of the Land Use Code, including but not limited to the provisions of Division 2.17 requiring that City projects be processed in the manner described by the Land Use Code. Section 3. That in light of budgetary and fundraising considerations with respect to the Project, Ordinance No. 074, 2016, which currently sets forth the Council Approval of the Project, is hereby modified to replace the conditions set forth in Section 2 of Ordinance No. 074, 2016, with the following modified conditions: A. The requirements set forth on Amended Exhibit “A” attached hereto and incorporated herein by reference, shall constitute the general standards related to time limitations, sound monitoring, and security and safety requirements for the Project. B. The City Project shall include the construction of sound mitigation walls substantially consistent with the design approved by the Planning and Zoning Board and shown on Amended Exhibit “B” attached hereto and incorporated herein by this reference. C. After one full year of operation of the constructed City Project, the Council may by ordinance adjust the limit on the number of music concert events per year. Packet Pg. 311 -3- D. That nothing set forth in the Board Decision or prior Council Approval as modified by this Ordinance shall relieve the City or the Project from compliance with ordinances regulating sound and noise set forth in the Fort Collins City Code, as they may exist from time to time. Section 4. That notwithstanding the provisions of Section 2 above, staff is instructed to administratively incorporate into and update the approved plans for the Project to include the modified conditions set forth in Section 3 of this Ordinance. Section 5. That the Board Decision and Council Approval shall continue in effect unmodified except as expressly set forth herein. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 312 1 EXHIBIT A Notes included with the Gardens on Spring Creek Amended Plan (See sheet LS003 of the Site Plan) DRAFT 3-23-2018 THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS. GENERAL EVENT STANDARDS: 1. ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE STANDARDS, AS THEY EXIST FROM TIME TO TIME OF CHAPTER 20, ARTICLE II: SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT. 2. THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT EVENTS SHALL BE TICKETED. 3. THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC FESTIVALS. 4. A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE: GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE, YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST, HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS. SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE MUNICIPAL CODE. AMENDED 1 Packet Pg. 313 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 2 5. PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF. ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW. TIME LIMITATION STANDARDS: 1. ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT SHALL CONCLUDE NO LATER THAN 8PM. 2. EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT 8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME. 3. ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 4. ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 5. ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE BY 9 P.M. SOUND MONITORING STANDARDS: 1. DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION. 2. FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. 3. MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 1 Packet Pg. 314 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 3 SECURITY AND SAFETY REQUIREMENTS: 1. DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK. 2. EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL BE TURNED OFF NO LATER THAN 10 P.M. 3. CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS CONSTRUCTED AT THIS LOCATION IN THE FUTURE. ADDITIONAL GENERAL STANDARDS: 1. ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS. MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN. 2. “NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3. OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100 REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET PARKING DEMANDS FOR ALL GARDENS EVENTS. 1 Packet Pg. 315 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 5 RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY SUCH TRANSFER. 2. LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE PLANS. FLOODPLAIN NOTES: 1. PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100- YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK. 2. ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS MUNICIPAL CODE. 3. NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR FURTHER DETAILS AND RESTRICTIONS. 4. ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS. NATURAL AREA BUFFER REQUIREMENTS: 1. STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH 1 Packet Pg. 316 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 4 4. THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND CONDUCT ALL OPERATIONS IN ACCORDANCE WITH THE FINAL PLANS. ANY MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE REVIEWED AND APPROVED. 5. THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES. NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT SHALL AT A MINIMUM ADDRESS THE FOLLOWING: a) CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD COMMITTEE. b) PARKING MANAGEMENT AND ENFORCEMENT. c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT. d) MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT AMPLIFICATION AND VOCAL PERFORMANCES. e) ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR INCLUDING: LOITERING, DAY-CAMPING AND LITTERING. f) MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS. g) THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR. h) COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS. REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL: 1. USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE 1 Packet Pg. 317 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 6 THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT. 2. ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONES. 3. CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS. 4. CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF THE DEVELOPMENT DURING CONSTRUCTION. STANDARD PLAN NOTES AND REQUIREMENTS: 1. REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS. 2. REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS, AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS, WALKS AND OTHER SURVEY INFORMATION. 3. ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS. 4. ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND UNNECESSARY DIFFUSION. 5. FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE EXTINGUISHING SYSTEM. 6. ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED. 1 Packet Pg. 318 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 7 7. ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS. ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES. ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE. 8. ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. GENERAL LANDSCAPE NOTES: 1. MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES, WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT, LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND CONDITION. 2. THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN TREES/SHRUBS AND UTILITIES: 40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS 15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS 10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN LINES 6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE LINES. 4 FEET BETWEEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER LINES 4 FEET BETWEEN TREES AND GAS LINES 1 Packet Pg. 319 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 8 3. THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. 1 Packet Pg. 320 Attachment: Exhibit A (5855 : Gardens on Spring Creek ORD) 2 Packet Pg. 321 Attachment: Exhibit B (5855 : Gardens on Spring Creek ORD) -1- ORDINANCE NO. 104, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR CONSTRUCTION OF THE FINAL FIVE ACRES OF THE GARDENS ON SPRING CREEK PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, on June 7, 2016 Council adopted Ordinance No. 074, 2016 approving a major amendment for the City property informally known as the Gardens on Spring Creek. This amendment includes construction of five acres of gardens including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens; and WHEREAS, throughout the design and development review process, the Friends of the Gardens Board of Directors and Gardens Staff have been raising money for the construction of these new gardens; and WHEREAS, the total budget for the entire Project is $2,831,000; and WHEREAS, $2,031,000 has been raised from local foundations, businesses and individuals who support the Project; and WHEREAS, $250,000 was appropriated in the 2013 Budget for the Great Lawn; and WHEREAS, $150,000 was appropriated in the 2013 Budget Adjustment Ordinance for the Undaunted Garden; and WHEREAS, this ordinance also appropriates an additional $400,000 from the General Fund for this project; and WHEREAS, this appropriation of $2,431,000 in addition to the existing funding of $400,000 to provide a total of $2,831,000 towards the Project; and WHEREAS, construction will not begin on the project until a permit is issued and a permit will not be issued until the Project, as previously approved, is ready to be built or City Council amends its previous approval; 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; and WHEREAS, $2,500 for APP was previously appropriated and transferred to the APP program on the $250,000 portion of the funds, therefore, APP of $25,810 will be appropriated and transferred to the APP program from the remaining project funds of $2,581,000 ($2,031,000 in donations, $150,000 of prior appropriation and $400,000 in new City appropriation); and Packet Pg. 322 -2- WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for transfer to the Capital Projects Fund for the final five acres of The Gardens on Spring Creek Project. Section 3. That there is hereby appropriated, upon receipt, from unanticipated revenue in the Capital Projects Fund the sum of TWO MILLION THIRTY ONE THOUSAND DOLLARS ($2,031,000) for the final five acres of The Gardens on Spring Creek Project. Section 4. That the unexpended appropriated amount of TWENTY THOUSAND ONE HUNDRED AND THIRTY TWO DOLLARS ($20,132) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 5. That the unexpended appropriated amount of FIVE THOUSAND ONE HUNDRED SIXTY TWO DOLLARS ($5,162) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. Packet Pg. 323 -3- Section 6. That the unexpended appropriated amount of FIVE HUNDRED SIXTEEN DOLLARS ($516) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 324 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF SeonAh Kendall, Economic Health Manager Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Second Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a New Section 7 Pertaining to Telecommunication Facilities and Services. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on August 8, 2017 by a vote of 5-2 (Nays: Martinez, Summers), submits to Fort Collins electors a proposed amendment to Charter Article XII, Municipal Public Utilities. The amendment would authorize the City Council to provide, by future ordinance, telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million in bonds, the ability to go into executive session to discuss matters related to competition in the telecommunications industry, and the option to establish governance of this public utility through a board and/or to delegate rate-making authority to the City Manager. This measure does not mandate that the City provide municipal retail broadband services, or that a third-party be the provider. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 8, 2017 (w/o attachments) (PDF) 2. Staff memo in response to Council questions (PDF) 3. Ordinance No. 101, 2017 (PDF) 23 Packet Pg. 325 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY August 8, 2017 City Council STAFF SeonAh Kendall, Economic Health Manager Mike Beckstead, Chief Financial Officer SUBJECT Items Relating to a Proposed Charter Amendment to Add a New Section to Charter Article XII Pertaining to Telecommunication Facilities and Services. EXECUTIVE SUMMARY A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 101, 2017, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XII of the City Charter to Add a New Section 7 Pertaining to Telecommunication Facilities and Services. The purpose of this item is to propose an amendment to Charter Article XII, Municipal Public Utilities. The amendment would authorize the City Council to provide, by future ordinance, telecommunications/broadband facilities and services as a public utility, to issue of up to $150 million in bonds, the ability to go into executive session to discuss matters related to competition in the telecommunications industry, and the option to establish governance of this public utility through a board and/or to delegate rate-making authority to the City Manager. This measure does not mandate that the City provide municipal retail broadband services, or that a third-party be the provider. Any protest of the proposed ballot language must be received no later than Monday, August 7, 2017, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of Ordinance No. 101, 2017. If protest(s) are received, copies will be included in Council’s “Read-before” packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Broadband Strategic Objectives The FCC noted that the real culprit of slow, expensive internet in the U.S. is the lack of competition among providers. New broadband entrants into the market have a substantial impact on price and service. The City’s 2016 Strategic Plan includes Strategic Objective 3.9 - “Encourage the development of reliable high speed internet services throughout the community”. The Broadband Plan overall objective is to bring reliable, Gig speed internet to the City of Fort Collins, while making an informed decision through evaluation of risk and opportunities. Broadband is defined by the FCC as internet download speed of 25 megabits per second (“Mbps”) and upload of 3 Mbps or faster. Additional benefits sought include: ATTACHMENT 1 23.1 Packet Pg. 326 Attachment: First Reading Agenda Item Summary, August 8, 2017 (w/o attachments) (5836 : SR 101 Broadband Charter Amendment) Agenda Item 2 Item # 2 Page 2 Competitive pricing (residential market pricing at $70/month or less for 1 Gbps and an affordable internet tier); Universal coverage across the Growth Management Area; Underground service for improved reliability; and Timely implementation to providing services within a reasonable time frame (less than five years). At the July 2017 work session, City Council directed staff to continue work on developing the ballot language and refining the message. The City Attorney’s office, in collaboration with City staff, has prepared the proposed Charter amendment and ballot question. Timeline of activity to refer the ballot: Timeframe Key Activities August 8, 2017 First Reading of ballot language August 15, 2017 Second Reading of ballot language; Final date for City Council to adopt the ballot language August 29, 2017 Intergovernmental agreement with the County calling the special election September 8, 2017 City Clerk certification of ballot language November 7, 2017 Election November 8, 2017 (If Voter Disapproval) Status Quo-No further action November 8, 2017 (If Voter Approved) See projected timeline (Attachment 3) The ballot measure would allow: Council the ability to add Telecommunication/Broadband services to the City’s electric utility or create a new utility to provide these services; Issue securities or debt not to exceed $150M to fund the project; Establish a governance structure including the ability to: (1) go into executive session for matters relating to competition;( 2) establish and delegate Council’s authority and power to a board and/or commission, except the power to issue debt; and (3) delegate the ability to set and/or change rates or fees to the City Manager. The ballot measure does not mandate the City to provide municipal retail broadband services, or that a third- party internet service provider would offer the service. The ballot measure would allow City Council to pursue broadband services through either option. Informational materials such as the projected timeline, FAQ, business plan and website were created to inform the community about the broadband project. CITY FINANCIAL IMPACTS The broadband financial feasibility model estimates that the project will cost between $130,000,000 to $150,000,000. The price range is attributed to the technology selected to implement a municipal broadband (ActiveE vs. GPON), potential increases to subscribership/take rate, and the product mix (video, voice, internet). The issuance of securities or other debt would be in an amount not to exceed $150M. BOARD / COMMISSION RECOMMENDATION None 23.1 Packet Pg. 327 Attachment: First Reading Agenda Item Summary, August 8, 2017 (w/o attachments) (5836 : SR 101 Broadband Charter Amendment) Agenda Item 2 Item # 2 Page 3 PUBLIC OUTREACH - Broadband Town Hall - November 14, 2016 - Broadband Technical Group - Oct 20, 2016; Nov 1, 8, and 14, 2016; Dec 14, 2016; Mar 30, 2017; July 17, 2017 - Fort Collins Area Chamber of Commerce Local Legislative Affairs - Dec 16, 2016; March 31, 2017 - Broadband Open House - Oct 12, 2016; Nov 29, 2016 - Leadership Northern Colorado - March 28, 2017 - North Fort Collins Business Association - May 24, 2017 - Broadband Citizen Group - Nov 16, 2016; March 29, 2017; June 21, 2017 - Community Issues Forum - November 17, 2016 - Super Issues Meeting - November 30, 2016 - Economic Advisory Commission (Informational only) - May 17, 2017 ATTACHMENTS 1. Broadband Flyer (PDF) 2. Broadband Business Plan, Version II, July 31, 2017 (PDF) 3. Powerpoint presentation (PDF) 23.1 Packet Pg. 328 Attachment: First Reading Agenda Item Summary, August 8, 2017 (w/o attachments) (5836 : SR 101 Broadband Charter Amendment) Economic Health Office 222 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.416.2170 970.224.6107 - fax fcgov.com MEMORANDUM This memorandum provides clarification and corrections from the Council Special Meeting held on August 8, 2017 in re: to broadband. Items clarified and/or corrected within this memorandum include: 1. Further explanation of the estimated cash flow and debt payments in the Broadband Business Plan (Attachment 1). This schedule outlines the revenue, expenses, operating income, debt service and ending cash balance illustrating the bonds can be paid off from cash generated by the broadband operating income in year 14. 2. Correction to staff’s FCC definition of broadband. Broadband is defined by the FCC in 2015 as internet download speed of 25 Mbps and upload of 3 Mbps or faster. The FCC published a 2016 Progress on Broadband report that included the following data: o 10 percent of all Americans (34 million people) lack access to 25 Mbps/3 Mbps service. o 39 percent of rural Americans (23 million people) lack access to 25 Mbps/3 Mbps. 3. Correction: Comcast’s Internet Essentials program, designed for low-income households, is not federally funded. Internet Essentials includes download Internet speeds of 10 Mbps, a free Wi-Fi router, access to digital literacy materials, and options to purchase a computer at a discounted rate. o Attachment 2 provides additional information from Comcast on their Internet Essential program. o Century Link does participate in the federally funded Lifeline program that also offers broadband services through wireless or bundled services. Date: August 9, 2017 To: Mayor and City Councilmembers From: SeonAh Kendall, Economic Health Manager Andres Gavaldon, Strategic Finance Director Through: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Mike Beckstead, Chief Financial Officer Re: August 8, 2017 Council Special Meeting Follow Up: Broadband ATTACHMENT 2 23.2 Packet Pg. 329 Attachment: Staff memo in response to Council questions (5836 : SR 101 Broadband Charter Amendment) 4. Council requested information on the historical practice of of providing the public draft ballot language before adoption. o Response from the City Clerk’s Office: There were four Charter amendments on the April 2017 ballot. The proposed Charter language was reviewed by the Election Code Committee in 2016 on July 18, September 14, and November 10, and presented to the City Council at the December 13, 2016 Work Session. No formal policy exists that states when ballot language is presented to the public. The Clerk’s office recognizes this as an opportunity for improvement and will develop a policy for future consideration. o For the Broadband ballot, charter change and business plans, drafts of these materials were published on July 6 th in support of the July 11 th work session. Attachment 1: Estimated cash flow and debt payments over the life of the debt Attachment 2: Comcast email clarifying the low income Internet Essentials program. 23.2 Packet Pg. 330 Attachment: Staff memo in response to Council questions (5836 : SR 101 Broadband Charter Amendment) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 ZĞǀĞŶƵĞ $0 $916,653 $4,879,311 $10,888,757 $18,211,765 $22,783,408 $23,777,179 $24,703,513 $25,202,613 KƉĞƌĂƚŝŶŐ džƉĞŶƐĞƐ $1,501,119 $2,550,951 $3,442,524 $3,747,059 $4,298,867 $4,826,271 $4,874,048 $5,217,769 $5,431,482 ^'Θ $302,750 $884,003 $908,951 $936,060 $1,109,890 $1,055,856 $1,084,269 $1,112,355 $1,136,518 džƉĞŶƐĞ $1,803,869 $3,434,953 $4,351,475 $4,683,120 $5,408,758 $5,882,128 $5,958,318 $6,330,124 $6,567,999 KƉĞƌĂƚŝŶŐ/ŶĐŽŵĞ -$1,803,869 -$2,518,301 $527,836 $6,205,637 $12,803,007 $16,901,280 $17,818,862 $18,373,390 $18,634,613 /ŶƚĞƌĞƐƚWĂLJŵĞŶƚƐdŽƚĂů ͲΨϱ͕ϰϱϳ͕ϯϯϮ ͲΨϱ͕ϰϱϳ͕ϯϯϮ ͲΨϱ͕ϰϱϳ͕ϯϯϮ ͲΨϱ͕Ϯϴϲ͕ϱϱϵ ͲΨϰ͕ϵϮϳ͕ϯϬϲ ͲΨϱ͕ϴϱϳ͕ϭϬϲ ͲΨϰ͕ϱϱϰ͕ϱϴϭ ͲΨϰ͕Ϭϱϯ͕ϯϰϰ ͲΨϯ͕ϱϮϵ͕Ϭϰϰ WƌŝŶĐŝƉĂůWĂLJŵĞŶƚƐdŽƚĂů ΨϬ ΨϬ ΨϬ ͲΨϰ͕Ϯϲϵ͕ϯϮϮ ͲΨϴ͕Ϭϳϯ͕Ϭϳϴ ͲΨϭϬ͕Ϭϴϳ͕ϴϲϯ ͲΨϭϬ͕ϱϰϲ͕Ϭϳϵ ͲΨϭϭ͕ϬϮϱ͕ϯϱϵ ͲΨϭϭ͕ϱϮϲ͕ϲϴϮ ^ƵďƚŽƚĂůWƌŝŶĐŝƉĂůĂŶĚ/ŶƚĞƌĞƐƚ -$5,457,332 -$5,457,332 -$5,457,332 -$9,555,882 -$13,000,384 -$15,944,969 -$15,100,660 -$15,078,703 -$15,055,726 KƉĞƌĂƚŝŶŐ/ŶĐŽŵĞůĞƐƐĞďƚ^ĞƌǀŝĐĞ ͲΨϳ͕Ϯϲϭ͕ϮϬϭ ͲΨϳ͕ϵϳϱ͕ϲϯϯ ͲΨϰ͕ϵϮϵ͕ϰϵϲ ͲΨϯ͕ϯϱϬ͕Ϯϰϰ ͲΨϭϵϳ͕ϯϳϳ Ψϵϱϲ͕ϯϭϭ ΨϮ͕ϳϭϴ͕ϮϬϮ Ψϯ͕Ϯϵϰ͕ϲϴϳ Ψϯ͕ϱϳϴ͕ϴϴϴ ATTACHMENT 1 to memo 23.2 Attachment: Staff memo in response to Council questions (5836 : SR 101 Broadband Charter ZĞǀĞŶƵĞ KƉĞƌĂƚŝŶŐ džƉĞŶƐĞƐ ^'Θ džƉĞŶƐĞ KƉĞƌĂƚŝŶŐ/ŶĐŽŵĞ /ŶƚĞƌĞƐƚWĂLJŵĞŶƚƐdŽƚĂů WƌŝŶĐŝƉĂůWĂLJŵĞŶƚƐdŽƚĂů ^ƵďƚŽƚĂůWƌŝŶĐŝƉĂůĂŶĚ/ŶƚĞƌĞƐƚ KƉĞƌĂƚŝŶŐ/ŶĐŽŵĞůĞƐƐĞďƚ^ĞƌǀŝĐĞ Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Total $25,383,653 $25,548,804 $25,697,621 $25,848,046 $26,000,098 $26,153,798 $285,995,217 $5,305,943 $5,617,558 $5,817,263 $5,695,110 $5,977,152 $6,165,445 $70,468,561 $1,157,853 $1,177,155 $1,196,501 $1,216,064 $1,235,838 $1,255,816 $15,769,880 $6,463,795 $6,794,714 $7,013,765 $6,911,174 $7,212,990 $7,421,261 $86,238,441 $18,919,857 $18,754,090 $18,683,857 $18,936,872 $18,787,108 $18,732,537 $199,756,777 ͲΨϮ͕ϵϴϬ͕ϲϬϲ ͲΨϮ͕ϰϬϲ͕ϵϬϳ ͲΨϭ͕ϵϭϳ͕ϳϬϬ ͲΨϭ͕ϰϬϲ͕ϯϲϵ ͲΨϴϳϭ͕ϵϬϮ ͲΨϯϭϯ͕Ϯϯϵ ͲΨϱϰ͕ϰϳϲ͕ϲϲϬ ͲΨϭϮ͕Ϭϱϭ͕Ϭϳϯ ͲΨϭϬ͕ϰϴϲ͕ϲϴϭ ͲΨϭϬ͕ϵϱϰ͕ϴϯϯ ͲΨϭϭ͕ϰϰϰ͕ϭϰϲ ͲΨϭϭ͕ϵϱϱ͕ϱϴϴ ͲΨϭϴ͕ϳϬϯ͕ϴϬϯ ͲΨϭϯϭ͕ϭϮϰ͕ϱϬϳ -$15,031,679 -$12,893,588 -$12,872,533 -$12,850,515 -$12,827,489 -$19,017,042 -$185,601,167 Ψϯ͕ϴϴϴ͕ϭϳϴ Ψϱ͕ϴϲϬ͕ϱϬϮ Ψϱ͕ϴϭϭ͕ϯϮϰ Ψϲ͕Ϭϴϲ͕ϯϱϳ Ψϱ͕ϵϱϵ͕ϲϭϴ ͲΨϮϴϰ͕ϱϬϱ $14,155,610 23.2 Attachment: Staff memo in response to Council questions (5836 : SR 101 Broadband Charter From: Lehmann, Jon [mailto:Jon_Lehmann@comcast.com] Sent: Wednesday, August 09, 2017 7:00 AM To: Mike Beckstead Cc: SeonAh Kendall Subject: RE: Comcast - Internet Essentials - Federally funded??? Thanks Mike. Below is the summary we included in our most recent RFP response to the City. a. Internet Essentials Program Helping to Close the Digital Divide in the City With respect to the City’s objective of ensuring that lower income residents have access to affordable broadband tier prices (as stated in the RFP and at every public Council meeting), Comcast offers its “Internet Essentials” program. Internet Essentials is the largest and most expansive broadband adoption effort that any U.S. company has ever undertaken. Launched in the fall of 2011, Internet Essentials is available in more than 30,000 schools and 4,000 school districts, spanning 39 states and the District of Columbia. To date, Comcast nationally has connected more than 3 million low‐income Americans to low‐cost, high‐speed broadband service at home through its Internet Essentials program. More than 150,000 Coloradans – including more than 2,700 in Fort Collins – have been connected to the internet at home through Comcast’s Internet Essentials program. Internet Essentials tackles the broadband adoption gap (digital divide) head‐on, addressing device availability, price, and digital literacy, which is the most significant barrier to broadband adoption. As stated above, the program provides low‐cost broadband service at 10 Mbps for $9.95 a month including a complimentary Wi‐Fi modem to allow for the connection of multiple devices in the home; the option to purchase a full‐ service, broadband‐ready computer for less than $150; and multiple options for digital literacy training in print, online, and in person. To qualify, a household must either: 1) have a child in a Title 1 school (50% or more of the students receive free or reduced lunch); 2) receive a Pell Grant for Community College; or 3) be a part of Section 8 housing or tied to HUD housing in any manner. To find out more, please go to www.internetessentials.com We will have an announcement on new upgrades and benefits on August 15th. Please let me know if you have any questions or concerns. Sincerely, Jon Lehmann Senior Director, Government & Regulatory Affairs Comcast Cable Corporation 1899 Wynkoop Street, Suite 550 Denver, CO 80202 303‐880‐7032 cell ATTACHMENT 2 to memo 23.2 Packet Pg. 333 Attachment: Staff memo in response to Council questions (5836 : SR 101 Broadband Charter Amendment) 303‐603‐2062 office jon_lehmann@cable.comcast.com INTERNET ESSENTIALS | Comcast’s Internet Essentials program has connected 3 million low‐income Americans to affordable internet service – including nearly 132,000 in Colorado – and invested more than $300 million in cash and in‐kind support for digital literacy training and educational initiatives. Check out our 5‐year progress report to learn more. 23.2 Packet Pg. 334 Attachment: Staff memo in response to Council questions (5836 : SR 101 Broadband Charter Amendment) -1- ORDINANCE NO. 101, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE XII OF THE CITY CHARTER TO ADD A NEW SECTION 7 PERTAINING TO TELECOMMUNICATION FACILITIES AND SERVICES WHEREAS, pursuant to Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”), the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, as provided in Article XX, Section 9 of the Colorado Constitution and in Section 31-2-210(1)(b) of the Colorado Revised Statutes, the City Council may initiate a proposed Charter amendment by adopting an ordinance to submit the amendment to the City’s electorate and must adopt in that ordinance a ballot title for the amendment; and WHEREAS, Charter Article XII, titled “Municipal Public Utilities,” contains various provisions authorizing and regulating the City’s public utilities, like its water and electric utilities, including the requirement in Section 1 of Article XII that the City’s electors must give their approval before the Council can construct, condemn, purchase, acquire or lease any new public utility; and WHEREAS, on November 3, 2015, a majority of the City’s electorate voted “yes” in answer to a ballot question submitted to them asking if the City, in the exercise of its home rule power, should have the right to provide, either directly or indirectly through private and/or public partnerships, to its residents, businesses, educational institutions and other organizations in the City, various kind of telecommunication facilities and services, including broadband Internet facilities and services; and WHEREAS, as a result of this response from the electorate, City Council and staff have conducted significant research, public outreach and investigation to determine whether the City should provide high-speed broadband Internet service as a public utility; and WHEREAS, after completing that research, public outreach and investigation, the Council has determined that the City’s electorate should be asked to amend the Charter to allow, but not require, the Council to authorize, by future ordinance and without a vote of the electorate, the City’s electric utility or a new telecommunications utility to acquire and provide directly or indirectly telecommunication facilities and services, including high-speed broadband Internet facilities and services; and WHEREAS, on July 18, 2017, the Council adopted on first reading Ordinance No. 096, 2017 (“Election Ordinance”) calling a special municipal election to be held on November 7, 2017, as a coordinated election with the Larimer County Clerk and Recorder (“November Election”) and the Election Ordinance will be considered by Council on second reading at its August 15, 2017, regular meeting; and 23.3 Packet Pg. 335 Attachment: Ordinance No. 101, 2017 (5836 : SR 101 Broadband Charter Amendment) -2- WHEREAS, the Council’s intent in adopting this Ordinance No. 101, 2017, is to present to the City’s electorate at the November Election, through the ballot title set in Section 3 of this Ordinance, a proposed amendment to Charter Article XII that would add a new Section 7 to Article XII, which, if adopted, would allow the Council, by ordinance and without a vote of the electorate, to authorize the City’s electric utility or a new telecommunications utility to acquire, construct, provide, fund and contract for telecommunication facilities and services within and outside the City’s territorial limits, whether directly or in whole or part through one or more third-party providers; and WHEREAS, this new Section 7 also grants to the Council certain powers relating to providing telecommunication facilities and services, and these include: (a) issuing securities and other debt; (b) setting the customer charges for these facilities and services; (c) convening in executive session to consider matters pertaining to competition in providing these facilities and services; (d) delegating to a Council-appointed board or commission some or all of the Council’s governing authority and powers granted in this Charter amendment, but not the power to issue securities and other debt; and (5) delegating to the City Manager some or all of Council’s authority to set customer charges for these facilities and services. 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 following proposed new Section 7 to Charter Article XII shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 1” at the November Election, provide that the Election Ordinance is adopted on second reading on August 15, 2017, and becomes law ten (10) days thereafter as provided in the Charter: Charter Article XII, Municipal Public Utilities Section 7. Telecommunication facilities and services. (a) In addition to all the powers granted by this Charter to the Council to acquire, condemn, establish, construct, own, lease, operate and maintain an electric utility to provide light, power and other electrical facilities and services, the Council may, by ordinance and without a vote of the electors, authorize the electric utility to acquire, construct, provide, fund and contract for telecommunication facilities and services within and outside the City’s territorial limits, whether directly or in whole or part through one or more third-party providers. Alternatively, the Council may create by ordinance, and without a vote of the electors. a telecommunications utility to exercise these same powers to furnish telecommunication facilities and services within and outside the City’s territorial limits. If the Council creates a telecommunications utility, it may also establish that utility as an enterprise of the City in the same manner, with the same powers and subject to the same requirements and limitations established under Section 19.3(b) of Article V of this Charter for the City’s other enterprises. The Council may also exercise 23.3 Packet Pg. 336 Attachment: Ordinance No. 101, 2017 (5836 : SR 101 Broadband Charter Amendment) -3- with respect to the telecommunications utility the same general authority and powers granted to Council in this Charter with respect to the City’s other utilities. (b) The Council, acting as itself, the board of the electric utility enterprise or as the board of the telecommunications utility enterprise, shall have the power to issue revenue and refunding securities and other debt obligations as authorized in Sections 19.3 and 19.4 of Article V of this Charter to fund the provision of the telecommunication facilities and services authorized in this Section. The cumulative total principal amount of any such securities and other debt obligations issued shall not exceed one hundred and fifty million dollars ($150,000,000), except that any refunding of such securities or other debt obligations shall not be included in that cumulative total. The City’s payment of and performance of covenants under the securities and other debt obligations issued under this subsection (b) and any other contract obligations of the City relating to the provision of telecommunication facilities and services under this Section, shall not be subject to annual appropriation so long as annual appropriation is not required under Article X, Section 20 of the Colorado Constitution. (c) The Council shall set by ordinance the rates, fees and charges for furnishing the telecommunication facilities and services authorized in this Section subject to the same limitations in Section 6 of Article XII of this Charter for setting the rates, fees and charges for other City utilities, except to the extent this authority is delegated by Council pursuant to subsection (e) below. In setting such rates, fees and charges, the Council may also include amounts payable to the City’s general fund for a franchise fee, a reasonable rate of return on any contributions from the general fund to acquire or construct telecommunication facilities, and the repayment of any loans from the general fund used to support the provision of telecommunication facilities and services under this Section, to include the payment of a reasonable rate of interest on any such loans. (d) In addition to the authority to go into executive session as provided in Section 11 of Article II of this Charter, the Council, and any board or commission established under subsection (e) below, may go into executive session to consider matters pertaining to issues of competition in providing the telecommunication facilities and services authorized in this Section, which shall include, without limitation, matters subject to negotiation, strategic planning, pricing, sales and marketing, development phasing and any other matter allowed under Colorado law. (e) As authorized in Section 1 of Article IV of this Charter, the Council may, by ordinance, establish a Council-appointed board or commission and delegate to it, in whole or part, the Council’s governing authority and powers granted under this Section concerning the furnishing of telecommunication facilities and services by the City’s electric utility or telecommunications utility, but not the power to issue securities as provided in subsection (b) above which shall only be exercised by the Council acting as itself or as the board of the electric utility enterprise or as the board of the telecommunications utility enterprise. The Council may also delegate by ordinance to the City Manager, in whole or part, its authority in subsection (c) above to set the rates, fees and charges for furnishing telecommunication facilities and services. Any Council 23.3 Packet Pg. 337 Attachment: Ordinance No. 101, 2017 (5836 : SR 101 Broadband Charter Amendment) -4- ordinance delegating this authority shall set forth the process to be used by the delegate for the setting of these rates, fees and charges. In addition, the amount of the rates, fees and charges so set by the delegate shall be determined under the same criteria the Council is authorized and required to follow in subsection (c) above. (f) For purposes of this Section, telecommunication facilities and services shall mean those facilities used and services provided for the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received, to include, without limitation, any broadband Internet facilities and services using any technology having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics and video. Telecommunication facilities and services and “broadband Internet facilities and services” are to be interpreted under this Section in the broadest possible way to cover the widest range of technologies and technology infrastructure, regardless of how these terms may be defined by federal or state law. Section 3. That the following ballot title, with its title and submission clause, is hereby adopted for submitting the proposed new Section 7 in Charter Article XII to the City’s electorate at the November Election, provide that the Election Ordinance is adopted on second reading on August 15, 2017, and becomes law ten (10) days thereafter as provided in the Charter: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 1 ADDING A NEW SECTION 7 TO CHARTER ARTICLE XII TO AUTHORIZE, BUT NOT REQUIRE, THE CITY’S PROVISION OF TELECOMMUNICATION FACILITIES AND SERVICES AS A PUBLIC UTILITY, INCLUDING BROADBAND INTERNET SERVICES Shall Article XII of the City of Fort Collins Charter be amended to allow, but not require, City Council to authorize, by ordinance and without a vote of the electors, the City’s electric utility or a separate telecommunications utility to provide telecommunication facilities and services, including the transmission of voice, data, graphics and video using broadband Internet facilities, to customers within and outside Fort Collins, whether directly or in whole or part through one or more third-party providers, and in exercising this authority, to: (1) issue securities and other debt, but in a total amount not to exceed $150,000,000; (2) set the customer charges for these facilities and services subject to the limitations in the Charter required for setting the customer charges of other City utilities; (3) go into executive session to consider matters pertaining to issues of competition in providing these facilities and services; (4) establish and delegate to a Council-appointed board or commission some or all of the Council’s governing authority and powers granted in this Charter amendment, but not the power to issue securities and other debt; and (5) delegate to the City Manager some or all of Council’s authority to set customer charges for telecommunication facilities and services? ______Yes/For ______No/Against 23.3 Packet Pg. 338 Attachment: Ordinance No. 101, 2017 (5836 : SR 101 Broadband Charter Amendment) -5- Introduced, considered favorably on first reading, and ordered published this 8th day of August, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk 23.3 Packet Pg. 339 Attachment: Ordinance No. 101, 2017 (5836 : SR 101 Broadband Charter Amendment) Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Jeff Mihelich, Deputy City Manager Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on July 18, 2017, by a vote of 3-2 (Nays: Overbeck, Stephens, Absent: Summers, Troxell) amends Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17- 40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. In response to a citizen inquiry and comments received by citizens during the First Reading of the Ordinance, a Whereas clause has been added clarifying that it is the intent of this Council to ensure this Ordinance continues to apply to all people, and not just certain segments of the population. In response to questions regarding sitting on objects, particularly planters, language has been added to Section 17-40(b) to clarify the extent of the prohibition. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION During First Reading of this Ordinance, City Council requested the following information before Second Reading: 1. Pictures of planters that are designed for sitting and those that are not 2. Pictures of areas not covered by the 20 feet restriction from entrances 3. A shaded map of areas affected by the 20 feet restriction 4. Rationale for the 20 feet restriction area from entrances 5. Applicability and relevance of Americans with Disabilities Act (ADA) standards to the 20 foot standard 6. Examples from other cities (Cleveland in particular) Staff’s responses to the requests are as follows: 1-2. The requested pictures will be shown as a part of staff's presentation on this subject, and are included in the attached PowerPoint for Council's review. (Attachment 3) 3. The requested map highlighting the downtown area is attached for Council's review (Attachment 2) and is also included in the PowerPoint presentation. 24 Packet Pg. 340 Agenda Item 24 Item # 24 Page 2 4. The restriction on sitting or lying within 20 feet of a business entrance exists in order to preserve pedestrian traffic flow in what are often very busy areas. Particularly in the downtown core, often at one time on the same stretch of sidewalk there are deliveries being made with equipment such as dollies, groups of individuals conversing, possible waiting for a table, and others trying to progress along the sidewalk in both directions. Police Services suggests that this becomes even more complicated when persons needing additional space to navigate the sidewalk are involved. Staff believes that these stretches of sidewalk cannot be used as intended if there are also individuals obstructing the sidewalk in front of a business entrance. 5. The City’s Engineering references both the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Public Right-of-Way Accessibility Guidelines (PROWAG) in the Pedestrian Needs Report used when designing and prioritizing sidewalks. PROWAG indicates that the minimum width for an “accessible route”, or sidewalk, is 48 inches (4 feet). Staff believes the 20 foot standard helps ensure an accessible route as defined under the PROWAG standards is available, particularly in the downtown area where congregating groups, window shoppers, and delivery persons could all feasibly be using one stretch of sidewalk in front of a business entrance. Having individuals occupying the sidewalk in the same area could render the sidewalk impassable from a PROWAG standpoint. 6. City staff’s research of obstruction-related ordinances in Cleveland, OH did not produce results relevant to the City of Fort Collins. Cleveland adopted event-zone regulations in preparation for the Republican National Convention in 2016. The regulations established a 3.3 square mile event zone, which restricted the use of downtown parks and banned certain activities, such as camping, and banned certain legal weapons from the zone, including umbrellas with metal tips, glass bottles, large backpacks and bags, sleeping bags, etc. The regulations were legally challenged and upheld. Staff also researched other jurisdictions and found that Ashland, Oregon; Seattle, Washington; and Monterey, California are examples of cities with sidewalk obstruction and business-access related ordinances. Ashland’s Council approved an ordinance which specifically prohibits intentional obstruction on a sidewalk, which is defined as leaving less than six feet of clear passage space on a sidewalk. The ban applies to sitting or lying on a sidewalk six feet from a curb or public structure and ten feet from a crosswalk. Intentional obstruction is proven by failure to move within five minutes of being warned by a law enforcement officer. The City of Seattle passed an ordinance prohibiting people from sitting or lying on public sidewalks specifically in commercial areas between 7:00 AM and 9:00 PM. The ordinance does not ban sitting or lying in public parks, plazas, alleys, nor sitting on the sidewalk in non-commercial areas in the city. Similarly to Ashland, citations do not occur unless individuals fail to comply with a warning from a member of law enforcement. Monterey’s Council approved an ordinance with restrictions on sidewalk obstructions in commercial areas downtown between 7:00 AM and 9:00 PM as well, with some exceptions for medical emergencies, mobility devices, participation in a public festival or parade, etc. The ordinance does not apply to city parks or beaches. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Downtown map showing 20-foot buffers (PDF) 3. Powerpoint presentation (PDF) 24 Packet Pg. 341 Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Jeff Mihelich, Deputy City Manager SUBJECT First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. EXECUTIVE SUMMARY The purpose of this item is to consider changes to Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past several summers, Fort Collins has experienced an increase in disruptive behaviors around the city, causing numerous challenges and frustration among downtown visitors, business owners, and residents. Council has held several work sessions on this subject and past actions taken include partial funding of the Outreach Fort Collins Team, securing reserved jail space for municipal offenders sentenced to jail, passage of an Appropriate Use of Public Spaces Ordinance that focused on access to transit facilities and restrooms, and funding Police Services overtime to increase presence downtown. Past discussions at City Council meetings have included possible options to keep downtown welcoming and easily accessible to all residents and visitors by mitigating unwanted and disruptive behaviors. At the March 7, 2017 Council Meeting discussing the Appropriate Use of Public Space Ordinance, City Council modified the proposed ordinance to not include language related to restricting sitting and lying on sidewalks during certain hours of the day. Citing multiple public outreach meetings with both business and residents where staff had presented this idea and public comment that evening, Council instructed staff to instead pursue changes in the obstructing a passageway ordinance to narrowly expand the definition of obstruction to include blocking access to places people frequently are accessing. Staff presented a broad framework for this at the May 23 Work Session by indicating a plan to amend the ordinance by addressing access to “public facilities.” Council expressed general support for moving forward with this idea. In order to address Council’s direction and to positively affect pedestrian movement around town while mitigating disruptive behavior that is not conducive to a welcoming environment, staff is recommending the following changes to the Obstruction ordinance: 1. Add a provision prohibiting blocking passage to “public fixtures”, which include pedestrian crosswalk buttons, benches, and water fountains, among other things. ATTACHMENT 1 24.1 Packet Pg. 342 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5779 : SR 100 Obstruction) Agenda Item 21 Item # 21 Page 2 2. Make minor adjustment in the existing trespass ordinance to make it illegal to lie on or otherwise occupy objects not designed for such use, where climbing, sitting and standing are currently the only explicit prohibitions, and adding planters to the existing list of examples of such objects. These changes are anticipated to keep access to public facilities open and allow for the intended use of that infrastructure. Additionally, the City’s investment in flowerbeds downtown would also be protected by the amendment to the Trespass ordinance. CITY FINANCIAL IMPACTS This item is not expected to incur costs beyond existing budgets PUBLIC OUTREACH Staff is relying on the public outreach which was conducted as a part of the Appropriate Use of Public Spaces Ordinance to inform recommendations and public insights on this ordinance. As a part of the Appropriate Use of Public Spaces process, staff conducted outreach sessions with the Downtown Business Association, the Downtown Development Authority, and the Chamber of Commerce’s Local Legislative Advisory Committee. In conjunction with business outreach, general citizen outreach was conducted at a coffee talk and a community meeting which were held on February 15 and February 22, respectively. ATTACHMENTS 1. Work Session Summary, May 23, 2017 (PDF) 2. Powerpoint presentation (PDF) 24.1 Packet Pg. 343 Attachment: First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (5779 : SR 100 Obstruction) ATTACHMENT 2 24.2 Packet Pg. 344 Attachment: Downtown map showing 20-foot buffers (5779 : SR 100 Obstruction) Amending the Obstruction and Trespass Ordinances – Second Reading August 15, 2017 ATTACHMENT 3 24.3 Packet Pg. 345 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) October 11th Work Session: • Discussed need for potential new ordinances March 7th Council Meeting: • Considered Appropriate Use of Public Spaces • Staff instructed to bring Obstruction changes back May 23rd Work Session: • Generally supportive of staff framework for modifications July 17 – 1st Reading: • Council passed ordinance, requesting additional pictures, maps, and information 2 Background 24.3 Packet Pg. 346 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) Obstruction and Trespass Modifications 3 WHAT • Add restrictions for obstructing access to public fixtures (benches, water fountains, etc.) • Prohibit lying on or occupying flowerbeds and planters 24.3 Packet Pg. 347 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) 4 24.3 Packet Pg. 348 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) Examples - Planters 5 24.3 Packet Pg. 349 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) Examples 6 24.3 Packet Pg. 350 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) Items for Consideration Obstruction Ordinance • Add prohibition of blocking passage to “public fixtures” • Includes pedestrian crossing buttons, water fountains, and benches Trespass Ordinance • Minor amendment to make it illegal to lie on or otherwise occupy objects not designed for sitting or lying (e.g., flowerbeds, planters) • Currently only climbing, sitting, and standing are prohibited Staff recommends approval of both amendments on 2nd reading 7 24.3 Packet Pg. 351 Attachment: Powerpoint presentation (5779 : SR 100 Obstruction) -1- ORDINANCE NO. 100, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PORTIONS OF CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS REGULATING TRESPASS AND THE OBSTRUCTION OF A HIGHWAY OR PASSAGEWAY WHEREAS, pursuant to its constitutional home rule powers and Sections 31-15-401 and 31-15-702, Colorado Revised Statutes, the City has the power to regulate the conduct upon and the use of public sidewalk areas and highways; and WHEREAS, the City currently has a Code provision regulating obstruction of a highway and passageway; and WHEREAS, earlier this year, City Council asked staff to propose improvements to the obstruction ordinance in order to facilitate enforcement of such ordinance; and WHEREAS, City staff recommends modifying the existing provision to prohibit obstructing not only sidewalks and highways, but also obstructing access to public fixtures, such as benches, pedestrian signal buttons, trash cans, and water fountains; and WHEREAS, the current trespass ordinance regulates sitting or standing on public certain objects, such as sculptures or statues, but City Council believes lying on or otherwise occupying such objects should also be regulated; and WHEREAS, in recent years there has been an increase in complaints from businesses and individuals about persons obstructing walkways near businesses; and WHEREAS, persons obstructing walkways cause unreasonable harm and inconvenience to pedestrians and persons utilizing wheelchairs or with other mobility issues; and WHEREAS, because City Council’s concern is about the mobility of persons near businesses and not who is causing the obstruction, the intent of the City Council is for this Ordinance to apply to all people violating the Ordinance, and not certain segments of the population; and WHEREAS, the City Council finds that the City has a compelling interest in encouraging and preserving a vital, pedestrian-friendly City; and WHEREAS, the City Council finds that it is beneficial to encourage pedestrian-friendly and shared walkways; and WHEREAS, when persons misuse walkways it makes those facilities unavailable to others who want or need to use them; and Packet Pg. 352 -2- WHEREAS, the City Council believes it is necessary to regulate the appropriate use of walkways and public fixtures under the circumstances set forth herein, for the preservation of the health, safety, and welfare of the City’s citizens and visitors. 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 17-128 of the Code of the City of Fort Collins is hereby amended to read in its entirety as follows: Sec. 17-128. Obstructing a highway or passageway. (a) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection: Business hours shall mean the time the business is open, plus an hour before opening and an hour after closing. The hours may be posted on the business itself or on its website, or if the hours are not posted, between the hours of 8 a.m. and 6 p.m. Entrance shall mean the frame of any door for use by the public or by employees to access the building. Unreasonably inconvenient or hazardous shall mean potentially causing danger, trouble, difficulty, or frustration to the ordinary person. (b) No person acting without legal privilege shall: (1) Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, hallway or any other public place for the passage of persons, vehicles or conveyances to which the public or a substantial group of the public has access, or obstruct pedestrian access to fixtures intended for use by the public, including but not limited to, benches, pedestrian signal buttons, trash cans, and water fountains, whether the obstruction arises from that person’s acts alone or from that person’s acts and the acts of others; or (2) Disobey a reasonable request or order to move issued by one whom the person knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by those gathered in dangerous proximity to a fire, riot or other hazard. Packet Pg. 353 -3- (c) For purposes of this Section, the term obstruct shall mean to render impassable or to render passage unreasonably inconvenient or hazardous. The term unreasonably inconvenient or hazardous as defined in Subsection (a) shall include, but not be limited to, sitting, kneeling, or lying within twenty (20) feet of the entrance to any business establishment during the business hours of that establishment, whether or not a particular person’s passageway has, in fact, been impeded. (d) The foregoing prohibitions against sitting, kneeling, or lying within twenty (20) feet of the entrance to a business establishment during business hours shall not apply to any person who is: (1) As a result of a disability, utilizing a wheelchair, walker or similar device to move about the public sidewalk; (2) Sitting or lying down due a medical emergency; (3) Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted pursuant to a street use or other applicable permit; (4) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.; (5) Sitting on a chair supplied by the City or the Downtown Development Authority for use in the occupied location; (6) Age 13 or under; (7) Operating a commercial establishment or vending cart, or carrying out other activities pursuant to a license, permit, or other authorization; or (8) An employee or agent of the City or Downtown Development Authority, acting within the scope of his or her employment. Section 3. That Section 17-40 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-40. Trespass; trespass on railroad property. … (b) No person shall climb, sit, lie, stand upon, or otherwise occupy, any sculpture, statue, planter, or other object situated on public or private property, without the express consent of the owner thereof, unless and to the extent such object is designed, intended and made available to the general public for such use. Packet Pg. 354 -4- … Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 355 Agenda Item 25 Item # 25 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council WITHDRAWN FROM CONSIDERATION STAFF John Stokes, Natural Resources Director Mark Sears, Natural Areas Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 020, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Running Deer Natural Area to Big Foot Properties, LLC. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider the proposed sale of approximately 11.85 acres of land to Big Foot Properties, LLC, (Roger Hageman, Hageman Earth Cycle (HEC)). About eight months ago, the City Manager’s Office inquired about the possibility of selling approximately 15 acres of land to HEC. The land was purchased by the City’s Natural Areas Department eighteen years ago, along with additional land for Running Deer Natural Area. Prior to the City’s purchase, the 15 acres was leased by HEC for the operation of a yard waste/organic material recycling business. The land has continued to be leased to HEC and the current lease will expire in 2018. The proposed sale area has been reduced to 11.85 acres after exclusion of a wetland and boundary adjustments. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council considered the proposed land sale on January 17, 2017 and postponed action until staff was able to research and respond to two additional options: (1) A long-term lease; and, (2) a sale of the land without restrictions to maximize value and to enable purchase of additional lands along the Poudre River. Council also directed staff to develop land disposition and leasing guidelines (Attachments 9 and 10). The original proposal to City Council contemplated a sale Hageman Earth Cycle that would have restricted the use of the site until the business ceased to operate. Upon cessation of business activities, the City would have the option of buying back the property at an indexed value. Staff discussed Option 1, a long-term lease, with Roger Hageman. He stated that he would not consider a long-term lease; it would not work for him. If he is not able to purchase the land, he may discontinue the organic recycling aspect of his business. With respect to Option 2, a sale without restrictions, the appraisal determined that the value of the property with its current T-Transitional zoning ($255,000) is the same as the value of the property with the proposed deed restrictions (Attachment 8-excerpt from the appraisal). T-Transitional zoning limits the site to its existing use although the zoning could be changed with Planning and Zoning Board approval. Roger Hageman has verbally agreed to pay $300,000 for the 11.85 acres without Agenda Item 25 Item # 25 Page 2 restrictions. While the City would net an additional $45,000, it would forego the deed restrictions limiting the use of the site to organic recycling and the guaranteed buyback provision if the business were to cease operations. Based on Mr. Hageman’s response to Option 1, and the fact that Option 2 does not provide the same level of protection to the site as the original proposal, staff believes the original proposal best meets and protects the City’s interests. Additional Background and Original Proposal The 11.85 acres were acquired as part of a 94.82-acre purchase in 1998 from Flatiron Companies for $6,540 per acre. The current appraised value of the 11.85 acres with the restrictions as described below is $21,610 per acre or a total of $255,000. Proceeds from the sale of any natural area must be reinvested by the City in natural area initiatives; the proceeds may not be diverted to another purpose. As a matter of practice, lands acquired by the City for natural area purposes are not sold. Occasionally, the Natural Areas Department will acquire land that it intends to sell in the future. In addition, occasionally, an unexpected situation or opportunity arises that might warrant a sale. Those situations are described more fully in the attached Land Disposition Guidelines. The proposed sale is best aligned, although not perfectly, with Guideline 3: “A parcel is purchased that no longer meets the intent for which it was purchased.” The Guidelines also note that Council may direct staff to sell property for any purpose it deems appropriate. Moreover, as the Guidelines note in their introduction, “it is not possible to anticipate every situation that could arise.” Based on these considerations, staff believes the sale is congruent with the Guidelines. Natural Areas proposes to sell the 11.85 acres of land with the following restrictions and conditions: Per a Warranty Deed Restriction the 11.85 acres of land can only be used for recycling yard waste and other organic materials and no permanent structures can be constructed. The City’s Natural Areas will have the right to buy back the 11.85 acres of property as described in a Buyback Agreement (which will be a recorded document and referred to in the Warranty Deed) if the owner decides to no longer use the land for recycling yard waste and other organic materials. o The buyback price will be the $255,000 purchase price plus an escalator. The escalator will be calculated by multiplying the purchase price times the percentage difference between the Larimer County Assessor’s assessed value of the property in the first full tax year after the date of the deed, and the assessed value of the property as of the date of the sale offer. o The property must be in a clean and well-graded state, more specifically described as: no hazardous materials left on site; no environmental remediation needed per the City’s Phase I and/or Phase II reports; all stock piles of materials removed; all berms removed; and all owner’s equipment and materials removed. o If the owner does not clean up the property, the City may decide to close on the property and deduct from the sale price the City’s reasonable estimated costs to clean up the site. If the City decides not to purchase the land back, the deed restriction will be released and the owner or future owners will be able to pursue other uses for the land as may be allowed through the planning and zoning process at the time. Prior to closing, the buyer will remove berms from the portion of the property that the City will be keeping. Natural Areas will reseed disturbed areas on retained City property. Hageman is required to construct and vegetate earth berms to provide screening in certain locations, and agrees to deposit $10,000 in escrow for a period up to five years. Once the berms and vegetation meet certain standards, the City will release the escrowed funds. If Hageman has not met the standards prior to five years, the escrow funds will be released to the City. Natural Areas will construct a double rail wooden fence along certain boundaries to define the boundary, to minimize trespassing, and to help catch blowing trash. Natural Areas will install carsonite boundary markers every 40’ and at corners in certain areas to define the Agenda Item 25 Item # 25 Page 3 boundary. The land can only be used for recycling yard waste and other organic materials and no permanent structures can be constructed. CITY FINANCIAL IMPACTS Big Foot Properties, LLC, (Hageman Earth Cycle) will pay Natural Areas $255,000 for the approximately 11.85 acres of land. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board (LCSB) voted unanimously, at its regular meeting on December 14, 2016 to recommend that City Council not approve the sale of approximately 11.85 acres of land that originally was purchased with Running Deer Natural Area. (Attachments 2-5) The Board recommends a compromise: grant a 10 year lease along with the possibility of two 5-year extensions. The Natural Resources Advisory Board voted 7-1, at its regular meeting on December 14, 2016 to recommend that City Council not approve the sale of approximately 11.85 acres of land that originally was purchased with Running Deer Natural Area. (Attachment 6) PUBLIC OUTREACH Staff held two meetings on site for members of Council and the Land Conservation and Stewardship Board (LCSB) to tour the Hageman Earth Cycle property and the Running Deer Natural Area property being proposed to sell. Staff discussed the proposed sale with the LCSB at three regular meetings and with the Natural Resources Advisory Board at one regular meeting. City Council considered the proposal at its January 17 meeting. ATTACHMENTS 1. Hageman Site Location (PDF) 2. Land Conservation and Stewardship Board Memo, September 8, 2016 (PDF) 3. Land Conservation and Stewardship Board Memo, November 1, 2016 (PDF) 4. Land Conservation and Stewardship Board minutes, December 14, 2016 (PDF) 5. Land Conservation & Stewardship Board memo, August 7, 2017 (PDF) 6. Natural Resources Advisory Board Memo, December 21, 2016 (PDF) 7. Hageman Site Work Exhibits (PDF) 8. Appraisal Excerpt (PDF) 9. Land Disposition Guidelines (PDF) 10. Land Lease Guidelines (PDF) 11. Powerpoint presentation (PDF) Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Hageman Site Location Created by City of Fort Collins Natural Areas - 2016 Hageman Site Location City of Fort Collins NA Larimer County DNR City of Loveland NA CSU State of Colorado GOV.GMA 0 0.5 1 2 3 Miles ² ATTACHMENT 25.1 1 Packet Pg. 359 Attachment: Hageman Site Location (5702 : Big Foot Properties - Running Deer) Natural Areas Department 1745 Hoffman Mill Road PO Box 580 Fort Collins, CO 80522 970.416.2815 970.416.2211 - fax fcgov.com/naturalareas DATE: September 8, 2016 TO: Mayor and City Council members FROM: Kent Leier, Chair, Land Conservation and Stewardship Board RE: Proposed sale of Natural Areas land to Hageman Earth Cycle The Land Conservation and Stewardship Board (LCSB) would like to reiterate our strong opposition to the sale of Running Deer land to a private business. We voted unanimously on June 8, 2016, to oppose the sale of a portion of the Running Deer Natural Area for a non-natural area use--i.e. sale to Hageman Earth Cycle (HEC) and we remain unanimous in our recommendation. We encourage the Council to protect our valuable Running Dear Natural Area by opposing this sale. We do believe that a moderate lease extension is a reasonable solution to support the City’s mulching goals. The Board opposes such a sale based on the following: 1. The Board believes that the Natural Areas Department (NAD) being urged to sell natural area land for a non-natural area use sets a negative precedent that is a breach of trust of our citizens who voted overwhelmingly to tax themselves to conserve open land. The latest extension of the County Open Space Yes tax won by an unprecedented 82% in the County—even higher in the City of Fort Collins. Any sales of Natural Area land will be perceived as a violation of trust by the Citizens of Fort Collins. 2. Such a sale is not in keeping with the mission of the Natural Areas program. The primary mission of the Natural Areas Department is the conservation and restoration of land and habitat. It is not to provide private business opportunities regardless of the use or the City's support of that use. The previous landowner sold this land to NAD with the understanding that it would be preserved as open space and habitat. It is extremely important that NAD maintain the trust of willing land sellers for the program's future success. 3. When restored, these 15 acres of Running Deer Natural Area will provide valuable upland habitat in close proximity to the riparian areas of the Poudre River. These restored acres will add significant habitat diversity available to wildlife along this key segment of the river. 4. Previously, the LCSB/NAD has operated in good faith agreeing with the temporary rental of this property with the future goal of habitat restoration. It was made very clear that these leases should be temporary and Hageman Earth Cycle (HEC) was asked to locate other property if necessary to augment their currently owned property along Prospect Road. HEC has had many years to pursue other options. ATTACHMENT 2 25.2 Packet Pg. 360 Attachment: Land Conservation and Stewardship Board Memo, September 8, 2016 (5702 : Big Foot Properties - Running Deer) 2 HISTORY: June, 1998: Flatiron Companies sold the 15 acres in question to the City NAD in lieu of selling the property to Mr. Hageman, though he expressed interest in the purchase. HEC has been leasing the land from the City’s NAD since this time. There is a long documented history of the City’s commitment to restoring this valuable habitat and in communicating to Mr. Hageman that this lease is temporary. HEC’s failure to secure another site should not be borne by the habitat of Running Deer nor the Citizens of Fort Collins. The City has been more than accommodating with over 18 years of total lease extensions and has been very clear in setting expectations that other land needed to be found. A few examples include: 1. Dec. 18, 2000: A letter to Mr. Hageman from the City Manager states that the “sale of the property would not be in the best interests of the City and would be contrary to several policies adopted by the City Council. The City’s Comprehensive land use plan identified this area as open land which is not intended to be developed, now or in the future.” 2. Jan. 5, 2001: a letter from Mr. Hageman to a Council member reiterates that he will “most likely need to shut down the receiving of compostable material and notify those who use our facility of the closure” if the land is simply leased and not sold to him. However, HEC’s operation has remained consistently in business. 3. Jan. 9, 2001: memo from the NAD Director to the City Manager states that in 1999 the City had found two viable properties as alternatives and offered to work “in a collaborative relationship”. It is noted that in 2000, the NA Director also discussed the mulching options with Larimer County who was interested in looking at wood/yard waste diversions on their property and HEC was encouraged to work with Larimer County. All options were rejected by HEC. 4. April 25, 2001: A memo from the NA Board to Council stated that “it is important for the City to begin the restoration of the property and integrate it into the remainder of Running Deer Natural Area within a reasonable amount of time.” LONG RANGE STRATEGY: The City needs a long range strategy for organic materials mulching and composting: At best the 15 acres currently being leased to supplement the HEC operation is only a stop gap measure. A much larger site overall will be needed to accommodate the City’s growth. Plus, this site is not appropriate to compost material. The need for a larger, comprehensive facility is underlined by the fact that currently the nearest composting facility is in Fort Lupton. We understand the long range planning by the County’s Regional Wasteshed Coalition formed in anticipation of the County landfill closure in 2025 includes an evaluation of an organics processing facility. A lease of up to 20 years is more than adequate to deal with the shorter term needs of the City. COMPROMISE: The LCSB has already offered a very generous compromise. In this spirit the LCSB has recommended that NAD grant another 10-year lease along with the possibility of two 5-year extensions of leasing this land to support the City's sustainability goal of yard waste mulching. This gives the City and HEC ample opportunity to search for a permanent and long range solution that does not involve City Natural Area lands. We encourage the City to continue to pursue the possible partnership with Larimer County's Solid Waste Department as there are advantages of 25.2 Packet Pg. 361 Attachment: Land Conservation and Stewardship Board Memo, September 8, 2016 (5702 : Big Foot Properties - Running Deer) 3 co-locating organic waste recycling with other waste management activities. (And has the current landfill site been evaluated for a potential mulching location when this site is vacated by the County?) An appropriate future site for mulching operations could, be on a publicly owned, privately operated resource recovery site. PROTECTION OF VALUABLE HABITAT: the LCSB strongly recommends that the following actions be taken to minimize the impact on the Running Deer Natural Area habitat. These actions are needed regardless of lease or sale: 1. A barrier of land around the perimeter of the property used by Hageman should include a buffer zone complete with adequate berms and native plantings. This barrier to be provided by HEC and approved by NAD is needed to protect the view shed and habitat for birds and other wildlife using Running Deer and surrounding natural areas. 2. Moreover, a small wetland contained within the center of the property should be exempt from a sale and retained by NAD and preserved as wildlife habitat. It is difficult to determine the exact amount of land required to be held out of the sale for habitat protection without an on-the-ground survey, but an estimate would be approximately 3-4 acres. In the case of a lease extension, this wetland area will be protected by HEC and not used in the operation. 3. Land use by HEC should be feathered in intensity so that the higher intensity of noise and commotion occur in the center and north areas, away from the edges to reduce the noise and visual impacts to Running Deer habitat. 4. Other issues needed to be addressed include: stream protection, height of material piles, placement of roads, lighting, and other protective and aesthetic concerns. 5. NAD personnel should no longer be the Point of Contact for the city in its relationship with HEC. This responsibility should pass to someone within the Sustainability Department. The Sustainability Department will need to monitor to ensure the protective requirements are being met. 6. In case of a sale, a detailed map of land use and improvements proposals will need to be submitted by HEC for NAD approval before any sale takes effect. 7. All the above criteria should be specific and enforceable and be included in a lease extension agreement or sale contract. PROTECTING ALL NATURAL AREAS FROM SALES FOR OTHER USES: If a sale would occur, a clear statement must be made by Council that this is an exceptional case and does not establish a precedent for selling natural area properties. The latest extension of the County Open Space Yes tax won by an unprecedented 82%. Sales of Natural Area land will be perceived as a violation of trust by the Citizens of Fort Collins. 25.2 Packet Pg. 362 Attachment: Land Conservation and Stewardship Board Memo, September 8, 2016 (5702 : Big Foot Properties - Running Deer) Natural Areas Department 1745 Hoffman Mill Road PO Box 580 Fort Collins, CO 80522 970.416.2815 970.416.2211 - fax fcgov.com/naturalareas MEMORANDUM DATE: November 1, 2016 TO: Mayor & City Councilmembers FROM: Kent Leier, Chair, Land Conservation and Stewardship Board RE: Sale of portion of Running Deer Natural Area The LCSB continues to strongly oppose the proposed sale of a portion of Running Deer Natural Area (RDNA) to Hageman Earth Cycle (HEC), which currently leases and occupies the land in question. The Natural Areas Department (NAD) recommends selling the land with deed restrictions requiring: (1) current use only; and (2) a first offer of sale to the City at the current price adjusted by a pre-agreed inflation factor. If the situation were reversed, with HEC now owning the land and offering it for sale at a fair price, then LCSB would be recommending its purchase, ecological restoration, and addition to RDNA—where it would provide valuable upland habitat and protection of the Prospect Rd viewshed. Sale of the parcel unnecessarily introduces uncertainties about its long term fate. First, the timing of opportunity for repurchase from HEC becomes unclear. Second, if HEC offers the land for sale and the City does not exercise its repurchase option, then the land may be converted to any use allowed by zoning, potentially adversely affecting both the land’s condition and later opportunities for repurchase. If unforeseen circumstances, such as bankruptcy of HEC, were to occur, then the future of the parcel becomes even murkier. The increasing difficulty and expense of acquiring land for Natural Areas within the Urban Growth Area argues against the uncertainties involved in this proposed sale—uncertainties that can be avoided entirely by retaining title to the property. LCSB and others have previously commented on the potential for perceived breach of City fiduciary responsibility when selling Natural Area lands. This proposed sale has been rationalized by HEC’s continuous occupation of the site, which began before City ownership. Nevertheless, the public voted to tax itself for purchase of Natural Areas, and the same public reasonably expects that Natural Areas will be passed to generations yet to come, and that Natural Areas will not be sold for the shorter term convenience of commercial interests. LCSB recognizes the valuable services that HEC provides to the City, but LCSB asserts that the preservation of Natural Areas is a higher purpose and that HEC can operate successfully elsewhere. With the City and County working toward new waste processing facilities, LCSB believes that waste processing sites will be good candidates for relocation of HEC operations. A new lease of the RDNA parcel to HEC—with termination of the lease coupled to opening of new waste facilities—would be, in LCSB’s opinion, the best plan. ATTACHMENT 3 25.3 Packet Pg. 363 Attachment: Land Conservation and Stewardship Board Memo, November 1, 2016 (5702 : Big Foot Properties - Running Deer) Land Conservation & Stewardship Board December 14, 2016 Meeting Minutes Excerpt Running Deer Natural Area – Proposed Land Sale to Hageman Earth Cycle John Stokes, Director of Natural Areas Department, made a brief presentation and reported on the Natural Resources Advisory Board’s reaction to the Running Deer Natural Area property sale. He and LCSB Members Joe Piesman and Raymond Watts attended the NRAB meeting this evening. John reported they voted 7-1 vote to recommend that Council not approve the sale of the property. John reviewed a handout that described the changes that would be made to the site should the sale should go forward. Discussion Board members, although opposed to the sale of the land, were very appreciative to Mark and John for listening to the board’s recommendations, the sale conditions, implementing some of those recommendations and being patient with the board’s opposition to selling the land. Raymond asked if City Council agreed to a lease instead of the sale would all the recommendations and stipulations remain the same in the lease. Mark agreed that the site changes being proposed would remain should a lease be the final outcome. Kelly feels that without seeing the actual purchase agreement document he would remain opposed to the sell. He stated that he would oppose future land sales if he is not allowed to see the actual purchase agreement document. Kelly later clarified that wouldn’t apply to land purchases. Vicky made the recommendation that the board insert the word “not” before the suggested recommendation language in the memorandum and insert “please see the attached memo”. The motion was rescinded and restated: Trudy clarified that Mark will attach the previously prepared LCSB memo to the Council Agenda Item Summary. Trudy made a motion continue with the LCSB decision to not sell the Running Deer Land. Joe Piesman seconded the motion. Trudy made a motion that City Council not approve the sale of approximately 11.85 acres of land originally purchased for Running Deer Natural Area, please see the attached memorandum. Joe Piesman seconded the motion. The motion was unanimously approved. ATTACHMENT 4 25.4 Packet Pg. 364 Attachment: Land Conservation and Stewardship Board minutes, December 14, 2016 (5702 : Big Foot Properties - Running Deer) MEMORANDUM DATE: August 7, 2017 TO: Mayor & City Council Members FROM: Ed Reifsnyder, Chair, Land Conservation and Stewardship Board RE: Sale of portion of Running Deer Natural Area We understand that the proposed sale of a portion of Running Deer Natural Area to Hageman Earth Cycle is coming up for consideration by City Council. The Land Conservation and Stewardship Board, seeing the Council’s scheduled consideration, again discussed the proposed sale at its meeting on July 12, 2017. The Board has affirmed its opposition to the sale, as expressed in our memo of November 1, 2016, a copy of which is attached for your convenience. Thank you. ATTACHMENT 5 25.5 Packet Pg. 365 Attachment: Land Conservation & Stewardship Board memo, August 7, 2017 (5702 : Big Foot Properties - Running Deer) Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE: December 21, 2016 TO: Mayor and City Council Members FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB) SUBJECT: Proposed sale of 11.85 acres of Running Deer Natural Area At our December meeting, the NRAB considered the sale of a small portion of Running Deer to Hageman Earth Cycle (HEC). We had available to us a variety of material from the Natural Areas (NA) staff, from the Land Conservation and Stewardship Board (LCSB), and our own personal experiences with Running Deer and HEC. We also were aware that the NRAB previously recommended terminating the HEC lease and moving to reclaim this land in 2001. On a vote of seven to one, our recommendation to Council is to not sell the land to HEC. I think it is fair to say that the vote was difficult. Both NA staff and the LCSB have made excellent points that, in a way, have served to sharpen the major points of disagreement on this matter. Our Board’s discussion was wide-ranging, covering such topics as the potential precedent of selling a portion of a natural area to a private business, the future of recycling yard and other organic waste in our ever-changing ‘wasteshed’ environment, the potential to restore the area if retained, the convenience of the site for drop-off, and a variety of alternatives including lease terms and resale considerations. Though many board members expressed support for a long- term lease, the motion was silent regarding the immediate fate of any lease. I also wish to make it clear that the NRAB very much values the services currently performed by HEC and we hope that both they and the City find ways to continue to mutually benefit one another. Regardless of Council’s decision on this specific matter, we believe it is imperative that you ensure that appropriate open space and natural areas policy documents clearly state that the default answer is “No” to any requests for sale of those lands. Rarely, there may be a reason to sell or trade some lands acquired under the program, but only if unambiguously warranted to achieve the program’s goals and operational objectives, better protect the fringes of those lands, or enhance the overall value of this stellar program that our citizens have overwhelmingly supported in multiple elections. We hope we have added value to this interesting discussion. ATTACHMENT 6 25.6 Packet Pg. 366 Attachment: Natural Resources Advisory Board Memo, December 21, 2016 (5702 : Big Foot Properties - Running Deer) 2 Respectfully Submitted, John Bartholow Chair, Natural Resources Advisory Board cc: Darin Atteberry Katy Bigner John Stokes 25.6 Packet Pg. 367 Attachment: Natural Resources Advisory Board Memo, December 21, 2016 (5702 : Big Foot Properties - Running Deer) 0 50 100 200 400 feet 50’ STREAM BUFFER + 100’ WETLAND BUFFER N. PROSPECT RD. POTENTIAL PROSPECT RD. WIDENING ROW: WIDTH TBD BY CITY ENGINEERING LEGEND HAGEMAN PARCEL WETLANDS + WATER BODIES WETLAND | STREAM | DITCH BUFFERS: 50’-100’ EXISTING TOP OF BERM AREAS TO REMAIN IN NATURAL AREAS POSSESSION 2.73 acres have been extracted from the parcel in question and will remain in the possession of the Natural Areas Department. The areas are comprised of a combination of buffers of various types that are annotated on the map. RUNNING DEER NATURAL AREA APPROXIMATE DIMENSIONS+ AREA OF POTENTIAL REDEVELOPMENT: HAGEMAN OWNED All setbacks, buffers and building envelopes to be set during the development review process. Potential improvements may include the relocation of the main office, the relocation of the scale, and the reconfiguration of site circulation. Future City projects (such as the widening of Prospect Rd.) may impact site development. AREA TO BE SOLD TO HAGEMAN 11.85 acres available to be purchased by Hageman to support materials processing. To facilitate future management, selected buffer zones have been extracted from the parcel and will remain in Natural Areas possession. + Diagram only: not to scale. ++ Survey required. 299’ 456’ 452’ 253’ 115’ 100’ 65’ 400’ fence start switch to carsonite fence end 452’ 2.30 ACRES .43 ACRES 11.85 ACRES 14.58 TOTAL ACRES 393’ 15’ 50’ CONVEYANCE BUFFER Proposed property line to be surveyed; Hageman to relocate and reconstruct berms off NAD property prior to closing. 0 50 100 200 400 feet 50’ STREAM BUFFER + 100’ WETLAND BUFFER N. PROSPECT RD. POTENTIAL PROSPECT RD. WIDENING ROW: WIDTH TBD BY CITY ENGINEERING LEGEND HAGEMAN PARCEL WETLANDS + WATER BODIES WETLAND | STREAM | DITCH BUFFERS: 50’-100’ EXISTING TOP OF BERM AREAS TO REMAIN IN NATURAL AREAS POSSESSION 2.73 acres have been extracted from the parcel in question and will remain in the possession of the Natural Areas Department. The areas are comprised of a combination of buffers of various types that are annotated on the map. RUNNING DEER NATURAL AREA APPROXIMATE DIMENSIONS+ AREA OF POTENTIAL REDEVELOPMENT: HAGEMAN OWNED All setbacks, buffers and building envelopes to be set during the development review process. Potential improvements may include the relocation of the main office, the relocation of the scale, and the reconfiguration of site circulation. Future City projects (such as the widening of Prospect Rd.) may impact site development. AREA TO BE SOLD TO HAGEMAN 11.85 acres available to be purchased by Hageman to support materials processing. To facilitate future management, selected buffer zones have been extracted from the parcel and will remain in Natural Areas possession. + Diagram only: not to scale. ++ Survey required. 299’ 456’ 452’ 253’ 115’ 100’ 65’ 400’ fence start switch to carsonite fence end 452’ 2.30 ACRES .43 ACRES 11.85 ACRES 14.58 TOTAL ACRES 393’ 15’ 50’ CONVEYANCE BUFFER No berm required. Existing fence to be removed by City in cooperation with Hageman. A double rail fence to be installed BOUNDARY DEMARCATION | PLANTED BERMS 4:1 SLOPE | 5’ TALL 4:1 SLOPE | 2’-6” TALL 20’ 10’ 2’-6” 5’ NATURAL AREAS | HAGEMAN PROPERTY LINE NATURAL AREAS | HAGEMAN PROPERTY LINE PERFORMANCE STANDARD FOR THE ESTABLISHMENT OF VEGETATION ON THE BERMS: The vegetation will be considered established when native vegetation represents > seventy percent (70%) of the vegetation on site, and no bare spots larger than one square meter are present. The adequacy of foliage and ground cover shall be determined by the Natural Areas Environmental Planner. For seeding, the attached custom seed mix is recommended by the Natural Areas Department and is to be hand-broadcast. The mix can be acquired from: Granite Seed | Contact: Miranda McCutchen E-mail: miranda@graniteseed.com Direct: 720-496-0592 Cell: 720-541-0860 For shrub establishment, Natural Areas recommends that seed from naturally occurring Rubber Rabbitbrush (Ericameria nauseosa) be collected from adjacent specimens at Running Deer Natural Area and hand-broadcast on berms. Natural Areas will assist with seed collection and broadcasting. To support vegetation establishment, the Natural Areas Department recommends seasonal mowing. Broadcast spraying is discouraged to protect water quality, and spot spraying is recommended only in limited applications where species can be appropriately identified as noxious weeds. 25.7 Packet Pg. 370 Attachment: Hageman Site Work Exhibits (5702 : Big Foot Properties - Running Deer) Salt and pepper grass Deschampsia caespitosa 0.02 Inland Saltgrass Distichlis stricta 0.09 Canada Wild Rye Elymus canadensis 0.41 Bottlebrush squirreltail Elymus elymoides 0.25 Needleandthread Hesperostipa comata 0.41 Prairie Junegrass Koeleria macrantha 0.02 Green Needlegrass Nassella viridula 0.26 Switchgrass Panicum virgatum 0.18 Western Wheatgrass Pascopyrum smithii 0.41 Marsh bluegrass Poa palustris 0.05 Little Bluestem Schizachyrium scoparium 0.18 Yellow Indiangrass Sorghastrum nutans 0.35 Alkali Sacaton Sporobolus airoides 0.03 Sand Dropseed Sporobolus cryptandrus 0.01 Mix Total 8.35 Contractor is responsible for providing seed tags. This mix includes Pure Live Seed (PLS); contractor must order it that way. All materials furnished shall be free of Colorado State noxious weeds as defined in Article III, Section 21-40 of the Code of the City of Fort Collins. For questions or concerns, please call: Crystal Strouse Natural Areas Technician/Botanist Cell – 970-402-6385, Office – 970-416-2133 CUSTOM SEED MIX 25.7 Packet Pg. 371 Attachment: Hageman Site Work Exhibits (5702 : Big Foot Properties - Running Deer) ATTACHMENT 8 25.8 Packet Pg. 372 Attachment: Appraisal Excerpt (5702 : Big Foot Properties - Running Deer) ATTACHMENT 9 25.9 Packet Pg. 373 Attachment: Land Disposition Guidelines (5702 : Big Foot Properties - Running Deer) 25.9 Packet Pg. 374 Attachment: Land Disposition Guidelines (5702 : Big Foot Properties - Running Deer) ATTACHMENT 10 25.10 Packet Pg. 375 Attachment: Land Lease Guidelines (5702 : Big Foot Properties - Running Deer) 1 Running Deer | Land Sale to Hageman John Stokes and Mark Sears, Natural Areas 8-15-17 Image: Google Earth ATTACHMENT 11 25.11 Packet Pg. 376 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Context Map 2 Hageman Property Current Leased Area 0 50 100 200 yds. 25.11 Packet Pg. 377 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Exhibit Map 3 Hageman Property Land to be Purchased 0 100 200 400 feet 25.11 Packet Pg. 378 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Council Follow up from January 17 • Explore long-term lease • Sale of the land without restrictions • Develop land disposition Guidelines 4 25.11 Packet Pg. 379 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Sale Versus Lease 5 • LCSB and NRAB oppose the sale – concern about setting precedent • LCSB recommends long term lease – up to 20 years Image: Google Earth 25.11 Packet Pg. 380 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Land Disposition Guidelines • Parcel no longer meets the intent for which it was purchased • Guidelines note that not every situation can be anticipated • Council can direct staff to sell any property • Sale proceeds may only be used for natural area purposes 6 25.11 Packet Pg. 381 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Rationale for Sale 7 • HEC was leasing the land when NA’s acquired it 18 years ago • HEC needs certainty of ownership to make investments in business • HEC’s recycling of yard waste is an important service to the community 25.11 Packet Pg. 382 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) Restrictions on Sale 8 • Only selling 11.85 acres – NA’s will retain the 2.73 acres of wetlands • Land can only be used for recycling organic waste • No permanent structures can be constructed • NA’s to retain buyback right at $255,000 plus escalator 25.11 Packet Pg. 383 Attachment: Powerpoint presentation (5702 : Big Foot Properties - Running Deer) -1- ORDINANCE NO. 020, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT RUNNING DEER NATURAL AREA TO BIG FOOT PROPERTIES, LLC WHEREAS, the City is the owner of a parcel of land located in northeast Fort Collins known as Running Deer Natural Area (the “City Property”); and WHEREAS, the City acquired the City Property from Flatiron Companies in 1998 for Natural Areas purposes; and WHEREAS, when the City acquired the City Property Flatiron Companies was leasing a 15 acre portion of the property (the “Lease Parcel”) to Hageman Earth Cycle, Inc. (“HEC”) for uses related to a yard waste recycling business operated by HEC on adjacent property; and WHEREAS, the Lease Parcel is more particularly described on Exhibit “A”, attached and incorporated herein by reference; and WHEREAS, in 2001 the City Council approved Ordinance No. 085, 2001, authorizing the lease of the Lease Parcel to HEC for up to five years; and WHEREAS, in 2006 the City Council approved Resolution 2006-048 extending the lease for an additional two-year period; and WHEREAS, the purpose of the initial lease and the extension was to allow HEC to find and move its operations to a new location; and WHEREAS, in 2008 HEC requested an additional ten-year extension on its lease, which the City Council approved by Ordinance No. 048, 2008, directing the City Manager to report annually on HEC’s compliance with regulatory requirements and efforts to relocate its business; and WHEREAS, HEC has not relocated; and rather than continuing to lease the Lease Parcel to HEC City staff is recommending that a smaller portion of the Lease Parcel comprising approximately 11.85 acres (the “Sale Parcel”) be sold to Big Foot Properties, LLC (“Big Foot”), a limited liability company owned by Roger Hageman, the owner of HEC; and WHEREAS, City staff and Mr. Hageman have discussed the possibility of entering into another long-term lease, but Mr. Hageman does not feel that option would work for his business; and WHEREAS, the Sale Parcel would be replatted prior to conveyance and a more particular description would be used in the deed conveying the Sale Parcel; and WHEREAS, the purchase price of the Sale Parcel would be the appraised value of $255,000; and Packet Pg. 384 -2- WHEREAS, the proceeds from the sale would be used for other Natural Areas purposes; and WHEREAS, because the Sale Parcel is adjacent to a City natural area, it would be sold subject to a deed restriction that the property can only be used for recycling yard waste and other organic materials, and no permanent structures can be constructed on it; and WHEREAS, the City would, by separate agreement (the “Buyback Agreement”), also retain a right to buy back the Sale Parcel if the owner ever decides to stop using it for the permitted purposes; and WHEREAS, pursuant to the Buyback Agreement, if the City decided not to exercise its right to repurchase the Sale Parcel the City would release the deed restriction and the land could then be used in accordance with the City’s then-applicable planning and zoning regulations; and WHEREAS, City staff believes selling the Sale Parcel to Big Foot is in the best interests of the City because the City spent money purchasing the Sale Parcel for Natural Areas purposes, but the Sale Parcel has never been used for such purposes and is unlikely to be in the near future, while selling the Sale Parcel would allow Natural Areas to recoup the value of the land and spend those funds for other Natural Areas purposes; and WHEREAS, selling the Sale Parcel will not substantially impair the conservation, ecological and recreational attributes of the City Property as a whole; and WHEREAS, City staff believes that selling the Sale Parcel is consistent with the Natural Areas Land Disposition Guidelines (“Guidelines”), as the Sale Parcel no longer meets the intent for which it was purchased, and the Guidelines allow the City Council to direct staff to sell property for any purpose it deems appropriate; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, 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 other 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 the conveyance of the Sale Parcel to Big Foot as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Sale Parcel on terms and conditions consistent with this Ordinance, including but not limited to, the Buyback Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary Packet Pg. 385 -3- or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Sale Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Section 4. That the City Manager is hereby authorized to execute, if necessary in the future, a release of the deed restriction on the Sale Parcel if the City’s right to repurchase the Sale Parcel is triggered and the City decides not to exercise such right, in accordance with the terms of the Buyback Agreement. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Packet Pg. 386 EXHIBIT A 1 Packet Pg. 387 Attachment: Exhibit A (5823 : Big Foot Properties-Running Deer ORD) Agenda Item 26 Item # 26 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Ginny Sawyer, Policy and Project Manager Bronwyn Scurlock, Legal SUBJECT Items Relating to the Submission of a City-Initiated Ordinance Relating to Medical Marijuana Businesses to a Vote of the Registered Electors of the City at the November 7, 2017, Special Municipal Election. EXECUTIVE SUMMARY A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. Resolution 2017-079 Submitting a City-Initiated Ordinance Dealing with Medical Marijuana Businesses to a Vote of the Registered Electors of the City at the Special Municipal Election to be Held on November 7, 2017, in Conjunction with the Larimer County Coordinated Election. The purpose of this item is to submit a City-Initiated Ordinance to the registered electors of the City at the November 7, 2017 special election. The proposed Ordinance amends Section 15-491 (a) and (b) of Article XVI of the City Code to allow Council to change or add any provisions in Chapter 15, Article XVI in order to stay current with state laws, rules and regulations relating to medical marijuana. Any protest of the proposed ballot language must be received no later than Monday, August 14, 2017, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of Resolution 2017-079. If protest(s) are received, copies will be included in Council’s “Read-before” packet. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Chapter 15, Article XVI of the City Code regulating medical marijuana businesses is the result of a citizen- initiated ordinance approved by the voters in November 2012. As such, the provisions contained therein can only be amended by the voters. However, since that time, state laws concerning medical marijuana businesses have changed considerably, and will continue to do so for some time. In order to address changes in the state law and to make new types of licenses available in Fort Collins, the voters would have to vote frequently on issues relating to medical marijuana. To facilitate updates to the City Code to reflect the most current laws, staff is proposing submitting a question to the voters that would allow Council to change or add provisions in Chapter 15, Article XVI of the City Code in order to stay current with applicable state laws, rules and regulations without going to the voters each time. Some of the changes in state law that should be or are desirable to be added to the City Code include, by way of example, changes in types of ownership structures, medical marijuana testing facilities, and research licenses. 26 Packet Pg. 388 Agenda Item 26 Item # 26 Page 2 Should the measure pass, Council is not obligated to make changes or add additional licenses. The measure is also written to clearly state that Council could only make changes in order to stay current with applicable state laws, rules and regulations, and not changes that would be contrary to or eliminate any of the original citizen language. According to the Colorado Municipal League. Fort Collins is the only municipality in Colorado that is operating under voter-approved licensing provisions. PUBLIC OUTREACH Staff met with representatives of the local marijuana business industry to discuss the limitation of a voter approved initiative, and to discuss staff’s desire to make it easier to amend the Code for consistency with State law. Original drafters of the citizen-initiated ordinance support updating the Code in order to stay current with applicable state laws, rules and regulations, and wanted to ensure that the referred ballot would not allow Code changes beyond the scope of staying current with state law. The proposed amendment to be put to the voters addresses both the needs of the City while protecting the original intent of the citizen-initiated ordinance. Staff does not anticipate any impact to the general public and staff informed TEAM Fort Collins of the initiative. A news release regarding the ballot measure was distributed to the news media on August 3, and subsequently posted on fcgov.com. ATTACHMENTS 1. Powerpoint presentation (PDF) 26 Packet Pg. 389 August 15, 2017 City Council Regular Meeting Marijuana Related Ballot Initiative ATTACHMENT 1 26.1 Packet Pg. 390 Attachment: Powerpoint presentation (5810 : Marijuana Ballot) Medical Marijuana Background § November 2010 - March 2011- temporary ban § March 2012 - licensing mechanism in place § October 2011 - 20 licensed medical marijuana centers § November 2011 - citizen initiated measure banning all marijuana businesses passes § February 14, 2012 - all businesses shut down § November 2012 - citizen initiated measure (#301) allowing medical marijuana businesses passes 2 26.1 Packet Pg. 391 Attachment: Powerpoint presentation (5810 : Marijuana Ballot) Rationale § #301 was citizen initiated, no changes may be made without a vote of the people § State continues to update medical marijuana regulations and the City is unable to reflect these changes in our code without a vote § Measure would only allow changes to reflect state changes § If passed, Council still has the option to not add additional license types 3 26.1 Packet Pg. 392 Attachment: Powerpoint presentation (5810 : Marijuana Ballot) Examples Examples of updates include additions of: § Types of ownership structures § Medical marijuana and research and testing facilities § Transporter licenses § Off-premise storage facilities 4 26.1 Packet Pg. 393 Attachment: Powerpoint presentation (5810 : Marijuana Ballot) Amended Section Sec. 15-491. - Administrative regulations; action by City Council. (a) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article. (b) The City Council shall be permitted to lessen any restriction contained in this Article. (c) The City Council shall be permitted to adopt additional provisions in this Article or change any provision in this Article in order to conform this Article to applicable state laws, rules and regulations. 5 26.1 Packet Pg. 394 Attachment: Powerpoint presentation (5810 : Marijuana Ballot) Ballot Question Shall the proposed Ordinance amending Section 15-491 of the Code of the City of Fort Collins be adopted, so as to allow the City Council to adopt additional provisions in or change any provision in Chapter 15, Article XVI of the City Code pertaining to Medical Marijuana Businesses in order to stay current with applicable state laws, rules and regulations? 6 26.1 Packet Pg. 395 Attachment: Powerpoint presentation (5810 : Marijuana Ballot) -1- RESOLUTION 2017-079 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A CITY-INITIATED ORDINANCE DEALING WITH MEDICAL MARIJUANA BUSINESSES TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2017, IN CONJUNCTION WITH THE LARIMER COUNTY COORDINATED ELECTION WHEREAS, on November 6, 2012, the registered electors of the City approved a citizen- initiated measure that became Chapter 15, Article XVI, of the City Code which strictly regulates, controls and permits a limited number of State-authorized medical marijuana businesses within the City of Fort Collins; and WHEREAS, pursuant to City Charter, Article X, Section 4, a citizen-initiated measure submitted to the registered electors of the City by the City Council, and adopted by electoral vote, cannot be repealed or amended except by a subsequent electoral vote; and WHEREAS, Section 15-491 (b) of the City Code authorizes the City Council to lessen any restriction in the provisions related to medical marijuana, but does not specifically allow for modifications to the provisions in order to stay current with new or additional state law provisions; and WHEREAS, the state marijuana laws, rules and regulations are ever-evolving; and WHEREAS, staff recommends that the City Council submit an initiated ordinance to the registered electors to add a new subsection to Chapter 15, Article XVI, Section 15-491 to permit the City Council to make amendments or additions to the City Code that are not contrary to and do not eliminate any of the 2012 citizen-initiated provisions except as provided in Sec. 15- 491(b), and that are current with the state laws, rules and regulations; and WHEREAS, Article X, Section 6 of the City Charter requires that the City Council conduct a public hearing and adopt a resolution in order to set a ballot title and submission clause for an initiative or referendum measure; and WHEREAS, the ballot title for the measure must identify the measure as either a city- initiated or citizen-initiated measure; and WHEREAS, the submission clause must be brief, must not conflict with those selected for any petition previously filed for the same election and must unambiguously state the principle of the provision sought to be added. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 396 -2- Section 2. That there is hereby submitted to the registered electors of the City at the special municipal election to be held on Tuesday, November 7, 2017, the following proposed City-initiated ordinance: ORDINANCE NO. 117, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A NEW SUBSECTION TO CHAPTER 15, ARTICLE XVI, SECTION 15- 491, OF THE CODE OF THE CITY OF FORT COLLINS PERMITTING THE CITY COUNCIL TO MAKE AMENDMENTS OR ADDITIONS TO ARTICLE XVI OF CHAPTER 15 OF THE CITY CODE IN ORDER TO STAY CURRENT WITH THE COLORADO MEDICAL MARIJUANA CODE, RULES AND REGULATIONS WHEREAS, the State of Colorado’s medical marijuana laws, rules and regulations are ever-evolving; and WHEREAS, it is the intent and desire of the citizens of the City of Fort Collins, in an effort to keep up with the ever-evolving state medical marijuana laws, rules and regulations, that a new Subsection (c) be added to Chapter 15, Article XVI, Section 15- 491 of the City Code that would permit the City Council of the City of Fort Collins to make amendments or additions to Article XVI in order to stay current with the state laws, rules and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, that a new Subsection (c) is added to Section 15-491 of Article XVI of the Code of the City of Fort Collins which reads in its entirety as follows: (a) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article. (b) The City Council shall be permitted to lessen any restriction contained in this Article. (c) The City Council, if it desires, shall be permitted to make amendments or additions to this Article in order to stay current with applicable state laws, rules and regulations, so long as such amendments or additions are not contrary to and do not eliminate any of the 2012 citizen-initiated provisions, except as provided in Sec. 15- 491(b). Section 3. That the foregoing proposed City-initiated ordinance is hereby submitted to the registered electors of the City at said special municipal election to be held on November 7, 2017, in substantially the following form: CITY-INITIATED PROPOSED ORDINANCE Shall the proposed Ordinance amending Section 15-491 of the Code of the City of Fort Collins be adopted, so as to allow the City Council, if it desires, to adopt amendments to or add provisions in Chapter 15, Article XVI of the City Code pertaining to Medical Marijuana Businesses in order to stay current with Packet Pg. 397 -3- applicable state laws, rules and regulations, so long as such amendments or additions are not contrary to and do not eliminate any of the 2012 citizen-initiated provisions, except as provided in Sec. 15-491(b)? ________ YES/FOR _______ NO/AGAINST Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of August, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Packet Pg. 398 along the NAD | Hageman boundary by NAD. A single block wall (2.5' tall) to be installed with a 4:1 sloped berm; results in a 10' wide planting strip from the top of berm to the NAD property boundary (toe of berm). Existing fence to be removed by City in cooperation with Hageman. Double rail fencing to be installed along the property line (at the toe of the slope) by NAD. No berm modification required+. Existing fence to be removed by City in cooperation with Hageman. A double rail fence to be installed along the NAD | Hageman boundary by NAD. Berm to remain where it is. NAD to put in carsonite markers ~ every 40 feet and at all corners. Berm to remain where it is; property line is not shared with NAD. A double block wall (5' tall) to be installed with a 4:1 sloped berm; results in a 20' wide planting strip from the top of berm to the NAD property boundary (toe of berm). Existing fence to be removed by City in cooperation with Hageman. A double rail fence to be installed along the NAD | Hageman boundary by NAD. EXHIBIT : WORK TO BE COMPLETED AFTER CLOSING 25.7 Packet Pg. 369 Attachment: Hageman Site Work Exhibits (5702 : Big Foot Properties - Running Deer) NAD to put in carsonite markers ~ every 40 feet and at all corners. Berm to remain where it is. NAD to put in carsonite markers ~ every 40 feet and at all corners. Berm to remain where it is; property line is not shared with NAD. +If the survey reveals encroachment of existing berms onto NAD property, berms will need to be removed from NAD property and reconstructed on Hageman property prior to closing. EXHIBIT : WORK TO BE COMPLETED PRIOR TO CLOSING Existing block wall, berm and stock piled materials will need to be removed from City property prior to closing. ATTACHMENT 7 25.7 Packet Pg. 368 Attachment: Hageman Site Work Exhibits (5702 : Big Foot Properties - Running Deer) Outdoor Classroom Cottage Planting Plant Select Garden Historic Grove Vehicle Access Food Trucks Gatehouse Existing Fence Portable Restrooms Bike Parking- 150 Bikes Single Track Adventure Trail Rock Outcrops/ Hogbacks Dry Stream Prairie Maze Overlook Weather station Gathering Area Potential Boardwalk Deck FOOTHILLS GARDEN PRAIRIE GARDEN S H E R W O O D L A T E R A L ATTACHMENT 1 22.1 Packet Pg. 282 Attachment: Overall Site Plan (5844 : Gardens on Spring Creek Appropriation) expense of such processes and cases. 19 Packet Pg. 219 $25.00 When defendant does not appear on or before a scheduled hearing date/time No change Did Not Comply Fee $25.00 When defendant fails to comply with condition(s) relating to an amended charge, deferred, or suspended penalty No change Did Not Pay Fee $25.00 When defendant does not pay or appear by the payment due date No change Jury Fee $25.00 When adult defendant files a jury demand on a misdemeanor case; Section 13-10-114(4), C.R.S.; Rule 223, C.M.C.R. No change Outstanding Judgment and Warrant Fee $30.00 When defendant fails to pay judgment or juvenile defendant does not appear; per Section 42-2-118(3)(c), C.R.S., half of this fee is remitted to the Colorado Department of Revenue by the Court No change 19 Packet Pg. 218 City Limits - Area Water Symbols Fossil Creek Reservoir Annexation Area Interstate Land ± Holdings Zoning Annexation Map City Zoning ZONE General Commercial (CG) Public Open Lands (POL) Annexation Area ATTACHMENT 2 15.2 Packet Pg. 196 Attachment: Zoning Map (5816 : Interstate Land Holdings Zoning) City Limits - Area Water Symbols Fossil Creek Reservoir Annexation Area Interstate Land ± Holdings Zoning Annexation Map City Zoning ZONE General Commercial (CG) Public Open Lands (POL) Annexation Area ATTACHMENT 3 14.3 Packet Pg. 187 Attachment: Zoning Map (5813 : Interstate Land Holdings Annexation) Fossil Creek Reservoir Annexation Area Interstate Land Holdings Annexation ± Vicinity Map Annexation Area ATTACHMENT 1 14.1 Packet Pg. 185 Attachment: Vicinity Map (5813 : Interstate Land Holdings Annexation) Murphy Center $27,200 $18,000 $18,933 70% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $49,000 $51,540 86% Team Fort Collins dba TEAM Wellness and Prevention: Pay it Forward-Alcohol Level II Classes $34,050 $0 $0 0% The ARC of Larimer County: Neuropsychiatric Evaluations for I/DD Populations $20,000 $0 $0 0% Packet Pg. 177 Shelter $70,000 $30,000 $31,555 45% ChildSafe Colorado: Child Sexual Abuse Treatment Program $40,000 $37,000 $38,918 97% Colorado Health Network : Northern Colorado AIDS Project (NCAP) $7,500 $7,500 $7,500 100% Crossroads Safehouse: Advocacy Project $118,727 $40,634 $42,741 36% Disabled Resource Services: Access to Independence $31,116 $30,000 $31,116 100% Elderhaus Adult Day Program: Community Based Therapeutic Care $53,000 $39,976 $42,048 79% Packet Pg. 176 Volunteers of America: Home Delivered Meal Service $38,500 $34,000 $35,763 93% Public Service Total $1,457,602 $859,069 $897,075 62% CITY FINANCIAL IMPACTS The CDBG and HOME programs provide federal funds from HUD to the City of Fort Collins which can be allocated to housing and community development related programs and projects and administration of the funds, thereby, reducing the demand on the City’s General Fund budget to address such needs These dollars allow applicants to leverage other funding sources to provide needed services in our community. Through the provision of affordable housing, more of Fort Collins’ work force can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. Public (Human) Service programs contribute to economic sustainability and homelessness prevention by providing such programs as education, childcare, counseling, and rent assistance, so workers can maintain their employment and housing. By providing funding to these programs for needed upgrades to their facilities 13 Packet Pg. 150 $36,500 $18,500 $19,459 53% Heart of the Rockies, Kids at Heart: Fundango $22,721 $0 $0 0% Homeless Gear: Murphy Center Programs $36,000 $30,000 $31,555 88% Homeless Gear: Homeless Gear Programs $35,000 $33,000 $34,711 99% Larimer County Partners: One to One Mentoring $15,000 $0 $0 0% Neighbor to Neighbor: Homelessness Prevention & 1st Month’s Rent $80,000 $80,000 $80,000 100% Neighbor to Neighbor: Housing Counseling $60,000 $32,500 $34,185 57% Project Self-Sufficiency: Creating Pathways to Self-Sufficiency $30,000 $30,000 $30,000 100% Project Self-Sufficiency: Healthy Families Program $30,000 $0 $0 $0 13 Packet Pg. 149 $15.00/hr. (16.61/hr. including FICA & Workers Comp. = $12,955.80) $15.00/hr. ($16.61hr. including FICA & Workers Comp. at 780hrs total) $12,955.80 1 Packet Pg. 136 Attachment: Exhibit A (5825 : Vida Sana Grant RESO) (c) all banners that are installed in banner frames shall be sized to fit the banner frame so that there are no visible gaps between the edges of the banner and the banner frame; (d) banners are not allowed if any of the following are present on the property: feather flag, yard sign, site sign, or swing sign; (e) any common line of pennants must be stretched tightly to avoid movement in windy conditions. Section 4. That Section 5.1.2 of the Land Use Code is hereby amended by the addition, amendment or deletion of the following definitions only: Banner shall mean a type of temporary or permanent sign that is painted or printed on cloth, vinyl, or other flexible material, that is designed to be stretched between poles, fence posts or wire, mounted in a free-standing frame, or hung on walls with ties, clips, Packet Pg. 75 Not Allowed Not Allowed 20 days Not Allowed Not Allowed 20 days TABLE NOTES: 1 alternatively, the sign type may be displayed for 360 days every two calendar years (b) Temporary signs that are required due to governmental regulation (e.g., public notices) shall be removed as required by the applicable regulation. (4) Administrative Interpretations. Materials for signage that are not listed in this Section 3.8.7.2(G) may be introduced into the market. When a material is proposed that is not listed in this Section 3.8.7.2(G), the Director shall determine the class of materials with which the new material is most closely comparable, based on the new material’s appearance, durability, and colorfastness. No temporary sign shall be displayed for a longer period than a site sign constructed of class 5 Packet Pg. 72 (“coroplast”) Wood or metal Packet Pg. 71 riders 5 sf., including riders Max. Sign Height N/A N/A 5 ft. 5 ft. Allowed Lighting N/A N/A None None Setbacks and Spacing N/A N/A 2 ft. from all property lines 2 ft. from all property lines Other Standards N/A N/A Swing signs shall be installed in permeable landscaped areas that are at least 4 ft. in every horizontal dimension and at least 20 sf. in area Swing signs shall be installed in permeable landscaped areas that are at least 4 ft. in every horizontal dimension and at least 20 sf. in area Feather Flags Max. # 1 per 100 ft. of property frontage or fraction thereof; may be clustered 1 per 100 ft. of property frontage or fraction thereof; may be clustered 1 per 100 ft. of property frontage or fraction thereof; may be clustered Not allowed Max. sign area 40 sf. 40 sf. 40 sf. N/A Max. sign height 15 ft. 15 ft. 15 ft. N/A Packet Pg. 70 1 per 600 ft. of property frontage or fraction thereof, provided that the area of the property is at least 2 acres; properties that are less than 2 acres shall not display site signs Max. Sign Area 16 sf. 32 sf. 32 sf. 32 sf. Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft. Allowed Lighting External, down directional and concealed light source External, down directional and concealed light source External, down directional and concealed light source External, down directional and concealed light source Setbacks and Spacing 2 ft. from front property lines 10 ft. from all other property lines 10 ft. from all other signs 12 ft. from building walls 2 ft. from front property lines 10 ft. from all other property lines 10 ft. from all other signs 12 ft. from building walls 2 ft. from front property lines 10 ft. from all other property lines 10 ft. from all other signs 12 ft. from building walls 2 ft. from front property lines 10 ft. from all other property lines 10 ft. from all other signs 12 ft. from building walls Packet Pg. 69 frontage or fraction thereof Residential Buildings: Not limited Nonresidential and Residential Mixed Use Buildings: 1 per 80 ft. of property frontage or fraction thereof Max. Sign Area (per sign) 6 sf. 8 sf. 8 sf. 6 sf. Max. Sign Height 4 ft. 4 ft. 4 ft. 4 ft. Allowed Lighting None None None None Setbacks and Spacing 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs 2 ft. from property lines; 2 ft. from all other signs Packet Pg. 68