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COUNCIL - COMPLETE AGENDA - 01/16/2018 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk 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 January 16, 2018 Proclamations and Presentations 5:30 p.m. None scheduled. Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. City of Fort Collins Page 2 • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] • CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Second Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates grant funds in the amount of $45,500 to fund the Victim Services Unit of Fort Collins Police Services for City of Fort Collins Page 3 victim advocacy services. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month grant by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour, 7-days/week services to victims of crime in the community. 2. Items Relating to Transfort's Regional FLEX Route to Longmont and Boulder. A. Second Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder. B. Resolution 2018-008 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for a Grant to Purchase Two New Buses for Transfort’s Regional FLEX Route to Longmont and Boulder. This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $1,200,000 for the purchase of two new buses for Transfort’s Regional FLEX route to Longmont and Boulder. Transfort was awarded $960,000 through a CDOT grant. This grant requires a local match of $240,000. On Second Reading, staff is presenting to Council Resolution 2018-008 which authorizes the Mayor to execute an intergovernmental agreement between the City of Fort Collins and CDOT for the purchase of the two new buses for the FLEX Regional Route. 3. Second Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to the General Fund for the James Ross Proving-Up House Restoration. This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates previously received grant funds of $16,080 received from the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins Historical Society for the restoration of the James Ross Proving-Up House. The total new appropriation is $19,437. The grant is matched by Historic Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior year reserves. The Ross Proving-Up House is the only “proving-up” or “filing” house associated with the 1862 Homestead Act still in existence in Larimer County. In preparation for its restoration, the building was moved last fall to a permanent location at The Farm at Lee Martinez Park, 600 North Sherwood Street. 4. Second Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Project and Transferring Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for Art in Public Places. This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $891,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and authorizes the transfer of appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Improvement Project. In addition, this item transfers $8,760 in prior year reserves from the Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct road and intersection improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections. City of Fort Collins Page 4 5. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. 6. Second Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City. This Ordinance, unanimously adopted on First Reading on January 2, 2018, approves a natural gas Franchise Agreement between the City of Fort Collins and the Public Service Company of Colorado (Public Service). Without a change in the financial burden to residents, this Franchise Agreement grants a non-exclusive franchise to Public Service to make reasonable use of City streets, public utility easements and other City property for Public Service’s provision of natural gas utility services within the City. The franchise fee will be equivalent to the current occupation tax imposed (1.07%) to compensate the City for the use of its property. The franchise fee rate can be increased by the City Council in the future by ordinance but at a rate not to exceed 3% of gross revenues. 7. Second Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Chief Judge. City Council met in executive session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen M. Lane. This Ordinance, unanimously adopted on First Reading on January 2, 2018, establishes the 2018 salary of the Chief Judge at 120,667 and total compensation at $149,125. 8. Second Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. City Council met in executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City Attorney. This Ordinance, unanimously adopted on First Reading on January 2, 2018, sets the 2018 compensation of the City Attorney at $194,259 and total compensation at $232,770. 9. Second Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the City Manager. City Council met in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry, City Manager. This Ordinance sets the 2018 compensation of the City Manager at $262,489 and total compensation at $319,320. City of Fort Collins Page 5 10. Items Relating to Broadband Facilities and Services. A. Second Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for Telecommunication Facilities and Services. B. Second Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. Ordinance No. 010, 2018, appropriates $1.8M of funding to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings). The operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 010, 2018, has been updated for Second Reading to reflect consistent data with the table used in the agenda item summary and staff presentation on First Reading. The revised table reflects the latest final planned budget for first year operation and maintenance expenses. Ordinance No. 011, 2018, amends City Code to authorize the City Electric Utility to begin implementing its provision of broadband facilities and services and to receive and expend the General Fund loan through the Light and Power Fund. The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These changes also include assigning to the City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband facilities and services. In response to discussion during consideration on First Reading, the revision to Code Section 2-491 presented on First Reading has been removed from Ordinance No. 011, 2018. A needed conforming change to the definition of “service area” in Code Section 1-2 has been substituted in as Section 2 of Ordinance No. 011, 2018. These revisions are shown in the Second Reading version of the Ordinance No. 011, 2018. Both Ordinances were unanimously adopted on First Reading on January 2, 2018. 11. First Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. The purpose of this item is to appropriate funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. The City Manager approved and signed both agreements. Pursuant to City Code Section 1-22 the City Manager has the authority to enter into both IGAs because the IGAs do not require the direct, monetary payment of more than $5,000 from the City, after reimbursement from Loveland, and the City Manager has determined that the IGAs do not entail significant policy decisions. City of Fort Collins Page 6 12. First Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. 13. First Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. The purpose of this item is to appropriate $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. 14. First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures and Amateur Drone Operation in Natural Areas and City Parks. The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect administrative responsibilities regarding permits, clarify various provisions, and provide additional consistency in provisions regulating activities in Natural Areas and Parks as stated in the City Code. 15. First Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". The purpose of this item is to amend Section 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. 16. First Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. The purpose of this item is to align City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. 17. Resolution 2018-006 Authorizing the Lease of 11.85 Acres of City-Owned Natural Area Property to Hageman Earth Cycle, LLC. The purpose of this item is for City Council to consider the proposed lease of approximately 11.85 acres of land to Roger Hageman, Hageman Earth Cycle (HEC). In January 2017, staff asked Council to consider selling 11.85 acres of land; Council did not approve the sale based in part on the Land Conservation and Stewardship Board’s recommendation to not sell the land. Council asked staff to City of Fort Collins Page 7 develop land disposition and land-leasing guidelines for its review. Four months ago, staff was directed by the City Manager to seek Council approval of a long-term lease rather than a sale. 18. Resolution 2018-007 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. The purpose of this item is to appoint 15 individuals to fill vacancies that currently exist on 6 various boards and commissions, due to expiration of terms on December 31, 2017. Applications were solicited during September, October, and November. Council teams interviewed applicants during December and January. Vacancies still exist on the Building Review Board; Housing Catalyst; and the Senior Advisory Board, work will continue to fill those vacancies. END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • STAFF REPORTS A. Fort Collins Efficiency Collaboration with Xcel Energy (staff: John Phelan) • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 19. Public Hearing and Second Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. (staff: Clay Frickey; 5 minute staff presentation; 30 minute discussion) This Ordinance, unanimously adopted on First Reading on December 19, 2017 approves with conditions, the Long Pond Wireless Telecommunications Addition of Permitted Use request (APU) City of Fort Collins Page 8 being made in conjunction with PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed- Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. On First Reading, three conditions of approval were adopted: one condition making the APU validity contingent upon subsequent Planning and Zoning Board approval of the associated PDP, one that reduced the height of the facility to 45 feet or less, and one requiring that the facility be located further north so it is closer to existing outbuildings. The City Council directed staff to research three additional conditions of approval. 20. First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events. (staff: Jan Sawyer; 5 minute staff presentation; 30 minute discussion) The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to be in alignment with current law and to more accurately reflect the City’s current processes and procedures for issuing Special Event Permits. • 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.) • ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Melissa Funk, Victim Services Supervisor David Pearson, Police Lieutenant Bronwyn Scurlock, Legal SUBJECT Second Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates grant funds in the amount of $45,500 to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month grant by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour, 7-days/week services to victims of crime in the community. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (PDF) 2. Ordinance No. 001, 2018 (PDF) 1 Packet Pg. 9 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Melissa Funk, Victim Services Supervisor David Pearson, Police Lieutenant Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. EXECUTIVE SUMMARY The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month grant in the amount of $45,500 for the period from January 1, 2018 to December 31, 2018, by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour, 7-days/week services to victims of crime in the community. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Victim Services Unit has received funding from the Victim Assistance and Law Enforcement (VALE) grant since the inception of the program in 1996. Colorado State Statute mandates law enforcement agencies follow the Victim Rights Amendment. Many of the stages in the mandated statutes are fulfilled by the Victim Services Unit. Services have been provided to thousands of victims and their family members who have become victims of violent crime in the community. Council has approved appropriations of the grant revenue every year. Services to the community would be drastically cut without this grant award. CITY FINANCIAL IMPACTS The City has received a grant in the amount of $45,500 from the Eighth Judicial District Victim Assistance and Law Enforcement Board to help fund victim services activities. This grant requires no local cash match. ATTACHMENT 1 1.1 Packet Pg. 10 Attachment: First Reading Agenda Item Summary, January 2, 2018 (6363 : SR 001 VALE Grant) -1- ORDINANCE NO. 001, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT WHEREAS, Fort Collins Police Services has been awarded a grant in the amount of $45,500 (the “Grant”) for the period from January 1, 2018, to December 31, 2018, by the Eighth Judicial District Victim Assistance and Law Enforcement (“VALE”) Board to support the Fort Collins Police Services Victim Services Unit (“Victim Services”); and WHEREAS, Victim Services provides crisis intervention, resources and referral services to victims of violent crime and other traumatic situations; and WHEREAS, the Grant will be used to fund a part of the salary for the victim advocate who provides crisis intervention services, a part-time victim advocate, and to partially pay for operational expenses needed to provide 24-hour a day, 7-day a week service to victims of crime in the community; 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, appropriation of the Grant serves a public purpose by assisting crime victims in the Fort Collins community; and WHEREAS, City staff has determined that the appropriation of the Grant from the VALE Board to support Victim Services will not cause the total amount appropriated in the Police Services fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of FORTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($45,500) for expenditure in the General Fund for the Fort Collins Police Services Victim Services Unit. 1.2 Packet Pg. 11 Attachment: Ordinance No. 001, 2018 (6363 : SR 001 VALE Grant) -2- Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 12 Attachment: Ordinance No. 001, 2018 (6363 : SR 001 VALE Grant) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr Chris Van Hall, Legal SUBJECT Items Relating to Transfort's Regional FLEX Route to Longmont and Boulder. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder. B. Resolution 2018-008 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for a Grant to Purchase Two New Buses for Transfort’s Regional FLEX Route to Longmont and Boulder. This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $1,200,000 for the purchase of two new buses for Transfort’s Regional FLEX route to Longmont and Boulder. Transfort was awarded $960,000 through a CDOT grant. This grant requires a local match of $240,000. On Second Reading, staff is presenting to Council Resolution 2018-008 which authorizes the Mayor to execute an intergovernmental agreement between the City of Fort Collins and CDOT for the purchase of the two new buses for the FLEX Regional Route. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading and the Resolution. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (PDF) 2. Ordinance No. 002, 2018 (PDF) 2 Packet Pg. 13 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder. EXECUTIVE SUMMARY The purpose of this item is to request a 2018 appropriation in the amount of $1,200,000. Transfort was awarded $960,000 through a CDOT grant for the purchase of two new buses for Transfort’s Regional FLEX route to Longmont and Boulder. This grant requires a local match of $240,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Transfort’s commuter FLEX routes contribute greatly to the transportation community in Northern Colorado, serving the citizens of Fort Collins, Loveland, Longmont, Boulder and smaller population centers in between. FLEX service provides five trips each weekday between Fort Collins and Boulder, two in the morning and three in the afternoon/evening. Year-to-date, FLEX has served 151,550 passengers. Ridership of FLEX regional routes has continued to increase year over year since its initial launch in 2009, adding routes to Boulder in 2015. These numbers demonstrate the demand for transit service between these communities in Northern Colorado. Some of the buses in Transfort’s fleet are at the end of useful life, resulting in excess costs for repair and maintenance. In the fall of 2016, Transfort submitted an application to the competitive statewide pool of CDOT’s FASTER Transit program. The application was approved in the spring of 2017 and resulted in an award of $960,000 for the purchase of two new buses. The buses will be branded and used exclusively for FLEX service, but otherwise will be similar to other vehicles in the Transfort fleet. These buses will replace others in the fleet that have met or exceeded their expected useful life. The replaced buses will be sold at auction or scrapped for parts, depending on the condition and estimated value. Additionally, Transfort will be able to improve air quality by replacing two diesel fuel buses with compressed natural gas buses. As a result, Transfort will see significant savings in maintenance and fuel costs moving forward. The procurement of these two new buses will improve the experience for commuters riding FLEX and presents an opportunity for Transfort to improve service to citizens and communities that we serve. A separate resolution to authorize the City to execute the Grant Agreement will be brought forward with second reading of this Ordinance. ATTACHMENT 2 2.1 Packet Pg. 14 Attachment: First Reading Agenda Item Summary, January 2, 2018 (6365 : SR 002 FLEX Bus Purchase) Agenda Item 12 Item # 12 Page 2 CITY FINANCIAL IMPACTS In 2017, the Colorado Department of Transportation (CDOT) awarded the City of Fort Collins a $960,000 grant from the Statewide Competitive Pool of the FASTER Transit program. The FASTER program requires a 20% local match contribution to the project, which amounts to $240,000. Because the award was unanticipated and not received until 2017, the local match of $240,000 was not included in the last BFO cycle. If approved, the 20% local match will be drawn from Transfort’s reserve funds. These funds will be used to purchase two (2) new buses and will assist in lowering maintenance and repair costs for two of Transfort’s existing buses that are currently past end-of-life, while strengthening Transfort’s partnerships with the surrounding communities. ATTACHMENTS 1. FLEX Route Map (PDF) 2.1 Packet Pg. 15 Attachment: First Reading Agenda Item Summary, January 2, 2018 (6365 : SR 002 FLEX Bus Purchase) -1- ORDINANCE NO. 002, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO DEPARTMENT OF TRANSPORTATION FASTER TRANSIT PROGRAM GRANT IN THE TRANSIT SERVICES FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSIT SERVICES FUND AS A GRANT MATCH FOR THE PURCHASE OF TWO NEW BUSES FOR TRANSFORT’S REGIONAL FLEX ROUTE TO LONGMONT AND BOULDER WHEREAS, FLEX is a regional bus route serving stops between Fort Collins, Loveland, Berthoud and Longmont, made possible through a regional partnership and operated by Transfort; and WHEREAS, ridership of FLEX regional routes has continued to increase year over year since its initial launch in 2009, adding routes to Boulder in 2015; and WHEREAS, Transfort competed in, and was awarded, a FASTER grant from the Colorado Department of Transportation (“CDOT”) in the amount of $960,000 for the purchase of two new buses, which will be branded and used exclusively for FLEX service, but otherwise will be similar to other vehicles in the Transfort fleet (the “Grant”); and WHEREAS, a condition of the Grant is the City must provide a local match of $240,000 for purchase of the buses, which amount will come from Transit Services Fund reserves; and WHEREAS, this Ordinance appropriates $1,200,000, which amount includes the Grant and local matching funds for the purchase of the buses; and WHEREAS, the purchased buses will replace others in the fleet that have met or exceeded their expected useful life; and WHEREAS, purchasing the buses will allow Transfort to improve air quality by replacing two diesel fuel buses with compressed natural gas buses and, as a result, Transfort will see significant savings in maintenance and fuel costs moving forward; 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 Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and 2.2 Packet Pg. 16 Attachment: Ordinance No. 002, 2018 (6365 : SR 002 FLEX Bus Purchase) -2- WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Transit Services Fund; and WHEREAS, City Council has determined that appropriating $1,200,000 for the purchase of two new Transfort buses is in the City’s best interest and enhances public health, safety and welfare. 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 of unanticipated revenue in the Transit Services Fund the sum of NINE HUNDRED SIXTY THOUSAND DOLLARS ($960,000) for additional bus services. Section 3. That there is hereby appropriated for expenditure from reserves in the Transit Services Fund the sum of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000) for additional bus services. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 17 Attachment: Ordinance No. 002, 2018 (6365 : SR 002 FLEX Bus Purchase) -3- Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 18 Attachment: Ordinance No. 002, 2018 (6365 : SR 002 FLEX Bus Purchase) -1- RESOLUTION 2018-008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A GRANT TO PURCHASE TWO NEW BUSES FOR TRANSFORT’S REGIONAL FLEX ROUTE TO LONGMONT AND BOULDER WHEREAS, FLEX is a regional bus route serving stops between Fort Collins, Loveland, Berthoud and Longmont, made possible through a regional partnership and operated by Transfort; and WHEREAS, ridership of FLEX regional routes has continued to increase year over year since its initial launch in 2009, adding routes to Boulder in 2015; and WHEREAS, Transfort competed in, and was awarded, a FASTER grant from the Colorado Department of Transportation (“CDOT”) in the amount of $960,000 for the purchase of two new buses, which will be branded and used exclusively for FLEX service, but otherwise will be similar to other vehicles in the Transfort fleet (the “Grant”); and WHEREAS, a condition of the Grant is the City must provide a local match of $240,000 for purchase of the buses, which amount will come from Transit Services Fund reserves; and WHEREAS, a separate Ordinance is appropriating the $1,200,000, which amount includes the Grant and local matching funds for the purchase of the buses, and WHEREAS, CDOT has proposed an Intergovernmental Agreement (“IGA”) specifying all the terms and conditions of the Grant; 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 IGA will serve the public purpose of enhancing regional connectivity and efficiency of transportation services available to the citizens of the City; and WHEREAS, the City Council has determined that IGA is in the best interests of the City and that the Mayor be authorized to execute the IGA between the City and CDOT in support thereof. Packet Pg. 19 -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Mayor is hereby authorized to enter into the IGA, in substantially the form attached hereto as Exhibit “A,” together with such additional 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 or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of January, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 20 EXHIBIT A 1 Packet Pg. 21 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 22 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 23 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 24 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 25 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 26 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 27 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 28 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 29 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 30 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 31 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 32 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 33 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 34 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 35 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 36 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 37 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 38 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 39 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 40 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 41 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 42 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 43 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 44 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 45 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 46 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 47 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 48 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 49 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 50 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 51 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 52 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 53 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 54 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 55 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 56 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 57 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 58 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 59 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) 1 Packet Pg. 60 Attachment: Exhibit A (6359 : SR 002 FLEX Bus Purchase IGA Resolution) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to the General Fund for the James Ross Proving-Up House Restoration. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates previously received grant funds of $16,080 received from the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins Historical Society for the restoration of the James Ross Proving-Up House. The total new appropriation is $19,437. The grant is matched by Historic Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior year reserves. The Ross Proving-Up House is the only “proving-up” or “filing” house associated with the 1862 Homestead Act still in existence in Larimer County. In preparation for its restoration, the building was moved last fall to a permanent location at The Farm at Lee Martinez Park, 600 North Sherwood Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 003, 2018 (PDF) 3 Packet Pg. 61 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to the General Fund for the James Ross Proving-Up House Restoration. EXECUTIVE SUMMARY The purpose of this item is to appropriate previously received grant funds of $16,080 received from the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins Historical Society for the restoration of the James Ross Proving-Up House. The total new appropriation is $19,437. The grant is matched by Historic Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior year reserves. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Recognized as a Fort Collins Landmark by Ordinance No. 080, 2017, the James Ross Proving-Up House is the only known existing “proving-up” or “filing” house in Larimer County. Built in 1890, this one room home was inhabited by the Ross family of five for nearly eight years in order to satisfy the 1862 Federal Homestead Act requirements. The building has additional significance for its association with the James Ross family. In addition to his accomplishments as a homesteader and early businessman, Ross’ son William, who was born in the house, became the President of UNC in Greeley, and is the namesake for the William Ross Library; and was the great-grandfather of former Senator Wayne Allard and Kermit Allard, CPA in Fort Collins. At the Farm at Lee Martinez Park, the proving-up house will be used to explain early pioneer life, the Homestead Act, agriculture, and the history of water and irrigation in our region. The singular goal for the project is to restore the James Ross Proving-Up House to its original appearance as closely as possible, as documented through forensic evidence and a circa 1950s historic photograph. The work will include removal of existing non-original brick chimney remnants and repairing the roof framing as needed. Traditional wood shingles will be installed. The trim and clapboard siding will be removed where needed and repaired or replaced. Rafters, floor joists, studs and ceiling joists will be sistered or replaced. Lead abatement, if needed, will be done to ensure a safe environment. Completing the exterior work is the repair or the wood buck door, and repair and re-glazing with restoration glass of the two windows' jambs, frames and sills. Interior work includes the removal of electric wiring and equipment, plaster repair/replacement, flooring repair/replacement, case and base trim rehabilitation, and installation of a wood stove, pipe and stone base. ATTACHMENT 1 3.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6366 : SR 003 Ross Proving Up House Appropriation) Agenda Item 8 Item # 8 Page 2 CITY FINANCIAL IMPACTS The City benefits by a $19,437 in grant and other funds which supports this initiative. No additional funds need to be appropriated as the restoration project will utilize $32,847 of Historic Preservation Division funds and $27,000 in Recreation Department funds, from the departments’ 2017 budgets ATTACHMENTS 1. Final Grant Contract (PDF) 3.1 Packet Pg. 63 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6366 : SR 003 Ross Proving Up House Appropriation) -1- ORDINANCE NO. 003, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND THE RECREATION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS IN THE RECREATION FUND TO THE GENERAL FUND FOR THE JAMES ROSS PROVING-UP HOUSE RESTORATION WHEREAS, in 2017 the City was awarded a grant of $16,080 from the Cache la Poudre Heritage Alliance, as well as received additional unanticipated revenue from the Fort Collins Historical Society of $3,357, for the restoration of the James Ross Proving-Up House, for total unanticipated revenue in 2017 of $19,437; and WHEREAS, the grant is matched by Historic Preservation funds of $32,847 to be appropriated from General Fund reserves and Recreation Department funds of $27,000 to be appropriated from Recreation Fund reserves, for a total project cost to be appropriated of $79,284, including the grants; and WHEREAS, the James Ross Proving-Up House is the only known existing “proving-up” or “filing” house in Larimer County and has historical significance; and WHEREAS, the James Ross Proving-Up House will be located at the Farm at Lee Martinez Park and will be used to explain early pioneer life, the Homestead Act, agriculture, and the history of water and irrigation in our region; and WHEREAS, the goal for the project is to restore the Ross House to its original appearance as closely as possible, as documented through forensic evidence and a circa 1950s historic photograph, which will include both exterior and interior work; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the General Fund and the Recreation Fund; and WHEREAS, the appropriations described herein serve the public purpose of preserving the City’s historic heritage; 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 3.2 Packet Pg. 64 Attachment: Ordinance No. 003, 2018 (6366 : SR 003 Ross Proving Up House Appropriation) -2- 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 Recreation Fund the sum of TWENTY-SEVEN THOUSAND DOLLARS ($27,000) for transfer to the General Fund and appropriated therein for the James Ross Proving-Up House Restoration Project. Section 3. That there is hereby appropriated from prior year reserves in the General Fund the sum of FIFTY-TWO THOUSAND TWO HUNDRED EIGHTY-FOUR DOLLARS ($52,284) in the General Fund for the James Ross Proving-Up House Restoration Project. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 65 Attachment: Ordinance No. 003, 2018 (6366 : SR 003 Ross Proving Up House Appropriation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Nicole Hahn, Civil Engineer II Kyle Lambrecht, Civil Engineer Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Project and Transferring Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $891,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and authorizes the transfer of appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Improvement Project. In addition, this item transfers $8,760 in prior year reserves from the Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct road and intersection improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 004, 2018 (PDF) 4 Packet Pg. 66 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Nicole Hahn, Civil Engineer II Kyle Lambrecht, Civil Engineer Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Project and Transferring Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for Art in Public Places EXECUTIVE SUMMARY The purpose of this item is to appropriate $891,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and authorize the transfer of appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Improvement Project. In addition, this item will transfer $8,760 in prior year reserves from the Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct road and intersection improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Harmony 23 development, located on the southwest corner of Harmony and Strauss Cabin Road, is currently under construction. The traffic that will accompany the development warrants signalization of the intersection. The development will construct the infrastructure improvements on the southern half of the intersection. Due to complexities on the north side of the intersection that were out of the project scope for the development, the City has partnered with the developer to complete the intersection improvements and ensure the ultimate buildout of the signal is installed. The City of Fort Collins Natural Areas fronts both the northwest and northeast quadrant of the intersection, and are not likely to develop. The City’s portion of the project is in the preliminary design phase and is currently estimated to begin construction in April. CITY FINANCIAL IMPACTS This Ordinance will appropriate $891,000 in Transportation Capital Expansion Fee funding for construction, right- of-way acquisition, and utility relocations. This improvement will add capacity to the intersection, warranting the use of Transportation Capital Expansion Fee funds. This Ordinance will also appropriate $8,760 in the ATTACHMENT 1 4.1 Packet Pg. 67 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6367 : SR 004 Harmony-Strauss Cabin Project) Agenda Item 9 Item # 9 Page 2 Transportation Fund funding for Art in Public Places as required by Section 23-304 of the City Code. The following table outlines funding needs per project activity: Activity Engineer’s Estimate Construction $576,000 Utility Relocation $100,000 Signalization $200,000 Right of Way $15,000 Total Construction Cost: $891,000 Art in Public Places $8,760 Total Project Cost $899,760 (Note that expenses for right of way are not subject to the APP calculation.) The signal will be maintained by City of Fort Collins Traffic Operations using the existing maintenance budget. BOARD / COMMISSION RECOMMENDATION The project will go to the Transportation Board and the Natural Areas board for comment following the preliminary design phase. PUBLIC OUTREACH Numerous public meetings were held as part of the development process for the Harmony 23 project, and plans for the signalization were brought to these meetings. The project team is currently working on a project website through the Engineering home page as the first resource for public outreach. A detailed communication plan is being developed and will be implemented with the preliminary design phase through construction. The communication plan will highlight milestone dates, affected interests and specific outreach methods. The project team will host a public open house prior to beginning construction and keep the project website updated with current design information. ATTACHMENTS 1. Location Map (PDF) 4.1 Packet Pg. 68 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6367 : SR 004 Harmony-Strauss Cabin Project) -1- ORDINANCE NO. 004, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND THE TRANSPORTATION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND THE TRANSPORTATION FUND INTO THE CAPITAL PROJECT FUND FOR THE HARMONY AND STRAUSS CABIN INTERSECTION PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, this project will construct road and intersection improvements, utility relocations, and fully signalize the intersection of Harmony Rd and Strauss Cabin Rd. The project will install southbound left and right turn lanes, pork-chop islands, ADA accessible sidewalk connections; and WHEREAS, the Harmony 23 development located on the Southwest corner of Harmony and Strauss Cabin is currently under construction and the traffic that will accompany the development warrants signalization of the intersection; and WHEREAS, due to complexities on the North side of the intersection that were out of the project scope for the development, the City has partnered with the developer to complete the intersection improvements and ensure the ultimate build out of the signal is installed; and WHEREAS, the signal will be maintained by City Traffic Operations using the existing maintenance budget; and WHEREAS, this Ordinance will appropriate $891,000 in Transportation Capital Expansion Fee funding for construction, right-of-way acquisition, and utility relocations; and WHEREAS, this Ordinance will appropriate $8,760 in the Transportation Fund for Art in Public Places (“APP”) for the project, as project costs of $876,000 are applicable for APP; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Transportation Capital Expansion Fee Fund and the Transportation Fund; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for 4.2 Packet Pg. 69 Attachment: Ordinance No. 004, 2018 (6367 : SR 004 Harmony-Strauss Cabin Project) -2- which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from reserves in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS ($891,000) for the Harmony and Strauss Cabin Intersection Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from reserves in the Transportation Fund for transfer to the Capital Projects Fund the sum of EIGHT THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($8,760) for the Harmony and Strauss Cabin Intersection Project and appropriated therein. Section 4. That the unexpended appropriated amount of SIX THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS ($6,833) in the Capital Projects Fund – Harmony and Strauss Cabin Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 5. That the unexpended appropriated amount of ONE THOUSAND NINE HUNDRED TWENTY-SEVEN DOLLARS ($1,927) in the Capital Projects Fund – Harmony and Strauss Cabin Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 70 Attachment: Ordinance No. 004, 2018 (6367 : SR 004 Harmony-Strauss Cabin Project) -3- Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 71 Attachment: Ordinance No. 004, 2018 (6367 : SR 004 Harmony-Strauss Cabin Project) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Tracy Dyer, Engineering Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 005, 2018 (PDF) 5 Packet Pg. 72 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Kerri Allison, Real Estate Specialist II Tracy Dyer, Engineering Project Manager Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right- of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Suniga Road was first included in the Transportation Planning Master Street Plan in October 1999. At the time, the alignment was referred to as “New Vine Drive”. By City Council resolution in early 2015, New Vine Drive became officially known as Suniga Road. The first segment of Suniga Road between Redwood Drive and Blondel Street was completed in 2016. Development and growth near the Suniga Road alignment continues to move forward, putting increased volumes of traffic on the existing street network. Additionally, as the Lemay Avenue/Vine Drive overpass continues to be planned, this portion of Suniga Road will provide a key connection to the arterial roadway network. Staff has completed the preliminary design for Suniga Road between Blondel Street and College Avenue. The necessary property interests include right-of-way and permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their property. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the goals of the project. At our meetings, the property owners were notified ATTACHMENT 1 5.1 Packet Pg. 73 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6372 : SR 005 Suniga Road ED) Agenda Item 10 Item # 10 Page 2 that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First Reading of this Ordinance. BOARD / COMMISSION RECOMMENDATION The Project was presented to the Bicycle Advisory Committee on November 27, 2017 for information and informal feedback PUBLIC OUTREACH Individual property owner meetings and contact with affected businesses. The Project was included as a part of fall 2017 Bike Project Fair on October 26, 2017. As design and construction details are finalized, the Project Team plans additional specific outreach with nearby neighbors and businesses. ATTACHMENTS 1. Location Map (PDF) 5.1 Packet Pg. 74 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6372 : SR 005 Suniga Road ED) -1- ORDINANCE NO. 005, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE SUNIGA ROAD IMPROVEMENTS PROJECT WHEREAS, the City Engineering Department plans to construct a new arterial roadway between College Avenue and Blondel Street with such improvements to include construction of a complete arterial street that may include four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements, which street project was historically referred to as “New Vine Drive” but will now be called “Suniga Road” (the “Suniga Road Project”); and WHEREAS, the Engineering Department is designing the improvements associated with the Suniga Road Project in accordance with the City’s Transportation Master Street Plan; and WHEREAS, to construct the Suniga Road Project, the City will need to acquire certain property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Suniga Road Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the Suniga Road Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. 5.2 Packet Pg. 75 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) -2- Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 76 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "A" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "A" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "B" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "B" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "C" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "C" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "D" Page 1 of 4 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "D" Page 2 of 4 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "D" Page 3 of 4 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "D" Page 4 of 4 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "E" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "E" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "F" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "F" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "G" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "G" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "H" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Exhibit "H" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) EXHIBIT "I" Page 1 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) EXHIBIT "I" Page 2 of 2 5.2 Attachment: Ordinance No. 005, 2018 (6372 : SR 005 Suniga Road ED) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Andres Gavaldon, Financial Policy & Project Manager John Duval, Legal SUBJECT Second Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, approves a natural gas Franchise Agreement between the City of Fort Collins and the Public Service Company of Colorado (Public Service). Without a change in the financial burden to residents, this Franchise Agreement grants a non-exclusive franchise to Public Service to make reasonable use of City streets, public utility easements and other City property for Public Service’s provision of natural gas utility services within the City. The franchise fee will be equivalent to the current occupation tax imposed (1.07%) to compensate the City for the use of its property. The franchise fee rate can be increased by the City Council in the future by ordinance but at a rate not to exceed 3% of gross revenues. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 006, 2018 (PDF) 6 Packet Pg. 97 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Andres Gavaldon, Financial Policy & Project Manager John Duval, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City. EXECUTIVE SUMMARY The purpose of this item is to consider approval of a natural gas Franchise Agreement between the City of Fort Collins and the Public Service Company of Colorado (“Public Service”). Without a change in the financial burden to residents, this Franchise Agreement grants a non-exclusive franchise to Public Service to make reasonable use of City streets, public utility easements and other City property for Public Service’s provision of natural gas utility services within the City. The franchise fee will be equivalent to the current occupation tax imposed (1.07%) to compensate the City for the use of its property. The franchise fee rate can be increased by the City Council in the future by ordinance but at a rate not to exceed 3% of gross revenues. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The current relationship between the City of Fort Collins and Xcel Energy (aka Public Service Company of Colorado) has been in effect since 1987. Activities and revenue generation are governed by two separate portions of the City Code: Gas Company Occupation Tax and Gas Company Facilities Regulations (also called Right-of-Way Regulations). The original occupation tax was set in 1987 at $445k/year and not governed by TABOR at that time. Soon after establishment of the original occupation tax, TABOR was put into effect and required any changes to be subject to citizen vote. The original amount has never been changed or brought to a vote and thereby has not increased with increases in gross revenues, population and inflation. . The issue has been noted and brought to management many times over the past 30 years for investigation. On September 21, 2015 and September 18, 2017, Council Finance Committee gave staff feedback that supported moving forward. The City, in cooperation with Public Service, has drafted a Franchise Agreement that includes the flexibility to adjust the applicable franchise fee. The Franchise Agreement sets the franchise fee rate at 1.07%, which equates to the original amount of $445k/year for the occupation tax, but also gives the City Council the ability to adjust the franchise fee rate up to 3% by ordinance (equating to approximately $1.2M/year). The franchise fee at 1.07% is revenue neutral without impact to citizens and any future increases may still be revenue neutral depending on decreases with concurrent taxes. The maximum rate of 3% is consistent with other communities across the front range under the master franchise agreement Xcel Energy has entered into ATTACHMENT 1 6.1 Packet Pg. 98 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6373 : SR 006 Public Service Franchise) Agenda Item 11 Item # 11 Page 2 with those communities. Other benefits include: partnership language to address energy conservation; and construction communication and coordination. CITY FINANCIAL IMPACTS The City will not incur any financial impacts at this time. The proposed Franchise Agreement does allow for changes to the franchise fee (within certain restrictions) which the current occupational tax does not allow without citizen vote. The financial difference between the two options are as follows: Occupational Tax: Governed by TABOR Citizen vote requirement to change Occupational tax amount set in 1987 at $445k/year Tax amount does not adjust with inflation, population or provider gross revenue Franchise Fee: Franchise rate set as % of provider gross revenue Fee revenue increases with volume Franchise fee 1.07% rate would generate $445k/year Franchise fee rate can be increased by Council by ordinance up to a maximum 3% rate. With the new franchise rate set as a percentage, revenues will grow with usage instead of the static $445k/year per the Occupation Tax. BOARD / COMMISSION RECOMMENDATION The issue has been reviewed in Council Finance Committee. (Attachment 2) PUBLIC OUTREACH Proper legal steps have been followed with Notice of Public Hearing being posted in the Coloradoan for 3 weeks prior to this reading. The Charter authorizes City Council to approve franchises by ordinance after conducting a public hearing. ATTACHMENTS 1. Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (PDF) 2. Council Finance Committee minutes, November 18, 2017 (PDF) 3. Triple Bottom Line (PDF) 6.1 Packet Pg. 99 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6373 : SR 006 Public Service Franchise) -1- ORDINANCE NO. 006, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING A NON-EXCLUSIVE FRANCHISE TO THE PUBLIC SERVICE COMPANY OF COLORADO FOR THE RIGHT TO MAKE REASONABLE USE OF CITY STREETS, PUBLIC UTILITY EASEMENTS AND OTHER CITY PROPERTY TO INSTALL, MAINTAIN, LOCATE AND OPERATE ITS FACILITIES USED TO PROVIDE NATURAL GAS SERVICES TO CUSTOMERS WITHIN THE CITY WHEREAS, the Public Service Company of Colorado, a Colorado corporation, (the “Company”) currently owns, maintains and operates a natural gas utility within the boundaries of the City of Fort Collins (the “City”) that provides natural gas services to customers throughout the City (the “Utility”); and WHEREAS, the facilities the Company uses to operate the Utility are currently located within, over, under and through various City-owned and controlled real properties, such as City streets, public utility easements and other City properties (collectively, “City Property”); and WHEREAS, City Charter Article XI, Section 1 authorizes the City Council to grant a non- exclusive franchise for the use of City streets, alleys and other City property, but it must do so by ordinance after conducting a noticed public hearing; and WHEREAS, the Company does not currently have a formal franchise from the City to operate its Utility facilities on City Property; and WHEREAS, the Company has, however, previously operated the Utility within the City under a formal franchise, with the last such franchise being granted in 1967 and expiring in 1987; and WHEREAS, since 1987, the Company has operated the Utility in the City without a formal franchise, but in its place the City Council adopted Ordinance No. 133, 1987, in which it added what is now Article VI in City Code Chapter 25 to impose an annual occupation tax of $445,000 on all natural gas companies doing business in the City and using City Property to do so (the “Occupation Tax”), which the Company has paid over the years; and WHEREAS, in 1989, the City Council also adopted Ordinance No. 21, 1989, to add Article II to Code Chapter 6 to regulate the use of City Property by natural gas companies for their facilities (the “Gas Facilities Regulations”); and WHEREAS, City and Company representatives have been in discussions during the past year or so to negotiate a formal franchise agreement for the Company to continue using City Property in the operation of the Utility and for the Company to begin paying a franchise fee to be applied as a credit against the Occupation Tax; and WHEREAS, provisions in the franchise agreement have also been negotiated to address issues relating to the Company’s and City’s cooperation and coordination with each other concerning the construction, maintenance and operation of their respective utility facilities within 6.2 Packet Pg. 100 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) -2- City Property, which provisions are in addition to the provisions of the Gas Facilities Regulations regulating the Company’s use of City Property; and WHEREAS, these negotiations have resulted in the proposed franchise agreement that is attached as Exhibit “A” and incorporated by reference (the “Franchise Agreement”); and WHEREAS, the Franchise Agreement includes the following major terms and conditions: (1) a term of twenty years beginning February 1, 2018, (2) the Company’s payment of a franchise fee of 1.07% of the gross revenues the Company receives from its operation of the Utility within City, (3) the City, upon sixty days prior written notice to the Company, may increase the rate of the franchise fee up to no more than 3.0% of the Company’s gross revenues, (4) new agreements relating to the cooperation and coordination of both parties’ in their respective provision of utility services and concerning the Company’s use of City Property, and (5) a commitment by the parties to cooperate on issues related to the environment and energy conservation; and WHEREAS, Charter Article XI, Section 1 requires that notice of the Council’s public hearing on the grant of franchise must be published by the franchise applicant in a local newspaper of general circulation once a week for three successive weeks immediately before the date of the hearing; and WHEREAS, the Company has satisfied this notice requirement by having the notice of public hearing attached as Exhibit “B” and incorporated by reference published in the Fort Collins Coloradoan each day beginning on December 12, 2017, and ending on January 2, 2018; and WHEREAS, the City Council hereby finds that the Franchise Agreement is necessary for the public’s health, safety and welfare and is in the bests interests of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves the Franchise Agreement and the non-exclusive franchise granted in it. Section 3. That the rate of the franchise fee established in § 4.1.A. of the Franchise Agreement shall not be increased as provided in that section without the City Council’s prior ordinance approval. Section 4. That the Mayor is hereby authorized to enter into the Franchise Agreement, in substantially the form attached hereto as Exhibit “A”, together with such additional 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 or to effectuate the purposes of this Ordinance. 6.2 Packet Pg. 101 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) -3- Section 5. That if any portion of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part may be declared unconstitutional or invalid. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.2 Packet Pg. 102 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) FRANCHISE AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO ARTICLE 1 DEFINITIONS ARTICLE 2 GRANT OF FRANCHISE ARTICLE 3 CITY POLICE POWERS ARTICLE 4 FRANCHISE FEE ARTICLE 5 ADMINISTRATION OF FRANCHISE ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN ARTICLE 7 RELIABILITY ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS ARTICLE 9 BILLING AND PAYMENT ARTICLE 10 USE OF COMPANY FACILITIES ARTICLE 11 UNDERGROUNDING OF OVERHEAD FACILITIES ARTICLE 12 PURCHASE OR CONDEMNATION ARTICLE 13 MUNICIPALLY PRODUCED UTILITY SERVICE ARTICLE 14 ENVIRONMENT AND CONSERVATION ARTICLE 15 TRANSFER OF FRANCHISE ARTICLE 16 CONTINUATION OF UTILITY SERVICE ARTICLE 17 INDEMNIFICATION AND IMMUNITY ARTICLE 18 BREACH ARTICLE 19 AMENDMENTS ARTICLE 20 EQUAL OPPORTUNITY ARTICLE 21 MISCELLANEOUS EXHIBIT A 6.2 Packet Pg. 103 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ....................................................................................................... 1 §1.1 “City” ........................................................................................................................ 1 §1.2 “Clean Energy” ......................................................................................................... 1 §1.3 “Company”. .............................................................................................................. 1 §1.4 “Company Facilities”. ............................................................................................... 1 §1.5 “Council” or “City Council”. .................................................................................... 1 §1.6 “Energy Conservation” ............................................................................................. 1 §1.7 “Energy Efficiency” t. ............................................................................................... 1 §1.8 “Force Majeure”........................................................................................................ 1 §1.9 “Gross Revenues” ..................................................................................................... 1 §1.10 “Industry Standards” ................................................................................................. 2 §1.11 “Open Space” ............................................................................................................ 2 §1.15 “Parks” ...................................................................................................................... 2 §1.16 “Private Project”. ...................................................................................................... 2 §1.17 “Public Project”. ....................................................................................................... 2 §1.18 “Public Utilities Commission” or “PUC” ................................................................. 3 §1.19 “Public Utility Easement” or “PUE”. ....................................................................... 3 §1.20 “Relocate,” “Relocation,” or “Relocated”. ............................................................... 3 §1.21 “Renewable Energy Resources” ............................................................................... 3 §1.22 “Residents”. .............................................................................................................. 3 §1.23 “Streets” or “City Streets” ........................................................................................ 3 §1.24 “Supporting Documentation”.................................................................................... 3 §1.25 “Tariffs”. ................................................................................................................... 3 §1.26 “Utility Service”........................................................................................................ 3 ARTICLE 2 GRANT OF FRANCHISE .................................................................................... 4 §2.1 Grant of Franchise..................................................................................................... 4 §2.2 Conditions and Limitations. ...................................................................................... 5 §2.3 Effective Date and Term.. ......................................................................................... 5 ARTICLE 3 CITY POLICE POWERS ...................................................................................... 5 §3.1 Police Powers ............................................................................................................ 5 §3.3 Compliance with Laws ............................................................................................. 6 §3.4 Industry Standards. ................................................................................................... 6 ARTICLE 4 FRANCHISE FEE ................................................................................................. 6 §4.1 Franchise Fee. ........................................................................................................... 6 §4.2 Remittance of Franchise Fee. .................................................................................... 7 §4.3 Franchise Fee Payment Not in Lieu of Permit or Other Fees ................................... 8 ARTICLE 5 ADMINISTRATION OF FRANCHISE ................................................................ 9 §5.1 City Designee ............................................................................................................ 9 §5.2 Company Designee ................................................................................................... 9 §5.3 Coordination of Work. .............................................................................................. 9 i 6.2 Packet Pg. 104 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN.................................................... 10 §6.1 Purpose .................................................................................................................... 10 §6.2 Supply ..................................................................................................................... 10 §6.3 Charges to the City for Service to City Facilities.. ................................................. 10 §6.4 Restoration of Service. ............................................................................................ 10 §6.5 Obligations Regarding Company Facilities. ........................................................... 10 §6.6 As-Built Drawings. ................................................................................................. 11 §6.7 Excavation and Construction .................................................................................. 12 §6.8 Restoration .............................................................................................................. 13 §6.9 Relocation of Company Facilities. .......................................................................... 13 §6.10 New or Modified Service Requested by City ......................................................... 15 §6.11 Service to New Areas.............................................................................................. 15 §6.12 City Not Required to Advance Funds ..................................................................... 15 §6.13 Technological Improvements.................................................................................. 15 ARTICLE 7 RELIABILITY ..................................................................................................... 16 §7.1 Reliability ................................................................................................................ 16 §7.2 Franchise Performance Obligations ........................................................................ 16 §7.3 Reliability Reports .................................................................................................. 16 ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS ............................................... 16 §8.1 New or Modified Service to City Facilities ............................................................ 16 §8.2 Adjustments to Company Facilities ........................................................................ 17 §8.3 Third Party Damage Recovery................................................................................ 17 ARTICLE 9 BILLING AND PAYMENT ................................................................................ 18 §9.1 Billing for Utility Services. ..................................................................................... 18 §9.2 Payment to City....................................................................................................... 18 ARTICLE 10 PURCHASE OR CONDEMNATION............................................................... 19 §10.1 Municipal Right to Purchase or Condemn. ............................................................. 19 ARTICLE 11 MUNICIPALLY PRODUCED UTILITY SERVICE ....................................... 19 §11.1 Municipally Produced Utility Service. ................................................................... 19 ARTICLE 12 ENVIRONMENT AND CONSERVATION..................................................... 19 §12.1 Environmental Leadership ...................................................................................... 20 §12.2 Conservation ........................................................................................................... 20 §12.3 Continuing Commitment.. ...................................................................................... 21 §12.4 PUC Approval ......................................................................................................... 21 ARTICLE 13 TRANSFER OF FRANCHISE .......................................................................... 21 §13.1 Consent of City Required........................................................................................ 21 §13.2 Transfer Fee ............................................................................................................ 21 ARTICLE 14 CONTINUATION OF UTILITY SERVICE ..................................................... 22 §14.1 Continuation of Utility Service ............................................................................... 22 ii 6.2 Packet Pg. 105 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) ARTICLE 15 INDEMNIFICATION AND IMMUNITY ........................................................ 22 §15.1 City Held Harmless ................................................................................................. 22 §15.2 Immunity ................................................................................................................. 23 ARTICLE 16 BREACH ........................................................................................................... 23 §16.1 Change of Tariffs .................................................................................................... 23 §16.2 Breach. .................................................................................................................... 23 ARTICLE 17 AMENDMENTS ............................................................................................... 24 §17.1 Proposed Amendments ........................................................................................... 24 §17.2 Effective Amendments............................................................................................ 24 ARTICLE 18 EQUAL OPPORTUNITY ................................................................................. 24 §18.1 Economic Development .......................................................................................... 24 §18.2 Employment. ........................................................................................................... 25 §18.3 Contracting. ............................................................................................................. 26 §18.4 Coordination ........................................................................................................... 26 ARTICLE 19 MISCELLANEOUS .......................................................................................... 26 §19.1 No Waiver ............................................................................................................... 26 §19.2 Successors and Assigns........................................................................................... 26 §19.3 Third Parties ............................................................................................................ 27 §19.4 Notice ...................................................................................................................... 27 §19.5 Examination of Records .......................................................................................... 28 §19.6 Confidential or Proprietary Information. ................................................................ 29 §19.7 List of Utility Property ............................................................................................ 29 §19.8 PUC Filings ............................................................................................................. 29 §19.9 Information ............................................................................................................. 29 §19.10 Payment of Taxes and Fees. .................................................................................... 30 §19.11 Conflict of Interest .................................................................................................. 30 §19.12 Certificate of Public Convenience and Necessity ................................................... 30 §19.13 Authority ................................................................................................................. 30 §19.14 Severability ............................................................................................................. 30 §19.15 Force Majeure ......................................................................................................... 31 §19.16 Earlier Franchises Superseded ................................................................................ 31 §19.17 Titles Not Controlling ............................................................................................. 31 §19.18 Applicable Law ....................................................................................................... 31 §19.19 Payment of Expenses Incurred by City in Relation to Franchise Agreement......... 31 §19.20 Costs of Compliance with Franchise ...................................................................... 31 §19.21 Conveyance of City Streets or Other City Property................................................ 31 §19.22 Audit ....................................................................................................................... 31 Signature Page ..................................................................................................................... 32 iii 6.2 Packet Pg. 106 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) ARTICLE 1 DEFINITIONS For the purpose of this franchise agreement (“Franchise”), the following words and phrases shall have the meaning given in this Article. When not inconsistent with context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The word “shall” is mandatory and “may” is permissive. Words not defined in this Article shall be given their common and ordinary meaning. §1.1 “City” refers to the City of Fort Collins, a home rule municipality in the State of Colorado. §1.2 “Clean Energy” means energy produced from Renewable Energy Resources, eligible energy sources, and by means of advanced technologies that cost-effectively capture and sequester carbon emissions produced as a by-product of power generation. For purposes of this definition, “cost” means all those costs as determined by the PUC. §1.3 “Company” refers to Public Service Company of Colorado, a Colorado corporation, and an Xcel Energy company and its successors and assigns including affiliates or subsidiaries that undertake to perform any of the obligations under this Franchise. §1.4 “Company Facilities” refers to all facilities of the Company reasonably necessary or desirable to provide gas service into, within and through the City, including but not limited to plants, works, systems, transportation and distribution structures and systems, lines, equipment, pipes, mains, conduit, underground lines, gas compressors, meters, meter reading devices, communication and data transfer equipment, control equipment, gas regulator stations, as well as all associated appurtenances. §1.5 “Council” or “City Council” refers to and is the governing body of the City. §1.6 “Energy Conservation” means the decrease in energy requirements of specific customers during any selected time period, resulting in a reduction in end-use services. §1.7 “Energy Efficiency” means the decrease in energy requirements of specific customers during any selected period with end-use services of such customers held constant. §1.8 “Force Majeure” means the inability to undertake an obligation of this Franchise due to a cause that could not be reasonably anticipated by a party or is beyond its reasonable control after exercise of best efforts to perform, including but not limited to fire, strike, war, riots, terrorist acts, acts of governmental authority, acts of God, floods, epidemics, quarantines, labor disputes, unavailability or shortages of materials or equipment or failures or delays in the delivery of materials. Neither the City nor the Company shall be in breach of this Franchise if a failure to perform any of the duties under this Franchise is due to a Force Majeure condition. §1.9 “Gross Revenues” refers to those amounts of money that the Company receives from the sale of gas within the City under rates authorized by the Public Utilities Commission, as well as from the transportation of gas to its customers within the City, as adjusted for refunds, net write-offs of uncollectible accounts, corrections, or regulatory adjustments. Regulatory adjustments include, 1 6.2 Packet Pg. 107 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) but are not limited to, credits, surcharges, refunds, and pro-forma adjustments pursuant to federal or state regulation. “Gross Revenues” shall exclude any revenues from the sale or transportation of gas to the City. §1.10 “Industry Standards” refers to standards developed by government agencies and generally recognized organizations that engage in the business of developing utility industry standards for materials, specifications, testing, construction, repair, maintenance, manufacturing, and other facets of the electric and gas utility industries. Such agencies and organizations include, but are not limited to the U.S. Department of Transportation, the Federal Energy Regulatory Commission (FERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Colorado Public Utilities Commission, the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), the Pipeline Research Council International, Inc. (PRCI), the American Society of Mechanical Engineers (ASME), the Gas Technology Institute (GTI), and the National Fire Protection Association (NFPA). §1.11 “Open Space” refers to privately-owned property protected by real covenant, or publicly- owned property protected by covenant and/or designated by ordinance or resolution of the City Council, which covenant or designation designates the property for use as one (1) or more of the following: a natural area not open to the public; a community buffer; a wildlife corridor and habitat area; a wetland; a view corridor; agricultural land; an area of archeological, historical, geologic or topographic significance; an area containing significant renewable and/or nonrenewable natural resources; and/or other undesignated, typically non-irrigated, undeveloped land uses. Open Space shall not include Parks. §1.14 “Other City Property” refers to the surface, the air space above the surface and the area below the surface of any property owned by the City or directly controlled by the City due to the City’s real property interest in the same or hereafter owned by the City, that would not otherwise fall under the definition of “Streets,” but which provides a suitable location for the placement of Company Facilities as specifically approved in writing by the City. Other City Property does not include Public Utility Easements. §1.15 “Parks” refers to land area owned by the City, either independently or with another governmental or quasi-governmental entity, that is developed and maintained for active or passive recreational use and is open for the general public’s use and enjoyment; which, by way of example only, may include public playfields, courts, and other recreation facilities, or may include greenways, water features, picnic areas, or natural areas. §1.16 “Private Project” refers to any project which is not covered by the definition of Public Project. §1.17 “Public Project” refers to (1) any public work or improvement within the City that is wholly owned by the City; or (2) any public work or improvement within the City where fifty percent (50%) or more of the funding is provided by any combination of the City, the federal government, the State of Colorado, or any Colorado county, but excluding all entities established under Title 32 of the Colorado Revised Statutes, except for the East Larimer County Water District, the Fort Collins-Loveland Water District, the South Fort Collins Sanitation District, the West Fort Collins Water District, the Boxelder Sanitation District, the Cherry Hills Sanitation District and the Sunset Water District, but only to the extent that the projects undertaken by any of the foregoing entities are necessary to provide water or sanitation services to the City or to Residents of the City. 2 6.2 Packet Pg. 108 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §1.18 “Public Utilities Commission” or “PUC” refers to the Public Utilities Commission of the State of Colorado or other state agency succeeding to the regulatory powers of the Public Utilities Commission. §1.19 “Public Utility Easement” or “PUE” refers to any platted easement over, under, or above public or private property, expressly dedicated to, and accepted by, the City for the use of public utility companies for the placement of utility facilities, including but not limited to Company Facilities. “Public Utility Easement” shall not include easements within Streets. §1.20 “Relocate,” “Relocation,” or “Relocated” refers to the definition assigned such terms in Section 6.9.A of this Franchise. §1.21 “Renewable Energy Resources” means wind, solar, and geothermal resources; energy produced from biomass from nontoxic plant matter consisting of agricultural crops or their byproducts, urban wood waste, mill residue, slash, or brush, or from animal wastes and products of animal wastes, or from methane produced at landfills or as a by-product of the treatment of wastewater residuals; new hydroelectricity with a nameplate rating of ten (10) megawatts or less; and hydroelectricity in existence on January 1, 2005, with a nameplate rating of thirty (30) megawatts or less; fuel cells using hydrogen derived from a Renewable Energy Resource; and recycled energy produced by a generation unit with a nameplate capacity of not more than fifteen (15) megawatts that converts the otherwise lost energy from the heat from exhaust stacks or pipes to electricity and that does not combust additional fossil fuel, and includes any eligible renewable energy resource as defined in §40-2-124(1)(a), C.R.S., as the same shall be amended from time to time. §1.22 “Residents” refers to all persons, businesses, industries, governmental agencies, including the City, and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the City. §1.23 “Streets” or “City Streets” refers to the surface, the air space above the surface and the area below the surface of any City-dedicated or City-maintained streets, alleys, bridges, roads, lanes, access easements, and other public rights-of-way within the City, which are primarily used for vehicle traffic. Streets shall not include Public Utility Easements and Other City Property. §1.24 “Supporting Documentation” refers to all information reasonably required or needed in order to allow the Company to design and construct any work performed under the provisions of this Franchise. Supporting Documentation may include, but is not limited to, construction plans, a description of known environmental issues, the identification of critical right-of-way or easement issues, the final recorded plat for the property, the date the site will be ready for the Company to begin construction, the date gas service and meter set are needed, and the name and contact information for the City’s project manager. §1.25 “Tariffs” refer to those tariffs of the Company on file and in effect with the PUC or other governing jurisdiction, as amended from time to time. §1.26 “Utility Service” refers to the sale of gas to Residents by the Company under rates and Tariffs approved by the PUC, as well as the delivery of gas to Residents by the Company. 3 6.2 Packet Pg. 109 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) ARTICLE 2 GRANT OF FRANCHISE §2.1 Grant of Franchise. A. Grant. The City hereby grants to the Company, subject to all conditions, limitations, terms, and provisions contained in this Franchise, the non-exclusive right to make reasonable use of City Streets, Public Utility Easements (as applicable) and Other City Property: (1) to provide Utility Service to the City and to its Residents under the Tariffs; and (2) to acquire, purchase, construct, install, locate, maintain, operate, upgrade and extend into, within and through the City all Company Facilities reasonably necessary for the sale, storage, purchase, exchange, transportation, transmission and distribution of Utility Service within and through the City. B. New Company Facilities in Other City Property, Excluding Parks and Open Space. For all Other City Property that is not a Park or Open Space, the City’s grant to the Company of the right to locate Company Facilities in, on, over or across such Other City Property shall be subject to: (1) the Company already having or first receiving from the City approval of the location of such Company Facilities, in the City’s reasonable discretion; and (2) the terms and conditions of the use of such Other City Property shall be governed by this Franchise as may be reasonably supplemented to account for the unique nature of such Other City Property; by way of illustration and example only, the City may want to condition the use of Other City Property that is a golf course upon the Company not constructing Company Facilities in fairways or greens or during peak golf season. Nothing in this subsection B shall modify or extinguish pre-existing Company property rights. Further, this paragraph shall not prohibit the Company from modifying, replacing or upgrading Company Facilities already located in Parks or Open Space in accordance with the terms and conditions of the City license agreement, permit or other agreement that granted the Company the right to use such Other City Property or, if there is no such license agreement, permit or other agreement, in accordance with this Franchise. C. New Company Facilities in Other City Property that are Parks or Open Space. The City’s grant to the Company of the right to locate Company Facilities in, on, over or across Other City Property that is a Park or Open Space shall be subject to (1) the Company’s already having or first receiving from the City a revocable license, permit or other agreement approving the location of such Company Facilities, which the City may grant or deny in its sole discretion; and (2) the terms and conditions of such revocable license agreement, permit or other written agreement. Nothing in this subsection C shall modify or extinguish pre-existing Company property rights. Further, this paragraph shall not prohibit the Company from modifying, replacing or upgrading Company Facilities already located in Parks or Open Space in accordance with the terms and conditions of the City license agreement, permit or other agreement that granted the Company the right to use such Parks or Open Space or, if there is no such license agreement, permit or other agreement, in accordance with this Franchise. 4 6.2 Packet Pg. 110 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §2.2 Conditions and Limitations. A. Scope of Franchise. The grant of this Franchise shall extend to all areas of the City as it is now or hereafter constituted that are within the Company’s PUC-certificated service territory; however, nothing contained in this Franchise shall be construed to authorize the Company to engage in activities other than the provision of Utility Service. B. Subject to City Usage. The Company’s right to make reasonable use of City Streets and Other City Property to provide Utility Service to the City and its Residents under this Franchise is subject to and subordinate to any City usage of said Streets and Other City Property. C. Prior Grants Not Revoked. This grant and Franchise is not intended to revoke any prior license, grant, or right to use the Streets, Other City Property or Public Utility Easements and such licenses, grants or rights of use are hereby affirmed. D. Franchise Not Exclusive. The rights granted by this Franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the City reserves the right to make or grant a franchise to any other person, firm, or corporation. E. Mutual Reservation of Rights Concerning Public Utility Easements. Subject to the rights expressly granted to the Company in subsection 2.1 and in other provisions of this Agreement concerning its non-exclusive right to make reasonable use of Public Utility Easements, nothing in this Agreement shall be construed to be a waiver by the City or the Company of any rights, interests, causes of action or claims that either may have under the law concerning the use of Public Utility Easements. §2.3 Effective Date and Term. This Franchise shall take effect on February 1, 2018, (the “Effective Date”) and shall supersede any prior franchise grants to the Company by the City. This Franchise shall terminate on January 31, 2038, unless extended by agreement of the parties. ARTICLE 3 CITY POLICE POWERS §3.1 Police Powers. The Company expressly acknowledges the City’s right to adopt, from time to time, in addition to the provisions contained herein, such laws, including Charter provisions, ordinances and regulations, as it may deem necessary in the exercise of its governmental powers. If the City considers making any substantive changes in its local codes or regulations that in the City’s reasonable opinion will significantly impact the Company’s operations in the City’s Streets, Public Utility Easements and Other City Property, it will make a good faith effort to advise the Company of such consideration; provided, however, that lack of notice shall not be justification for the Company’s non- compliance with any applicable local requirements. §3.2 Regulation of Streets and Other City Property. The Company expressly acknowledges the City’s right to enforce regulations concerning the Company’s access to or use of the Streets and Other City Property. In addition, the Company acknowledges the City’s right 5 6.2 Packet Pg. 111 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) to require the Company to obtain permits for work in Streets, Other City Property and Public Utility Easements. §3.3 Compliance with Laws. The Company shall promptly and fully comply with all laws, regulations, permits and orders lawfully enacted by the City. Nothing herein provided shall prevent the Company from legally challenging or appealing the enactment or applicability of any laws, regulations, permits and orders enacted by the City. To the extent that the Company believes that any City regulations, permits and orders are inconsistent with Industry Standards, the City agrees to meet with the Company upon the Company’s written request for consideration of the matters at issue within a reasonable period of time. §3.4 Industry Standards. In enacting laws and regulations and issuing permits that affect the Company’s access to or use of the Streets, Other City Property and Public Utility Easements, the City agrees, without limiting the City’s police powers, to make good faith efforts to make its regulations and permit conditions consistent with Industry Standards to the extent practicable, and the Company agrees to make good faith efforts to advise the City of Industry Standards that affect the Company’s operations within the City. In addition, without limiting the City’s police power, the City will take into consideration any input from the Company on new regulations and permit conditions that the Company believes unnecessarily increase its cost of operations within the City. ARTICLE 4 FRANCHISE FEE §4.1 Franchise Fee. A. Fee. In consideration for this Franchise, which provides the certain terms related to the Company’s use of City Streets, Public Utility Easements and Other City Property, which are valuable public properties acquired and maintained by the City at the expense of its Residents, and in recognition of the fact that the grant to the Company of this Franchise is a valuable right, the Company shall initially pay the City a sum not to exceed one and seven hundredths percent (1.07%) of all Gross Revenues (the “Franchise Fee”). However, the City may elect at any time to increase or decrease the percentage amount used to calculate the Franchise Fee, but any new percentage amount shall not exceed three percent (3%) of Gross Revenues. To so increase or decrease the percentage amount, the City shall provide the Company with prior written notice stating the new percentage and the date it will become effective. Such notice shall be given not less than sixty (60) days before the stated effective date. To the extent required by law, the Company shall collect the Franchise Fee from a corresponding surcharge upon City Residents who are customers of the Company. B. Obligation in Lieu of Fee. In the event that the Franchise Fee specified herein is declared void for any reason by a court of competent jurisdiction, unless prohibited by law, the Company shall be obligated to pay the City, at the same times and in the same manner as provided in this Franchise, an aggregate amount equal to the amount that the Company would have paid as a Franchise Fee as partial consideration for use of the City Streets, Public Utility Easements and Other City Property. Such payments shall be made 6 6.2 Packet Pg. 112 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) in accordance with applicable provisions of law. Further, to the extent required by law, the Company shall collect the amounts agreed upon through a surcharge upon Utility Service provided to City Residents who are customers of the Company. C. Changes in Utility Service Industries. The City and the Company recognize that utility service industries are the subject of restructuring initiatives by legislative and regulatory authorities, and are also experiencing other changes as a result of mergers, acquisitions, and reorganizations. Some of such initiatives and changes may have an adverse impact upon the Franchise Fee revenues provided for herein. In recognition of the length of the term of this Franchise, the Company agrees that in the event of any such initiatives or changes and to the extent permitted by law, upon receiving a written request from the City, the Company will cooperate with and assist the City in making reasonable modifications of this Franchise in an effort to provide that the City receives an amount in Franchise Fees or some other form of compensation that is the same amount of Franchise Fees paid to the City as of the date that such initiatives and changes adversely impact Franchise Fee revenues. D. Utility Service Provided to the City. No Franchise Fee surcharge shall be charged to the City for Utility Service provided directly or indirectly to the City for its own consumption, unless otherwise directed by the City in writing and in a manner consistent with Company policy. §4.2 Remittance of Franchise Fee. A. Remittance Schedule. Franchise Fee revenues shall be remitted by the Company to the City as directed by the City in monthly installments not more than thirty (30) days following the close of each month. B. Correction of Franchise Fee Payments. In the event that either the City or the Company discovers that there has been an error in the calculation of the Franchise Fee payment to the City, either party shall provide written notice of the error to the other party. Subject to the following sentence, if the party receiving written notice of the error does not agree with the written notice of error, that party may challenge the written notice of error pursuant to Section 4.2.D of this Franchise; otherwise, the error shall be corrected in the next monthly payment. However, if the error results in an overpayment of the Franchise Fee to the City, and said overpayment is in excess of Five Thousand Dollars ($5,000.00), correction of the overpayment by the City shall take the form of a credit against future Franchise Fees and shall be spread over the same period the error was undiscovered or the City may make a full refund payment to the Company. If such period would extend beyond the term of this Franchise, the Company may elect to require the City to provide it with a full refund instead of a credit, with such refund to be spread over the same period the error was undiscovered, even if the refund will be paid after the termination date of this Franchise. All Franchise Fee underpayments shall be corrected in the next monthly payment, together with interest computed at the rate set by the PUC for customer security deposits held by the Company, from the date when due until the date 7 6.2 Packet Pg. 113 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) paid. Subject to the terms of the Tariffs, in no event shall either party be required to fund or refund more than five(5) years of any overpayment or underpayment made as a result of a Company error which occurred more than five (5) years prior to the discovery of the error. C. Audit of Franchise Fee Payments. (1) At the request of the City, every three (3) years commencing at the end of the third year of this Franchise, the Company shall conduct an internal audit, in accordance with the Company’s auditing principles and policies that are applicable to gas utilities that are developed in accordance with the Institute of Internal Auditors, to investigate and determine the correctness of the Franchise Fee paid to the City. Such audit shall be limited to the previous three (3) calendar years. The Company shall provide a written report to the City Manager summarizing the audit procedures followed along with any potential findings. (2) If the City disagrees with the results of the audit, and if the parties are not able to informally resolve their differences, the City may conduct its own audit at its own expense, in accordance with generally accepted auditing principles applicable to gas utilities, and the Company shall cooperate by providing the City’s auditor with non- confidential information that would be required to be disclosed under applicable state sales and use tax laws and applicable PUC rule and regulations. (3) If the results of a City audit conducted pursuant to subsection C(2) concludes that the Company has underpaid the City by two percent (2%) or more, in addition to the obligation to pay such amounts to the City, the Company shall also pay all reasonable costs of the City’s audit. The Company shall not be responsible for the costs of the City’s audit when the underpayment is caused by errors from information provided by an entity certified by the Colorado Department of Revenue as a “hold harmless entity” or other similar entity recognized by the Colorado Department of Revenue. D. Fee Disputes. Either party may challenge any written notification of error as provided for in Section 4.2.B of this Franchise by filing a written notice to the other party within thirty (30) days of receipt of the written notification of error. The written notice shall contain a summary of the facts and reasons for the party’s notice. The parties shall make good faith efforts to resolve any such notice of error before initiating any formal legal proceedings for the resolution of such error. E. Reports. To the extent allowed by law, upon written request by the City, but not more than once per year, the Company shall supply the City with the names and addresses of registered gas suppliers and brokers of natural gas that utilize Company Facilities to sell or distribute natural gas in Colorado. The Company shall not be required to disclose any confidential or proprietary information. §4.3 Franchise Fee Payment Not in Lieu of Permit or Other Fees. Payment of the Franchise Fee does not exempt the Company from any other lawful tax or fee imposed generally upon 8 6.2 Packet Pg. 114 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) persons doing business within the City, except that the Franchise Fee provided for herein shall be in lieu of or a credit against any City occupation, occupancy or similar tax or fee in existence on the Effective Date of this Franchise Agreement for the use of City Streets, Public Utility Easements and Other City Property under the terms set forth in this Franchise. ARTICLE 5 ADMINISTRATION OF FRANCHISE §5.1 City Designee. The City Manager shall designate in writing to the Company an official having full power and authority to administer this Franchise. The City Manager may also designate one or more City representatives to act as the primary liaison with the Company as to particular matters addressed by this Franchise and shall provide the Company with the names and telephone numbers of said City representatives. The City Manager may change these designations by providing written notice to the Company. The City’s designee shall have the right, at all reasonable times, to inspect any Company Facilities in City Streets and Other City Property. §5.2 Company Designee. The Company shall designate a representative to act as the primary liaison with the City and shall provide the City with the name, address, and telephone number for the Company’s representative under this Franchise. The Company may change its designation by providing written notice to the City. The City shall use this liaison to communicate with the Company regarding Utility Service and related service needs for City facilities. §5.3 Coordination of Work. A. The Company agrees to coordinate its activities in City Streets, Public Utility Easements and Other City Property with the City. The City and the Company will meet biannually upon the written request of the City designee to exchange their respective short-term (three years or less) and long-term (more than three years) forecasts and/or work plans for construction and other similar work which may affect City Streets, Other City Property and PUEs, including but not limited to any planned City Streets paving projects. The City and Company shall hold such meetings as either deems necessary to exchange additional information with a view toward coordinating their respective activities in those areas where such coordination may prove beneficial and so that the City will be assured that all applicable provisions of this Franchise, applicable building and zoning codes, and applicable City air and water pollution regulations are complied with, and that aesthetic and other relevant planning principles have been given due consideration. B. In addition to the foregoing meetings, the Company and the City agree to use good faith efforts to provide notice to one another whenever: (a) the Company initiates plans to significantly upgrade its infrastructure within the City; (b) third party applicants within the City initiate private land uses and projects requiring a significant installation of gas utility infrastructure; or (c) the City initiates a Public Project that requires significant 9 6.2 Packet Pg. 115 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) upgrade to future gas utility development by the Company, in order to allow for mutual City and Company input and consultation for beneficial coordination of activities. ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN §6.1 Purpose. The Company acknowledges the critical nature of the municipal services performed or provided by the City to the Residents that require the Company to provide prompt and reliable Utility Service and the performance of related services for City facilities. The City and the Company wish to provide for certain terms and conditions under which the Company will provide Utility Service and perform related services for the City in order to facilitate and enhance the operation of City facilities. They also wish to provide for other processes and procedures related to the provision of Utility Service to the City. §6.2 Supply. Subject to the jurisdiction of the PUC, the Company shall take all reasonable and necessary steps to provide a sufficient supply of gas to Residents at the lowest reasonable cost consistent with reliable supplies. §6.3 Charges to the City for Service to City Facilities. No charges to the City by the Company for Utility Service (other than gas transportation which shall be subject to negotiated contracts) shall exceed the lowest charge for similar service or supplies provided by the Company to any other similarly situated customer of the Company. The parties acknowledge the jurisdiction of the PUC over the Company’s regulated intrastate gas rates. All charges to the City shall be in accord with the Tariffs. §6.4 Restoration of Service. A. Notification. The Company shall provide to the City daytime and nighttime telephone numbers of a designated Company representative from whom the City designee may obtain status information from the Company on a twenty-four (24) hour basis concerning interruptions of Utility Service in any part of the City. B. Restoration. In the event the Company’s gas system within the City, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore such system to satisfactory service within the shortest practicable time, or provide a reasonable alternative to such system if the Company elects not to restore such system. §6.5 Obligations Regarding Company Facilities. A. Company Facilities. All Company Facilities within City Streets and Other City Property shall be maintained in good repair and condition. 10 6.2 Packet Pg. 116 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) B. Company Work within the City. All work within City Streets and Other City Property performed or caused to be performed by the Company shall be done: (1) in a high-quality manner that is in accordance with Industry Standards; (2) in a timely and expeditious manner; (3) in a manner that reasonably minimizes inconvenience to the public; (4) in a cost-effective manner, which may include the use of qualified contractors; and (5) in accordance with all applicable laws, ordinances and regulations. C. No Interference with City Facilities. Company Facilities shall not unreasonably interfere with any City facilities, including without limitation electric facilities, water facilities, sanitary and storm sewer facilities, communications facilities, or other City uses of the Streets, Public Utility Easements or Other City Property. Company Facilities shall be installed and maintained in City Streets and Other City Property so as to reasonably minimize interference with other property, trees, and other improvements and natural features in and adjoining the Streets and Other City Property in light of the Company’s obligation under Colorado law to provide safe and reliable utility facilities and services. In addition, Company Facilities shall be located or relocated in manner that satisfies all applicable City standards and Industry Standards for separation from existing and planned City facilities. D. Permit and Inspection. The installation, renovation, and replacement of any Company Facilities in the City Streets or Other City Property by or on behalf of the Company shall be subject to permit, inspection and approval by the City in accordance with applicable laws. Such permitting, inspection and approval may include, but shall not be limited to, the following matters: location of Company Facilities, cutting and pruning of trees and shrubs and disturbance of pavement, sidewalks and surfaces of City Streets or Other City Property; provided, however, the Company shall have the right to cut, prune, and/or remove vegetation in accordance with its standard vegetation management requirements and procedures. The Company agrees to cooperate with the City in conducting inspections and shall promptly perform any remedial action lawfully required by the City pursuant to any such inspection. E. Compliance. Subject to the provisions of Section 3.3, the Company and all of its contractors shall comply with the requirements of applicable municipal laws, ordinances, regulations, permits, and standards lawfully adopted, including but not limited to requirements of all building and zoning codes, and requirements regarding curb and pavement cuts, excavating, digging, and other construction activities. The Company shall use commercially reasonable efforts to require that its contractors and subcontractors working in City Streets or Other City Property hold the necessary licenses and permits required by law. §6.6 As-Built Drawings. 11 6.2 Packet Pg. 117 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) A. Within thirty (30) days after written request of the City designee, but no sooner than fourteen (14) days after project completion, the Company shall commence its internal process to permit the Company to provide, on a project by project basis, as-built drawings of any Company Facility installed within the City Streets or Other City Property or contiguous to the City Streets or Other City Property. The Company shall provide the requested documents no later than forty-five (45) days after it commences its internal process. B. If the requested information must be limited or cannot be provided pursuant to regulatory requirements or Company Tariffs, the Company shall promptly notify the City of such restrictions. The City reserves the right to challenge the Company’s position. The City acknowledges that the requested as-built drawings are confidential information of the Company and the Company asserts that disclosure to members of the public would be contrary to the public interest. Accordingly, the City shall deny the right of inspection of the Company’s confidential information as set forth in C.R.S. §24-72-204(3)(a)(IV), as may be amended from time to time. If an Open Records Act request is made by any third party for confidential or proprietary information that the Company has provided to the City pursuant to this Franchise, the City will notify the Company of the request and shall allow the Company to defend such request at its sole expense, including filing a legal action in any court of competent jurisdiction to prevent disclosure of such information. In any such legal action the Company shall join the person requesting the information and the City. In no circumstance shall the City provide to any third-party confidential information provided by the Company pursuant to this Franchise without first conferring with the Company. Provided the City complies with the terms of this Section, the Company shall defend, indemnify and hold the City harmless from any claim, judgment, costs or attorney fees incurred in participating in such proceeding. C. As used in this Section, as-built drawings refers to hard copies of the facility drawings as maintained in the Company’s business records and shall not include information maintained in the Company’s geographical information system. However, once the Company has developed the capability to create digital or electronic versions of its as-built drawings, the Company agrees to provide those versions to the City. The Company shall not be required to create drawings or data that do not exist at the time of the request. §6.7 Excavation and Construction. Subject to Section 3.3, the Company shall be responsible for obtaining, paying for, and complying with all applicable permits, in the manner required by the laws, ordinances, and regulations of the City. Although the Company shall be responsible for obtaining and complying with the terms of such permits, when performing Relocations requested by the City under Section 6.9 of this Franchise, the City will not require the Company to pay the fees charged for such permits. Upon the Company submitting a construction design plan, the City shall promptly and fully advise the Company in writing of all requirements for restoration of affected City Streets and Other City Property in advance of Company’s excavation projects in those areas, based upon the design submitted, if the City’s restoration requirements are not addressed in publicly available standards. 12 6.2 Packet Pg. 118 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §6.8 Restoration. Subject to the provisions of Section 6.5.D, when the Company does any work in or affecting City Streets or Other City Property, it shall, at its own expense, promptly remove any obstructions placed thereon or therein by the Company and within a reasonable period of time restore such City Streets or Other City Property to a condition that is substantially the same as existed before the work, and that meets applicable City standards. If weather or other conditions do not permit the complete restoration required by this Section, the Company may with the approval of the City, temporarily restore the affected City Streets and Other City Property, provided that such temporary restoration is not at the City’s expense and provided further that the Company promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Upon the request of the City, the Company shall restore the Streets and Other City Property to a better condition than existed before the Company work was undertaken, provided that the City shall be responsible for any incremental costs of such restoration not required by then-current City standards, and provided the City seeks and/or grants, as applicable, any additional required approvals. If the Company fails to promptly restore City Streets or Other City Property as required by this Section, and if, in the reasonable discretion of the City immediate action is required for the protection of public health, safety or welfare, the City may restore such Streets or Other City Property or remove the obstruction therefrom; provided however, City actions do not interfere with Company Facilities. The Company shall be responsible for the actual cost incurred by the City to restore such City Streets or Other City Property or to remove any obstructions therefrom. In the course of its restoration of City Streets, Public Utility Easements or Other City Property under this Section, the City shall not perform work on Company Facilities unless specifically authorized by the Company in writing on a project-by-project basis and subject to the terms and conditions agreed to in such authorization. §6.9 Relocation of Company Facilities. A. Relocation Obligation. The Company shall temporarily or permanently remove, relocate, change or alter the position of any Company Facility (collectively, “Relocate(s),” “Relocation(s),” or “Relocated”) in (i) City Streets or (ii) in Other City Property at no cost or expense to the City whenever the City determines such Relocation is necessary for the completion of any Public Project. In the case of Relocation that is necessary for the completion of any Public Project in a Public Utility Easement that is not in a City Street or Other City Property (to the extent the City is not requesting a relocation for service to the City as a customer of the Company), the Company shall not be responsible for any relocation costs. For all Relocations, the Company and the City agree to cooperate on the location and Relocation of the Company Facilities in the City Streets or Other City Property in order to achieve Relocation in the most efficient and cost-effective manner possible. Notwithstanding the foregoing, once the Company has Relocated any Company Facility at the City’s direction, if the City requests that the same Company Facility be Relocated within two (2) years, the subsequent Relocation shall not be at the Company’s expense. Nothing provided herein shall prevent the Company from recovering its Relocation costs and expenses from third parties. 13 6.2 Packet Pg. 119 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) B. Private Projects. Subject to Section 6.9.F, the Company shall not be responsible for the expenses of any Relocation required by Private Projects, and the Company has the right to require the payment of estimated Relocation expenses from the party causing, or responsible for, the Relocation before undertaking the Relocation. C. Relocation Performance. The Relocations set forth in Section 6.9.A of this Franchise shall be completed within a reasonable time, not to exceed one hundred twenty (120) days from the later of the date on which the City designee requests, in writing, that the Relocation commence, or the date when the Company is provided all Supporting Documentation. The Company shall notify the City within twenty (20) days of receipt of the request it the Supporting Documentation is insufficient to complete the project. The Company shall receive an extension of time to complete a Relocation where the Company’s performance was delayed due to Force Majeure or the failure of the City to provide adequate Supporting Documentation. The Company has the burden of presenting evidence to reasonably demonstrate the basis for the delay. Upon written request of the Company, the City may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold or condition any such extension. D. City Revision of Supporting Documentation. Any revision by the City of Supporting Documentation provided to the Company that causes the Company to substantially redesign and/or change its plans regarding Company Facility Relocation shall be deemed good cause for a reasonable extension of time to complete the Relocation under this Franchise. E. Completion. Each such Relocation shall be complete only when the Company actually Relocates the Company Facilities, restores the Relocation site in accordance with Section 6.7 of this Franchise or as otherwise agreed with the City, and removes from the site or properly abandons on site all unused Company Facilities, equipment, material and other impediments. Any abandonment of Company Facilities as contemplated in this section shall comply with Industry Standards. F. Scope of Obligation. Notwithstanding anything to the contrary in this Franchise, the Company shall not be required to Relocate any Company Facilities from property (a) owned by the Company in fee; or (b) in which the Company has a property right, grant or interest, including without limitation an easement but excluding Public Utility Easements, which are addressed in Section 6.9.A. G. Underground Relocation. Underground Company Facilities shall be Relocated underground. Above ground Company Facilities shall be Relocated above ground unless the Company is paid for the incremental amount by which the underground cost would exceed the above ground cost of Relocation. H. Coordination. (1) When requested in writing by the City designee or the Company, representatives of the City and the Company shall meet to share information regarding 14 6.2 Packet Pg. 120 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) anticipated projects which will require Relocation of Company Facilities in City Streets and Other City Property. Such meetings shall be for the purpose of minimizing conflicts where possible and to facilitate coordination with any reasonable timetable established by the City for any Public Project. (2) The City shall make reasonable best efforts to provide the Company with one (1) year’s advance notice of any planned Street repaving. The Company shall make reasonable best efforts to complete any necessary or anticipated repairs or upgrades to Company Facilities that are located underneath the Streets within the one-year period if practicable. I. Proposed Alternatives or Modifications. Upon receipt of written notice of a required Relocation, the Company may propose an alternative to or modification of the Public Project requiring the Relocation in an effort to mitigate or avoid the impact of the required Relocation of Company Facilities. The City shall in good faith review the proposed alternative or modification. The acceptance of the proposed alternative or modification shall be at the discretion of the City. In the event the City accepts the proposed alternative or modification, the Company agrees to promptly compensate the City for all additional costs, expenses or delay that the City reasonably determines resulted from the implementation of the proposed alternative. §6.10 New or Modified Service Requested by City. The conditions under which the Company shall install new or modified Utility Service to the City as a customer shall be governed by this Franchise and the Company’s Tariffs and the Tariffs shall control in the event of a conflict. §6.11 Service to New Areas. If the territorial boundaries of the City are expanded during the term of this Franchise, the Company shall, to the extent permitted by law, extend service to Residents in the expanded area at the earliest practicable time if the expanded area is within the Company’s PUC-certificated service territory. Service to the expanded area shall be in accordance with the terms of the Tariffs and this Franchise, including the payment of Franchise Fees. §6.12 City Not Required to Advance Funds. Upon receipt of the City’s authorization for billing and construction, the Company shall install Company Facilities to provide Utility Service to the City as a customer, without requiring the City to advance funds prior to construction. The City shall pay for the installation of Company Facilities once completed in accordance with the Tariffs. Notwithstanding anything to the contrary, the provisions of this Section to allow the City to not advance funds prior to construction shall apply unless prohibited by PUC rules or the Tariffs. The parties agree that as of the date of execution of this Agreement, Company Tariff Sheet R120 governs the terms of installation of Company Facilities for the City and allows installation of Company Facilities without the City advancing funds prior to construction. §6.13 Technological Improvements. The Company shall use its best efforts to incorporate, as soon as practicable, technological advances in its equipment and service within the City 15 6.2 Packet Pg. 121 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) when such advances are technically and economically feasible and are safe and beneficial to the City and its Residents. ARTICLE 7 RELIABILITY §7.1 Reliability. The Company shall operate and maintain Company Facilities efficiently and economically, in accordance with Industry Standards, and in accordance with the standards, systems, methods and skills consistent with the provision of adequate, safe and reliable Utility Service. §7.2 Franchise Performance Obligations. The Company recognizes that, as part of its obligations and commitments under this Franchise, the Company shall carry out each of its performance obligations in a timely, expeditious, efficient, economical and workmanlike manner. §7.3 Reliability Reports. Upon written request, the Company shall provide the City with a report regarding the reliability of Company Facilities and Utility Service. ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS §8.1 New or Modified Service to City Facilities. In providing new or modified Utility Service to City facilities, the Company agrees to perform as follows: A. Performance. The Company shall complete each project requested by the City within a reasonable time. The parties agree that a reasonable time shall not exceed one hundred eighty (180) days from the date upon which the City designee makes a written request and provides the required Supporting Documentation for all Company Facilities, including a copy to the Area Manager as designated in Section 21.4 below. Provided that the City provides the Company’s designated representative with a copy of the Supporting Documentation, the Company shall notify the City within twenty (20) days of receipt of the request if the Supporting Documentation is sufficient to complete the project. The Company shall be entitled to an extension of time to complete a project where the Company’s performance was delayed due to Force Majeure. Upon request of the Company, the City designee may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension. B. City Revision of Supporting Documentation. Any revision by the City of Supporting Documentation provided to the Company that causes the Company to substantially redesign and/or substantially change its plans regarding new or modified service to City facilities shall be deemed good cause for a reasonable extension of time to complete the Relocation under this Franchise. 16 6.2 Packet Pg. 122 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) C. Completion/Restoration. Each such project shall be complete only when the Company actually provides the service installation or modification required, restores the project site in accordance with the terms of this Franchise or as otherwise agreed with the City and removes from the site or properly abandons on site any unused Company Facilities, equipment, material and other impediments. “Unused” for purposes of this Franchise shall mean that the Company is no longer using the Company Facilities in question and has no plans to use the Company Facilities in the foreseeable future. §8.2 Adjustments to Company Facilities. The Company shall perform adjustments to Company Facilities that are consistent with Industry Standards, including manhole rings and other appurtenances in Streets and Other City Property, to accommodate City Street maintenance, repair and paving operations at no cost to the City. In providing such adjustments to Company Facilities, the Company agrees to perform as follows: A. Performance. The Company shall complete each requested adjustment within a reasonable time, not to exceed thirty (30) days from the date upon which the City makes a written request and provides to the Company all information reasonably necessary to perform the adjustment. The Company shall be entitled to an extension of time to complete an adjustment where the Company’s performance was delayed due to Force Majeure. Upon request of the Company, the City may also grant the Company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension. B. Completion/Restoration. Each such adjustment shall be complete only when the Company actually adjusts and, if required, readjusts, Company Facilities to accommodate City operations in accordance with City instructions following City maintenance, repair or paving operations. C. Coordination. As requested by the City or the Company, representatives of the City and the Company shall meet regarding anticipated Street maintenance operations which will require such adjustments to Company Facilities in Streets or Other City Property. Such meetings shall be for the purpose of coordinating and facilitating performance under this Section. §8.3 Third Party Damage Recovery. A. Damage to Company Interests. If any individual or entity damages any Company Facilities, to the extent permitted by law the City will notify the Company of any such incident of which it has knowledge and will provide to the Company within a reasonable time all pertinent information within its possession regarding the incident and the damage, including the identity of the responsible individual or entity. B. Damage to Company Property for which the City is Responsible. If any individual or entity damages any Company Facilities for which the City is obligated to reimburse the Company for the cost of the repair or replacement, to the extent permitted by law, the Company will notify the City of any such incident of which it has knowledge and will provide to the City within a reasonable time all pertinent information within its 17 6.2 Packet Pg. 123 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) possession regarding the incident and the damage, including the identity of the responsible individual or entity. C. Meeting. The Company and the City agree to meet periodically upon written request of either party for the purpose of developing, implementing, reviewing, improving and/or modifying mutually beneficial procedures and methods for the efficient gathering and transmittal of information useful in recovery efforts against third parties for damaging Company Facilities. ARTICLE 9 BILLING AND PAYMENT §9.1 Billing for Utility Services. A. Monthly Billing. Unless otherwise provided in the Tariffs, the rules and regulations of the PUC, or the Public Utility Law, the Company shall render bills monthly to the offices of the City for Utility Service and other related services for which the Company is entitled to payment. B. Address for Billing. Billings for service rendered during the preceding month shall be sent to the person(s) designated by the City and payment for same shall be made as prescribed in this Franchise and the applicable Tariffs. C. Supporting Documents. To the extent requested by the City, the Company shall provide all billings and any underlying Supporting Documentation reasonably requested by the City in an editable and manipulatable electronic format that is acceptable to the Company and the City. D. Annual Meetings. The Company agrees to meet with the City designee on a reasonable basis at the City’s request, but no more frequently than once a year, for the purpose of developing, implementing, reviewing, and/or modifying mutually beneficial and acceptable billing procedures, methods, and formats which may include, without limitation, electronic billing and upgrades or beneficial alternatives to the Company’s current most advanced billing technology, for the efficient and cost effective rendering and processing of such billings submitted by the Company to the City. §9.2 Payment to City. In the event the City determines after written notice to the Company that the Company is liable to the City for payments, costs, expenses or damages of any nature, and subject to the Company’s right to challenge such determination, the City may deduct all monies due and owing the City from any other amounts currently due and owing the Company. Upon receipt of such written notice, the Company may request a meeting between the Company’s designee and a designee of the City to discuss such determination. The City agrees to attend such a meeting. As an alternative to such deduction and subject to the Company’s right to challenge, the City may bill the Company for such assessment(s), in which case, the Company shall pay each such bill within thirty (30) days of the date of receipt of such bill unless it challenges the validity of the charge. If the Company challenges the City determination of liability, the City 18 6.2 Packet Pg. 124 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) shall make such payments to the Company for Utility Service received by the City pursuant to the Tariffs until the challenge has been finally resolved. ARTICLE 10 PURCHASE OR CONDEMNATION §10.1 Municipal Right to Purchase or Condemn. A. Right and Privilege of City. The right and privilege of the City to construct, own and operate a municipal utility, and to purchase pursuant to a mutually acceptable agreement or condemn any Company Facilities located within the territorial boundaries of the City, and the Company’s rights in connection therewith, as set forth in applicable provisions of the City Charter and of the constitution, statutes and case law of the State of Colorado relating to the acquisition of public utilities, are expressly recognized. The City shall have the right, within the time frames and in accordance with the procedures set forth in such provisions, to condemn Company Facilities, land, rights-of-way and easements now owned or to be owned by the Company located within the territorial boundaries of the City. In the event of any such condemnation, no value shall be ascribed or given to the right to use City Streets or Other City Property granted under this Franchise in the valuation of the property thus condemned. B. Notice of Intent to Purchase or Condemn. The City shall provide the Company no less than one (1) year’s prior written notice of its intent to purchase or condemn Company Facilities. Nothing in this Section shall be deemed or construed to constitute a consent by the Company to the City’s purchase or condemnation of Company Facilities, nor a waiver of any Company defenses or challenges related thereto. ARTICLE 11 MUNICIPALLY PRODUCED UTILITY SERVICE §11.1 Municipally Produced Utility Service. A. City Reservation. The City expressly reserves the right to engage in providing natural gas as a utility service to the full extent permitted by law. B. Franchise Not To Limit City’s Rights. Nothing in this Franchise prohibits the City from becoming an aggregator of natural gas utility service or from selling natural gas as a utility service to customers should it be permissible under law. ARTICLE 12 ENVIRONMENT AND CONSERVATION 19 6.2 Packet Pg. 125 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §12.1 Environmental Leadership. The City and the Company agree that sustainable development, environmental excellence and innovation shall form the foundation of the Utility Service provided by the Company under this Franchise. The Company shall continue to cost- effectively monitor its operations to mitigate environmental impacts; shall meet or exceed the requirements of environmental laws, regulations and permits; shall invest in cost- effective environmentally-sound technologies; shall consider environmental issues in its planning and decision-making; and shall support environmental research and development projects and partnerships in our communities through various means, including but not limited to corporate giving and employee involvement. The Company shall continue to explore ways to reduce water consumption at its facilities and to use recycled water where feasible. On or before December 1 of each year, the Company shall provide the City a written report describing its progress in carbon reduction and other environmental efforts, and the parties shall meet at a mutually convenient time and place for a discussion of such. In meeting its obligation under this Section, the Company is not precluded from providing existing internal and external reports that may be used for other reporting requirements. §12.2 Conservation. The City and the Company recognize and agree that Energy Conservation programs offer opportunities for the efficient use of energy and possible reduction of energy costs. The City and the Company further recognize that creative and effective Energy Conservation solutions are crucial to sustainable development. The Company recognizes and shares the City’s stated objectives to advance the implementation of cost- effective Energy Efficiency and Energy Conservation programs that direct opportunities to residential and non-residential customers to manage more efficiently their use of energy and thereby create the opportunity to reduce their energy bills. The Company commits to offer programs that attempt to capture market opportunities for cost-effective Energy Efficiency improvements such as municipal specific programs that provide cash rebates for efficient heating, energy design programs to assist architects and engineers to incorporate energy efficiency in new construction projects, and recommissioning programs to analyze existing systems to optimize performance and conserve energy according to current and future demand side management (“DSM”) programs. In doing so, the Company recognizes the importance of (i) implementing cost-effective programs the benefits of which would otherwise be lost if not pursued in a timely fashion; and (ii) developing cost-effective programs for the various classes of the Company’s customers, including low-income customers. The Company shall advise the City and its Residents of the availability of assistance that the Company makes available for investments in Energy Conservation through newspaper advertisements, bill inserts and Energy Efficiency workshops and by maintaining information about these programs on the Company’s website. Further, the Company will designate a conservation representative to act as the primary liaison with the City who will provide the City with information on how the City may take advantage of reducing energy consumption in City facilities and how the City may participate in Energy Conservation and Energy Efficiency programs sponsored by the Company as provided in the Tariffs. As such, the Company and the City commit to work cooperatively and collaboratively to identify, develop, implement and support programs offering creative and sustainable opportunities to Company customers and Residents, including low-income customers and Residents. The Company 20 6.2 Packet Pg. 126 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) agrees to help the City participate in Company programs and when opportunities exist to partner with others, such as the State of Colorado, the Company will help the City pursue those opportunities. To assist the City in pursuing such opportunities, the Company shall, upon request of the City, provide the City usage data in aggregate form that the City can use in pursuing such opportunities provided the same is not prohibited from disclosure under applicable Tariffs or PUC rules. §12.3 Continuing Commitment. It is the express intention of the City and the Company that the collaborative effort provided for in this Article continue for the entire term of this Franchise. The City and the Company also recognize, however, that the programs identified in this Article may be for a limited duration and that the regulations and technologies associated with Energy Conservation are subject to change. Given this variability, the Company agrees to maintain its commitment to sustainable development and Energy Conservation for the term of this Franchise by continuing to provide leadership, support and assistance, in collaboration with the City, to identify, develop, implement and maintain new and creative programs similar to the programs identified in this Franchise in order to help the City achieve its environmental goals. §12.4 PUC Approval. Nothing in this Article shall be deemed to require the Company to invest in technologies or to incur costs that it has a good faith belief the PUC will not allow the Company to recover through the ratemaking process. ARTICLE 13 TRANSFER OF FRANCHISE §13.1 Consent of City Required. The Company shall not transfer or assign any rights under this Franchise to an unaffiliated third party, except by merger with such third party, or, except when the transfer is made in response to legislation or regulatory requirements, unless the City approves such transfer or assignment in writing. The City may impose reasonable conditions upon the transfer, but Approval of the transfer or assignment shall not be unreasonably withheld, conditioned or delayed. Except as referenced above, any transfer or assignment by the Company of any or all of its rights and obligations under this Franchise without the City’s required prior written consent shall be deemed null and void and of no effect. §13.2 Transfer Fee. In order that the City may share in the value this Franchise adds to the Company’s operations, any transfer or assignment of rights granted under this Franchise requiring City approval, as set forth herein, shall be subject to the condition that the Company shall promptly pay to the City a transfer fee in an amount equal to the proportion of the City’s then-population provided Utility Service by the Company to the then-population of the City and County of Denver provided Utility Service by the Company multiplied by one million dollars ($1,000,000.00). Except as otherwise required by law, such transfer fee shall not be recovered from a surcharge placed only on the rates of Residents. 21 6.2 Packet Pg. 127 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) ARTICLE 14 CONTINUATION OF UTILITY SERVICE §14.1 Continuation of Utility Service. In the event this Franchise is not renewed at the expiration of its term or is terminated for any reason, and the City has not provided for alternative utility service, the Company shall have no obligation to remove any Company Facilities from Streets, Public Utility Easements or Other City Property or discontinue providing Utility Service unless otherwise ordered by the PUC, and shall continue to provide Utility Service within the City until the City arranges for utility service from another provider. The City acknowledges and agrees that the Company has the right to use Streets, Other City Property and Public Utility Easements during any such period. The Company further agrees that it will not withhold any temporary Utility Services necessary to protect the public. The City agrees that in the circumstances of this Article, the Company shall be entitled to monetary compensation as provided in the Tariffs and the Company shall be entitled to collect from Residents and, upon the City’s compliance with applicable provisions of law, shall be obligated to pay the City, at the same times and in the same manner as provided in this Franchise, an aggregate amount equal to the amount which the Company would have paid as a Franchise fee as consideration for use of the City’s Streets and Other City Property. Only upon receipt of written notice from the City stating that the City has adequate alternative utility service for Residents and upon order of the PUC shall the Company be allowed to discontinue the provision of Utility Service to the City and its Residents. ARTICLE 15 INDEMNIFICATION AND IMMUNITY §15.1 City Held Harmless. The Company shall indemnify, defend and hold the City harmless from and against claims, demands, liens and all liability or damage of whatsoever kind on account of or directly arising from the grant of this Franchise, the exercise by the Company of the related rights, but in both instances only to the extent caused by the Company, and shall pay the costs of defense plus reasonable attorneys’ fees. The City shall (a) give prompt written notice to the Company of any claim, demand or lien with respect to which the City seeks indemnification hereunder; and, (b) unless in the City’s judgment a conflict of interest may exist between the City and the Company with respect to such claim, demand or lien, shall permit the Company to assume the defense of such claim, demand, or lien with counsel reasonably satisfactory to the City. If such defense is assumed by the Company, the Company shall not be subject to liability for any settlement made without its consent. If such defense is not assumed by the Company or if the City determines that a conflict of interest exists, the parties reserve all rights to seek all remedies available in this Franchise against each other. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or intentional act or failure to act of the City or any of its officers, agents or employees or to the extent that the City is acting in its capacity as a customer of record of the Company. 22 6.2 Packet Pg. 128 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §15.2 Immunity. Nothing in this Section or any other provision of this Franchise shall be construed as a waiver of the notice requirements, defenses, immunities and limitations of liability the City may have under the Colorado Governmental Immunity Act (§24-10-101, C.R.S., et. seq.) or of any other defenses, immunities, or limitations of liability available to the City by law. ARTICLE 16 BREACH §16.1 Change of Tariffs. The City and the Company agree to take all reasonable and necessary actions to assure that the terms of this Franchise are performed. The Company reserves the right to seek a change in its Tariffs, including but not limited to the rates, charges, terms, and conditions of providing Utility Service to the City and its Residents, and the City retains all rights that it may have to intervene and participate in any such proceedings. §16.2 Breach. A. Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party (the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”) may provide written notice to the Breaching Party of such Breach. Upon receipt of such notice, the Breaching Party shall be given a reasonable time, not to exceed thirty (30) days in which to remedy the Breach or, if such Breach cannot be remedied in thirty (30) days, such additional time as reasonably needed to remedy the Breach, but not exceeding an additional thirty (30) day period, or such other time as the parties may agree. If the Breaching Party does not remedy the Breach within the time allowed in the notice, the Non-Breaching Party may exercise the following remedies for such Breach: (1) specific performance of the applicable term or condition to the extent allowed by law; and (2) recovery of actual damages from the date of such Breach incurred by the Non-Breaching Party in connection with the Breach, but excluding any special, punitive or consequential damages. B. Termination of Franchise by City. In addition to the foregoing remedies, if the Company fails or refuses to perform any material term or condition of this Franchise (a “Material Breach”), the City may provide written notice to the Company of such Material Breach. Upon receipt of such notice, the Company shall be given a reasonable time, not to exceed sixty (60) days in which to remedy the Material Breach or, if such Material Breach cannot be remedied in sixty (60) days, such additional time as reasonably needed to remedy the Material Breach, but not exceeding an additional sixty (60) day period, or such other time as the parties may agree. If the Company does not remedy the Material Breach within the time allowed in the notice, the City may, in its sole discretion, 23 6.2 Packet Pg. 129 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) terminate this Franchise. This remedy shall be in addition to the City’s right to exercise any of the remedies provided for elsewhere in this Franchise. Upon such termination, the Company shall continue to provide Utility Service to the City and its Residents (and shall continue to have associated rights and grants needed to provide such service) until the City makes alternative arrangements for such service and until otherwise ordered by the PUC and the Company shall be entitled to collect from Residents and, upon the City complying with applicable provisions of law, shall be obligated to pay the City, at the same times and in the same manner as provided in this Franchise, an aggregate amount equal to the amount which the Company would have paid as a Franchise Fee as consideration for use of the City Streets and Other City Property. Unless otherwise provided by law, the Company shall be entitled to collect such amount from Residents. C. Company Shall Not Terminate Franchise. In no event does the Company have the right to terminate this Franchise. D. No Limitation. Except as provided herein, nothing in this Franchise shall limit or restrict any legal rights or remedies that either party may possess arising from any alleged Breach of this Franchise. ARTICLE 17 AMENDMENTS §17.1 Proposed Amendments. At any time during the term of this Franchise, the City or the Company may propose amendments to this Franchise by giving thirty (30) days written notice to the other of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). However, nothing contained in this Section shall be deemed to require either party to consent to any amendment proposed by the other party. §17.2 Effective Amendments. No alterations, amendments or modifications to this Franchise shall be valid unless executed in writing by the parties, which alterations, amendments or modifications shall be adopted with the same formality used in adopting this Franchise, to the extent required by law. Neither this Franchise nor any term herein may be changed, modified or abandoned, in whole or part, except by an instrument in writing, and no subsequent oral agreement shall have any validity whatsoever. Any amendment of the Franchise shall become effective only upon the approval of the PUC, if such PUC approval is required. ARTICLE 18 EQUAL OPPORTUNITY §18.1 Economic Development. The Company is committed to the principle of stimulating, cultivating and strengthening the participation and representation of persons of color, women and members of other under-represented groups within the Company and in the local business community. The Company believes that increased participation and representation of under-represented groups will lead to mutual and sustainable benefits 24 6.2 Packet Pg. 130 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) for the local economy. The Company is committed also to the principle that the success and economic well-being of the Company is closely tied to the economic strength and vitality of the diverse communities and people it serves. The Company believes that contributing to the development of a viable and sustainable economic base among all Company customers is in the best interests of the Company and its shareholders. §18.2 Employment. A. Programs. The Company is committed to undertaking programs that identify, consider and develop persons of color, women and members of other under-represented groups for positions at all skill and management levels within the Company. B. Businesses. The Company recognizes that the City and the business community in the City, including women and minority owned businesses, provide a valuable resource in assisting the Company to develop programs to promote persons of color, women and members of under-represented communities into management positions, and agrees to keep the City regularly advised of the Company’s progress by providing the City a copy of the Company’s annual affirmative action report upon the City’s written request. C. Recruitment. In order to enhance the diversity of the employees of the Company, the Company is committed to recruiting diverse employees by strategies such as partnering with colleges, universities and technical schools with diverse student populations, utilizing diversity-specific media to advertise employment opportunities, internships, and engaging recruiting firms with diversity-specific expertise. D. Advancement. The Company is committed to developing a world-class workforce through the advancement of its employees, including persons of color, women and members of under-represented groups. In order to enhance opportunities for advancement, the Company will offer training and development opportunities for its employees. Such programs may include mentoring programs, training programs, classroom training and leadership programs. E. Non-Discrimination. The Company is committed to a workplace free of discrimination based on race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability or any other protected status in accordance with all federal, state or local laws. The Company shall not, solely because of race, creed, color, religion, gender, sexual orientation, marital status, age, military status, national origin or ancestry, or physical or mental disability, refuse to hire, discharge, promote, demote or discriminate in matters of compensation, against any person otherwise qualified. F. Board of Directors. The Company shall identify and consider women, persons of color and other under-represented groups to recommend for its Board of Directors, consistent with the responsibility of boards to represent the interests of the Shareholders, customers and employees of the Company. 25 6.2 Packet Pg. 131 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §18.3 Contracting. A. Contracts. It is the Company’s policy to make available to minority and women owned business enterprises and other small and/or disadvantaged business enterprises the maximum practical opportunity to compete with other service providers, contractors, vendors and suppliers in the marketplace. The Company is committed to increasing the proportion of Company contracts awarded to minority and women owned business enterprises and other small and/or disadvantaged business enterprises for services, construction, equipment and supplies to the maximum extent consistent with the efficient and economical operation of the Company. B. Community Outreach. The Company agrees to maintain and continuously develop contracting and community outreach programs calculated to enhance opportunity and increase the participation of minority and women owned business enterprises and other small and/or disadvantaged business enterprises to encourage economic vitality. The Company agrees to keep the City regularly advised of the Company’s programs. C. Community Development. The Company shall maintain and support partnerships with local chambers of commerce and business organizations, including those representing predominately minority owned, women owned and disadvantaged businesses, to preserve and strengthen open communication channels and enhance opportunities for minority owned, women owned and disadvantaged businesses to contract with the Company. §18.4 Coordination. City agencies provide collaborative leadership and mutual opportunities or programs relating to City based initiatives on economic development, employment and contracting opportunity. The Company agrees to review Company programs and mutual opportunities responsive to this Article with these agencies, upon their request, and to collaborate on best practices regarding such programs and coordinate and cooperate with the agencies in program implementation. ARTICLE 19 MISCELLANEOUS §19.1 No Waiver. Neither the City nor the Company shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions, to insist upon or to seek compliance with any such terms and conditions. §19.2 Successors and Assigns. The rights, privileges, and obligations, in whole or in part, granted and contained in this Franchise shall inure to the benefit of and be binding upon the Company, its successors and assigns, to the extent that such successors or assigns have succeeded to or been assigned the rights of the Company pursuant to Article 15 of this Franchise. Upon a transfer or assignment pursuant to Article 15, the Company shall be relieved from all liability from and after the date of such transfer, except as otherwise 26 6.2 Packet Pg. 132 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) provided in the conditions imposed by the City in authorizing the transfer or assignment and under state and federal law. §19.3 Third Parties. Nothing contained in this Franchise shall be construed to provide rights to third parties. §19.4 Notice. Both parties shall designate from time to time in writing representatives for the Company and the City who will be the persons to whom notices shall be sent regarding any action to be taken under this Franchise. Notice shall be in writing and forwarded by certified mail, reputable overnight courier or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party, delivered in person or by certified mail. Notice shall be deemed received (a) three (3) days after being mailed via the U.S. Postal Service, (b) one (1) business day after mailed if via reputable overnight courier, or (c) upon hand delivery if delivered by courier. Until any such change shall hereafter be made, notices shall be sent as follows: To the City: City Manager 300 LaPorte Ave. P.O. Box 580 Fort Collins, Colorado 80522 With a copy to: City Attorney 300 LaPorte Ave. P.O. Box 580 Fort Collins, Colorado 80522 To the Company: Regional Vice President, Customer and Community Relations Public Service Company of Colorado P.O. Box 840 Denver, Colorado 80201 With a copy to: Legal Department Public Service Company of Colorado P.O. Box 840 Denver, Colorado 80201 and 27 6.2 Packet Pg. 133 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) Area Manager Public Service Company of Colorado 1500 6 th Ave Greeley, Colorado 80632 Any request involving any audit specifically allowed under this Franchise shall also be sent to: Audit Services Public Service Company of Colorado P.O. Box 840 Denver, Colorado 80201 §19.5 Examination of Records. The parties agree that any duly authorized representative of the City shall have access to and the right to examine any books, documents, papers, and records of the Company reasonably related to the Company’s compliance with the terms and conditions of this Franchise. Information shall be provided within thirty (30) days of any written request. Any books, documents, papers, and records of the Company in any form that are requested by the City, that contain confidential information shall be conspicuously identified as “confidential” or “proprietary” by the Company. In no case shall any privileged communication be subject to examination by the City pursuant to the terms of this Section. “Privileged Communication” means any communication that would not be discoverable due to the attorney client privilege or any other privilege that is generally recognized in Colorado, including but not limited to the work product doctrine. The work product doctrine shall include information developed by the Company in preparation for PUC proceedings. (1) The City will maintain the confidentiality of the information by keeping it under seal and segregated from information and documents that are available to the public; (2) The information shall be used solely for the purpose of determining the Company’s compliance with the terms and conditions of this Franchise; (3) The information shall only be made available to City employees and consultants who represent in writing that they agree to be bound by the provisions of this subsection; (4) The information shall be held by the City for such time as is reasonably necessary for the City to address the Franchise issue(s) that generated the request, and shall be returned to the Company when the City has concluded its use of the information. The parties agree that in most cases, the information should be returned within one hundred twenty (120) days. However, in the event that the information is needed in connection with any action that requires more time, including, but not necessarily limited to litigation, administrative proceedings and/or other disputes, the City 28 6.2 Packet Pg. 134 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) may maintain the information until such issues are fully and finally concluded. §19.6 Confidential or Proprietary Information. If an Open Records Act (§§24-72-201 et seq. C.R.S.) request is made by any third party for confidential or proprietary information that the Company has provided to the City pursuant to this Franchise, the City will promptly notify the Company of the request and shall allow the Company to defend such request at its sole expense, including filing a legal action in any court of competent jurisdiction to prevent disclosure of such information. In any such legal action the Company shall join the person requesting the information and the City. In no circumstance shall the City provide to any third party confidential information provided by the Company pursuant to this Franchise without first conferring with the Company. The Company shall defend, indemnify and hold the City harmless from any claim, judgment, costs or attorney fees incurred in participating in such proceeding. Unless otherwise agreed between the parties, the following information shall not be provided by the Company: confidential employment matters, specific information regarding any of the Company’s customers, information related to the compromise and settlement of disputed claims including but not limited to PUC dockets, information provided to the Company which is declared by the provider to be confidential, and which would be considered confidential to the provider under applicable law. §19.7 List of Utility Property. The Company shall provide the City, upon request not more than once every two (2) years, a list of electric and gas utility-related real property owned in fee by the Company within the County in which the City is located. The list shall include the legal description of the real property, and where available on the deed, the physical street address. If the physical address is not available on the deed, if the City requests the physical address of the real property described in this Section 19.7, to the extent that such physical street address is readily available to the Company, the Company shall provide such address to the City. All such records must be kept for a minimum of three (3) years or such shorter duration if required by Company policy. §19.8 PUC Filings. Upon written request by the City, the Company shall provide the City non- confidential copies of all applications, advice letters and periodic reports, together with any accompanying non-confidential testimony and exhibits, filed by the Company with the Public Utilities Commission. Notwithstanding the foregoing, notice regarding any gas filings that may affect Utility Service rates in the City shall be sent to the City upon filing. §19.9 Information. Upon written request, the Company shall provide the City Manager or the City Manager’s designee with: A. A copy of the Company’s or its parent company’s consolidated annual financial report, or alternatively, a URL link to a location where the same information is available on the Company’s website; B. Maps or schematics indicating the location of specific Company Facilities (subject to City executing a confidentiality agreement as required by Company policy), including gas or electric lines, located within the City, to the extent those maps or 29 6.2 Packet Pg. 135 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) schematics are in existence at the time of the request and related to an ongoing project within the City. The Company does not represent or warrant the accuracy of any such maps or schematics; and C. A copy of any report required to be prepared for a federal or state agency detailing the Company’s efforts to comply with federal and state air and water pollution laws. §19.10 Payment of Taxes and Fees. A. Impositions. Except as otherwise provided herein, the Company shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, and imposts, whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge against this Franchise (“Impositions”), provided that the Company shall have the right to contest any such Impositions and shall not be in breach of this Section so long as it is actively contesting such Impositions. B. City Liability. The City shall not be liable for the payment of late charges, interest or penalties of any nature other than pursuant to applicable Tariffs. §19.11 Conflict of Interest. The parties agree that no official, officer or employee of the City shall have any personal or beneficial interest whatsoever in the services or property described herein and the Company further agrees not to hire or contract for services any official, officer or employee of the City to the extent prohibited by law, including ordinances and regulations of the City. §19.12 Certificate of Public Convenience and Necessity. The City agrees to support the Company’s application to the PUC to obtain a Certificate of Public Convenience and Necessity to exercise its rights and obligations under this Franchise. §19.13 Authority. Each party represents and warrants that except as set forth below, it has taken all actions that are necessary or that are required by its ordinances, regulations, procedures, bylaws, or applicable law, to legally authorize the undersigned signatories to execute this Franchise on behalf of the parties and to bind the parties to its terms. The persons executing this Franchise on behalf of each of the parties warrant that they have full authorization to execute this Franchise. The City acknowledges that notwithstanding the foregoing, the Company requires a Certificate of Public Convenience and Necessity from the PUC in order to operate under the terms of this Franchise. §19.14 Severability. Should any one or more provisions of this Franchise be determined to be unconstitutional, illegal, unenforceable or otherwise void, all other provisions nevertheless shall remain effective; provided, however, to the extent allowed by law, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft one or more substitute provisions that will achieve the original intent of the parties hereunder. 30 6.2 Packet Pg. 136 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) §19.15 Force Majeure. Neither the City nor the Company shall be in breach of this Franchise if a failure to perform any of the duties under this Franchise is due to Force Majeure, as defined herein. §19.16 Earlier Franchises Superseded. This Franchise shall constitute the only franchise between the City and the Company related to the furnishing of Utility Service, and it supersedes and cancels all former franchises between the parties hereto. §19.17 Titles Not Controlling. Titles of the paragraphs herein are for reference only, and shall not be used to construe the language of this Franchise. §19.18 Applicable Law. Colorado law shall apply to the construction and enforcement of this Franchise. The parties agree that venue for any litigation arising out of this Franchise shall be in the District Court for Larimer County, State of Colorado. §19.19 Payment of Expenses Incurred by City in Relation to Franchise Agreement. The Company shall pay for expenses reasonably incurred by the City for the adoption of this Franchise, limited to the publication of notices, publication of ordinances, and photocopying of documents and other similar expenses. §19.20 Costs of Compliance with Franchise. The parties acknowledge that PUC rules, regulations and final decisions may require that costs of complying with certain provisions of this Franchise be borne by customers of the Company who are located within the City. §19.21 Conveyance of City Streets or Other City Property. In the event the City vacates, releases, sells, conveys, transfers or otherwise disposes of a City Street or Other City Property in which Company Facilities are located, the City shall reserve an easement in favor of the Company over that portion of the Street or Other City Property in which such Company Facilities are located. The Company and the City shall work together to prepare the necessary legal description to effectuate such reservation. For the purposes of Section 6.8.A of this Franchise, the land vacated, released, sold, conveyed, transferred or otherwise disposed of by the City shall no longer be deemed to be a Street or Other City Property from which the City may demand the Company temporarily or permanently Relocate Company Facilities at the Company’s expense. §19.22 Audit. For any audits specifically allowed under this Franchise, such audits shall be subject to the applicable Tariff and PUC rules and regulations. Audits in which the auditor is compensated on the basis of a contingency fee arrangement shall not be permitted. (Signature page follows.) 31 6.2 Packet Pg. 137 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) IN WITNESS WHEREOF, the parties have caused this Franchise to be executed as of the ______ day of _______________, 2017. CITY OF FORT COLLINS ATTEST: ____________________________________ _______________________________ Mayor, City of Fort Collins Clerk, City of Fort Collins APPROVED AS TO FORM: _______________________________ Deputy City Attorney, City of Fort Collins PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation By:_________________________________ Jerome Davis, Regional Vice President, Customer and Community Relations STATE OF COLORADO ) )SS. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _ day of ___________, 2017 by Jerome Davis, Regional Vice President, Customer and Community Relations of Public Service Company of Colorado, a Colorado corporation. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public My Commission expires: ______________ (SEAL) 32 6.2 Packet Pg. 138 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) Text of Ad: 12/11/2017 EXHIBIT B 6.2 Packet Pg. 139 Attachment: Ordinance No. 006, 2018 (6373 : SR 006 Public Service Franchise) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Chief Judge. EXECUTIVE SUMMARY City Council met in executive session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen M. Lane. This Ordinance, unanimously adopted on First Reading on January 2, 2018, establishes the 2018 salary of the Chief Judge at 120,667 and total compensation at $149,125. STAFF RECOMMENDATION None. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Salary Compensation Chart (PDF) 3. Ordinance No. 007, 2018 (PDF) 7 Packet Pg. 140 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Chief Judge. EXECUTIVE SUMMARY The purpose of this item is to establish the 2018 salary of the Chief Judge. City Council met in executive session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen M. Lane. This Ordinance sets the 2018 compensation of the Chief Judge. STAFF RECOMMENDATION None. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward outstanding performance. To accomplish this goal, the City Council and the Chief Judge meet twice a year to discuss performance and set goals for the coming year. In 2017, the total compensation including benefits provided to the Chief Judge is as follows: 2017 Salary and Benefits Annual Salary (.80 FTE) $ 117,152 Medical Insurance $ 10,824 Dental Insurance $ 588 Life Insurance $ 205 Long Term Disability $ 568 ICMA (457) $ 3,515 ICMA (401) $ 11,715 Total Monetary Compensation $ 144,569 Non-Monetary Benefits Vacation (32 days per year) Holidays (9 days per year) Resolution 2014-096, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Chief Judge, states that any change in compensation for the City Manager, City Attorney and Chief Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect ATTACHMENT 1 7.1 Packet Pg. 141 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6374 : SR 007 Salary-Chief Judge) Agenda Item 16 Item # 16 Page 2 as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2018 compensation. ATTACHMENTS 1. Powerpoint presentation (PDF) 7.1 Packet Pg. 142 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6374 : SR 007 Salary-Chief Judge) Prepared by Human Resources December 19, 2017 Chief Judge Monetary Monetary % Increase 3.00% Base Salary $117,152 Base Salary $120,667 Medical Insurance 10,824 Medical Insurance 11,364 Dental Insurance 588 Dental Insurance 612 Life Insurance 205 Life Insurance 211 Long Term Disability 568 Long Term Disability 585 ICMA 457 3,515 ICMA 457 3,620 ICMA 401 11,715 ICMA 401 12,067 Non-Monetary Non-Monetary Vacation 32 days Vacation 32 days Holiday 9 days Holiday 9 days Total Compensation $144,569 Total Compensation $149,125 % Difference - Total Comp 3.2% $ Difference - Total Comp $4,557 2017 Projected 2018 ATTACHMENT 2 7.2 Packet Pg. 143 Attachment: Salary Compensation Chart (6374 : SR 007 Salary-Chief Judge) -1- ORDINANCE NO. 007, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE COMPENSATION OF THE CHIEF JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the Chief Judge; and WHEREAS, the City of Fort Collins is committed to compensating its employees in a manner that is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, each year the City Council conducts a review of the past year's performance and the next year’s goals of the Chief Judge; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the Chief Judge to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council has determined that the base salary of the Chief Judge should be established at the amount of $120,667 effective January 1, 2018, so that the total compensation of the Chief Judge for 2018 will be $149,125. 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 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-606. Salary of the Chief Judge. The base salary to be paid to the Chief Judge for working 0.8 FTE shall be one hundred twenty thousand six hundred sixty-seven ($120,667) per annum, payable in biweekly installments, which sum shall be charged to general government expense. 7.3 Packet Pg. 144 Attachment: Ordinance No. 007, 2018 (6374 : SR 007 Salary-Chief Judge) -2- Section 3. That the effective date of the salary adjustment shall be January 1, 2018, to be paid retroactively within a reasonable period of time after this Ordinance becomes final. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.3 Packet Pg. 145 Attachment: Ordinance No. 007, 2018 (6374 : SR 007 Salary-Chief Judge) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. EXECUTIVE SUMMARY City Council met in executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City Attorney. This Ordinance, unanimously adopted on First Reading on January 2, 2018, sets the 2018 compensation of the City Attorney at $194,259 and total compensation at $232,770. STAFF RECOMMENDATION None. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Salary Compensation Chart (PDF) 3. Ordinance No. 008, 2018 (PDF) 8 Packet Pg. 146 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. EXECUTIVE SUMMARY The purpose of this item is to establish the 2018 salary of the City Attorney. City Council met in executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City Attorney. This Ordinance sets the 2018 compensation of the City Attorney. STAFF RECOMMENDATION None. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is market based, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward outstanding performance. To accomplish this goal, the City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year. In 2017, the total compensation including benefits provided to the City Attorney is as follows: 2017 Salary and Benefits Annual Salary $ 189,521 Medical Insurance $ 10,824 Dental Insurance $ 588 Life Insurance $ 331 Long Term Disability $ 919 ICMA (457) $ 5,686 ICMA (401) $ 18,952 Total Monetary Compensation $ 226,821 Non-Monetary Benefits Vacation (30 days per year) Holidays (9 days per year) In addition, the City Attorney cashed out 120 hours of accrued and unused vacation totaling $10,934. Resolution 2014-096 establishes the process for evaluating the performance of the City Manager, City Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted by the Council ATTACHMENT 1 8.1 Packet Pg. 147 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6375 : SR 008 Salary-City Attorney) Agenda Item 17 Item # 17 Page 2 by Ordinance in sufficient time for the change to take effect the first day of the first full pay period of the ensuing year. This Ordinance will amend the City Code to reflect the City Attorney’s 2018 salary. ATTACHMENTS 1. Powerpoint presentation (PDF) 8.1 Packet Pg. 148 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6375 : SR 008 Salary-City Attorney) Prepared by Human Resources December 19, 2017 City Attorney Monetary Monetary % Increase 2.50% Base Salary $189,521 Base Salary $194,259 Medical Insurance 10,824 Medical Insurance 11,364 Dental Insurance 588 Dental Insurance 612 Life Insurance 331 Life Insurance 339 Long Term Disability 919 Long Term Disability 942 ICMA 457 5,686 ICMA 457 5,828 ICMA 401 18,952 ICMA 401 19,426 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 9 days Holiday 9 days Total Compensation $226,821 Total Compensation $232,770 % Difference - Total Comp 2.6% $ Difference - Total Comp $5,949 2017 Projected 2018 ATTACHMENT 2 8.2 Packet Pg. 149 Attachment: Salary Compensation Chart (6375 : SR 008 Salary-City Attorney) -1- ORDINANCE NO. 008, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE COMPENSATION OF THE CITY ATTORNEY WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Attorney; and WHEREAS, the City is committed to compensating its employees in a manner that is fair, competitive and understandable; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Attorney to bring that salary more in line with the appropriate market data; and WHEREAS, the City Council met with the City Attorney to conduct a review and establish goals for her performance; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council believes the base salary of the City Attorney for 2018 should be established at the amount of $194,259 effective January 1, 2018, so that the total compensation of the City Attorney in 2018 will be $232,770. 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 2-581 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-581. Salary of the City Attorney. The base salary to be paid the City Attorney shall be one hundred ninety four thousand two hundred fifty-nine dollars ($194,259) per annum, payable in biweekly installments. Sixty (60) percent of such sum shall be charged to general government expense, twenty (20) percent to the City water utility and twenty (20) percent to the City electric utility. Section 3. That the effective date of the salary adjustment shall be January 1, 2018, to be paid retroactively within a reasonable period of time after this Ordinance becomes final. 8.3 Packet Pg. 150 Attachment: Ordinance No. 008, 2018 (6375 : SR 008 Salary-City Attorney) -2- Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 8.3 Packet Pg. 151 Attachment: Ordinance No. 008, 2018 (6375 : SR 008 Salary-City Attorney) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry, City Manager. This Ordinance sets the 2018 compensation of the City Manager at $262,489 and total compensation at $319,320. STAFF RECOMMENDATION None. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Salary Compensation Chart (PDF) 3. Ordinance No. 009, 2018 (PDF) 9 Packet Pg. 152 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the City Manager. EXECUTIVE SUMMARY The purpose of this item is to establish the 2018 compensation of the City Manager. City Council met in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry, City Manager. This Ordinance sets the 2018 compensation of the City Manager. STAFF RECOMMENDATION None. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is market based, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward outstanding performance. To accomplish this goal, the City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year. In 2017, the total compensation including benefits provided to the City Manager is as follows: 2017 Salary and Benefits Annual Salary $ 256,087 Medical Insurance $ 10,824 Dental Insurance $ 588 Life Insurance $ 447 Long Term Disability $ 1,242 ICMA (457) $ 7,683 ICMA (401) $ 25,609 Car Allowance $ 9,000 Total Monetary Compensation $ 311,481 Non-Monetary Benefits Vacation (30 days per year) Holidays (9 days per year) In addition, the City manager cashed out 120 hours of accrued and unused vacation totaling $14,774. ATTACHMENT 1 9.1 Packet Pg. 153 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6379 : SR 009 Salary-City Manager) Agenda Item 18 Item # 18 Page 2 Resolution 2014-096 establishes the process for evaluating the performance of the City Manager, City Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted by the Council by Ordinance in sufficient time for the change to take effect the first day of the first full pay period of the ensuing year. This Ordinance will amend the City Code to reflect the City Manager’s 2018 salary. ATTACHMENTS 1. Powerpoint presentation (PDF) 9.1 Packet Pg. 154 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6379 : SR 009 Salary-City Manager) Prepared by Human Resources December 19, 2017 City Manager Monetary Monetary % Increase 2.50% Base Salary $256,087 Base Salary $262,489 Medical Insurance 10,824 Medical Insurance 11,364 Dental Insurance 588 Dental Insurance 612 Life Insurance 447 Life Insurance 458 Long Term Disability 1,242 Long Term Disability 1,273 ICMA 457 7,683 ICMA 457 7,875 ICMA 401 25,609 ICMA 401 26,249 Car Allowance 9,000 Car Allowance 9,000 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 9 days Holiday 9 days Total Compensation $311,481 Total Compensation $319,320 % Difference - Total Comp 2.5% $ Difference - Total Comp $7,839 2017 Projected 2018 ATTACHMENT 2 9.2 Packet Pg. 155 Attachment: Salary Compensation Chart (6379 : SR 009 Salary-City Manager) -1- ORDINANCE NO. 009, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE COMPENSATION OF THE CITY MANAGER WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Manager; and WHEREAS, the City is committed to compensating its employees in a manner that is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Manager to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Manager to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council believes that the base salary of the City Manager should be established at the amount of $262,489 effective January 1, 2018, so that the total compensation of the City Manager in 2018 will be $319,320. 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 2-596 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-596. Salary of the City Manager. The base salary to be paid the City Manager shall be two hundred sixty two thousand, four hundred eighty-nine dollars ($262,489) per annum, payable in biweekly installments. Forty (40) percent of such sum shall be charged to the city electric utility, twenty (20) percent to the city water utility and forty (40) percent to general government expense. 9.3 Packet Pg. 156 Attachment: Ordinance No. 009, 2018 (6379 : SR 009 Salary-City Manager) -2- Section 3. That the effective date of the salary adjustment shall be January 1, 2018, to be paid retroactively within a reasonable period of time after this Ordinance becomes final. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 9.3 Packet Pg. 157 Attachment: Ordinance No. 009, 2018 (6379 : SR 009 Salary-City Manager) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal Cyril Vidergar, Legal SUBJECT Items Relating to Broadband Facilities and Services. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for Telecommunication Facilities and Services. B. Second Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. Ordinance No. 010, 2018, appropriates $1.8M of funding to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings). The operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 010, 2018, has been updated for Second Reading to reflect consistent data with the table used in the agenda item summary and staff presentation on First Reading. The revised table reflects the latest final planned budget for first year operation and maintenance expenses. Ordinance No. 011, 2018, amends City Code to authorize the City Electric Utility to begin implementing its provision of broadband facilities and services and to receive and expend the General Fund loan through the Light and Power Fund. The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These changes also include assigning to the City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband facilities and services. In response to discussion during consideration on First Reading, the revision to Code Section 2-491 presented on First Reading has been removed from Ordinance No. 011, 2018. A needed conforming change to the definition of “service area” in Code Section 1-2 has been substituted in as Section 2 of Ordinance No. 011, 2018. These revisions are shown in the Second Reading version of the Ordinance No. 011, 2018. Both Ordinances were unanimously adopted on First Reading on January 2, 2018. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. 10 Packet Pg. 158 Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Memo re: questions raised at First Reading (PDF) 10 Packet Pg. 159 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal Cyril Vidergar, Legal SUBJECT Items Relating to Broadband Facilities and Services. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for Telecommunication Facilities and Services. B. First Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. The City has been engaged in a multi-year process of research, due diligence, and community engagement that resulted in two successful ballot measures. The first in November 2015 gave the City the authority to provide high-speed broadband services to the community, the second, in November 2017 added telecom activity to the City Charter and demonstrated support for borrowing up to $150 million to provide fiber to the premise infrastructure. At the November 28, 2017, Council Work Session discussion concerning the City’s Broadband updates, including an estimated timeline, major milestones, appropriation and governance recommendations, staff highlighted the need to dedicate resources to support further development and details associated with a Municipal Retail model. Staff is requesting $1.8M of funding to be appropriated to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings). To evidence the repayment of this loan, the City Council, acting as the Electric Utility Enterprise Board, will be considering an ordinance in a separate agenda item at this meeting which will agree to and direct the repayment of this loan to the General Fund when the bond proceeds are received. In addition, certain City Code changes are needed to authorize the City Electric Utility to begin implementing its provision of broadband facilities and services and to receive and expend the General Fund loan through the Light and Power Fund. These changes are proposed in Ordinance No. 011, 2018, which accompanies this agenda item. ATTACHMENT 1 10.1 Packet Pg. 160 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6380 : SR 010 011 Broadband) Agenda Item 20 Item # 20 Page 2 The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These changes also include assigning to the City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband facilities and services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In 2016, following the passage of a ballot measure on November 3, 2015, authorizing the City to deliver high- bandwidth internet and telecommunication services, the City identified access to broadband as a strategic objective. The 2016 Strategic Plan Objective 3.9 states - “Encourage the development of reliable high-speed internet services throughout the community.” Additional benefits sought through the broadband plan include: 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 timeframe (less than five years). Implementing a municipal broadband operation will require a multiphase/multi-year approach and will include needed personnel, equipment, workspace and assets (fiber, equipment, etc.). First year O&M start-up costs, estimated at $1.8 million, will be appropriated from the General Fund and ultimately reimbursed from the bond proceeds later in the year. Timeline Following the appropriation of the $1.8M startup operational costs initial work would include: Months 1 - 5 Issue Request for Proposals (RFPs), interview and negotiate contracts. RFPs to be released include, but are not limited to: o Engineer/design o Combined Computer Information System o Construction o Hardware/equipment Recruitment and staffing (prioritization of key personnel) o Broadband Director o Sr. Network Engineer o Marketing Manager o Outside Plant Manager o Additional staffing Code updates/modifications with City Attorney’s Office Bond Issuance (target close - Month 5) Branding, Marketing and Sales Plan (continuous) Month 6+ Begin engineering/design work 10.1 Packet Pg. 161 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6380 : SR 010 011 Broadband) Agenda Item 20 Item # 20 Page 3 Implementation of CIS system (billing/customer relationship management tool) Commence construction (Month 10+) Customer connections (estimated at Month 18) Figure 1 The current purposes for which electric utility funds may be spent under the City Code and direction of electric utility services need to be amended to allow for timely deployment of broadband facilities and services. Corresponding changes to expand the scope of approved electric utility enterprise funds spending and direction of broadband utility services as a division of the electric utility are set forth in the accompanying Ordinance. The Ordinance also temporarily authorizes the City Manager to act as director of such services, without regard to existing provisions of the City Code that vest such authority in the Utilities Executive Director. This arrangement will allow for the most expedited creation and funding for new broadband facilities and services until a more formal utility structure can be established. CITY FINANCIAL IMPACTS Initial start-up costs, estimated at $1.8 million, will be appropriated from the General Fund and ultimately reimbursed from the bond proceeds. The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance scheduled for the March 20 and April 3 meetings. The General Fund currently has sufficient unassigned reserves to support this appropriation. The planned debt issuance is backed by revenue bonds issued by Utilities Light and Power (L&P). Revenue bonds are municipal bonds that are secured by L&P revenue and rate-making capacity. Currently, staff anticipates the issuance of two series of bonds: Series A, which have a three-year expenditure requirement and pay tax-exempt interest; Series B can be carried forward for a longer period of time and pay taxable interest. ATTACHMENTS 1. Powerpoint presentation (PDF) ($ 000's) Q1 Q2 Q3 Q4 Full Time Equivalent 1.3 5.0 7.0 13.0 Quarter End Headcount 4.0 7.0 7.0 17.0 Personnel $ 43 $ 148 $ 187 $ 295 $ 672 Consulting 120 120 88 88 415 Branding/Web Site 63 63 30 30 185 Legal 50 30 20 20 120 Office & Equipment 45 49 63 92 248 Contingency 50 50 30 30 160 Total O&M $ 370 $ 459 $ 417 $ 554 $ 1,800 2018 Full Year 10.1 Packet Pg. 162 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6380 : SR 010 011 Broadband) Economic Health Office 222 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.416.2170 970.224.6107 - fax fcgov.com MEMORANDUM At the January 2 First Reading of Ordinance No. 010, 2018, staff committed to provided additional information on two topics. (1) Current loans from the City’s General Fund. Data below includes loans from all funds currently outstanding. URA Innosphere $ 5.3 $ 2.0 2024 50% Capital Expansion Fund 50% Water Fund URA Capstone/Summit Housing Project 5.0 4.7 2037 General Fund URA Prospect Station Development 0.3 0.2 2037 General Fund ($ millions) Project Loan To Original Loan $ Current Balance Loan Funded From Expected Payoff Date (2) Source of previously appropriated funds for Broadband assessment and planning The 2015/2016 Budget appropriated $300k and an additional $160 was appropriate in early 2017 to support the feasibility planning to provide broadband services to the community. Each of these appropriations was split equally between the General Fund and the Light & Power Fund. Date: January 8, 2018 To: Mayor and City Councilmembers From: Mike Beckstead, Chief Financial Officer Through: Darin Atteberry, City Manager Re: Questions from Broadband Appropriation Ordinance No. 010, 2018 ATTACHMENT 2 10.2 Packet Pg. 163 Attachment: Memo re: questions raised at First Reading (6380 : SR 010 011 Broadband) -1- ORDINANCE NO. 010, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AS A LOAN TO THE LIGHT AND POWER FUND FOR THE ELECTRIC UTILITY’S FIRST YEAR OPERATIONS AND MAINTENANCE COSTS FOR TELECOMMUNICATION FACILITIES AND SERVICES WHEREAS, at the November 28, 2017, City Council Work Session, there was a discussion concerning the City’s broadband project, which included an estimated timeline, major milestones, appropriation and governance recommendations, and City staff highlighted the need to dedicate resources to support further development and details associated with a municipal retail model for the City’s Electric Utility to start providing telecommunication facilities and services; and WHEREAS, in pursuit of that plan development, staff is requesting an appropriation of $1.8 million from General Fund reserves to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, branding to support the initiative and other operations and maintenance costs; and WHEREAS, the General Fund reserves will be restored from the proceeds of the Electric Utility Enterprise proposed bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings), acting as the Board of the Electric Utility Enterprise; and WHEREAS, costs estimates are as follows: ($ 000's) Year 1 Full Year Q1 Q2 Q3 Q4 Full Time Equivalent 4 5 7 13 Quarter End Headcount 4 7 7 17 Personnel $128 $148 $187 $295 $758 Consulting 120 120 88 88 415 Branding/Web Site 63 63 30 30 185 Legal 60 20 0 0 80 Office & Equipment 53 49 63 92 256 Contingency 25 25 25 25 100 Total Operations & Maintenance $449 $424 $392 $529 $1,794 Total Capital $40 $1,755 $1,550 $1,490 $4,835 Packet Pg. 164 -2- ; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the General Fund; and WHEREAS, this appropriation will serve the public purpose of providing a loan to the City’s Electric Utility to help fund its start-up costs related to the Utility making “telecommunications facilities and services,” as this term is defined in Section 7 of City Charter Article XIII, available to its customers throughout the City; and WHEREAS, the City Council hereby finds that the appropriation is necessary for the public’s health, safety and welfare and is in the best interests of the City and its residents, businesses, and public and private organizations. 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 ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) as a loan to the Light and Power Fund to be expended for the Electric Utility’s first year of operations and maintenance relating to telecommunications facilities and services. This loan shall be repaid to the General Fund by the City’s Electric Utility Enterprise when the Enterprise receives the proceeds from the revenue bonds the Enterprise is anticipated to issue to fund the Electric Utility’s start-up costs for the provision of telecommunications facilities and services. The loan repayment shall also include interest of two and three quarters percent (2.75%). Packet Pg. 165 -3- Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 166 -1- ORDINANCE NO. 011, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE AND IMPLEMENT THE CITY’S PROVISION OF TELECOMMUNICATION FACILITIES AND SERVICES AS PROVIDED IN CITY CHARTER ARTICLE XII, SECTION 7 WHEREAS, at a special election on November 3, 2015, City voters authorized the City to provide high-speed internet services, including, without limitation, high-bandwidth broadband services, telecommunications services, and/or cable television services within the City’s growth management area; and WHEREAS, at a special election on November 7, 2017, City voters approved an amendment to the City Charter, which has added a new Section 7 to Charter Article XII (“Section 7”); and WHEREAS, paragraph (a) of Section 7 grants to the City Council certain powers related to the City providing “telecommunications facilities and services,” including, without limitation, “broadband Internet facilities and services,” as both these terms are defined in paragraph (f) of Section 7 (“Telecommunication Facilities and Services”); and WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 60, 1993 establishing the City’s Electric Utility as an enterprise of the City under Section 20 of Article X of the Colorado Constitution (the “Electric Utility Enterprise”) by adding Section 26-392 to the City Code; and WHEREAS, this Ordinance adds a new Section 26-398 to Code Chapter 26 to implement this authority granted in Section 7 by authorizing the Electric Utility to acquire, construct, provide, fund and contract for Telecommunication Facilities and Services and by authorizing the Electric Utility Enterprise to exercise the power to issue revenue bonds to fund the provision of Telecommunication Facilities and Services as provided in paragraph (b) of Section 7; and WHEREAS, this Ordinance also amends Code Sections 2-491, 2-504 and 26-21 to delegate to the City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of Telecommunication Facilities and Services and to make other changes to the administration of Utility Services in light of this new assignment of direct responsibility to the City Manager, and amends the definition of service area in Code Section 1-2 in order to reflect that some service area directors do not report directly to the City Manager; and WHEREAS, because the Council has adopted on the same date as this Ordinance its Ordinance No. 010, 2018, to appropriate $1.8 million from the City’s General Fund as a loan to the City’s Light and Power Fund to be used by the Electricity Utility for its start-up costs related to providing Telecommunication Facilities and Services, this Ordinance also amends Code Section 8-77 to provide that the Electric Utility’s revenues, debt issuance proceeds and expenditures related to Telecommunication Facilities and Services shall be deposited, expended and administered through the City’s Light and Power Fund; and Packet Pg. 167 -2- WHEREAS, the City Council hereby finds that this Ordinance is necessary for the public’s health, safety and welfare and is in the best interests of the City and its residents, businesses, and public and private organizations and of the Electric Utility’s ratepayers. 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 2-491 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-491. - Executive—Office of the City Manager; duties of the City Manager. The Office of the City Manager shall be under the direction of the City Manager, who shall be responsible to the City Council for the proper administration of all affairs of the City and who shall have all powers and duties assigned to the City Manager by the provisions of the Charter and this Code. The offices and divisions of the Office of the City Manager shall be established by the City Manager. Said offices and divisions, and the employees assigned thereto, shall be responsible for such duties and functions as may be determined by the City Manager, provided that such duties and functions are, in the discretion of the City Manager, reasonable and necessary for the proper administration of the affairs of the City consistent with the Charteradministrative organization of the City as established by the provisions of the Charter and this Code. Section 2. That the definition of “Service area” in Section 1-2 of the Code of the City of Fort Collins is hereby amended to read as follows: Service area means a major City administrative unit designated as a service area in this Code and headed by a director who, regardless of title, is directly responsible to the City Manager or his or her designee. Section 3. That Section 2-504 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-504. - Utility Services; duties of Director and City Manager. (a) Utility Services shall be and is hereby created as a service area of the City. (b) Except as provided in paragraph (c) below, Utility Services shall be in the charge of a Director who shall be directly responsible to the Deputy City Manager for the functions and duties of Utility Services, including, without limitation, the functions and duties necessary to provide for the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the City's electric, water, wastewater and stormwater utility services, and who shall have control and supervision over such agencies, service units, departments, divisions, offices or persons assigned by the Deputy City Manager. Packet Pg. 168 -3- (c) The City Manager shall have the direct responsibility and authority to administer and supervise all functions and activities related to the electric utility’s provision of “telecommunication facilities and services,” as this term in defined in Section 7(f) of Charter Article XII. In exercising this authority, the City Manager may assign to other employees such duties, assignments and functions as the City Manager determines necessary for the proper and efficient administration of the electric utility in providing telecommunication facilities and services. Section 4. That Section 8-77 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-77. - Light and power fund. There is hereby created a fund to account for the City's municipal electric utility known as the light and power fund. Revenues for the fund shall include bond and other debt issuance proceeds and receipts from charges for electric facilities and services and from telecommunication facilities and services. Expenditures shall be made for approved purposes in connection with furnishing electric facilities and services and furnishing telecommunication facilities and services. For purposes of this section, the term “telecommunication facilities and services” shall have the meaning given to it in Section 7(f) of Charter Article XII. Section 5. That Section 26-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-1. - Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: . . . . Electric utility shall mean those departments of Utility Services which are in charge of the distribution and sale of electricity and the provision of telecommunication facilities and services in the City. Telecommunication facilities and services shall have the meaning given to it in Section 7(f) of Charter Article XII. . . . Section 6. That Section 26-21 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-21. - Organization. . . . (b) Except as provided in § 2-504 of this Code, Utilities Services shall be headed by the Utilities Executive Director. Packet Pg. 169 -4- Section 7. That a new Section 26-398 is hereby added to the Code of the City of Fort Collins to read as follows: Sec. 26-398. – Telecommunication facilities and services. (a) To the full extent authorized in Section 7 of Charter Article XII, the electric utility is authorized to acquire, construct, provide, fund and contract as necessary to provide telecommunication facilities and services in the City, and to take such other actions as may be necessary for the proper administration of said facilities and services. The City’s electric utility enterprise is also authorized to issue revenue and refunding securities and other debt obligations in the manner and to the full extent authorized in Section 7(b) of Charter Article XII and in Code § 26-392 to fund the electric utility’s provision of telecommunication facilities and services. (b) The provisions of this § 26-398 shall supersede any contrary or conflicting provisions of the Code, including, without limitation, provisions of this Chapter 26 specifying the authority, funding, operation and supervision of the electric utility. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 170 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. The City Manager approved and signed both agreements. Pursuant to City Code Section 1-22 the City Manager has the authority to enter into both IGAs because the IGAs do not require the direct, monetary payment of more than $5,000 from the City, after reimbursement from Loveland, and the City Manager has determined that the IGAs do not entail significant policy decisions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is entering into two intergovernmental agreements with the City of Loveland. (Attachment 1) This request is to appropriate the funding necessary for the two IGAs. In 2014, Transfort and COLT collaborated on a joint procurement for contracted paratransit service. COLT is executing the option to have its paratransit service delivered by the paratransit contractor. Through an intergovernmental agreement between the City of Fort Collins and the City of Loveland, Transfort will oversee the paratransit contractor on behalf of Loveland beginning in 2018, in accordance with the Paratransit IGA . Under the Transit Management IGA, the City, through Transfort, will provide and oversee one contracted employee to manage transit operations in Loveland and will provide other support services for COLT. 11 Packet Pg. 171 Agenda Item 11 Item # 11 Page 2 CITY FINANCIAL IMPACTS Paratransit Under the Para-Transit Management IGA, all costs incurred by COLT for services provided by the contractor will be paid upfront by Transfort. In addition, COLT agrees to pay Fort Collins $3,100 annually for its administration of the contract. COLT will be invoiced monthly to reimburse costs; therefore, the financial impacts of this agreement will be negligible. The breakdown of estimated expenditures by Transfort is as follows: • Monthly cost to provide COLT call center operations in 2018 is $4,502, for a total annual cost of $54,024. • Based on 2016 ridership and predetermined contract pricing, Transfort staff has estimated the cost of providing paratransit services to COLT in 2018 will be approximately $324,808 (for the purposes of this estimation, ridership levels were kept static; however, Loveland does report a 34% increase in rides from 2013 to 2016). 2016 Ridership 2018 Cost (per trip) Estimated Cost Ambulatory 8032 $31.00 $248,992 Non-Ambulatory 1872 $40.50 $75,816 Totals 9904 -- $324,808 • Total annual cost increase to add COLT services to the existing paratransit contract will be approximately $378,832. As agreed upon in the Paratransit IGA, Transfort will pay the contractor directly for services provided and then bill COLT monthly to recover costs. Transit Manager Under the Transit Management IGA, the City of Fort Collins will provide a contractual management position, along with the requisite supervision for that position. Salary and benefits will be paid out of Transit Services Fund. The City of Loveland will reimburse 100% of the cost, in addition to a 2.5% administrative fee. The total annual cost to the City of Loveland will be $108,000, which will be invoiced monthly at $9,000 per month. Because the City of Fort Collins will be reimbursed fully for providing the service plus a small administrative fee, this agreement will be nominally revenue positive. The total appropriation for expense requested is $484,198 with anticipated revenue of $489,932 to cover the expense. ATTACHMENTS 1. Memo to Council, November 8, 2017 (PDF) 11 Packet Pg. 172 ATTACHMENT 1 11.1 Packet Pg. 173 Attachment: Memo to Council, November 8, 2017 (6354 : COLT IGAs) 11.1 Packet Pg. 174 Attachment: Memo to Council, November 8, 2017 (6354 : COLT IGAs) -1- ORDINANCE NO. 012, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE TRANSIT SERVICES FUND FOR CONTRACTED PARATRANSIT SERVICES FOR THE CITY OF LOVELAND TRANSIT (COLT) AND TRANSIT MANAGER SERVICES PURSUANT TO TWO INTERGOVERNMENTAL AGREEMENTS WITH LOVELAND WHEREAS, Loveland operates public transportation service (including paratransit service) known as City of Loveland Transit (“COLT”) within the transit service area of the City of Loveland; and WHEREAS, Fort Collins operates its own public transportation service, including Transfort, paratransit service and the regional FLEX bus service, within and beyond the transit service area of the City of Fort Collins, which is a larger and more complex transit service than COLT; and WHEREAS, the City is entering into two intergovernmental agreements (“IGA”) with the City of Loveland; and WHEREAS, the first IGA is pursuant to a joint procurement for contracted paratransit service where the City will provide paratransit services for COLT under the current Dial-A-Ride contract (the “Paratransit IGA”); and WHEREAS, under the second IGA, the City will supply a contractual employee to Loveland to act as the COLT Transit Operations Manager under the supervision of the City and other support services (the “Transit Manager IGA”); and WHEREAS, the City will pay all costs incurred to provide services under the Paratransit IGA up front and then COLT will be invoiced monthly to reimburse these costs to the City; and WHEREAS, the current costs associated with the Paratransit IGA are estimated at $378,832 for 2018; and WHEREAS, the City will also pay all costs incurred to provide services under the Transit Manger IGA up front and then COLT will reimburse the City all costs, in addition to a 2.5% administrative fee; and WHEREAS, the current costs associated with the Transit Manager IGA, which includes the salary and benefits costs for the transit manager position, are estimated at $105,366 for 2018; 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 Packet Pg. 175 -2- WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, this appropriation and the IGAs benefit public health, safety, and welfare of the citizens of Fort Collins and serve the public purposes of enhancing regional connectivity and efficiency of transportation services provided by COLT and the Fort Collins public transportation service. 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 of unanticipated revenue in the Transit Services Fund the sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND ONE HUNDRED NINETY-EIGHT DOLLARS ($484,198) for paratransit services and Transit Manager Services to be provided to the City of Loveland. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 176 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Cassie Archuleta, Senior Environmental Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Radon is a priority indoor air quality pollutant in Fort Collins, as it is the leading cause of lung cancer in non- smokers, and second leading cause for smokers (after smoking). Radon tests show that sixty-five percent of homes in Fort Collins test higher than Environmental Protection Agency (EPA) defined "action levels" for mitigating radon gas. The Environmental Services Department will use these grant funds to augment existing programs for education and outreach to raise awareness of the health risks, provision of low cost radon test kits to residents, and resources to help mitigate high radon levels. CITY FINANCIAL IMPACTS City resources would increase by $7,961. Required matching funds have already been appropriated in the 2018 General Fund. BOARD / COMMISSION RECOMMENDATION Radon is a priority pollutant identified by the Air Quality Advisory Board, but no formal recommendation was sought for appropriation of the grant funds to augment existing radon program efforts. PUBLIC OUTREACH Public outreach regarding radon will be conducted throughout the year with radon presentations, provision of outreach materials and radon test kit sales. 12 Packet Pg. 177 -1- ORDINANCE NO. 013, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE ENVIRONMENTAL SERVICES RADON PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS PREVIOUSLY APPROPRIATED IN THE ENVIRONMENTAL SERVICES DEPARTMENT OPERATING BUDGET WHEREAS, the Fort Collins Environmental Services Radon Program (the "Program") is part of the City’s indoor air quality program, which is guided by the Air Quality Plan with a policy goal to educate and encourage residents to reduce their exposure to indoor air pollution; and WHEREAS, the current radon program includes aggressive education, a voluntary radon testing program, mandatory radon mitigation in new construction, and an ordinance requiring the distribution of radon information to all residential home-buyers at point-of-sale; and WHEREAS, the City has been awarded a grant from the Colorado Department of Public Health and Environment (“CDPHE”) in the amount of $7,961; and WHEREAS, the CDPHE grant funds will be used for the existing Environmental Services Radon Program, which provides low cost radon test kits to residents, education and outreach to raise awareness of the health risks, and resources to help mitigate high radon levels; and WHEREAS, the grant requires $5,307 of matching funds, which have been appropriated in the 2017 Environmental Services operating budget and are available for transfer to the Environmental Services Radon Program; 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 CDPHE 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 unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged; and Packet Pg. 178 -2- WHEREAS, the Program benefits public health, safety, and welfare of the citizens of Fort Collins and the public purpose of educating and encouraging residents to reduce exposure to indoor air pollution. 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 grant revenue in the General Fund the sum of SEVEN THOUSAND NINE HUNDRED SIXTY-ONE DOLLARS ($7,961) for expenditure in the General Fund for the Environmental Services Radon Program. Section 3. That the unexpended appropriated amount of FIVE THOUSAND THREE HUNDRED SEVEN DOLLARS ($5,307) is authorized for transfer from the Environmental Services operating budget in the General Fund to the Environmental Services Radon Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 179 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Dan Coldiron, Chief Information Officer Kelly DiMartino, Assistant City Manager Chris Martinez, Financial & Policy Analyst Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The current enterprise document management system manages all documents and images for both active and archival document management purposes throughout the organization. There are more than 12 million files and 600 users on our current system. More than 70% of City Departments are utilizing this system currently. Several critical integrations exist with this system that include CityDocs, the City’s web based portal that provides municipal documents to the public, the financial system, public mapping services (GIS), law enforcement, and other government organizations such as Larimer County. The vendor for the current EDMS, Hyland Software, acquired SIRE in 2012 and decided to halt development of future updates to the application. Hyland offers its own product, OnBase, which it is solely supporting. The SIRE software currently has dependencies on older operating systems and technology that will soon be obsolete and not supported. The software will eventually cease to function. The discontinued support of the technology also exposes the system to possible security risks of sensitive data and it is recommended to be immediately replaced. The funds to replace the system were presented and accepted in the 2016-2017 BFO process under Enhancement Offer 9.3 entitled Enterprise Document Management System and Electronic Record Search. The initial Request for Proposal (RFP) development began in June 2017 with the City’s Purchasing Department. However, due to workload both in the IT and Purchasing departments, the RFP was not finalized until September 2017. The RFP was available for vendors to submit proposals from October 13 to November 13 Packet Pg. 180 Agenda Item 13 Item # 13 Page 2 10 to which a review committee was formed and given an early December deadline to review the submitted proposals for further evaluation. As it currently stands, Purchasing is engaged in scheduling three candidates to be onsite mid-January to provide onsite product demonstrations for the committee. After the vendor demonstrations are complete, the committee and IT are targeting a final selection in January with vendor negotiations and City Attorney review completing the process by February 2018. Any additional delay to this process not only exposes the City to the possibility the current software will cease to function without proper support, but additional costs are potential in delaying the execution of a contract with a new vendor. CITY FINANCIAL IMPACTS This will be a one-time reduction in the Data and Communication Reserves of $833,340 for the purchase of the EDMS replacement project. 13 Packet Pg. 181 -1- ORDINANCE NO. 014, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE DATA AND COMMUNICATIONS FUND FOR THE ENTERPRISE DOCUMENT MANAGEMENT SYSTEM AND ELECTRONIC RECORD SEARCH PROJECT WHEREAS, the purpose of this item is to appropriate $833,840 from the Data and Communications Fund Reserves to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images; and WHEREAS, this project was approved through the Budgeting for Outcomes process for use in 2017, however the procurement process will not be completed until early February 2018; and WHEREAS, these funds are needed to finalize a contract in order to avoid additional costs associated with upkeep of the outdated system and to avoid installation delays; 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 Data and Communications Fund; and WHEREAS, the purchase of a new enterprise document management system and improvement of the City’s electronic record search capabilities serves a public purpose by making the City’s records management system more reliable, efficient, and maintainable, thereby improving the City’s services to the community and improving the ability of the public to access City records. 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 Data and Communications Fund the sum of EIGHT HUNDRED THIRTY THREE THOUSAND EIGHT HUNDRED FORTY DOLLARS ($833,840) for the Enterprise Document Management System and Electronic Record Search Project. Packet Pg. 182 -2- Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 183 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Rick Bachand, Environmental Program Manager Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures and Amateur Drone Operation in Natural Areas and City Parks. EXECUTIVE SUMMARY The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect administrative responsibilities regarding permits, clarify various provisions, and provide additional consistency in provisions regulating activities in Natural Areas and Parks as stated in the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Code Articles IX and X of Chapter 23 (Public Property) establish prohibitions and outlines the special use permit systems for natural areas and parks, trails and recreation areas. The recommended Code changes will ensure consistency between the Natural Areas and Parks Departments where similar or overlapping regulations are present. Various recreation activities have become more popular, such as slack lining and amateur drone operation. These updated provisions clarify that these activities are subject to regulation by the City in Parks and Natural Areas under the administration of the respective Department Director. The proposed Code changes will: • Transfer authority to issue special permits from the Service Area Director to the Natural Areas and Parks Directors; • Update the name of the “Colorado Division of Wildlife” to its current name “Colorado Parks and Wildlife Division”; • Clarify that ropes, slack lines or other equipment may not be used in Natural Areas or Parks unless otherwise permitted; o Wikipedia describes Slacklining as “the act of walking or balancing along a suspended length of flat webbing that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking”. 14 Packet Pg. 184 Agenda Item 14 Item # 14 Page 2 • Expand Section 23-193(d) and 23-203(d) to include adding the restriction of: (1) launching or landing “drones” (in addition to other types of aircraft) within or over natural areas and parks without permission; and, (2) lowering the minimum altitude below which a drone or other type of aircraft (as defined in the section) cannot be flown over a natural area or park (from a minimum of no lower than 500 feet, to a minimum of no lower than "200 feet" above ground level) to reflect current policy and feedback provided by the Federal Aviation Administration (FAA). • Clarify that tents (with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use) are considered a “structure” that may not be erected without permission. CITY FINANCIAL IMPACTS No financial impacted is expected with the recommended Code changes. BOARD / COMMISSION RECOMMENDATION At its May 10, 2017 meeting, the Land Conservation and Stewardship Board voted 8-1 to recommend approval of the changes to Chapter 23, Article IX of City Code as proposed. The dissenting vote was concerned that the language as written would prohibit “green burials”. A “green burial” is the burial of ashes or full interments that have the body prepared by either the use of all natural substances or no substances at all. The body can be buried in a shroud or a casket made of all natural materials. There is no vault required. The member believed that green burial may be an appropriate activity within the natural area system. PUBLIC OUTREACH Public outreach was not conducted as the recommended Code changes largely reflect administrative changes and updates. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, May 10, 2017 (PDF) 14 Packet Pg. 185 Land Conservation & Stewardship Board May 10, 2017 ATTACHMENT 1 14.1 Packet Pg. 186 Attachment: Land Conservation and Stewardship Board minutes, May 10, 2017 (6343 : Chapter 23 Amendments) 14.1 Packet Pg. 187 Attachment: Land Conservation and Stewardship Board minutes, May 10, 2017 (6343 : Chapter 23 Amendments) 14.1 Packet Pg. 188 Attachment: Land Conservation and Stewardship Board minutes, May 10, 2017 (6343 : Chapter 23 Amendments) -1- ORDINANCE NO. 015, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO NATURAL AREA AND PARKS PERMITS, SLACK LINING, STRUCTURES AND AMATEUR DRONE OPERATION IN NATURAL AREAS AND CITY PARKS WHEREAS, Articles IX and X of Chapter 23 of the City Code (the “Code”) regulate behavior on City natural areas and recreation area properties, including parks and trails; and WHEREAS, the City is responsible for managing its public lands, including natural areas and recreation areas, in a manner that protects the natural features and functions for which the sites were acquired; and WHEREAS, the City desires to manage human use of natural areas and recreation areas so that visitor enjoyment, safety, wildlife, habitat, and the areas themselves are appropriately protected; and WHEREAS, Chapter 23, Articles IX and X of the Code establish and outline the special use permit system applicable to certain activities in natural areas and recreation areas; and WHEREAS, staff has identified formatting and substantive updates to Chapter 23 of the Code necessary to improve the clarity with which the special use permit process and regulations of certain activities on and over public lands are stated, as well as their currency; and WHEREAS, staff recommends that City Council amend Chapter 23 of the Code to reflect current administration responsibilities, clarify various provisions, increase review time necessary to process special use permits, and to harmonize Natural Areas and Parks Department operations on similar or overlapping lands; and WHEREAS, staff further recommends to the City Council that amendments to Chapter 23 of the Code described herein are necessary to serve and maintain the public health, safety and welfare of the Natural Areas, Parks and the users and habitat assets of public lands in the City; and WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles IX and X in order to update language describing administrative responsibilities, harmonize management of public lands, and state the authority of City Natural Area and Parks rangers, consistent with current City practices. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 189 -2- Section 2. That Section 23-192 of the Code of the City of Fort Collins is hereby amended to read as follows: . . . Department shall mean the City of Fort Collins Natural Areas Department. . . . Director shall mean the Director of Community Services of the City of Fort Collins Natural Areas Department. . . . Service Unit shall mean Community Services of the City. . . . Section 3. That Section 23-193 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-193 - Prohibited acts, permits. (a) It shall be unlawful to: . . . (12) Fish in a natural area without a valid license as required by the Colorado Division of Wildlife Parks and Wildlife Division, or in violation of any requirements of the Colorado Division of Wildlife Parks and Wildlife Division, or possess a fish taken in violation thereof. . . . (b) Unless a sign has been posted by the Service Unitdepartment that the particular natural area or a portion thereof is open for such use, it shall be unlawful to: . . . (5) Affix ropes, slack lines, or other attachments to trees, or cClimb rocks or boulders with or without ropes, fixtures or other apparatus. . . . Packet Pg. 190 -3- (c) It shall be unlawful to engage in any activity within or upon a natural area when a sign has been posted by the Service Unitdepartment that the particular area or a portion of the area is closed for such use, based upon a determination by the Service Unitdepartment that such prohibition is appropriate to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. (d) Except as authorized by a permit obtained for such use from the Service Areadepartment, it shall be unlawful to: (1) Enter a natural area during the hours of 11:00 p.m. to 5:00 a.m., except: a. As otherwise permitted by a sign posted by the Service Unitdepartment opening or closing the particular area or a portion of the area for public use for a specified time or during specified hours; or . . . (3) Land or launch in a natural area, or fly lower than fivetwo hundred (5200) feet above a natural area, any type of aircraft, including unmanned aircraft systems (UAS) or drones, hot air balloons and hang gliders, except within takeoff or landing airways of a commercial airport or in the event of emergencies situationsan emergency. . . . (8) Construct or erect a structure, tent, or shelter, for any duration of time, in a natural area, with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use. . . . (17) Deposit or scatter in a natural area any cremated remains of any human or animal origin on or within a natural area. . . . (e) Research or public safety related training activities involving any of the activities prohibited in this Article, including without limitation the training of search and rescue dogs off-leash, may be authorized by the Service Unitdepartment by permit in accordance with the procedures and standards set forth in § 23-194. Section 4. That Section 23-194 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 191 -4- Sec. 23-194 - Natural areas permit process. (a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a natural area permit by filing a verified application with the Service Unitdepartment on a form supplied by the Service Unitdepartment, except that permit applications for which a routine permit process has been established by the Director under § 23-195 below shall be governed by and processed in accordance with the routine permit process. A fully completed application must be filed with the Director not less than seven (7) business days nor more than ninety (90) business days before the date on which a permitted activity is to commence; provided, however, that the Service Unitdepartment may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources for the Service Unitdepartment to process and investigate the application and make any preparations necessary for the activity. . . . Section 5. That the definition “Director” contained in Section 23-202 of the Code of the City of Fort Collins is hereby amended to read as follows: Director shall mean the Director of Community Services the City of Fort Collins Parks Department. Section 6. That Section 23-203 of the Code of the City of Fort Collins is hereby amended to read as follows: . . . Department shall mean the City of Fort Collins Parks Department. . . . Service Unit shall mean Community Services. . . . Section 7. That Section 23-203 of the Code of the City of Fort Collins is hereby amended to read as follows: Section 23-203 - Prohibited acts; permits. (a) It shall be unlawful to: . . . Packet Pg. 192 -5- (9) Fish in a recreation area without a valid license as required by the Colorado Division of Wildlife Parks and Wildlife Division, or in violation of any requirements of the Colorado Division of Wildlife Parks and Wildlife Division, or possess a fish taken in violation thereof. . . . (b) Unless a sign has been posted by the Service Unitdepartment that the particular recreation area or a portion thereof is open for such use, it shall be unlawful to: . . . (c) No person shall engage in any conduct or activity within or upon a recreation area when a sign has been posted by the Service Unitdepartment that such conduct or activity is not allowed in the recreation area or a portion of the area, based on a determination by the Service Unitdepartment that such prohibition is appropriate to protect the safety or well-being of persons, or animals, or to protect or preserve the recreation area and related facilities, or any other City property or facility, the use and enjoyment of the same by the general public, or the needs and objectives of the City in maintaining and operating the same. (d) Except as authorized by a permit obtained for such use from the Service Unitdepartment, it shall be unlawful to: . . . (3) Land or launch in a recreation area, or fly lower than fivetwo hundred (5200) feet above a recreation area, any type of aircraft, including unmanned aircraft systems (UAS) or drones, hot air balloons and hang gliders, except within takeoff or landing airways of a commercial airport or in the event of an emergency situations. . . . (7) Construct or erect a structure, tent or shelter, for any duration of time, in a recreation area, with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use. . . . (e) Research or public safety related training activities involving any of the activities prohibited in this Article, including without limitation the training of search and rescue dogs off- leash, may be authorized by the Service Unitdepartment by permit in accordance with the procedures and standards set forth in § 23-204. Section 8. That Section 23-204 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 193 -6- Sec. 23-204. - Recreation area permit process. (a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a recreation area permit by filing a verified application with the Service Unitdepartment on a form supplied by the Service Unitdepartment. An application must be submitted and completed not less than ten (10) business days before the date on which a permitted activity is to commence; provided, however, that the Service Unitdepartment may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources to process and investigate the application and make any preparations necessary for the activity. . . . Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 194 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Craig Dubin, Transfort Communications and Admin Mgr Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". EXECUTIVE SUMMARY The purpose of this item is to amend Section 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Under Section 23-140 of the City Code, the City Manager is authorized to establish rules and regulations governing the conduct of the general public's use of City-owned facilities. Currently, Section 23-140 does not expressly state that Transfort buses, structures and public parking areas are subject to rules and regulations set by the City Manager. Transfort transports approximately 18,000 passengers per day at peak service. Many of the riders are youth, seniors and persons with disabilities. While the overwhelming majority of customer experiences are peaceful, there are intermittently occasions where intoxicated or otherwise unruly passengers pose risks to other passengers. When staff is made aware of any potential safety or security risk by passengers exhibiting harassing or threatening behaviors, the only recourse currently is to have the passenger removed from the bus. Adding a definition for “facilities” that includes buses, structures and public parking areas would expressly authorize the City Manager to establish rules allowing for the creation of an administrative policy that would outline prohibited conduct while on or in Transfort buses, structures and public parking areas. The change would also expressly authorize the City Manager to establish a process to suspend or ban individuals from using Transfort facilities for engaging in prohibited conduct, including an appeal process for the review of any suspension or ban. The change would also make it clear that Transfort buses, parking structures and public parking areas are “facilities” for purposes of the City’s administrative policies, which would allow Transfort to follow established processes for City facilities that are set forth in those policies. 15 Packet Pg. 195 -1- ORDINANCE NO. 016, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE 5, SECTION 23-140 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A DEFINITION OF “FACILITIES” WHEREAS, the City has acquired and constructed various recreational, cultural, educational, transportation and other facilities, which it operates for the benefit of the citizens of Fort Collins; and WHEREAS, the City is responsible for managing its facilities in a manner that protects and preserves the facility, protects City staff and property, and enhances the use and enjoyment of those facilities by the public for their intended purposes; and WHEREAS, the City desires to manage the conduct of users of those facilities so that visitor enjoyment, safety and the facilities themselves are appropriately protected; and WHEREAS, in order to provide for the specific day-to-day operations of those facilities, and to address the particular needs of each facility, which may vary substantially from one to another, the City Manager currently follows certain procedures to adopt administrative rules and regulations governing conduct of users of City facilities; and WHEREAS, the City desires to add a definition of “facilities” to clarify that this procedure to adopt rules and regulation applies to all property owned or operated by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 23-140 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-140. - Rules and regulations. (a) For purposes of this article, the term “facility” shall include, but not be limited to, buildings, structures, vehicles, buses, and public parking areas, excluding streets, sidewalks and other City rights-of-way. (a)(b) The City Manager is hereby authorized to establish such rules and regulations governing the conduct of the general public's use of facilities owned or operated by the City, excluding streets, sidewalks and other City rights-of-way, as the City Manager may determine are necessary and appropriate to serve one (1) or more of the following purposes: (1) The protection of such facilities, or any other City property or facility; Packet Pg. 196 -2- (2) The protection of the safety, well-being and property of persons using such facilities; (3) The protection of the use and enjoyment of such facilities by the general public; or (4) The needs and objectives of the City in maintaining and operating such facilities, and/or the natural environment in general. (b)(c) Such regulations may be established for selected individual facilities or groups of facilities, provided that the scope of any regulations shall be clearly stated therein, and shall become effective upon the filing of such regulations with the office of the City Clerk and the posting of a notice of the adoption of the regulations at all public entrances of the affected facilities. Such notice shall include the effective date of the regulations, and notice that the full text of the regulations is on file in the office of the City Clerk and at the affected facilities, and is available for public review. The City Manager, or his or her designee, shall have the power to exclude any and all persons who willfully or knowingly violate any such regulations from the use and benefit of any or all City facilities, subject to any enforcement procedures set forth in such regulations. No such regulations shall be deemed to apply to emergency or law enforcement operations, or to City management and maintenance activities, to the extent their application would impair the performance of the same. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 197 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT First Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. EXECUTIVE SUMMARY The purpose of this item is to align City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On May 23, 2017, the Larimer County Board of Commissioners amended County precinct boundaries. State statute mandates the Clerk and Recorder set precinct lines to include no more than 2,000 eligible electors. Population increases in some areas in Larimer County made it necessary for precincts to be divided to comply with State statute. Nine precincts that include municipal voters were divided. None of the divided precincts affect Council district boundaries. It is important for the City precinct boundaries to match the County precinct boundaries. The County does not, and will not, track municipal precinct boundaries in the voter registration. Individual voter addresses are tied to County precinct boundaries, thereby making those boundaries they only way to acquire voter data from Larimer County and the statewide voter registration system. The splitting of precincts triggers a renumbering of City precincts. Since land has been annexed since adoption of the last District-Precinct map, those annexations will also affect the renumbering. Numbers are automatically assigned in the GIS system using a sequential numbering tool. Council District Boundaries Section 7-87(d) of the City Code, added in January 2017, requires the City Clerk to review population deviation between districts when the need to adjust precinct boundaries arises. When this provision was added, it was not expected that the County would adjust precinct boundaries within such a short period of time. Because the Council recently completed a lengthy process of evaluating, amending and approving (in June 2016) a new map to balance Council district boundaries, and no new census data upon which to base updates to the boundaries is available, completing an additional review and amendment of district boundaries does not appear to be in the best interest of the citizens of Fort Collins. 16 Packet Pg. 198 Agenda Item 16 Item # 16 Page 2 The proposed ordinance includes language that waives the application and operation of Section 7-87(d) of the City Code at this time. CITY FINANCIAL IMPACTS The additional precincts created by the division of existing precinct will have minimal financial impact. BOARD / COMMISSION RECOMMENDATION The Council Election Code Committee recommends adoption of the Ordinance. Minutes reflecting the Committee’s discussion are attached. (Attachment 4) PUBLIC OUTREACH Public outreach was not conducted because the City Code requires that City precincts correspond with County precinct boundaries. ATTACHMENTS 1. Current District-Precinct Map (PDF) 2. District-Precinct Map showing precincts to be split (PDF) 3. Proposed District-Precinct Map (PDF) 4. Election Code Committee minutes, October 5, 2017 (draft) (PDF) 16 Packet Pg. 199 L a r i m e r a n d W e l d C a n a l C a c h e l a P ou d r e R e s e r v o i r Inlet D i x o n C an y o n L a t e r al M a i l L a r i m e r a n d W e l d C a n a l C a c h e l a P ou d r e R e s e r v o i r Inlet D i x o n C an y o n L a t e r al M a i l L a r i m e r a n d W e l d C a n a l C a c h e l a P ou d r e R e s e r v o i r Inlet D i x o n C an y o n L a t e r al M a i l Excerpt from the October 5, 2017 Election Code Committee minutes: a. Preliminary discussion of redistricting issues Knoll summarized the information presented to the Committee and noted Larimer County re- precincted, which is a trigger recently added to the City Code to require Fort Collins to look at the deviation of population between districts. It was found that the City is well outside the 10% deviation threshold, primarily because of growth in District 1. Marcus Bodig, GIS Manager, stated the bigger issue is the explosive growth of the entire city. Councilmember Cunniff asked if the City precincts must, by Charter, align with County precincts. Daggett replied they need to align for practical reasons. Councilmember Cunniff asked if multiple City precincts could map into one County precinct. Knoll replied the difficultly lies in getting data from the County. She noted the County is required to take the City’s district boundaries into consideration, so to the extent they can avoid making a change that would alter a district boundary, they avoid it. Councilmember Stephens asked if there is a fix that would ensure redistricting does not have to occur every couple of years. Knoll stated the more common practice is to redistrict after census data is received every ten years. Jan Rosey, Fort Collins citizen, asked if it would be possible to have a dialogue with the Futures Committee and the possibility of adding additional districts. Mayor Pro Tem Horak replied that would be a much larger discussion related to Charter changes. Councilmember Stephens stated her inclination is to redistrict based on the census as it seems impractical to redistrict every two years. Knoll noted a Code amendment would be required, but that change is possible. Bodig stated he could look into doing some modeling related to using the census as the trigger to redistrict. Councilmember Stephens stated some of that modeling could be helpful. Councilmember Cunniff supported narrowing the options to two: basing redistricting on the census or going through the process every two years. The Committee supported doing modeling to gain more information. Daggett stated the formalization of a more consistent process ensuring no question of manipulation is also a goal. Knoll suggested the possibility of bringing a precinct alignment item to Council now to address the County reprecinting. The Committee agreed that is a good step. ATTACHMENT 4 16.4 Packet Pg. 203 Attachment: Election Code Committee minutes, October 5, 2017 (draft) (6377 : Amending District-Precinct Map) -1- ORDINANCE NO. 017, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP TO REFLECT CHANGES IN COUNTY PRECINCT BOUNDARIES AND WAIVING THE REDISTRICTING REQUIREMENT OF SECTION 7-87(d) OF THE CITY CODE WHEREAS, by Ordinance No. 055, 2016, Council adopted an amended District-Precinct Map (the “Map”) currently in use as provided in Section 7-68 of the City Code; and WHEREAS, the Map includes election precinct boundaries established pursuant to Section 7-66 of the City Code, which provides that, insofar as practicable, City precinct boundaries must correspond with the boundaries of the election precincts established by Larimer County (the “County”); and WHEREAS, in May 2017, the County adjusted its precinct boundaries, thereby causing inconsistencies between County precinct and City precinct boundaries; and WHEREAS, in accordance with Code Section 7-66, the Council has determined that it is in the best interest of the citizens of Fort Collins to amend the previously adopted Map to correspond City precinct boundaries with the County precinct boundaries, as shown on the Amended District-Precinct Map, dated February 6, 2018 (the “Amended Map”), which is on file in the office of the City Clerk and which is incorporated herein by this reference; and WHEREAS, because the Council only recently completed a lengthy process of evaluating, amending and approving the Map to balance Council District boundaries, and no new census data upon which to base updates to the Council District boundaries is available, completing an additional review and amendment of District boundaries otherwise required at this time under Section 7-87(d) would not be in the best interest of the citizens of Fort Collins; and WHEREAS, staff has recommended that the Council waive the otherwise applicable requirement in Code Section 7-87(d) that the Council review and update Council District boundaries as otherwise triggered by the precinct boundary changes; and WHEREAS, the Council desires to avoid excessive changes to the Council District boundaries in light of the foregoing. 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 of Fort Collins District-Precinct Map, adopted by Ordinance No. 055, 2016, and effective June 17, 2016, is hereby amended by adjusting election precinct boundaries to correspond with County precinct boundaries as shown on the Amended Map, and by renumbering precincts as may be necessary to incorporate property annexed into the City. Packet Pg. 204 -2- Section 3. That the Council hereby waives the application and operation of Section 7-87(d) of the City Code in connection with this adjustment of precinct boundaries. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 205 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Mark Sears, Natural Areas Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT Resolution 2018-006 Authorizing the Lease of 11.85 Acres of City-Owned Natural Area Property to Hageman Earth Cycle, LLC. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider the proposed lease of approximately 11.85 acres of land to Roger Hageman, Hageman Earth Cycle (HEC). In January 2017, staff asked Council to consider selling 11.85 acres of land; Council did not approve the sale based in part on the Land Conservation and Stewardship Board’s recommendation to not sell the land. Council asked staff to develop land disposition and land-leasing guidelines for its review. Four months ago, staff was directed by the City Manager to seek Council approval of a long-term lease rather than a sale. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The 15 acres currently being leased to HEC were acquired as part of a 94.82-acre purchase in 1998 from Flatiron Companies as an addition to Running Deer Natural Area. Prior to the City’s purchase in 1998, 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 lease area has been reduced to 11.85 acres after the exclusion of a wetland and a boundary adjustment. Per the recently adopted leasing guidelines and as a general practice, the City acquires natural areas and open spaces with no intention to lease the land. However, there are situations where a lease may be in the City’s best interests and that support the core purposes and values of natural areas such as habitat, open space, scenic views, and agriculture. Therefore, the City Manager or City Council may consider leasing property purchased with Natural Areas funds if one or more of the following conditions exist: 1. Land is acquired subject to an existing lease. The lease continues until it can be terminated or until Natural Areas is ready to take over management of the property. 2. A parcel is purchased partly or primarily for its agricultural values, and leasing to a private operator is recommended to maintain that value. 3. Land is acquired that benefits from grazing and/or haying as a vegetation management tool, and a grazing or haying lease is recommended to manage the property. Based upon Item 1 above and the following factors, staff believes the proposed lease is justified: • Given the 20-year tenure of the current lessee. 17 Packet Pg. 206 Agenda Item 17 Item # 17 Page 2 • HEC provides an important yard waste recycling service to the community, which is consistent with the City’s zero waste goals and Climate Action Plan. Natural Areas supports and benefits from the City’s climate goals, and this lease lets Natural Areas further contribute to these broader natural resource conservation goals. • The proposed lease restricts the use of the property to its current use. • The long-term lease will provide HEC confidence in making additional investments in the business. • While the 11.85 acres could be fully integrated into the 294-acre Running Deer Natural Area (and that remains a possibility for the future upon termination of the lease) the natural area’s critical conservation, ecological, and recreation attributes will not be substantially impaired by this lease. • Compared to selling the property to HEC as was previously proposed, leasing the property allows the property to remain in the Natural Areas ownership and potentially become part of Running Deer Natural Area in the future, while still providing the other community benefits described above. In order to protect the present and future conservation values on the property, Natural Areas proposes to lease the 11.85 acres of land with the following restrictions and conditions: • Option Period - Prior to the new lease going into effect, Hageman will be expected to complete work described Attachment 2, page 1, and remove all non-saleable and non-process-able piles and items from the leased site, such as trash, trash piles, and waste products. • Construct new earth berms as described in Attachment 2, page 2, within 6 months of the commencement date. • Deposit $10,000 in escrow on the commencement date as a security for successful establishment of the vegetation on the new berms within five years or forfeit the $10,000. • 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. • After the termination of the lease, the property must be left in a clean and well-graded state, more specifically described as: no hazardous materials left onsite; 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. • Natural Areas will reseed disturbed areas on retained City property. • 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 feet and at corners in certain areas to define the boundary. CITY FINANCIAL IMPACTS The proceeds from the lease of any natural area must be reinvested by the City in natural area initiatives; the proceeds may not be diverted to another purpose. Hageman Earth Cycle will pay Natural Areas $1,763.81/month ($21,165.72 per year) to lease the approximately 11.85 acres of land; which is the current lease rate. The recently appraised value of the 11.85 acres with the restrictions as described above was $21,610 per acre or a total of $255,000. Based upon the appraised value, the lease rate is 8.3 percent; which staff believes to be a fair lease rate. The lease rate will be adjusted annually in accordance with the Denver- Boulder-Greeley CPI-U. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board voted unanimously, at its regular meeting on November 8, 2017, to recommend that City Council approve the 20-year lease of approximately 11.85 acres of land that was originally purchased for Running Deer Natural Area. PUBLIC OUTREACH There was no public outreach regarding the proposed lease. 17 Packet Pg. 207 Agenda Item 17 Item # 17 Page 3 ATTACHMENTS 1. Running Deer Vicinity Map (PDF) 2. Work to be completed prior to commencement of lease (PDF) 3. Land Lease Guidelines (PDF) 4. Land Disposition Guidelines (PDF) 5. Land Conservation and Stewardship Board minutes, November 8, 2017 (PDF) 17 Packet Pg. 208 E Prospect Rd S County Road 9 ke Rd !"`$ !"`$ ExisƟng lease area (14.828 acres) ConservaƟon easement Environmental Learning Center Running Deer CoƩonwood Hollow Natural Area Riverbend Ponds Natural Area Running Deer Vicinity Map Hageman’s properƟes ATTACHMENT 1 17.1 Packet Pg. 209 Attachment: Running Deer Vicinity Map (6344 : Running Deer Natural Area to Hageman Earth Cycle) 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 LESSOR’S MANAGEMENT 2.73 acres have been extracted from the parcel in question and will remain in Lessor’s management. The areas are comprised of a combination of buffers of various types that are annotated on the map. RUNNING DEER NATURAL AREA EXHIBIT D: PAGE 1 OF 4 | WORK TO BE COMPLETED PRIOR TO COMMENCEMENT DATE OF LEASE APPROXIMATE DIMENSIONS+ AREA OF POTENTIAL REDEVELOPMENT: HAGEMAN OWNED (FENCE POST PROPERTIES OR BIGFOOT PROPERTIES) 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 LEASED TO LESSEE 11.85 acres available to be leased by Lessee to support materials processing. To facilitate future management, selected buffer zones have been extracted from the parcel and will remain in the Lessor’s management. + 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; Lessee to relocate and reconstruct berms off Lessor's retained 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 LESSOR’S MANAGEMENT 2.73 acres have been extracted from the parcel in question and will remain in Lessor’s management. The areas are comprised of a combination of buffers of various types that are annotated on the map. RUNNING DEER NATURAL AREA EXHIBIT D: PAGE OF 4 | WORK TO BE COMPLETED AFTER COMMENCEMENT DATE OF LEASE APPROXIMATE DIMENSIONS+ AREA OF POTENTIAL REDEVELOPMENT: HAGEMAN OWNED (FENCE POST PROPERTIES OR BIGFOOT PROPERTIES) 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 LEASED TO LESSEE 11.85 acres available to be leased by Lessee to support materials processing. To facilitate future management, selected buffer zones have been extracted from the parcel and will remain in the Lessor’s management. + 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 Lessor in cooperation with Lessee. 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’ LESSOR’S RETAINED PROPERTY | LESSEE’S PROPERTY BOUNDARY LESSOR’S RETAINED PROPERTY | LESSEE’S PROPERTY BOUNDARY 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. EXHIBIT D: PAGE 3 OF 4 | BOUNDARY DEMARCATION | PLANTED BERMS 17.2 Packet Pg. 212 Attachment: Work to be completed prior to commencement of lease (6344 : Running Deer Natural Area to 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 EXHIBIT D: PAGE 4 OF 4 | CUSTOM SEED MIX 17.2 Packet Pg. 213 Attachment: Work to be completed prior to commencement of lease (6344 : Running Deer Natural Area to ATTACHMENT 3 17.3 Packet Pg. 214 Attachment: Land Lease Guidelines (6344 : Running Deer Natural Area to Hageman Earth Cycle) ATTACHMENT 4 17.4 Packet Pg. 215 Attachment: Land Disposition Guidelines (6344 : Running Deer Natural Area to Hageman Earth Cycle) 17.4 Packet Pg. 216 Attachment: Land Disposition Guidelines (6344 : Running Deer Natural Area to Hageman Earth Cycle) Land Conservation & Stewardship Board November 8, 2017 Meeting Minutes Excerpt Proposed Lease of 11.85 acres of Running Deer Natural Area to Hageman Earth Cycle Mark Sears, Natural Areas Manager reviewed the proposed 20-year lease agreement with Board members for the Hageman Earth Cycle lease of 11.85 acres located within Running Deer Natural. Mark explained restrictions and conditions that would have to be met prior to the signing of the agreement including the removal of some existing stockpiles, construction of new earth berms and the deposit of $10,000 in escrow to cover restoration costs, if needed. The Natural Areas Department will also have lease conditions such as reseeding, installing a wooden fence or other boundary markers along the boundaries of the lease area. Mark explained that the lease rate will be adjusted annually in accordance with the Denver-Boulder-Greeley CPI-U. Both parties have the ability to terminate the lease over the 20- year term; otherwise the lease provides Hageman Earth Cycle assurance to invest in more infrastructures on the property. The lease has not been finalized and Hageman Earth Cycle has the option to come back with changes, but as of this Board meeting, there haven’t been any proposed changes. NAD will present the lease agreement to City Council on December 19th, for their approval. Kelly Ohlson asked that if Hageman Earth Cycle had any recommended changes to the current lease and those changes were significantly different than the current lease would Board members be allowed to review those changes. Mark assured Kelly and board members that those changes would be brought back to the board for discussion. Mark explained that Hageman Earth Cycle has had the lease agreement for over two weeks to review. John did notify that if City Council were to make any changes, those changes may not make it back to the Board for approval. That would be the only difference. Vicky McLane made a motion that the LCSB recommend that City Council approve the 20-year lease of approximately 11.85 acres of land originally purchased for Running Deer Natural Area. Andrea Elson seconded the motion. The motion was unanimously approved. ATTACHMENT 5 17.5 Packet Pg. 217 Attachment: Land Conservation and Stewardship Board minutes, November 8, 2017 (6344 : Running Deer Natural Area to Hageman Earth -1- RESOLUTION 2018-006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF 11.85 ACRES OF CITY-OWNED NATURAL AREA PROPERTY TO HAGEMAN EARTH CYCLE, 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 “Old 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, in 2001 the City Council adopted Ordinance No. 085, 2001, authorizing the lease of the Old Lease Parcel to HEC for up to five years; and WHEREAS, in 2006 the City Council adopted 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 found a suitable property for relocation, and in 2016 Natural Areas staff and HEC negotiated a potential sale of a portion of the Old Lease Parcel to Fence Post properties, LLC (“Fence Post”), a limited liability company owned by Roger Hageman, the owner of HEC; and WHEREAS, on January 17, 2017 the City Council considered on first reading Ordinance No. 020, 2017, which would have authorized the sale to Fence Post, but postponed it until City staff could complete work to explore other options such as another long-term lease; and WHEREAS, since that time, Natural Areas has developed guidelines for leasing Natural Areas property that, among other factors, takes into consideration whether the property was being leased at the time the City acquired it; and WHEREAS, City staff and HEC have negotiated a proposed new lease agreement (the “Lease”) for a portion of the Old Lease Parcel comprising approximately 11.85 acres, as shown on Exhibit “A”, attached and incorporated herein by reference (the “New Lease Parcel”); and Packet Pg. 218 -2- WHEREAS, if the Lease is approved, the depiction in Exhibit A will be replaced with a surveyed legal description prior to execution of a lease agreement; and WHEREAS, the terms and conditions of the Lease would include the following: • During an option period before the Lease starts, HEC would complete cleanup work on the property; • The term of the Lease would be twenty years; • Rent payments would total $21,165.72 per year, which staff believes is a fair-market rent, with an annual adjustment based on the consumer price index; • Restrictions on the use of the property to help protect the environment and conservation values on the property; and • Construction of berms and establishment of vegetation on the berms within five years of commencement of the Lease, with funds deposited in escrow by HEC to assure successful completion of the work; and WHEREAS, Section 23-113(b)(1) of the City Code authorizes the City Council to lease any and all interests in real property owned in the name of the City if the City Council first finds that the lease is in the best interests of the City, with such approval being by resolution unless the proposed term of the lease exceeds twenty years; and WHEREAS, HEC provides an important yard waste recycling service to the community, consistent with the City’s zero waste goals and Climate Action Plan; and WHEREAS, the Natural Areas Department supports and benefits from the City’s climate goals, and this Lease would let Natural Areas further contribute to these broader natural resource conservation goals; and WHEREAS, leasing the New Lease Parcel rather than selling it allows the property to remain in Natural Areas ownership and potentially become part of Running Deer Natural Area in the future, while still providing other community benefits; and WHEREAS, at its regular meeting of November 8, 2017, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the Lease. 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 lease of the New Lease Parcel Packet Pg. 219 -3- to HEC as provided herein is in the best interests of the City. Section 3. That the City Manager is hereby authorized to execute a lease agreement to lease the New Lease Parcel to HEC on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the New Lease Parcel, as long as such changes do not materially increase the size or change the character of the property to be leased. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 220 0 50 100 200 400 feet N. PROSPECT RD. POTENTIAL PROSPECT RD. WIDENING ROW: WIDTH TBD BY CITY ENGINEERING PROPOSED LEASE BOUNDARY PROPOSED LEASE BOUNDARY PROPOSED LEASE BOUNDARY LEGEND DEPICTION OF THE PREMISES WETLANDS + WATER BODIES RUNNING DEER NATURAL AREA EXHIBIT $: PAGE 1 OF 1 | DEPICTION OF THE PREMISES AREAS TO REMAIN IN LESSOR’S MANAGEMENT PROPOSED LEASE BOUNDARY + Survey required to determine official property boundaries. EXHIBIT A 1 Packet Pg. 221 Attachment: Exhibit A (6356 : Running Deer Natural Area to Hageman Earth Cycle RESO) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2018-007 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint 15 individuals to fill vacancies that currently exist on 6 various boards and commissions, due to expiration of terms on December 31, 2017. Applications were solicited during September, October, and November. Council teams interviewed applicants during December and January. Vacancies still exist on the Building Review Board; Housing Catalyst; and the Senior Advisory Board, work will continue to fill those vacancies. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution makes XX appointments to 6 boards and commissions to fill vacancies from expired terms. These terms will begin immediately on January 16, 2018. Names of those individuals recommended to fill vacancies have been inserted in the Resolution with the expiration date following the names. 18 Packet Pg. 222 -1- RESOLUTION 2018-007 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards, commissions, and authorities of the City due to resignations by board members and vacancies will be created due to the expiration of the terms of certain current members; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards, commissions, and authorities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: That the following named persons are hereby appointed to fill current vacancies on the boards, commissions, and authorities hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Commission on Disability Expiration of Term Arianna Kilmer December 31, 2021 Citizen Review Board Expiration of Term Heather Gossel December 31, 2021 Aaron Rodriguez December 31, 2021 Energy Board Expiration of Term Amanda Shores December 31, 2021 Jeremy Giovando December 31,2021 Krishna Karnamadakala December 31, 2021 Landmark Preservation Commission Expiration of Term Kaitlan Dorn December 31, 2021 Kevin Murray December 31, 2021 Mike Bello December 31, 2021 Packet Pg. 223 -2- Women’s Commission Expiration of Term Melanie Horton December 31, 2018 Shana Ryken December 31, 2019 Jennifer Harvey December 31, 2020 Alexis Kuznick December 31, 2021 Emily Gorgol December 31, 2021 Youth Advisory Board Expiration of Term Jose “Joel” Warne December 31, 2021 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of January, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 224 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Clay Frickey, City Planner Brad Yatabe, Legal SUBJECT Public Hearing and Second Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 19, 2017 approves with conditions, the Long Pond Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. On First Reading, three conditions of approval were adopted: one condition making the APU validity contingent upon subsequent Planning and Zoning Board approval of the associated PDP, one that reduced the height of the facility to 45 feet or less, and one requiring that the facility be located further north so it is closer to existing outbuildings. The City Council directed staff to research three additional conditions of approval. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading with the addition of a condition of approval related to removal of the tower if it becomes obsolete. BACKGROUND / DISCUSSION City Council directed staff to research three additional conditions of approval contemplated at First Reading. These conditions of approval are: 1. The tower’s design be changed upon redevelopment of the parcel or the surrounding areas; 2. The tower must exceed current City structural requirements for cell towers, primarily with respect to wind loads; and 3. The tower must be removed when it becomes obsolete Staff has been in communication with the applicant to discuss specific verbiage associated with the three additional conditions. With regards to above proposed condition 1, no other cell tower has been subject to a condition such as this. No other cell tower, however, has been subject to the Addition of Permitted Use process. Redevelopment of the site upon which the tower is located would not necessarily require a condition of approval requiring the re- design of the tower. Any development submittal for the subject property would have to meet the Land Use Code standards at the time of development. Since a development submittal would have to account for the cell tower, this obviates the need of a condition of approval for re-development of the subject parcel and, therefore, staff does not recommend imposing a condition of approval related to re-development of the property. For 19 Packet Pg. 225 Agenda Item 19 Item # 19 Page 2 redevelopment of surrounding parcels, staff puts forward the following practical issues for Council’s consideration: • What specifically triggers a redesign? • What should a redesigned facility look like? • What process would a redesigned facility go through? In consideration of these practical issues, staff does not recommend imposition of this condition of approval regarding redevelopment of surrounding parcels. For condition 2, the City adopted a wind loading standard as part of the 2015 International Building Code. While the International Building Code does not have a specific wind loading requirement for the Fort Collins area since the City is located in a special wind zone, Colorado State University data for the area has been utilized to calculate wind loading requirements for all structures. All structures must meet this requirement, including taller structures that are more susceptible to high wind events. Section 5-27(70) of the Municipal Code requires all structures to withstand wind loads of 100 miles per hour (161 kph) Vasd or 129 miles per hour (208 kph) Vult. Staff finds this wind loading requirement is sufficient and recommends not imposing this condition of approval. For condition 3, obsolescence could be defined in this context as inactivity. Non-conforming uses expire after being inactive for a 24-month period per Land Use Code Section 1.5.3. Staff recommends the imposition of this condition to require the removal of the tower if it is inactive for a period of 180 continuous days to ensure timely removal of the structure. Such a condition could be added to the listed conditions already included in Section 3 of the Ordinance as follows: (3) If, after construction of the wireless telecommunications facilities is completed, such facilities are not operated for any reason for a continuous period of 180-consecutive days, the facilities and the structure in which they are housed shall be removed from the Parcel in accordance with all requirements of the City Code and Land Use Code. For purposes of this condition, any failure to continuously operate resulting from forces beyond the reasonable control of the owner, other than financial inability to operate, shall not be counted against the 180-consecutive day period. Additionally, the wireless facilities use added by the APU process pursuant to Ordinance No. 136, 2017, shall terminate and shall thereafter be null and void. ATTACHMENTS 1. First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (PDF) 2. Planning and Zoning Board Verbatim Transcript, September 14, 2017 (PDF) 3. Resident Comments received since December 19, 2017 (PDF) 4. Powerpoint presentation (PDF) 5. Ordinance No. 136, 2017 (PDF) 19 Packet Pg. 226 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY December 19, 2017 City Council STAFF Clay Frickey, City Planner Brad Yatabe, Legal SUBJECT Consideration of the Long Pond Wireless Telecommunications Facility Addition of Permitted Use Request. EXECUTIVE SUMMARY A. Public Hearing and First Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. OR B. Public Hearing and First Reading of Ordinance No. 137, 2017, Denying the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. The purpose of this item is to decide whether to approve, approve with conditions, or deny the Long Pond Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. STAFF RECOMMENDATION Staff recommends approval of the Long Pond Wireless Telecommunications Facility Addition of Permitted Use request subject to the following conditions: The applicant shall reduce the height of the proposed wireless telecommunications facility to 45 feet or less and move the facility further north to be closer to the outbuildings to assure compatibility with the area and cannot be changed without an amendment by the approving authority. BACKGROUND / DISCUSSION PDP160018 proposes the installation of a 60-foot tall wireless telecommunications facility at 2008 Turnberry Road. The applicant proposes to disguise the facility as a silo. 2008 Turnberry Road is 4.512 acres in size and contains a single-family detached home with a series of outbuildings. The Maple Hill and Story Book neighborhoods are north and south of the site, with County subdivisions located on the west side of Turnberry Road. Anheuser-Busch/InBev’s land extends to the east property line of 2008 Turnberry Road. Wireless telecommunications facilities are not an allowed use in the zone in which this project is located. Ordinance No. 080, 2015, amended the Land Use Code to require City Council approval for Addition of Permitted Use applications in eight residential zone districts. One of the zone districts in this list is the Low Density Mixed-Use Neighborhood zone district. ATTACHMENT 1 19.1 Packet Pg. 227 Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6340 : SR 136 Long Pond APU) Agenda Item 22 Item # 22 Page 2 Regulations from the Federal Communications Commission (FCC) also apply to wireless telecommunication facility applications. The Wireless Telecommunications Act of 1996 contains regulations that limit how municipalities can regulate wireless telecommunication facilities. Cities may not ban wireless telecommunication facilities or zone their city in such a way to de facto ban wireless telecommunication facilities. Cities also may not deny applications for wireless telecommunication facilities based on health impacts. Northeast Fort Collins contains few parcels that have zoning that allow wireless telecommunications facilities. The applicant has been unable to obtain a lease with property owners that have properly zoned land. Based on direction received from Council at the October 3, 2017 hearing for this item, City staff retained a consultant, Center for Municipal Solutions, to review this submittal for compliance with the Wireless Telecommunications Act of 1996. Center for Municipal Solutions provided the City with its initial report on November 2, 2017. Based on this report, Atlas Tower provided the City and Center for Municipal Solutions with additional information regarding the coverage gaps this facility expects to fill. Center for Municipal Solutions provided a supplemental report based on this additional information on December 5, 2017. Historically, staff has not invoked section 3.5.1 of the Land Use Code dealing with architectural compatibility for wireless telecommunication facilities. Building is a defined term in the Land Use Code. The definition of a building is as follows: Building shall mean any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics: (1) is permanently affixed to the land; (2) has one (1) or more floors and a roof; and (3) is bounded by either open space or the lot lines of a lot. Wireless telecommunications facilities do not provide shelter. Section 3.5.1, therefore, does not apply since a wireless telecommunications facility does not meet the definition of a building. Section 3.8.13(C)(15) requires stealth technology for all wireless facilities and equipment. This addresses compatibility issues by requiring wireless projects to blend into their surroundings. Compliance with APU Criteria In order to grant an APU, the proposal must meet a set of criteria outlined in Section 1.3.4(C)(1) of the Land Use Code. The project complies with these criteria as follows: A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added Wireless telecommunications equipment is a use allowed in all zones. Wireless telecommunications equipment is defined as, “… equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication service facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose,” per the definitions found in Article 5 of the Land Use Code. What this implies is that equipment which facilitates improved wireless connectivity is allowed citywide. The difference between wireless telecommunications equipment and a facility is that the facility is a freestanding structure for the sole purpose of providing wireless connectivity. The difference between the two uses is design, not function. As such, the proposed use is appropriate in the LMN zone district. B. Section 1.3.4 (C)(1)(b) - Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added Per section 4.5(A) of the Land Use Code, the purpose of the LMN zone is, “… to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides 19.1 Packet Pg. 228 Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6340 : SR 136 Long Pond APU) Agenda Item 22 Item # 22 Page 3 a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood.” As established in the previous section, wireless telecommunications equipment is an allowed use in the LMN zone. This means uses allowing for improved wireless connectivity are not inherently in conflict with the other uses allowed in the zone. The purpose of the zone also calls for uses that support a neighborhood that are developed and operated in harmony with the residential characteristics of a neighborhood. Since wireless telecommunications uses are accessory to principle uses and provide a needed service for residents of a neighborhood, a wireless telecommunications facility conforms to the basic characteristics of the LMN zone so long as the facility is designed in harmony with the existing neighborhoods surrounding the site. As such, the proposal satisfies this criterion based on the conditions of approval recommended in the subsequent section of this AIS. C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties The applicant proposes this facility in this location due to the need for cell phone coverage in this portion of the City. Per the propagation maps supplied by the applicant, cell phone coverage is poor in northeast Fort Collins. Two websites dedicated to providing crowd sourced cell coverage maps, Open Signal and Sensorly, back up this claim. In the portion of the City where Verizon has coverage gaps, only six parcels within the city limits have zoning that would allow wireless telecommunications facilities. All of these parcels are owned by Anheuser- Busch/InBev. Anheuser-Busch/InBev’s parcels do not make good candidates for a wireless tower to serve the neighborhoods the provider is looking to serve per the applicant’s project narrative. None of the other parcels in the applicant’s search ring that are within the city limits have zoning that would allow a wireless telecommunications facility. Many properties near the development site, however, are still located in Larimer County. County zoning allows commercial mobile radio services, synonymous with wireless telecommunication facilities, in all zones subject to special review. If a development proposal in the County is on a parcel contiguous with the city limits and is subject to special review, then the property would be required to annex into the City of Fort Collins. Per the Structure Plan Map, none of the parcels in the applicant’s search ring would enter the City of Fort Collins with zoning that would allow a wireless telecommunications facility except for one. The property that would enter the City with appropriate zoning would be the Fort Collins Country Club. Fort Collins Country Club also denied the applicant’s request for a lease. The county parcels not contiguous to city limits in the applicant’s search ring are lots containing single-family detached homes, which do not make ideal sites for a cell tower. Given this scenario, the sites best suited for a cell tower are large sites that will allow the tower to be sited away from nearby developments to mitigate the size of the tower. The large sites nearby include Maple Hill Park, Richards Lake Park, the future school site owned by Poudre School District (PSD), the future Northeast Community Park site, and the legacy farm lots along Turnberry Rd. Neither the City of Fort Collins nor PSD allow leases for cell towers on their property. The only remaining large lots in the search ring are along Turnberry Rd., including the site under consideration with this development application. Given the FCC’s requirement to allow cell towers, the proposed development site is as appropriate a site as any in the applicant’s search ring. Land Use Code section 3.8.13(C)(2) and 3.8.13(C)(15) require wireless telecommunications facilities to fit into the context surrounding the site and to also use stealth technology to hide the facility to the extent reasonably feasible. Immediately adjacent to the site on the south is a single-family detached home on a large lot. Maple Hill sits north of the development site with one parcel separating the development site from Maple Hill. Maple Hill comprises single-family detached homes, a neighborhood park, open space, and a neighborhood pool. Story Book lies south of the development site. Similarly to Maple Hill, Story Book comprises single-family detached homes and open space. Across Turnberry Rd., west of the development site, are a number of County subdivisions. These County subdivisions comprise small multi-family developments, townhomes, and single- family detached homes on large lots. PSD owns the land east of the development site. PSD proposes a school to be located here in the future. Anheuser-Busch/In Bev owns the land east of the PSD site, which is currently used as an agricultural operation. The development site itself contains a two-story, single-family detached home 19.1 Packet Pg. 229 Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6340 : SR 136 Long Pond APU) Agenda Item 22 Item # 22 Page 4 with a variety of out buildings. The out buildings indicate the property was likely used as a farm prior to the area developing. The context consists predominantly of one- and two-story residential structures. Few non-residential structures exist near the development site. Most of the buildings are new construction from the 2000’s with the development in the County and home immediately to the south containing buildings from various decades. No structure nearby exceeds 40 feet in height. Given the burgeoning residential areas around the site and the agricultural activities beyond the surrounding neighborhoods, a silo is an appropriate design. A silo would harken back to the agricultural roots of the site and could appear integral to the existing site if designed and located properly. The current design and location of the silo, however, do not appear integral to the site. Two silos near the development site are emblematic of how silos function on agricultural sites in Fort Collins. Both silos are 30-40 feet in height and are located near outbuildings. Both silos are constructed out of cement and feature a flat top. The proposed facility is 60 feet tall and located away from the series of outbuildings on the development site. The scale of the proposed silo is too tall compared to other, existing silos in the area to be construed as being part of an active agricultural operation. The location of the silo on the site does not appear integral to the operation of the site. Staff proposes two conditions of approval to meet this criterion of the Addition of Permitted Use process: 1. The silo is reduced in height to 45 feet. 2. The silo should be located at the north end of the site close to the existing outbuildings to appear integral to the site. These conditions of approval will allow the proposal to meet this criterion of the APU process while also better meeting other provisions on the Land Use Code. This design and location would also minimize the impact of the facility on the property immediately south of the site while still keeping the silo interior to the site and thus minimizing the impact on other neighbors. Staff recommends a 45-foot tall silo to allow for co-location in accordance with Land Use Code section 3.8.13(B). While a 60-foot tower would allow more co-location opportunities, a 45-foot tower would be more in scale with the neighborhood and minimize the visual impact of the tower. At this height, another carrier could locate on the tower while keeping the facility more in scale with the surrounding neighborhood and other silos nearby. D. Section 1.3.4(C)(1)(d) - Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added Cell towers do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. Aesthetically, should the cell tower be designed and located as recommended per the conditions of approval for Criterion C, the tower will also have no greater impact than any of the other permitted uses in the LMN zone. A 45-foot tall silo structure located near agricultural outbuildings will appear akin to other silos near the development site, which satisfies this criterion. E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area The predominant character of the surrounding area is that of a suburban, residential community. Just as the two silos nearby on Vine Dr. do not define the character of that corridor, nor shall the proposed silo define the character of this neighborhood. The proposed silo, should the conditions of approval to Criterion C be approved, will recede into the background of the neighborhood and will not define the area, satisfying this requirement. 19.1 Packet Pg. 230 Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6340 : SR 136 Long Pond APU) Agenda Item 22 Item # 22 Page 5 F. Section 1.3.4(C)(1)(f) - Such use is compatible with the other listed permitted uses in the zone district to which it is added As established for Criterion A, wireless telecommunications equipment is an allowed use. This means the design of a wireless telecommunications facility is the principal consideration for establishing compatibility with the surrounding neighborhood. The proposed conditions of approval for Criterion C would keep the proposed tower in scale with the surrounding neighborhoods and locate the tower appropriately to minimize community impacts and make the silo appear integral to the operation of the development site. Given the findings of Criterion A and the recommended conditions of approval for Criterion C, staff finds the proposed use is compatible with the other listed permitted uses in the zone district to which it is added. G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on March 30, 2016, prior to submittal of a development application. Staff convened a second neighborhood meeting on May 17, 2017, after the first round of staff review. H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code The proposed use is a Wireless Telecommunications Facility, which satisfies this criterion. In addition to these criteria, Section 1.3.4(C)(3)(c) also requires Addition of Permitted Use applications to not be detrimental to the public good, comply with the standards in Section 3.5.1, and not be specifically listed as a prohibited use in the zone district. The proposed wireless telecommunications facility is not detrimental to the public good. As mentioned earlier, Section 3.5.1 applies to buildings. Wireless telecommunications facilities do meet the definition of a building and so this standard is not applicable. The LMN zone district does not have any uses that are expressly forbidden, so this application also meets this standard. BOARD / COMMISSION RECOMMENDATION At the September 14, 2017 Planning and Zoning Board meeting, the Board voted 4-1 to recommend denial of the application. The Board found the application does not meet the APU criteria in Land Use Code Section 1.3.4(C)(1). More specifically, the Board found the proposed use is not compatible with the neighborhood and does not conform with the basic characteristics of the zone district and the other permitted uses in the zone district. PUBLIC OUTREACH Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal of a formal development application with the City and one must be held after the first round of staff review. In compliance with this code section, the applicant held the first neighborhood meeting on March 30, 2016 at Tavelli Elementary School. 70 neighbors attended the meeting. After this meeting, the applicant submitted their development application with the City on May 25, 2016. The applicant held the second neighborhood meeting on May 17, 2017. 54 neighbors attended this meeting. Neighbors raised the following issues at these meetings: Concern about radio frequency emissions The proposed use is not compatible with the surrounding neighborhoods A 60-foot tower is too tall and obtrusive 19.1 Packet Pg. 231 Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6340 : SR 136 Long Pond APU) Agenda Item 22 Item # 22 Page 6 Concern about traffic from wireless companies servicing the tower Worried that a cell tower will decrease the value of their home ATTACHMENTS 1. Staff report and attachments provided to Planning and Zoning Board, September 14, 2017 (PDF) 2. Planning and Zoning Board minutes, September 14, 2017 (PDF) 3. Center for Municipal Solutions Report, November 2, 2017 (PDF) 4. Response Narrative from Atlas Tower, November 28, 2017 (PDF) 5. Sherman and Howard Letter, November 30, 2017 (PDF) 6. Center for Municipal Solutions Supplemental Report, December 6, 2017 (PDF) 7. Revised Coverage Maps from Verizon Wireless, November 28, 2017 (PDF) 8. Resident Comments received by 12:00 p.m., December 13, 2017 (PDF) 9. Powerpoint presentation (PDF) 19.1 Packet Pg. 232 Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6340 : SR 136 Long Pond APU) HEARING OF THE PLANNING AND ZONING BOARD CITY OF FORT COLLINS Held September 14, 2017 City Council Chambers 200 West Laporte Fort Collins, Colorado In the Matter of: Long Pond Wireless Telecommunications Facility and Addition of Permitted Use (APU) Meeting Time: 6:00 PM, September 14, 2017 Board Members Present: Staff Members Present: Jeff Hansen, Vice Chair Cameron Gloss Emily Heinz (recused herself from this item) Clay Frickey Michael Hobbs Brad Yatabe Jennifer Carpenter Cindy Cosmas Ruth Rollins William Whitley ATTACHMENT 2 19.2 Packet Pg. 233 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 2 1 VICE CHAIR JEFF HANSEN: The next item on our discussion agenda is item number 6, which 2 is the Long Pond Wireless Telecommunications Facility and Addition of Permitted Use. Clay, can we 3 have an overview? 4 BOARDMEMBER EMILY HEINZ: Just before you do, I have a conflict on the WTF so I have 5 to go. Thanks. 6 VICE CHAIR HANSEN: And Cindy, I should ask if there’s been any additional items received 7 since the worksession? 8 MS. CINDY COSMAS: Yes, we’ve received one email in support of this project, and three 9 emails with concerns related to livability, property resale, granting zoning variances, and potential safety 10 issues. 11 VICE CHAIR HANSEN: Thank you. Clay, do you have a staff overview? 12 MR. CLAY FRICKEY: Yes, thank you Mr. Chair and members of the Planning and Zoning 13 Board. Again, my name is Clay Frickey, staff planner on the Long Pond Wireless Telecommunications 14 Facility and Addition of Permitted Use. So, the proposal before you this evening is for a 60-foot tall 15 wireless telecommunications facility, which is a freestanding cell phone tower. The proposal calls for the 16 tower to be disguised as a silo. The site is located in the low-density mixed-use neighborhood zone 17 district in which wireless telecommunications facilities are not an allowed use, which is why this proposal 18 is subject to the addition of permitted use process which staff will cover after the applicant’s presentation. 19 VICE CHAIR HANSEN: Thank you Clay. Does the applicant have an application…or have a 20 presentation? 21 MR. FRICKEY: Yes. 22 VICE CHAIR HANSEN: Okay…is the applicant here? Oh, yeah, go ahead sir. You 23 can…yeah…come front and center. It’s a little easier for everybody to see you. 24 MR. KEN BRADTKE: Okay. First, I’d like to say thanks to the Boardmembers and staff for 25 being here tonight…appreciate it. My name is Ken Bradtke; I’m here on behalf of the applicant, Atlas 26 Tower. So, Clay kind of covered…you know, the application is for a 60-foot silo communications tower 27 accompanied with a 50 by 50 fenced compound and facility to house all of the carrier equipment, et 28 cetera. And so, do you have the slide? Just click it…or…? 29 Okay, so this is just a brief overview of the presentation…I just want to give a little bit of 30 background about Atlas Tower, who we are, move into the origins of the site, why this location was 31 chosen, why this particular design was chosen, we’ll go over some of the design elements of the 32 project…and then lastly, we’ll want to focus on the staff approval and the recommendation we received 33 from staff. 34 So, Atlas Tower…we are a Boulder based, independently owned communications infrastructure 35 company. We’re pretty small; we have about five full-time employees. We’re not a carrier; by that, I 36 mean you can’t sign up for Atlas Tower service, but we do build, own, operate, and maintain 37 communications infrastructure for all the major carriers: AT&T, Verizon, Sprint, and T-Mobile. One of 19.2 Packet Pg. 234 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 3 1 the benefits of working with an independent tower company, or I like to think, is that we design all of our 2 sites with co-location in mind. Sort of, you know, we’re not really beholden to one client; we want to 3 provide a great structure for not just our anchor tenant but future tenants as well. I’ll touch a little bit 4 more on that, but I think that is a benefit of an independent tower company. 5 So, origins of the site, why this location was chosen. So, basically, carriers are granted spectrum 6 by the FCC; they’re mandated to optimize the use of that spectrum. And so, in order to do that, they 7 hire…they have a lot of employees that are radio frequency engineers and they study, basically how their 8 network is performing. They look at where they might have coverage gaps, they look at population 9 growth, demographics, all that kind of stuff…to ultimately decide where they need to locate a facility. 10 Once we…once they kind of, you know, pick, you know, identify coverage gaps and capacity issues, 11 then, you know, it goes down to the real estate level, and then we’re tasked with finding, you know, a site 12 that will basically meet their coverage needs as far as height and location as well as being able to pass 13 certain zoning criteria, et cetera. 14 So, as far as this site, there is a coverage gap; there’s poor coverage in the area. And I like to…I 15 have that up there just to make a distinction between coverage and capacity. So, coverage is, you know, 16 literally you can’t get a signal, you can’t make a call, you can’t use your high-speed wireless internet, 17 whereas capacity is, you know, you might be able to make a phone call today, but with, you know, more 18 and more users, more and more devices being connected every day, more and more applications requiring 19 high speed data, you might not have coverage tomorrow. And so, I think we have both of those here; we 20 have a coverage and capacity issue, but, you know, coverage…having a coverage gap is really a main 21 concern and so that’s what we’re trying to address here today. Not only that, so, another thing in addition 22 to, you know, more users, there’s also local demand, so the demand from people wanting to actually, you 23 know, have better quality service. Just quickly speak on…Verizon did a text campaign, so they basically 24 sent a text message out to all their subscribers in the 80524 billing zip code, and you know, you were 25 basically asked to…reply if you’re interested or if you support the communications tower at this address. 26 They received 428 affirmative text responses indicating support of the facility and 9 respondents opposed. 27 Some of the benefits I like to touch on, too, of the communication towers. There’s obvious social 28 benefits of being able to communicate with your friends and family and all that kind of stuff…being able 29 to take advantage of some of the benefits, you know, recreationally I guess, that are there with high-speed 30 internet, but also, you know, there’s people that work from home that, you know, want to make 31 conference calls, that kind of stuff, so there’s an economic benefit there too for local businesses as well as 32 more and more companies and people cut the cord. And also, you know, the biggest component is 33 obviously reliable safety communications. The FCC has stated that over 70% of all 911 calls come via 34 mobile device, so having a reliable wireless communication is more important every day. And there was 35 actually an article in the Coloradoan back in August, kind of…and it opens up with, you know, a pretty 36 tragic story of someone in this exact neighborhood not being able to…or of a man tragically passing 37 because…well, not because, but people weren’t able to make 911 calls and that caused, you know, some 38 extra frenzy I guess. So, safety and reliable communications is usually key, and, you know, why these 39 carriers…one of the reasons why the carriers are looking to fill their coverage gaps and remedy any 40 capacity issues. 41 So, I’ll move into some of the details of the location and design of the project. So, you guys are 42 probably already familiar with that, but just wanted to touch on it. Obviously, where the dot is on the 43 map, that’s where our tower is currently being proposed. That’s a little bit closer view and where, 44 approximately, the blue square shows where we’re proposing to put our facility. And so, facility 19.2 Packet Pg. 235 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 4 1 design…well, that didn’t come out exactly right, but basically, I think you guys have in your packet too, 2 the designs are all pretty standard. Like I said, it’s a 50 by 50 facility, fenced with a wooden fence, 6-foot 3 perimeter fence. Inside, in the center would be the silo tower, and then also inside, around that are 4 equipment pads and shelters for carrier equipment and all that kind of stuff. That’s just, again, that didn’t 5 come out great, sorry for that, but that’s just a side view of what the silo structure would look like. And 6 so, Clay, you can just kind of click through these at your will, but these are just some of the photo 7 simulations that are included in your packet…wanted to just include them as part of the presentation. 8 Okay, and then…so now I’ll move to the height. We were approved…or we got a 9 recommendation of approval on our application for 45 feet even though we applied for 60. And so I just 10 wanted to talk a little bit about height and why it’s so important. So, communications towers, they do 11 work via line of sight, so obviously the taller the better. We understand that there’s, you know, certain 12 reasons why you can’t have a 200-foot structure everywhere you want to put a tower, but it is important 13 not only for them to be able to provide, you know, coverage, but they also need to be able to 14 communicate with other existing nodes in the network, so being able to see and talk with each other is 15 another important thing. And so, kind of going back to…or giving a little bit more detail as it’s kind of a 16 paradoxical nature…as the technology has gotten better and we’re able to, you know, get faster data and 17 all that kind of stuff, the search rings have actually shrunk, and that’s just because there’s a physical 18 limitation to how much information you can move over the air. So, whereas one big, tall tower used to be 19 able to cover a lot of people when we were just doing voice, you know, now we’re starting to see a lot 20 more densification of the network needing towers in more locations, sometimes just to cover one 21 intersection. So, you know, it is important to not only have good locations, but also tall enough structures 22 so you can limit the need for future structures, and that’s really what we’re hoping for today. I think at 45 23 feet, you know, there will be some degradation for Verizon, which I’ll show in just a second, but also it 24 will limit our ability to attract co-location. And like I said, you know, we strive to provide co-locatable 25 sites, and so, you know, whereas a foot or two, or five feet or ten feet, you know, is negligible on this type 26 of structure as you’re viewing it from the ground, for…from an RF perspective, it’s a huge deal, so, you 27 know, we would like to still press for 60 feet with a minimum of 55 feet. We think that would give 28 us…still allow us to provide the coverage that Verizon needs while also, you know, really giving us a 29 better chance at providing co-location ability and having, you know, the second provider come on and 30 also be able to, you know, really fill a coverage gap or capacity issue that they have. 31 So this is…one of the radio frequency engineers is actually here tonight from Verizon. He 32 provided what the plots would look like at different heights, so, this is what the tower would look like at a 33 55-foot rad center. You can see that it, you know, expands well into the north, providing good coverage. 34 And as we move down, so this is a 50-foot tower with a 45-foot rad center. You can see there’s still 35 pretty decent coverage, we’re still hitting some of the north, but there is some degradation. And then as 36 you move down to a 45-foot tower with a 40-foot rad, you can see how much coverage is actually lost to 37 the north. So, we’re not really hitting all those communities, all those, you know, growing residential 38 areas. And so, you know, we’re still able to provide coverage, but it’s definitely not ideal. And we’ll see, 39 you know, similar sort of degradation in quality as we move, you know, to the next tenant. So, we did 40 want to push, kind of stress that…stress the need for height. 41 And the last thing is, in our recommendation we’re also asked to move the location of the tower 42 facility. And we actually…when we originally presented our project over a year ago, we had a location 43 that was further to the north, but there were some issues with stormwater drainage and that kind of stuff, 44 so we actually, you know, from my understanding, worked with the City diligently to actually find a 19.2 Packet Pg. 236 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 5 1 location that would work and kind of avoid those issues, and that’s why we went to the south. The staff 2 report mentions being located to outpost buildings. I think there is a barn and other buildings, you know, 3 right in front of where the structure would be located now. We’re able to meet all the setbacks and all 4 that kind of stuff, so…not to mention, you know, all the design elements and different tests we’ve done at 5 this location too. So, we would also push to keep the location where it is, where we’ve been developing it 6 for over a year and have had, you know, meetings and all that kind of stuff. So, I guess with that, I will 7 end my presentation. 8 VICE CHAIR HANSEN: Thank you Ken. We have a staff response and analysis of the 9 proposal? 10 MR. FRICKEY: Yes, thank you Mr. Chair. So, I would like to begin by discussing the addition 11 of permitted use process in particular. So, the addition of permitted use process is a process identified in 12 the Land Use Code when an applicant is seeking to provide a use that’s not allowed in the zone district 13 but is allowed in other zone districts within the city. So, there are eight specific criteria identified in 14 Section 1.3.4(c)(1) of the Land Use Code, which I’m going to go over here over the next couple of 15 minutes. In residential zone districts, specifically, of which the low-density mixed-use neighborhood 16 zone district is a residential zone district, City Council is actually the final decision maker on the project, 17 and that’s more for the edification of all of the folks in the room that are here to participate from the 18 neighborhood. So, the Planning and Zoning Board will provide a recommendation and City Council will 19 actually be the final decision maker on these sorts of projects. And so, to briefly go through the APU 20 criteria…I’ll repeat these on the slides as well once we go through each individual criteria [sic], but I just 21 wanted to outline them at the beginning so we’re clear what we’re discussing and what staff is going over. 22 So, the first criteria [sic] is that the use is appropriate in the zone district to which it’s added. The 23 second is that it conforms to the basic characteristics of the underlying zoning. The third, that the 24 location, size, and design of the use is compatible with other uses within the neighborhood and has a 25 minimal negative impact on the neighborhoods. The fourth criteria…criterion, rather, is that the use 26 doesn’t create any sort of more offensive noise, vibration, dust, traffic, glare…it doesn’t affect the public 27 health, safety, morals, aesthetics of the community. Basically, it’s not harming the public good is what 28 the fourth criterion deals with. Criterion five states that such use will not change the predominant 29 character of the surrounding area. Criterion six, that the use is compatible to the other listed uses in the 30 zone district. Criterion seven is that if the APU application is for a use in a residential zone that there will 31 be two neighborhood meetings, and then the last criterion, criterion eight is that such use is not a 32 marijuana related use. 33 So, to talk about the criteria in more detail…we’ll start with criterion number one, that the use is 34 appropriate in the zone district. So, to be clear, wireless telecommunications equipment, which is defined 35 in the Land Use Code as antennas that are mounted on an existing structure…those are allowed in this 36 zone district. And so, really, the fundamental issue is…comes down to design between wireless 37 telecommunications facility and equipment. And so, since the function is consistent with a use that is 38 allowed in the zone district, staff finds that the proposal meets criterion number one. 39 Moving on to criterion number two, that the use conforms to the basic characteristics of the zone 40 district. For this analysis, staff consulted the purpose statement of low-density mixed-use neighborhood 41 zone district. And the purpose statement of that zone district is to provide a predominance of low-density 42 residential uses with supporting uses in the zone as well. So that typically comes in the form of what’s 43 called the neighborhood center. So that’s more neighborhood-serving commercial and other sorts of 19.2 Packet Pg. 237 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 6 1 support services that serve the neighborhood. And again, since wireless telecommunications equipment is 2 allowed, it’s sort of acting as a support service as well for the neighborhoods, and I think most folks in 3 Fort Collins expect cell service at their homes and in the neighborhoods. And so, really the consideration 4 then, is how can this facility be designed in order to fit into the neighborhood. And so, staff finds that the 5 proposal satisfies criterion two as well, but that’s based on the conditions of approval that staff will 6 discuss here in a few minutes. 7 So, criterion three is where I want to spend most of the time on the presentation, and that’s 8 discussing the location, size, and design of the proposed wireless telecommunications facility. So, to 9 further clarify and to provide some more context and background, cities must permit cell phone towers 10 per the Telecommunications Act of 1996. This is a federal law that supersedes local law. What this piece 11 of legislation does is it allows communities to use zoning to control the location and design of cell towers, 12 but not to de facto ban cell towers based on zoning essentially. And so, cities must provide cell phone 13 service. So, with that background, staff asked the applicant to provide coverage maps to prove that 14 there’s a need for this sort of facility. So, this is a coverage map that the applicant provided staff and is 15 part of the project narrative and is part of the materials presented to the Board. And, just to further 16 clarify, green is where there’s good coverage, yellow is so-so coverage, gray is pretty spotty coverage, 17 white, there’s no coverage. And so, I’m going to hover the cursor over the Power Point slide. This is the 18 Maple Hill neighborhood that’s just north of the proposed cell tower site. And so, as you can see, the 19 coverage to the north is not very good, per the maps supplied to the City by the applicant. To corroborate 20 that data, staff actually found two open source utilities that uses cell phone data from users to provide 21 coverage maps based on their experiences, and so those can change from time to time because the 22 coverage is dependent on the other users in the area. So, for example, if it’s 2:00 in the morning, nobody 23 else is using their cell phone, you’ll probably have better ability to connect to the internet than, you know, 24 at 3:00 in the afternoon. So, it’s important to keep that in mind when viewing these maps…they do 25 provide some indication as to what the general level of service is for cell phones in the vicinity. So, the 26 greener the color, the better, in terms of the signal. The more red the color, the worse. And so, a lot of 27 the Maple Hill area and the further you get north, the more red the map is, which indicates a poor signal 28 strength and poor coverage. And then it’s a similar story, and that was using a utility called Open 29 Signal…the next one was using a utility called Sensorly, and it’s the same sort of story. There’s less data 30 from this particular utility, but essentially it is painting a similar picture that the further north you get, the 31 worse coverage is. 32 So, the other issue here is that there are few parcels within this part of the city that would allow a 33 wireless telecommunications facility. So, staff asked the applicant to provide proof that they could not 34 get a lease on any of these sites that have appropriate zoning. So, the two big parcels that would be able 35 to accommodate a cell tower that would have appropriate zoning are the Fort Collins Country Club and 36 then land owned by Anheuser-Busch InBev. Another important thing to note is that the City has an 37 administrative policy where we will not provide new leases to cell phone towers…that was part of the 38 materials. And then also, too, Poudre School District is not interested in new leases either. They don’t 39 have a policy since their policy has to come from the Department of Education, but I did speak to the 40 planner at Poudre School District this morning and confirmed that they have an informal policy…won’t 41 call it policy, but they have a practice of not allowing new cell tower leases on their sites. And the City 42 and Poudre School District both own parcels immediately to the east of this site. So, just to make this a 43 little bit more clear…made a map that shows all of the parcels and if they have zoning that would allow a 44 cell tower. Not all of the gray parcels on this map would be parcels that would not allow a cell tower 45 based on City zoning expected, if it’s not in the City already. And then also too, then, I showed areas that 19.2 Packet Pg. 238 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 7 1 would allow a wireless tower based on their zoning in yellow. And so, the two property owners that are 2 right either in the applicant’s search area that was provided as part of the project narrative are A-B InBev 3 and Fort Collins Country Club. And again, the applicant was unable to secure a lease on either of those 4 sites. 5 So, then to talk a little bit more about the context, you know, what is the context of this section of 6 Fort Collins? It’s predominantly neighborhoods, mainly one and two-story buildings, and there are a 7 couple legacy farm properties in the area as well. So, these are just a couple of Google Earth images that 8 show, generally speaking, what the neighborhood looks like. So, this is from the south of the site looking 9 northeast. So, that’s the Maple Hill neighborhood at the top of your image there. And then looking the 10 other direction, the Storybook neighborhood is to the south, and then there’s various County subdivisions 11 across Turnberry to the west, on the west side of the road. And then this is a picture of the property in 12 question, basically right in front of the Maple Hill neighborhoods. This is looking south, and then this is 13 looking northwest from the Storybook neighborhood as to what the property would look like from the 14 neighbor’s perspective. 15 So, the cell tower…the applicant is proposing to place this tower towards the south end of the 16 site, and there will be a fenced off area that would screen all the ground equipment, and then in the center 17 would be the 60-foot tall silo, as proposed by the applicant. So, this is a…an elevation of the proposed 18 tower and what it might look like; it’s obviously not in color, but would likely be a gray color. And these 19 are the photo sims supplied to the City as part of their application. So, what staff did, is we took a look at, 20 you know, where are there other silos around this part of town? What do they look like? Where are the 21 sited? Because one of the criterion for the APU, but also too…the criterion in the Land Use Code in the 22 wireless telecommunications section of the Code, deals with stealth technology, that all of these towers 23 have to employ stealth technology to basically make the tower look less like a cell tower and look more 24 like some other structure that you would find in a city. And so, what staff is looking to find is, you know, 25 how could a silo…how could this tower look more like a silo? So, this is a site, actually, on Vine Drive 26 almost to I-25; it’s by the Water Glen neighborhood, it’s on the south side of Vine. This silo is between 27 about 42 and 45 feet based off of our measurements. And there’s another silo, actually…this is, I believe, 28 between Timberline and Lemay on Vine, on the north side of Vine. And it’s a similarly tall silo as well; 29 it’s probably between, you know, 40 and 50 feet. But something that staff would like to draw your 30 attention to is that these…these silos are next to other out buildings. You know, these silos would need to 31 be next to other out buildings in order for the farmer to process whatever they are putting in the silo. And 32 so, really a key component of the silo meeting the stealth technology requirements is that it appears 33 integral to the site. And so, that’s why staff is recommending the two conditions of approval of a 45-foot 34 tall silo, and that it be located closer to other out buildings further north on the site. This would make the 35 silo appear more like the other silos in this part of the city, and also, too, would make the silo appear 36 integral to the site. And so, staff is recommending those two conditions of approval as part of this 37 addition of permitted use criterion. 38 So, won’t repeat this slide, but this is the criterion that deals with minimizing negative impacts. 39 So, the proposed silo would have no greater impact than a lot of the other permitted uses in the zone 40 district. It’s not going to produce any excessive noise. Really the main consideration is the design which 41 is covered by the other criteria, so staff finds that the proposal meets criterion four. 42 Criterion five talks about whether or not the use will change the predominant character of the 43 surrounding area. It’s important to keep in mind that this one silo probably won’t change the overall 19.2 Packet Pg. 239 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 8 1 residential feel of the area; just as the other silos along Vine don’t define the character of those areas 2 either, neither will this cell tower. So, staff finds that the proposal meets criterion five. 3 Criterion six deals with the compatibility of the use with the other listed permitted uses in the 4 zone district. Since wireless telecommunications equipment is allowed, staff finds that this use is similar 5 from a use perspective. Again, it comes down to design. So, as long as the conditions of approval are 6 met, staff finds that the proposal meets criterion number six. 7 Criterion seven deals with the two neighborhood meeting requirement since it’s in a residential 8 zone district. So, staff held the first neighborhood meeting March 30th, 2016, and this was before the 9 applicant had formally submitted a development application with the City, which is in accordance with 10 the standard. And then the second neighborhood meeting for this Code standard also had to be held after 11 at least one round of review for a project development plan, and so staff held the second neighborhood 12 meeting May 17th of 2017, and this was after the first round of review. So, staff finds that the proposal 13 meets criterion seven. 14 And then criterion eight just says that such use cannot be a medical marijuana business or a retail 15 marijuana business, and this is not either one of those uses, so staff finds that the proposal meets criterion 16 eight as well. 17 And so, the Article III standards deal mainly with design and screening and access. And so, by 18 providing the six-foot privacy fence, the applicant is screening all of the ground equipment in accordance 19 with the standard. The design, from staff’s perspective, as long as the conditions of approval are met, 20 then the design would meet the standards found in Article III. And the applicant is also proposing access 21 that is in accordance with the standard as well. 22 So, staff finds that, so long as the conditions of approval are met in Section 1.3.4 of the Code, that 23 the proposal complies with Article I of the Land Use Code and that the proposal also complies with all 24 relevant standards in Articles II, III, and IV, so long as these conditions of approval are met. And so, staff 25 recommends that the Planning and Zoning Board recommend to City Council approval of the Long Pond 26 Wireless Telecommunications Facility and Addition of Permitted Use subject to the following condition: 27 that the applicant reduce the height of the proposed wireless telecommunications to 45 feet or less, and 28 that it be moved further north to be closer to other out buildings and appear more integral to the site. And 29 that concludes staff’s presentation. 30 VICE CHAIR HANSEN: Thank you Clay. Does the Board have any questions for…clarifying 31 questions for the staff or the applicant? Jennifer? 32 BOARDMEMBER JENNIFER CARPENTER: On criterion five, Clay, which makes sense to me 33 that it needs to fit in with the area. What happens when this piece redevelops? Because it is in kind of a 34 prime redevelopment place, and at some point, we’re going to have a silo in the middle of a neighborhood 35 rather than by a farm…by farm buildings. Do they have to change it at that point, or what happens? 36 MR. FRICKEY: Potentially, they would have to change it at that point. Well, it would depend on 37 the approval made by the Board, and that’s up to the Board to decide. Because, potentially, you are right, 38 it could redevelop at some point and there would be a silo next to a neighborhood. And so, that’s 39 something for the Board to consider when making a motion for approval or denial, or whatever the 40 motion the Planning and Zoning Board makes. 19.2 Packet Pg. 240 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 9 1 BOARDMEMBER CARPENTER: So, it would come in with an ODP, or whatever with that in it 2 that changes would have to be made, or not? 3 MR. FRICKEY: I think that staff would have to approach it at that time; I mean, it’s tough to say 4 since we don’t have an application in front of us, but that’s something that staff would have to consider 5 then. 6 BOARDMEMBER CARPENTER: Okay, thank you. 7 VICE CHAIR HANSEN: Jeff…I’m sorry, Mike? 8 BOARDMEMBER MICHAEL HOBBS: A follow-up question to that…what’s the status of the 9 land, or the farm, that this is being proposed on? Is it owned by Atlas? Is it owner-occupied and being 10 potentially leased to Atlas? Are the buildings occupied and used, including the out buildings? Are they 11 maintained and is there any reason to think that they will be maintained? 12 MR. FRICKEY: So, it is an owner-occupied parcel. The owners, I believe, are in the room. So, 13 I’ll defer to them to answer questions about how the property is used. But, yes, Atlas Tower is leasing a 14 portion of the property from the owner. 15 VICE CHAIR HANSEN: I have a couple questions. Was there any comparisons done…we’ve 16 seen a visualization of the tower…that’s representing a 60-foot tower? Or, 60-foot silo, I assume. Is 17 that…we saw a slide that showed potentially what this would look like. That was representing the 60- 18 foot silo? Is that correct? 19 MR. FRICKEY: Correct. 20 VICE CHAIR HANSEN: Okay, do we have anything that shows it at 45-feet as staff… 21 MR. FRICKEY: Staff does not have that, no. 22 VICE CHAIR HANSEN: Okay, thanks. And, do we know what the material on the outside of the 23 silo is going to be? It kind of looked bright and shiny as opposed to old and weathered like the other silos 24 in the area. Yeah, can you come to the microphone? 25 MR. BRADTKE: It’s a fiberglass material sheathing that they use, but they can…they can 26 actually go up to an existing silo and, you know, make it look exactly like another silo that’s on, you 27 know, that exists in the area. So, they kind of paint it, and checker it, and do all that kind of design. They 28 can make faux brick, you know, they do chimneys and all that kind of stuff. So, we can, you know, 29 basically make it look how it needs to look. 30 VICE CHAIR HANSEN: Okay, and the fiberglass is used because it’s transparent to the signal? 31 MR. BRADTKE: It doesn’t affect the signal, yeah, exactly. 32 VICE CHAIR HANSEN: Okay, but there is the ability to camouflage it to look more like an older 33 silo, correct? 34 MR. BRADTKE: Yeah, you can paint it and stuff, yeah. 19.2 Packet Pg. 241 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 10 1 VICE CHAIR HANSEN: Okay, thanks. Any other questions from the Board for staff or the 2 applicant? Okay… 3 ASSISTANT CITY ATTORNEY BRAD YATABE: Mr. Chair, before you go into public 4 comment, I did want to just remind the Board, for the Board’s sake and for the public, that the Federal 5 Telecommunications Act, Section 332(C)(7)(b)(iv) states that the City is prohibited from regulating the 6 placement, construction, and modification of personal wireless service facilities on the basis of the 7 environmental effects of radio frequency emissions to the extent that such facilities comply with the 8 Commission’s regulations concerning such emissions. In essence, what that’s saying is you’re precluded 9 from taking into account the potential health effects of radio frequencies that may or may not come from 10 the proposed tower, so long as it complies with the Commission’s regulations regarding those emissions. 11 VICE CHAIR HANSEN: Thank you Brad; yeah, something to remind the Board to keep in 12 mind…I think we’re ready to hear from the citizen input. Can I get a show of hands of how many people 13 may want to be providing testimony? That’s not too many. Let’s give you each three minutes a piece. 14 Would like to make this go as quickly as possible, so if you can form two lines at each podium, sign in on 15 the paper that’s on there, and state your name and address before you begin to speak. 16 MS. NANCY EASON: It takes a while to sign in. 17 VICE CHAIR HANSEN: Yeah, that’s part of why we suggest the two lines, you can have one 18 person signing in while somebody is speaking. 19 MS. EASON: Okay…I actually…well, first of all, my name is Nancy Eason, and I live at 1909 20 Turnberry Road, which is right across the street. So, I’m actually in the County. And I represent a group 21 of people, a number of neighbors in my neighborhood, and I was wondering if I could have more than 22 three minutes? Would that be possible? 23 VICE CHAIR HANSEN: How many people do you think you’re representing? 24 MS. EASON: Could we have a show of hands of the people that…and I have a mailing list of 35, 25 so, if that matters. 26 VICE CHAIR HANSEN: Okay, do you think you can fit your presentation into ten minutes? 27 MS. EASON: Yes. 28 VICE CHAIR HANSEN: Okay. 29 MS. EASON: I do have a statement that I’d like to give you. 30 VICE CHAIR HANSEN: Okay, you can give that to Clay and he’ll get it…make sure we see it. 31 Okay. Can you give…make sure she has ten minutes? 32 MS. EASON: Thank you. 33 VICE CHAIR HANSEN: Yeah, thank you. 19.2 Packet Pg. 242 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 11 1 MS. EASON: Again, thank you to the Board and the City staff for your work. I have particularly 2 been pleased…or all of us…with the work of the planner, Clay Frickey, and his responsiveness and his 3 professionalism on this issue. So, we appreciate that. Again, I’m speaking on behalf of a group of 4 neighbors who live within a quarter mile of this proposed tower. We understand that cell reception is 5 terrible in our part of town; that’s not an exaggeration. It is very bad; the need is great. So, we are not 6 here to oppose or deny coverage to anyone. We all have cell phones and use them. But…is to question 7 some aspects of the APU process and whether or not this is the best location, or an appropriate location. 8 Our first concern is that this project, if approved…if this cell tower is approved, it would set a precedent 9 for the city. To my knowledge, there are no cell towers currently in residential zones. So, this would be 10 the first time that this would be allowed. I believe that’s correct, Clay? (**Secretary’s Note: Some 11 inaudible comments here) Maybe he can clarify, but that is my understanding. 12 So, if that’s true, the Board needs to think carefully about what you do in this case, because you 13 could be setting a precedent for other neighborhoods. And as you are well aware, whenever a cell tower 14 is proposed for a neighborhood, there’s usually a lot of protest. Do we want to open this can of worms to 15 other areas of the city? And, also, in setting this precedent, its very important that we need to make sure 16 that due process…well, let me say that differently…that Atlas Tower and Verizon have proven that they 17 use due diligence in looking at all the possible sites. 18 Which brings me to point two. During the neighborhood review meetings, there was a lot of 19 descent; it was not pleasant. A lot of questions asked of Atlas and Verizon and many of those questions 20 were not answered to our satisfaction. We asked for an RF engineer to be present; I understand there is 21 one tonight, but they were not there at those other meetings. So, we weren’t able to get those questions 22 answered. I understand that you do not rule on that kind of…you know, you’re here just to look at the 23 Land Use Code. I’m just giving you some history as to why we pose this. And to show that we don’t feel 24 due diligence was done. 25 Also…when Atlas would talk to us about the possible land owners, they said we could not find a 26 lease with anyone else, no one else was willing. But then, when we talked to some of those land owners 27 privately, we found that there was a little different spin on it. So, we’re not sure what the straight story is 28 on some of that. 29 Number three, the City…as you know there’s a micro tower issue being worked on, because 30 that’s kind of the way of the future with wireless. And, it’s unfortunate that the placement of these towers 31 is not treated more like a public utility, because that’s really what it should be. However, we’re all stuck 32 with this awkward process so that we in the public do not always understand why a tower or an antenna is 33 going where it goes. And it causes a lot of upset, as I mentioned earlier. So what we’re urging is that the 34 City, before using the APU process to approve a tower in a neighborhood where it’s never been done 35 before, a zone where it’s never been done before, that the City make sure it has a really clearly thought 36 out policy regarding its future build out of this infrastructure. We believe that outside help, expert help, 37 from consultants would be helpful in this case…possibly someone like Center for Municipal Solutions, 38 and there may be other organizations like this that could serve the City and help them make sure they’re 39 really thinking about all the implications when placing these facilities. 40 We believe that allowing the erection of cell towers in established residential neighborhoods 41 creates a hardship for those who live nearby because they may not have chosen to live there if they’d 42 known a tower could go up in that neighborhood. With current zoning, there is no worries [sic], we’re 43 fine. We all understand that such facilities are not allowed. But if this APU is approved, such projects 19.2 Packet Pg. 243 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 12 1 could automatically become possible in other similar zones. So, we therefore strongly urge the Board to 2 not recommend this APU and to not approve this project due to the precedent it will set for the rest of the 3 city. 4 I’ve already had a show of hands of those who support this statement, and I know there are many 5 others; we’ll hope to have more at the City Council meeting. We understand it is your role to interpret 6 and make judgements on the Fort Collins Land Use Code; therefore, we’re trying to keep our statements 7 to that point. However, in the packet there are some other questions and concerns listed for your perusal 8 later if you wish. I do have one question for City staff regarding criteria [sic] four. I’m just going to 9 quote part of it; it states that such use does not create adverse effect on public health, and I think safety is 10 the next word. But the question I have is, federal law precludes the City from evaluating the health 11 effects of RF emissions, and that’s no fault of the City; that’s a federal law. We personally would like to 12 see a note added to the documentation that indicates that that part of the Code’s requirement was not…or 13 was omitted with respect to RF radiation health effects. I hope that’s making sense to you. In other 14 words, the criteria says that public health was looked at; we believe this one aspect of it was not…you 15 couldn’t, and we would just like that clarified. 16 That really concludes my statements. I think my husband is going to talk…going to raise some 17 RF questions…apologize for doing that at this meeting, but because the RF engineer was not provided 18 earlier, we feel we need to do that tonight, so I’m sorry to have to take your time with that. Thank you. 19 VICE CHAIR HANSEN: Thank you. Could we have the next…? Mam? 20 MS. TANYA ANDREAS: I’m not signed in yet…okay. I’m Tanya Andreas; I live on the 21 actually working farm immediately south of the property where this tower is proposed. And I feel like, in 22 terms of distance, in terms of visibility, all of that sort of thing, my property is probably the most affected. 23 And I guess…I certainly agree with what Nancy had to say, and we have sent in our comments. There’s 24 just a couple of things that I would like to say that may or may not be in the purview of this Board, but 25 one is, I understand that in this process that a tower goes through with the City, there’s a 90-day clock, 26 and maybe this is a City Planner question…there’s a 90-day clock from the time the completed 27 application comes in until the approval or disapproval by the City Council. However, I would like to say 28 that a process that’s already been going on 18 months or more is really, really arduous and difficult for 29 people in the neighborhood to be dealing with. It’s exhausting, it’s wearing, it’s worrisome, it’s…how do 30 I look at what do I do with my property because I don’t know? And I think it’s reasonable to assume that 31 from, maybe the first meeting, there might be a certain period of time until the second meeting, and then a 32 certain period of time until the Planning and Zoning meeting where we are, and then a certain period of 33 time before the City Council makes their decision. This is going to be an almost two year process, and 34 it’s really difficult for neighbors to deal with. 35 The second thing that I would like to expand on a bit, from what Nancy said, is that, like 36 statistics, there’s many, many, many ways to present information. And, I would really feel better about 37 this project if I had third-party, not employed by Verizon or Atlas, but third-party RF engineers speaking 38 to the location, the height, the necessity for this, could this be done in a different way and provide the 39 coverage. I would feel much better about that, and I know that there are companies that provide that, and 40 I would really like to encourage the City to consider contracting or engaging those companies in this, 41 because I think the potential for much better decisions to be made that would still provide the coverage 42 that everyone needs and wants, could be better facilitated. Thank you; with that, I will cease and desist. 19.2 Packet Pg. 244 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 13 1 VICE CHAIR HANSEN: Thank you, mam. Next speaker? 2 MS. MARILYN ANDERSON: I’m Marilyn Anderson; I live at 1935 Sherell Drive, it’s within a 3 quarter mile of the proposed cell tower location. I’ve lived there for 28 years. I would like to say I am 4 opposed to that location for this cell tower. I think the silo is a huge, monstrous design that will 5 overpower the neighborhood which is residential, open, country feel. The property that it’s on has not 6 been a working farm; it doesn’t really have outbuildings like a barn. There’s a small low building that has 7 been renovated and looks very nice actually, but if you were driving past…if I were driving past, I would 8 not identify this as a farm at all. Therefore, I think it’s not necessary to move the cell tower closer to the 9 quote outbuildings, because the outbuildings don’t really look like a farm to begin with. I think it would 10 be better for the residents of the neighborhoods close by to have the tower, if it’s going to be there, to 11 have it be as far away from the road as possible. 12 Secondly, I’d like to say I feel this use is not in character with the neighborhood. I feel it will 13 decrease our property values. I know that may not be something you are allowed to consider, but I bring 14 it up because zoning…people buy their houses based on the zoning and what’s going to be happening 15 there, and what kind of businesses may be there, and what kind of use there is. And, the zoning affects 16 our property values. I believe this project will affect the property values, negatively, and that hurts me a 17 lot. I’m a senior citizen and I depend on my house as my major asset. I also just do not think it’s…this 18 large silo building and cell tower proposal is in agreement with the use of the neighborhood and the 19 character of the neighborhood. 20 VICE CHAIR HANSEN: Thank you. Mam…? 21 MS. DEBBIE COREY: My name is Debbie Corey and I also live within a quarter mile of where 22 the site is, and I have questions for Atlas that I’d like to have answered. The first one I’d like to know is 23 who’s responsible to disassemble the tower if it should become obsolete in the future? I also would like 24 to know, if this is approved, do you have any idea of when this tower will be built? In the event…in the 25 adverse health efforts that we’ve linked to cell tower radiation, in the future, certainly what we saw in the 26 tobacco industry, would there be liability…the carriers, the tower company, or the property owners in this 27 event? Also, why does the telecom industry refer to the possibility of increasing liability issues in its 28 statements to their stockholders? 29 I also would like to add a personal note. I have grandchildren that love going across the street to 30 Tanya’s farm, the working farm that is located near this site. The site is not a farm, but next door to it, 31 there is a working farm, and children are invited over there often to come and pet the llamas and see the 32 chickens, and my grandchildren love going over there, it’s safe. My concern, because so many children 33 love going over to Tanya’s farm, is if we put up a silo and we put up outbuildings that resemble a farm 34 that is not in that location, will our children…will we need to worry? Will there need to be signage 35 saying this is a dangerous area? Children should not come over here. That is my concern as a 36 grandmother, especially since this has been established area with Tanya’s farm being very children- 37 friendly. 38 VICE CHAIR HANSEN: Thank you. Sir? 39 MR. JIM MILES: Good evening ladies and gentlemen; my name is Jim Miles. I’m a resident of 40 the Hearthfire subdivision which is to the northeast of the proposed cell tower location. My wife and I 41 moved here just a little over two years ago from a very small community of 5,000 people in northern 19.2 Packet Pg. 245 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 14 1 Michigan, in the woods of northern Michigan. And, at the time, we got frustrated with all the robo-calls 2 and the telemarketers and everything, so we ended up cutting the cord. One of the enablers for being able 3 to cut the cord was the fact that my cell phone would work in the woods of northern Michigan. So, 4 imagine my chagrin when I moved in to my house here in Fort Collins, and on the day of move in, I pick 5 up my phone to make a call…I can’t make a call. I can make a call, then it drops. Then I have people…I 6 can’t hear you, you’re breaking up, you’re blah, blah, blah. So, I go to my friendly Verizon store, I say, 7 hey, what the heck is wrong with my phone? It worked fine in Michigan…maybe you’ve got to 8 reprogram it or something. They said, well, where do you live? I said, well, I live in northeast Fort 9 Collins, Hearthfire sub. Oh, well, that’s the problem. We’ve got crappy cell phone reception out there. 10 We can solve the problem for you; we’re going to sell you a little cell phone signal booster. And so, 11 that’s what I’ve lived with now for the last couple of years. 12 My point of telling this story is this: we moved out here…this community is a very progressive, 13 forward-thinking community. We’ve got a major university, we’ve got major hospitals, a huge city 14 government, police and fire, a hundred and sixty some thousand people, and we’re talking about putting 15 in a cell tower? Now I know you folks don’t provide the infrastructure; that’s Verizon, AT&T, and 16 everybody else. But, I have to say, for such a progressive city…and by the way, northeast Fort Collins is 17 probably the fastest growing part of the city. And, as we talk about build out within the next ten years, 18 that’s probably going to be where most of the development is going to come. As a matter of fact, you 19 know, we have Water’s Edge going in up there, we have another development at the corner of Douglas 20 and Turnberry. And so, this residential farm land community that these folks are describing is a picture 21 that exists today, but that’s not going to exist in five years. And so, by the way, we just announced the 22 iPhone X…ten years the iPhone has been out. And so, the whole moral of the discussion here from my 23 perspective is this: we’ve got to keep pace with the technology as it’s developing, and not stymy it. And, 24 yes, we’re going to have development. And yes, people are going to want to use their cell phones. And, 25 yes, they’re going to want to use more data. We’ve got to support that. In order to make our city…meet 26 our city’s objectives that’s been outlined in the City Plan. So, I strongly support…we put this thing in, 27 and I’m kind of disappointed it’s only going to be 45 feet; I wish it was 60. Thank you. 28 VICE CHAIR HANSEN: Thank you sir. This side? Thank you. 29 MR. DON EASON: Good evening, my name is Don Eason; I live at 1909 Turnberry Road, which 30 is right across the street from the property where the cell tower is going to be going, so within a few 31 hundred feet of the facility. Frankly, the concern of a lot of us, and you can’t address it, and we 32 understand that, is safety. The federal government has set limits that said, okay, as long as the radiated 33 power is below a certain level, we think it’s safe. And so, you can’t do anything about it. So, my 34 concerns, and unfortunately not directly related to Planning and Zoning, but related to the RF engineering 35 questions that we couldn’t get answered before, have to do with the allowed use and the safety of the 36 allowed…I’m sorry, yeah, the safety of the…how do I put this…as long as a facility is broadcasting, 37 transmitting within federal guidelines, how is…how are those guidelines being enforced? How is the 38 facility being tuned, set up, checked? What do the power densities mean? Are they measured at the 39 tower? Are they measured at all points that the tower covers? Are they cumulative? If you put in three 40 carriers, is it this much wattage allowed for each carrier or is it totaled? How is that checked? Who 41 enforces it, et cetera? How can we be assured that this facility, or any other facility in Fort Collins…I 42 think this is a broad question that the entire city should be concerned about. How do we know that these 43 facilities are complying with the federal rules? As far as I know, the City doesn’t check. I’m certain the 44 FCC doesn’t check. It’s basically up to the cell tower companies and providers to assure that they are 19.2 Packet Pg. 246 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 15 1 staying within regulations. And, as far as I know, if they don’t decide to check, there’s nobody else doing 2 it. So, that’s the questions that I have, is, how do we know that they’re doing what they’re supposed to do 3 so that we are within the safety guidelines that the federal government has set? Thank you. 4 VICE CHAIR HANSEN: Thank you sir. We have one person left, or two? Go ahead sir. 5 MR. TED WOLFE: Ted Wolfe, 2120 Sherwood Forest Court. And, Jennifer, you asked the 6 question. I can answer part of that. In the two years since this process started, we had 78 new homes go 7 in just to the east side of us, and I can drive a golf ball from my deck to this tower. That’s my concern. I 8 think there are better locations. I think Atlas refused to accept that because of cost. This is a high-valued 9 location, you can set right up on top of a hill there. They would have to go someplace else lower and 10 build a higher tower, and they don’t want to do that. That’s the bottom line. At our last meeting, Atlas 11 flat out told us, it’s going in, you can’t stop it, so eat it. As a resident in the area, excuse my French, but 12 I’m a little ticked off about that. I think you people are making the decision…and City staff did a great 13 job of putting this together, but they don’t live there. They don’t have to go out in the morning and eat 14 breakfast and look at this stupid tower on a piece of property that is not an operating farm. It is nothing 15 more than a beautiful home, and they have a beautiful home there, and the rest of the place is a bunch of 16 junk. I’m sorry, but it is. Putting a tower in there is not going to address that and make it any better than 17 anything else. And I understand, and I realize, we need to have more telecommunications. There’s no 18 question about that. I have Verizon and I have excellent service. And, as I said, I can hit a golf ball from 19 my deck to this tower, and I have excellent service. However, I understand people to the north do not 20 have that. But, by the same token, I think there comes a point at which you have to realize, as a 21 homeowner, I have a land line as a primary consideration because of my age. I think that if I need to have 22 communications, I have a land line for that purpose. I’ve had Verizon as a carrier for my internet service, 23 and quite frankly, they stink, that’s why I don’t have them anymore. And I don’t think putting a tower in 24 is going to engulf that any better for communications. I think they could find a better spot and a better 25 location for it. 26 VICE CHAIR HANSEN: Thank you sir. Go ahead. 27 MR. KEVIN FORBES: My name is Kevin Forbes; I’m the son of…my parents own the property 28 where the cell tower is going to go up. And, briefly, since this has already been brought up…we’ve been 29 contacted by many people, many neighbors from the Maple Hill subdivision as well as the Richard’s Lake 30 subdivision that have voiced concerns that they can’t get good cell reception. I think that’s pretty much 31 been established. From our balcony, we’ve seen people pull over on Turnberry to finish their calls before 32 they pull into the Richard’s Lake subdivision, just so it doesn’t get dropped. 33 To answer, I believe your question, about the buildings, the outbuildings…they’re all being used, 34 they’re all maintained. It is…and I should state this, because I don’t think it’s been brought up, this is a 35 single-family, single-dwelling unit on 8 acres. It’s not low-density residential. That was instigated on 36 this property, not with the permission of my parents. They bought it; it was estate home at that time. And 37 then, since then, it was rezoned to low-density residential. A lot of people have said that it’s not a 38 working farm, but it has been in the past, and it can be again. In fact, the reason that Tanya is allowed to 39 use her…and I should say that this…her piece of property was my parent’s property at first. And, when 40 they sold it to her, she was allowed to use the property for large animals only because of the farm that my 41 parents had…also have that same use. 19.2 Packet Pg. 247 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 16 1 We…I just believe that Dallas, or excuse me, Atlas Tower has done their due diligence. And, as 2 far as setting precedence, I believe precedence is set…I mean, this is a variance. So, it’s a case by case 3 review. Is that not correct? Clay? 4 MR. FRICKEY: We’ll address that after all the comments. 5 MR. FORBES: And, as far as due diligence, they have done an extremely good job of showing 6 what the silo is going to look like on the property, where it’s going to sit, the coverage, and what not. 7 So…and I’d just like to conclude by saying this: this site really does work quite well. And, on a farm, the 8 silo is actually going to be right behind the potato barn. It’ll be fairly close to the other barn, and so it 9 will look just exactly like they want it to, and that’s going to be a silo. 10 VICE CHAIR HANSEN: Thank you sir. Any other citizens who would like to provide testimony 11 on this item? Seeing none, I’ll close the citizen participation part of this item. Does staff or the applicant 12 have any responses to the questions posed by the citizens? 13 MR. FRICKEY: Sure, I’ll try and address some of the questions that were raised by some of the 14 community members. So, to talk about due diligence and leasing, and you know, did Atlas Tower contact 15 these property owners or do their due diligence to find a lease elsewhere. Staff did come into direct 16 contact with Fort Collins Country Club and discussed this with them, and received an email from the 17 Country Club saying that there were negotiations for a lease, but they fell apart. And that was included as 18 part of the Planning and Zoning Board packet and materials. Anheuser-Busch InBev…I never did get a 19 response from Anheuser-Busch InBev. I did exchange emails with a couple of folks in facilities, but it’s 20 unclear as to who is making decisions on behalf of Anheuser-Busch InBev, so that was an open question 21 for staff. 22 To talk a little bit more about…let’s see here…we’ll talk about the precedent issue because that 23 was brought up by several folks. I mean, from a legal perspective, sure, it’s not setting a precedent, 24 because, yes, each Addition of Permitted Use application is a unique case, and so, therefore, the decision 25 is made on a case-by-case basis. You know, I’d have to ask the folks in the audience to clarify further 26 what they meant by precedent, but I would imagine what it means is that, you know, is this going to color 27 the decision making of this Board or City Council in the future, and I think that was the concern. But, 28 from a legal perspective, no, it is a case-by-case basis for Addition of Permitted Use applications. 29 With respect to the shot clock, I believe the legislation works that once an application is 30 complete, then the City has 90 days to make a decision based on that application, and this application was 31 just recently complete, and we got it to the next Planning and Zoning Board hearing that we could. 32 And then, to talk a little bit about the working farm issue, I think the issue that we’re running into 33 here is that we have to analyze the facts as they exist and analyze the context as it exists now. It’s 34 difficult to look into a crystal ball and understand, what is the city going to look like in 20 years. I mean, 35 it’s tough to say. And so, I think that, with any of these applications, it’s challenging because we have an 36 existing context that we have to analyze, and so that is what formed the basis of staff’s recommendations 37 and the staff report presented to the Board this evening. 38 I think that sums up my responses, but I may have missed something so please feel free to ask any 39 questions for further clarification. 19.2 Packet Pg. 248 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 17 1 VICE CHAIR HANSEN: I have a couple other questions I was able to capture and write down. 2 Are there any other residential areas with telecommunications facilities? 3 MR. FRICKEY: So, this map is a map that I made that has all of the cell towers that have been 4 approved by the City of Fort Collins since 1996. Now, this doesn’t have zoning on it. I can tell you that 5 the vast majority of these facilities are in commercial areas or public open lands, places like that. I 6 personally am not aware of any cell towers in a residential zone, but that’s something that I would have 7 to…I’d have to make a new map to make 100% certain. But, this would be the first Addition of 8 Permitted Use that has…this is actually the first Addition of Permitted Use that has gone through the new 9 Addition of Permitted Use process. And so, from that perspective, this is the first application that the City 10 has received for a cell tower in a residential zone. But, would it be the only one in the city? I couldn’t 11 say for certain right now. 12 VICE CHAIR HANSEN: Okay, thank you Clay. Does the City do any third-party consulting on 13 review of the…I know you provided some data that you had done some research on coverage, but is there 14 any other consulting done to consider the height and placement of the tower specifically? 15 MR. FRICKEY: So, there are third parties that do these sorts of services for municipalities. I 16 personally contacted one of these, the Center for Municipal Solutions, and we had some discussions with 17 them, but haven’t come to an agreement or anything like there, and there’s no deal imminent to work with 18 that group for analyzing cell tower proposals. There’s a lot of things that that particular outfit does, I 19 mean they actually provide code for the City to implement and then they actually analyze the applications 20 for the City. And so, they tend to want to use the code that they have in place so that way they can 21 actually analyze the applications. 22 Now, in terms of monitoring the RF after the fact, that’s also something that the City has looked 23 into to see what the cost would be. So, there’s a little over a hundred cell facilities throughout the city of 24 Fort Collins right now. And we contacted a third party to see what it would cost to monitor all of these 25 towers once to see what the one-off cost would be to see how much RF these facilities are putting out, and 26 it would be over $100,000, one-time fee, to do that. So, on an on-going basis, it would be expensive. 27 But, it’s something that we have discussed internally, but we haven’t put forth a budget offer or anything 28 like that for those services yet. 29 VICE CHAIR HANSEN: Okay, thank you Clay. A couple more questions I think that haven’t 30 been addressed yet that might be better addressed by Ken, or your team…the applicant team. What 31 considerations were made for the specific location on the site? You have a spot you’ve picked. You 32 talked about a location on the north that didn’t work out because of retention ponds and that sort of thing, 33 and there’s discussion about placing it closer to buildings…what kind of drove…driving factors to 34 locate…now? 35 MR. BRADTKE: Yeah, several things. We want to make sure we can meet the required setbacks 36 from property lines. We like to be far away from road frontages and landlord preference. And so, you 37 know, there is aesthetic considerations that go into that too, but, you know, those are usually the items we 38 look at when we’re siting. 39 VICE CHAIR HANSEN: If the tower were to become not needed or abandoned in the future, 40 what would be the status of that? What would happen to it? 19.2 Packet Pg. 249 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 18 1 MR. BRADTKE: I’m not sure if our particular lease has this in there, but Atlas, I’m assuming, 2 would bear the responsibility of dismantling and repairing the ground to its condition as it existed before, 3 reasonable wear and tear excepted. 4 VICE CHAIR HANSEN: So, that would be a term in the lease agreement as opposed to 5 something in the approved use? Is that correct? 6 MR. BRADTKE: Yeah, I mean, I think that’s maybe a question for Clay. I know some 7 municipalities have that specifically in their code, that if it’s deemed abandoned, within so many days we 8 have to remove it. I don’t know if that’s in Fort Collins’ Code, but typically it’s the tower company’s 9 responsibility. 10 VICE CHAIR HANSEN: My guess it would be more likely in City ordinance rather than a Land 11 Use Code item. 12 MR. FRICKEY: So, the Code is silent on that. 13 VICE CHAIR HANSEN: Okay. 14 MR. BRADTKE: Yeah, it could be a condition of approval also. 15 VICE CHAIR HANSEN: Okay. There was a question about the timing of construction. 16 MR. BRADTKE: Yeah, so we would basically go through the rest of the development process, 17 the building permit review, and then, you know, start construction pretty much immediately thereafter. 18 So, probably early 2018 would be my guess to get through all that stuff. 19 VICE CHAIR HANSEN: Okay, and the last one I have is in regard to security about the…your 20 facilities specifically. You’ve mentioned a fence. Clay talked about it being...it sounded like your 21 primary concern was screening the equipment around the tower. Does it have a security function as well? 22 MR. BRADTKE: Typically, we do a security fence. I don’t think that’s allowed in Fort Collins, 23 to have the sort of barbed wiring, so it would just be the fence and then a lock on the gate. There’s 24 different…there’s anti-climbing device on there too. 25 VICE CHAIR HANSEN: Okay, thank you. I think that’s all the questions I was able to capture 26 from the citizen participation. Does the Board have any other questions? 27 BOARDMEMBER RUTH ROLLINS: So, Clay, I have a question. The City owns property 28 directly to the east of this, and why can a cell tower not be located on that? 29 MR. FRICKEY: It’s an administrative policy; the City is not allowing new leases on any City- 30 owned property. And that was included in the materials, I believe, as one of the attachments. 31 BOARDMEMBER ROLLINS: And why is that? 32 MR. FRICKEY: It was mainly due to a…it was a specific proposal in southeast Fort Collins 33 where there was a lot of backlash for a proposed cell tower, and so the City instated that policy as a 34 response. 19.2 Packet Pg. 250 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 19 1 BOARDMEMBER ROLLINS: Okay. 2 BOARDMEMBER MICHAEL HOBBS: I have a follow-up on that. What’s the zoning on that 3 City property? 4 MR. FRICKEY: It’s…right now I believe it’s low-density, mixed-use neighborhood. It’s a site 5 for a park, and our parks are usually zoned public open land, and so it would likely be zoned public open 6 land upon becoming a park. 7 VICE CHAIR HANSEN: Any other questions or…? 8 BOARDMEMBER WILLIAM WHITLEY: I’d like to know why negotiations fell through with 9 Fort Collins Country Club and with Anheuser-Busch? 10 MR. MICHAEL POWERS: Good evening, my name is Michael Powers and I also work for Atlas 11 Tower. There’s also another gentleman here who works with Centerline Solutions, Greg DeBona, and 12 we, collectively, and a few others as well, have negotiated, or attempted to negotiate leases for this 13 particular known deficit for the network for probably starting…going back as far as 2014. So, I can speak 14 specifically to conversations that I’ve had with specific land owners. I think Greg could also speak 15 specifically on certain land owners as well. But I can say in all honesty, we have left no stone unturned. 16 And so, specifically, I think your question was related to the golf course and also to Anheuser- 17 Busch. Anheuser-Busch has received written communications from us in terms of proposals sent by 18 FedEx with return receipt mailings, which were returned undelivered. We have made very many phone 19 calls. I have tried to actually meet in person with individuals there. We have contacted the headquarters. 20 This is an effort that’s been ongoing for a really long time. And so, all I can say is we tried very hard to 21 work with that land owner, and we have failed. It is not by lack of effort did we not enter into any kind of 22 negotiations. They simply don’t want to talk to us, and that was crystal clear after more than a year of 23 attempts to try to work with them. 24 With the Country Club, the dynamic was a little bit different. Back in 2014 when I started 25 looking at this site, I was told emphatically, and literally laughed at, at the possibility of building a tower 26 in that area. And, I think the practical assumption was that it would never get approved, it would be 27 viewed negatively by not only the golf course but also the homeowners that had purchased parcels which 28 are somewhat intermingled in terms of their co-existence, if you will. And I was never able to actually 29 get to the table, so to speak, to even consider a negotiation of any sort. It was pretty much like, you 30 know, when you’re trying to knock on a door to sell a homeowner something and the door is slammed in 31 your face. Fast forward a bit to, maybe 2016, Greg DeBona who’s here with Centerline Solutions…I 32 know he initiated some discussions with the golf course staff. And…executive team, I’m not sure how to 33 refer to them. There were some ongoing discussions, but they were never able to reach an agreement 34 about where, what, how, how much…I was not a first person party to those conversations, but there were 35 many meetings, conversations, telephone calls, and emails, and they weren’t able to reach an agreement. 36 We…Atlas, simultaneous, sort of, to Centerline’s attempts to get a lease with the golf 37 course…because we had failed and moved on, Atlas. We started talking to the existing landlord that 38 we’re talking about now. And I know that when we submitted our application, your planning staff 39 reached out to try to confirm what we were saying was true. And I believe planning staff contacted a 40 facilities manager, and I can’t recall his name right now, but I could look it up for you. And he gave a 19.2 Packet Pg. 251 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 20 1 more ambiguous response which was, yeah, we could be interested in that. And, because of that, Mr. 2 Frickey asked us to go back and, basically show, that we had made good faith effort and some to get that 3 done. So, I went back to the golf course folks. First, I talked to the facilities manager, because I was 4 quite confused why suddenly after all this failed negotiation, he was saying they were interested. I 5 eventually was able to speak to the…I guess his title is the CEO, or the President. And we entered into a 6 brief conversation. Some of the specifics of the past conversations were sort of re-treaded, so to speak. 7 And then I got an email about a week later, which was forwarded to staff, from the President stating they 8 were not interested in continuing the conversation; they weren’t interested in the project. I mean, I can 9 speculate why. I think there were multiple components for the reason why they weren’t interested in it, 10 but I can tell you emphatically that we worked very hard to create that as a possible location, and we did 11 not fail for lack of effort. And we can’t make landlords work with us if they don’t want to. So, to those 12 specific parcels, that’s the best narrative I can give you at this time. 13 BOARDMEMBER WHITLEY: That’s exactly what I wanted to hear, thank you. It sounds like it 14 did not involve negotiating breaking down because of money, it sounds like it broke down because of lack 15 of interest, or negative interest, on their parts. 16 Now, is it fair to assume that…what I heard you say was that Anheuser-Busch never got back to 17 you and you never spoke with anyone there? 18 MR. POWERS: Yeah, they very clearly received information from us in an attempt to start a 19 conversation, and I never received a response. It was a wall of silence; they were not interested. 20 BOARDMEMBER WHITLEY: Thank you very much. 21 VICE CHAIR HANSEN: Ruth, do you have a question? 22 BOARDMEMBER ROLLINS: So, Clay, in this whole northeast area, is everything up there 23 going to be zoned residential? I mean, are we going to be facing this fact period? 24 MR. FRICKEY: By enlarge…that’s what that…I’ll go back to that zoning map from earlier. So, 25 I showed a map during the presentation that is a simplified version of our Structure Plan map, because a 26 lot of the property in northeast Fort Collins is still in the County. So, most of the property that is west of 27 Turnberry is still in the County. And so, our Structure Plan map is a component of City Plan, and it 28 identifies the proposed zoning that those pieces of property would have upon annexation into the City. 29 Now, the properties that are already in the City, virtually all of them have zoning that wouldn’t allow this 30 use at all. So, the only thing that’s in the City right now that would allow this use that was within the area 31 that the applicant was looking for a lease is the Anheuser-Busch InBev site, and so that’s what’s 32 highlighted in that red square, or rectangle. 33 Then, basically everything else that is on this map is either zoned low-density, mixed-use 34 neighborhood, which doesn’t allow a cell tower…it’s either zoned that or urban estate, which also would 35 not allow a freestanding tower. And virtually all of the land, with the exception of the Fort Collins 36 Country Club, would come in to the City with those zoning designations as well, and thus would not 37 allow a cell tower either. 38 BOARDMEMBER ROLLINS: Thank you. 19.2 Packet Pg. 252 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 21 1 BOARDMEMBER HOBBS: I have a follow-up with that. Clay, I think it would really help if we 2 had a zoomed-out view so we could see some more of the zoning in this area. Do you have that at your 3 disposal by chance? 4 MR. FRICKEY: What I can do is I can pull up our maps application online and do that, if that 5 would be okay with the Board? 6 VICE CHAIR HANSEN: Yeah. That would be very helpful. 7 MR. FRICKEY: So, you’ll just have to bear with me. 8 BOARDMEMBER HOBBS: While you’re doing that, could I…have a question for the RF 9 engineer please. 10 MR. RAM NANDIRAJU: Good evening, my name is Ram Nandiraju, RF engineer with Verizon 11 Wireless. Thank you for the opportunity. There were some great questions raised today, so I’d love to 12 answer them. 13 BOARDMEMBER HOBBS: So, my question is, if…what is the possibility that service to this 14 shadowed area in Fort Collins, in northeast Fort Collins and in the County, could be covered by tall 15 towers, or perhaps taller towers, farther to the north or east from this particular area. What is the 16 maximum radius of coverage that you can have from a 60 or 75-foot cell tower? 17 MR. NANDIRAJU: Sure, so coverage is basically determined by radius factors. Height, 18 obviously the taller it is, the more area it covers. What also plays a role is, you know, trees in the area, 19 clutter, terrain, elevation. If you go dense urban, for example, you know, the buildings and stuff, they 20 block our signal. Out in the rural world, usually it’s pretty flat. But, Fort Collins, we do have some 21 heavy clutter. And, so the signal attenuates as it goes through the trees, which is why we usually ask for a 22 higher rad so we can go above the tree line and still be able to cover the neighborhoods we want to. So, 23 in this case, if there was a facility available north of where we are right now, we would love to consider it. 24 But, you know, considering the situation and all the work Atlas has already done with no other options 25 left, you know, this is pretty much the only facility that we could consider at this point. 26 BOARDMEMBER HOBBS: But, what I’m asking is, let’s say for a fairly uncluttered area like 27 this, what is the maximum diameter that you can service with a 60 or 75-foot cell tower? 28 MR. NANDIRAJU: Usually cell towers have…they all have a radius. This particular cell tower 29 in this case would cover about a mile each direction, depending on which way we put our antennas 30 pointed towards. So, in general, we point antennas, you know, in three directions. Usually it’s standard, 31 let’s say zero, 120, 240 being the azimuth. And they generally cover those areas. If we were to put a 32 tower here, we would like to, you know, ideally point antennas towards, you know, north, where we don’t 33 have coverage there, towards Douglas, and then Country Club, where the terrain goes up. You know, we 34 barely have any signal there, with one bar. So, and then towards the east again, so…typically about, you 35 know, 0.5 to 1-mile radius is what we cover. Again, it all depends on clutter, terrain, various factors. I 36 hope I answered your question. 37 BOARDMEMBER HOBBS: Yes, that you. 19.2 Packet Pg. 253 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 22 1 MR. NANDIRAJU: And then I want to add one more point…in terms of why this tower, you 2 know, and generally we’ve seen about 73% or prospective buyers who are looking for houses where they 3 do have wireless coverage. When it comes to millennials, about 83% of them prefer having wireless 4 service and do prefer to buy a house where they have good wireless coverage. In terms of safety, a 5 question that was raised earlier…whenever we go through the process of setting up a site, a wireless 6 facility, we do have to go through various checkpoints before we even get close to putting the site on air. 7 So, we do take MP compliance very seriously. As an RF engineer, I’ve done tons of them. And, for 8 every site, each and every site, with exact confidence of what goes on the tower, at what power do we 9 output, we need to do the tower compliance and P levels. And the tool pretty much tells us whether it’s a 10 pass or fail. And then we can…if, you know, once it passes, we then submit to our regulatory team. We 11 have regulatory team in-house; we have regulatory team at our HQ. So, it goes through various 12 checkpoints; there is no way we can operate a site that’s not compliant. And not only that, in future, if 13 there’s got to be any modifications done…if you touch the site in terms of an antenna modification…let’s 14 say the antenna goes bad, we need to change it, we still have to go through it again. So, you replace the 15 antenna and we still have to run the regulatory again and make sure everything is compliant. So, it’s a 16 serious job and we do take it seriously, and we make sure it’s compliant before we can put it on air, 17 so…(**Secretary’s Note: Some inaudible comments here). 18 Yes, absolutely, I’ll be outside once we’re all done, and I’ll be more than happy to answer your 19 questions. 20 VICE CHAIR HANSEN: Okay, does the Board have any other…oh, yeah, yeah. 21 MR. FRICKEY: I have the zoning map pulled up, so if you’d like to guide me on what you’d like 22 to look at, I’d be happy to help out. 23 BOARDMEMBER HOBBS: Well, I guess with the map up, I’d like to you show us where the 24 closest zones are that do allow this tower without modification or APU. 25 MR. FRICKEY: So, the closest one would be the Anheuser-Busch InBev site, and so that’s 26 this…I’m color blind, so I apologize…I think the purplish color on the map is the Anheuser-Busch InBev 27 site that’s within the search ring. And then there’s also property further to the south and to the east that 28 has community commercial and medium-density, mixed-use neighborhood…well, community 29 commercial zoning would allow it and then the employment zone would allow it, and then the industrial, 30 the I, that’s the pink color…those areas would also allow a cell tower. 31 I think another thing…just for posterity’s sake, I’m going to pull up a picture I took when I did 32 one of these site visits, if it’s on here. But, the grade drops off significantly as you get further east, and so 33 that’s another thing to consider is that…if it operates on a line of sight basis, then the tower needs to be 34 taller in order to see above a hill, so… 35 BOARDMEMBER HOBBS: That’s why I’m asking particularly about the areas to the north. 36 What can you tell us about those areas, Clay? 37 MR. FRICKEY: So, to the north…where this gets complicated is this blue line is the growth 38 management area boundary for the City, so that is actually the edge of the City limits, and beyond that, if 39 the City were to try and, say expand that, we would have to negotiate with Larimer County and adjacent 40 municipalities in order to add that to the growth management area. So, basically all of the land that’s to 19.2 Packet Pg. 254 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 23 1 the north of this site, directly north to the site, is zoned either low-density, mixed-use neighborhood or 2 urban estate. And so, would not have zoning that would permit a wireless telecommunications facility 3 without an addition of permitted use. 4 BOARDMEMBER HOBBS: But that’s County zoning? 5 MR. FRICKEY: And even to the…so the County zoning…where this gets a little different is 6 County zoning, they allow wireless facilities in every zone, but it is subject to what’s called Special 7 Review. And, if a use that is subject to Special Review goes to the…or, basically what that means is it 8 would go to the Board of Commissioners, which is sort of your counterpart at the County. If there is 9 contiguity with City limits, the County would likely require that parcel to annex into the City as a result 10 of that development application. The other challenging issue here is that for a lot of these areas in the 11 County…I mean, yes, they have zoning that would allow it in the County, but the issue is, it’s a lot of 12 smaller parcels with single-family detached homes on them. So, in terms of having an ideal candidate for 13 a site, they really aren’t the best fit, per se, and that’s why staff focused their energies on the Fort Collins 14 Country Club, analyzing that parcel in particular, since not only A, would it have zoning appropriate in 15 both the City and the County, it also acts as a little bit more of an appropriate site for a cell tower in 16 general since it is a large swath of land. And so, a cell tower would fit in a little bit more than if it were a 17 large tower in the backyard of a single-family detached home. 18 BOARDMEMBER HOBBS: Thank you. 19 VICE CHAIR HANSEN: Do we have any other questions? Are you ready to…I’m sorry; we’re 20 done with citizen participation (**Secretary’s Note: Some inaudible comments here). You guys can talk 21 after the meeting. I guess we’re ready to have some deliberation on the Board. Any comments? 22 BOARDMEMBER WHITLEY: I have to say, I can’t see any problem with the silo in an area that 23 looks like there should be silos there. I mean, all the photographs I see, other than the scale, look okay in 24 terms of a farm area, the areas on Vine with existing silos, I mean…maybe I’m…even if I lived in the 25 area, I would probably think the same thing. And I’ve driven by there quite a lot…I just don’t see a 26 problem with a 45-foot silo. 27 BOARDMEMBER HOBBS: I am a long way from feeling that this proposal meets these 28 compliance conditions that were outlined. I don’t think that it is…that I’ve been convinced…I have not 29 been convinced that it’s use is compatible and would have a minimal negative impact. I don’t think that 30 it’s…although this isn’t a specific one of these compliance things, I don’t think it’s something that’s 31 worth bending the rules for for the better good of the community. I understand that we have a cell phone 32 coverage problem there; I don’t think it’s this Board’s purview to solve that problem. And I haven’t 33 heard that we have explored the existing technologies let alone some of the new ones that are coming on 34 line and are having community discussions about that could solve this in other ways. I’m not convinced 35 that this couldn’t be solved with a similar-sized tower to the north. What I am convinced of is that several 36 of the parties that have been involved, the Country Club, has, to me it sounds like decided it is 37 incompatible with their neighborhood. I think that, from what I’ve heard, the City of Fort Collins, for its 38 public lands has decided that this is an incompatible use for our own publicly-owned lands. And, I think 39 that should speak volumes to us; it does to me. And so, I’m not in support of this. 40 BOARDMEMBER CARPENTER: I have to say that I’m concerned as well, Michael. I…cell 41 service is important to all of us, I know. But, I am going back and forth between the silo seems to work 19.2 Packet Pg. 255 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 24 1 for now…but how long is it going to work? That’s my concern. And, are we going to end up, then, with 2 a silo in the middle of just a regular neighborhood. This is not going to stay farming for much longer, so 3 I’m concerned about that. I don’t know…I’m still really on the fence about it. The 60-foot tower I think 4 is incredibly obtrusive, and that one doesn’t work for me. But, the compromise of a 45-foot tower in a 5 little different location…I just am going back and forth between…I think that might be able to work for 6 me now. I just think that we’re being very short-sighted in how long that’s going to work. So, I’m still 7 thinking. 8 BOARDMEMBER ROLLINS: I’m really struggling with this one also. I really took to heart 9 Tanya’s comment about the fact that we don’t have some kind of outside RF engineer. I think of all of 10 our other utilities…you know, we send something to stormwater, or we send it to transportation, and 11 we’ve got a group of experts that can add to the conversation and go, okay, well, we can’t do it this way, 12 but we could do it this way, or…you know, you’ve got a team of people with all these other utilities. And 13 yet, we’re…you know, we just don’t happen to have this here. And so, that gives me a level of 14 discomfort because I, you know, normally we have a number of people in the room that work for the City 15 that are experts in whatever type of utility that we’re talking about, so I’m really struggling with this also. 16 I just…it would be nice if we had somebody that could speak to this. And I realize that the applicant’s 17 done a tremendous amount of work, but I also don’t like that we don’t…you know, the City said no, 18 we’re not going to have it on our property. So, I think I would be most likely recommending to City 19 Council denial. 20 VICE CHAIR HANSEN: Sounds like I’m in a minority here. I think there’s certainly a need for 21 additional cellular service in the area…that’s been clearly communicated. The…the projected coverage 22 maps that we saw on various tower heights…it seemed pretty obvious that there’s an advantage to having 23 a tower that’s over 50 feet tall, you know, with an antenna, you know approaching…with the antenna at 24 50 feet I think was your optimum one. I think if we were to…and in fact, there’s such a significant 25 decrease in the coverage that we’re likely, in a very short time, going to see a need for another tower to 26 the north of a similar height. And if the objection is to having too many of these silos around, then 27 compromising with a 45-foot tower is not going to solve that problem. I think we’ll make better headway 28 with a taller tower. I think the use of a silo is a very innovative way to make this type of facility fit in this 29 area of town. And, grain silos are enough of a history of this town that they get saved, you know…when 30 roads are put in, they…rather than the towers just going away…or the silos going away, they are 31 relocated. So, there’s a value on that as a symbol of this community. So, I think it’s very appropriate for 32 that to be used as a camouflaging device. I would like to see it disguised a little better to make it not look 33 like a new tower, or new silo, but something that’s more historic. I would be in support of this project 34 with it’s full height with the condition that it has some additional camouflaging done to the fiberglass 35 panels that are used on it. 36 BOARDMEMBER WHITLEY: I still find myself conflicted, even though I like the idea visually 37 of a 45-foot tower, I think a 60-foot tower is out of scale. Although the 60-foot tower is going to work a 38 lot better functionally than the 45-foot tower. So, I’m really on the fence on this. 39 BOARDMEMBER HOBBS: I want to add that, with some of the photos that we looked at, I did 40 some photo measuring techniques that I use in the work that I do, and also did some looking on the 41 internet. And, I think that an average, normal farm silo is more in the range of 30 to 35 feet, and that this 42 is approaching twice that. And I think that it’s not going to be something that blends in with a farm, and 43 disguises itself as a farm setting. 19.2 Packet Pg. 256 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) 25 1 VICE CHAIR HANSEN: Any other comments? If not, do we have a motion? 2 BOARDMEMBER HOBBS: I’ll make a motion. Chairman Hansen, I would move that the Fort 3 Collins Planning and Zoning Board have a recommendation of denial to the City Council for the Long 4 Pond Wireless Telecommunication Facility and Addition of Permitted Use, based on the information and 5 testimony that we have heard this evening. 6 VICE CHAIR HANSEN: Are you happy with that motion? 7 MR. YATABE: I think that’s fine; I would generally recommend that…more rationale for a 8 denial…recommendation of denial or approval be added to that, because there was a number of [sic] 9 views expressed both ways. 10 BOARDMEMBER HOBBS: Then I would like to amend that motion if possible. I would like to 11 say that…that the Fort Collins Planning and Zoning Board recommend denial of the Long Pond Wireless 12 Telecommunication Facility and Addition of Permitted Use on the basis of the fact that the use would not 13 conform to the basic characteristics of the zone district and that the location, size, and design of it is not 14 compatible and would have negative impacts on the use of the nearby properties. 15 VICE CHAIR HANSEN: We have a motion; do we have a second? 16 BOARDMEMBER ROLLINS: Second. 17 VICE CHAIR HANSEN: Thank you. Any other comments before we…alright, Cindy, can we 18 have a roll call? 19 MS. COSMAS: Hobbs? 20 BOARDMEMBER HOBBS: Yes. 21 MS. COSMAS: Rollins? 22 BOARDMEMBER ROLLINS: Yes. 23 MS. COSMAS: Whitley? 24 BOARDMEMBER WHITLEY: Yes. 25 MS. COSMAS: Carpenter? 26 BOARDMEMBER CARPENTER: Yes. 27 MS. COSMAS: Hansen? 28 VICE CHAIR HANSEN: No. Okay, with that, that item does not receive a recommendation for 29 City Council. 19.2 Packet Pg. 257 Attachment: Planning and Zoning Board Verbatim Transcript, September 14, 2017 (6340 : SR 136 Long Pond APU) Resident Comments Provided to Council since December 19, 2017 Received as of 12:00 p.m., Wednesday, January 10, 2018 (Any comments received between Wednesday, January 10 and 12:00 p.m., Tuesday, January 16 will be included in Council’s read‐before packet.) ATTACHMENT 3 19.3 Packet Pg. 258 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) From: Delynn Coldiron To: Raju Jairam Cc: Delynn Coldiron Subject: RE: Cell Tower by the country club Date: Tuesday, January 2, 2018 3:16:45 PM Dear Mr. Jairam: Thank you for your email to City Council regarding the Long Pond Cell Tower proposal -- a development project that is currently in the development review process. The specific approval process under consideration now for this project is referred to as an "Addition of a Permitted Use" and the decision on the pending application will be made by the City Council based on the evidence presented to the Council in connection with the Council hearing that was conducted on December 19, 2017. In the case of an "Addition of a Permitted Use" decision, Councilmembers are required to impartially decide the application based on the evidence and testimony presented for or at the hearing, and as a result Councilmembers are required to avoid contacts about this item with interested parties outside of the hearing process. At the end of the hearing on the 19th, the Council voted to adopt an ordinance on first reading that would approve the Addition of a Permitted Use, with conditions, and requested that staff suggest conditions to address three specific concerns noted by Council in its discussion. The conditions relate to: 1) the standards applicable to the structure to make it safe in windy conditions; 2) a possible requirement that the structure be removed if it becomes obsolete; and 3) a possible requirement that the structure be modified in the future to remain compatible with surrounding land uses. The ordinance will be considered on second reading at the Council meeting on Tuesday, January 2nd. At that time, the Council will consider a request to continue second reading of the ordinance to its January 16, 2018 meeting. If second reading of this ordinance is continued, at its meeting on January 16, 2018 Council may reopen the hearing to receive evidence and comment related specifically to the conditions the Council discussed at the hearing on December 19. If the hearing is reopened, your email will be included in the Council's packet regarding this item and considered to the extent it relates to the conditions under consideration. Thank you for your interest and participation in this matter. Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com -----Original Message----- From: Raju Jairam [mailto:Raju@MBI.Com] Sent: Thursday, December 21, 2017 3:08 PM To: City Leaders <CityLeaders@fcgov.com> Subject: Cell Tower by the country club Whom it may concern: I am writing on behalf of the cell tower issue. I Live in the area and support having a cell tower to boost the reception in that area. It is currently lacking. The tower should accommodate at least three or more carriers so that there is competition. Keeping the tower at 45 feet reduces it to only one viable operator and therefore limits its use. It needs to be usable by most, if not all, customers who have other carriers. Thank you for your assistance in addressing this problem. You may contact me for any additional information. 19.3 Packet Pg. 259 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) Raju Jairam Raju@MBI.Com (970) 691-6244 (cell) 19.3 Packet Pg. 260 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) From: Delynn Coldiron To: Julia Sharp Cc: Delynn Coldiron Subject: RE: Cell tower silo Date: Tuesday, January 2, 2018 3:20:52 PM Dear Ms. Sharp: Thank you for your email to City Council regarding the Long Pond Cell Tower proposal -- a development project that is currently in the development review process. The specific approval process under consideration now for this project is referred to as an "Addition of a Permitted Use" and the decision on the pending application will be made by the City Council based on the evidence presented to the Council in connection with the Council hearing that was conducted on December 19, 2017. In the case of an "Addition of a Permitted Use" decision, Councilmembers are required to impartially decide the application based on the evidence and testimony presented for or at the hearing, and as a result Councilmembers are required to avoid contacts about this item with interested parties outside of the hearing process. At the end of the hearing on the 19th , the Council voted to adopt an ordinance on first reading that would approve the Addition of a Permitted Use, with conditions, and requested that staff suggest conditions to address three specific concerns noted by Council in its discussion. The conditions relate to: 1) the standards applicable to the structure to make it safe in windy conditions; 2) a possible requirement that the structure be removed if it becomes obsolete; and 3) a possible requirement that the structure be modified in the future to remain compatible with surrounding land uses. The ordinance will be considered on second reading at the Council meeting on Tuesday, January 2nd . At that time, the Council will consider a request to continue second reading of the ordinance to its January 16, 2018 meeting. If second reading of this ordinance is continued, at its meeting on January 16, 2018 Council may reopen the hearing to receive evidence and comment related specifically to the conditions the Council discussed at the hearing on December 19. If the hearing is reopened, your email will be included in the Council's packet regarding this item and considered to the extent it relates to the conditions under consideration. Thank you for your interest and participation in this matter Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com From: Julia Sharp <juliasmile@yahoo.com> Sent: Tuesday, December 19, 2017 2:19:21 PM To: City Leaders Subject: Cell tower silo 19.3 Packet Pg. 261 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) Hi, I am in support of a cell tower in the northeast corridor of Fort Collins off of Turnberry. Cell coverage in the area is abysmal, resulting in dropped calls. This could potentially lead to a serious emergency situation. The recommendation to reduce the height of the tower is not acceptable. This would reduce the carriers that could use the tower for service, limiting the scope of the tower in the future. As a result, additional towers will need to be considered in the future. The visual impact of the tower is less of a concern than life and death situations. Additionally, this agricultural area is nearby the brewery which certainly has structures more than 60 feet tall. The structures of the brewery, and the impending development between the brewery and the proposed cell tower site, are more relevant to consider than two silos on Vine Drive. Please support the original 60 foot cell tower off of Turnberry. Sincerely, Julia Sharp 19.3 Packet Pg. 262 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) From: Delynn Coldiron To: Terry, Nancy Cc: Delynn Coldiron Subject: RE: Long Pond cell tower Date: Tuesday, January 2, 2018 3:12:41 PM Dear Ms. Terry: Thank you for your email to City Council regarding the Long Pond Cell Tower proposal -- a development project that is currently in the development review process. The specific approval process under consideration now for this project is referred to as an "Addition of a Permitted Use" and the decision on the pending application will be made by the City Council based on the evidence presented to the Council in connection with the Council hearing that was conducted on December 19, 2017. In the case of an "Addition of a Permitted Use" decision, Councilmembers are required to impartially decide the application based on the evidence and testimony presented for or at the hearing, and as a result Councilmembers are required to avoid contacts about this item with interested parties outside of the hearing process. At the end of the hearing on the 19th , the Council voted to adopt an ordinance on first reading that would approve the Addition of a Permitted Use, with conditions, and requested that staff suggest conditions to address three specific concerns noted by Council in its discussion. The conditions relate to: 1) the standards applicable to the structure to make it safe in windy conditions; 2) a possible requirement that the structure be removed if it becomes obsolete; and 3) a possible requirement that the structure be modified in the future to remain compatible with surrounding land uses. The ordinance will be considered on second reading at the Council meeting on Tuesday, January 2nd . At that time, the Council will consider a request to continue second reading of the ordinance to its January 16, 2018 meeting. If second reading of this ordinance is continued, at its meeting on January 16, 2018 Council may reopen the hearing to receive evidence and comment related specifically to the conditions the Council discussed at the hearing on December 19. If the hearing is reopened, your email will be included in the Council's packet regarding this item and considered to the extent it relates to the conditions under consideration. Thank you for your interest and participation in this matter Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com "Tell us about our service, we want to know!" From: Terry, Nancy [mailto:nterry@pmglending.com] Sent: Wednesday, December 20, 2017 9:51 AM To: City Leaders <CityLeaders@fcgov.com> Subject: Long Pond cell tower Dear City Staff/Council members: I’m writing to say I am in favor of the proposed 60’ cell tower in North Fort Collins (Long Pond area). I live in Eagle Lake. My cell service is through Verizon. Over the last several months my cell coverage has deteriorated significantly! I no longer get cell coverage in rooms of my home on the north side of our home – kitchen, 19.3 Packet Pg. 263 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) family room, office. Only by standing in the front doorway of my home, which faces South, can I reliably make or receive calls on my cell phone. Many families have opted to drop their land line service in favor of having only cell service. This is not a safe option if cell service in our area is not consistent and reliable. Thank you, Nancy Terry Nancy Terry 970-266-1690 Apply Now Bold Guarantee http://www.pmglending.com/uploads/content/Signatures/NancyTerry.jpg 19.3 Packet Pg. 264 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) From: Delynn Coldiron To: Jenni White Cc: Delynn Coldiron Subject: RE: Long Pond Cell Tower Date: Tuesday, January 2, 2018 3:10:34 PM Dear Ms. White - Thank you for your email to City Council regarding the Long Pond Cell Tower proposal -- a development project that is currently in the development review process. The specific approval process under consideration now for this project is referred to as an "Addition of a Permitted Use" and the decision on the pending application will be made by the City Council based on the evidence presented to the Council in connection with the Council hearing that was conducted on December 19, 2017. In the case of an "Addition of a Permitted Use" decision, Councilmembers are required to impartially decide the application based on the evidence and testimony presented for or at the hearing, and as a result Councilmembers are required to avoid contacts about this item with interested parties outside of the hearing process. At the end of the hearing on the 19th, the Council voted to adopt an ordinance on first reading that would approve the Addition of a Permitted Use, with conditions, and requested that staff suggest conditions to address three specific concerns noted by Council in its discussion. The conditions relate to: 1) the standards applicable to the structure to make it safe in windy conditions; 2) a possible requirement that the structure be removed if it becomes obsolete; and 3) a possible requirement that the structure be modified in the future to remain compatible with surrounding land uses. The ordinance will be considered on second reading at the Council meeting on tonight, January 2nd. At that time, the Council will consider a request to continue second reading of the ordinance to its January 16, 2018 meeting. If second reading of this ordinance is continued, at its meeting on January 16, 2018 Council may reopen the hearing to receive evidence and comment related specifically to the conditions the Council discussed at the hearing on December 19. If the hearing is reopened, your email will be included in the Council's packet regarding this item and considered to the extent it relates to the conditions under consideration. Thanks! Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com -----Original Message----- From: Jenni White [mailto:jennil_white@hotmail.com] Sent: Wednesday, December 20, 2017 6:21 AM To: City Leaders <CityLeaders@fcgov.com> Subject: Long Pond Cell Tower Good morning, I attended the Council meeting last night and stayed until 10:40 when the cell issue was over. I have 1 question for you all! What about all of us who don’t have Verizon? With only approving a 45 foot tower all the rest of us will still have the same safety concerns that you said were important! We went away from Verizon because they are too expensive! I feel like this is another example of systematic discrimination. Those that can afford the expensive cell provider in this city can have service, but others can’t..... This is not right! 19.3 Packet Pg. 265 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) I don’t know if there is an opportunity for you to reconsider the height, but I hope you will put doing “the right thing” over making a few people angry about “seeing” a cell tower! Thank you! Jenni Sifuentes, Richard’s Lake Sent from my iPhone 19.3 Packet Pg. 266 Attachment: Resident Comments received since December 19, 2017 (6340 : SR 136 Long Pond APU) 1/16/18 Long Pond APU Clay Frickey ATTACHMENT 4 19.4 Packet Pg. 267 Attachment: Powerpoint presentation (6340 : SR 136 Long Pond APU) Condition #1 • Change design when surrounding area develops • Practical considerations • Vested rights • Metric/timing • Compliance with Telecommunications Act Staff recommends not pursuing Condition #1 2 19.4 Packet Pg. 268 Attachment: Powerpoint presentation (6340 : SR 136 Long Pond APU) Condition #2 • Building code wind loading requirement • 100 miles per hour (161 kph) Vasd or 129 miles per hour (208 kph) Vult. • Current code requirements sufficient Staff recommends using existing wind loading standard 3 19.4 Packet Pg. 269 Attachment: Powerpoint presentation (6340 : SR 136 Long Pond APU) Condition #3 • Non-conforming uses expire after 24 months of inactivity • Land Use Code section 1.5.3 Staff recommends removal after 6 months of inactivity 4 19.4 Packet Pg. 270 Attachment: Powerpoint presentation (6340 : SR 136 Long Pond APU) -1- ORDINANCE NO. 136, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE ADDITION OF PERMITTED USE ASSOCIATED WITH THE LONG POND WIRELESS TELECOMMUNICATIONS FACILITY PROJECT DEVELOPMENT PLAN #160018 WHEREAS, Project Development Plan #160018 (“PDP#160018”) proposes the placement of a wireless telecommunications facility in the Low Density Mixed-Use Neighborhood zone district (“L-M-N zone”) on the parcel located at 2008 Turnberry Road, parcel number 8832005002 (the “Parcel”); and WHEREAS, wireless telecommunications facilities are not an allowed use in the L-M-N zone; and WHEREAS, a request pursuant to Land Use Code (“LUC”) Section 1.3.4(C)(3), Addition of Permitted Use, has been made in conjunction with PDP#160018 for the addition of wireless telecommunications facilities as an allowed use on the Parcel (the “APU”); and WHEREAS, pursuant to LUC Section 1.3.4(C)(3), the Planning and Zoning Board (“P&Z”) shall make a recommendation to Council regarding the APU, Council shall be the decision maker on the APU by ordinance, and P&Z shall be the decision maker on the primary application, PDP#160018; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), and in satisfaction of such requirement, two neighborhood meetings were held regarding the APU with the first meeting held prior to the submittal of the development application on March 30, 2016, and the second meeting held after submittal of the development application and completion of the first round of staff review on May 25, 2017; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(h), and in satisfaction of such requirement, the proposed use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code; and WHEREAS, pursuant to LUC Section 1.3.4(C)(3)(c) regarding the requirement that the proposed use of telecommunications facilities is specifically prohibited in the L-M-N zone, and in satisfaction of such requirement, wireless cell facilities are not specifically listed as a prohibited use in the L-M-N zone; and WHEREAS, at its September 14, 2017, regular meeting, P&Z held a hearing on the APU and recommended to Council by a vote of 4 to 1 that Council not approve the APU; and WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further described below, that must be satisfied in order for Council to approve the APU; and 19.5 Packet Pg. 271 Attachment: Ordinance No. 136, 2017 (6340 : SR 136 Long Pond APU) -2- WHEREAS, the APU was originally scheduled for October 17, 2017, but Council continued the hearing on October 17 to November 21 to allow City staff time to evaluate the issues raised in a letter from legal counsel for Verizon Wireless; and WHEREAS, at the request of the APU applicant Atlas Tower, Council further continued the hearing on November 13 to December 19, 2017; and WHEREAS, on December 19, 2017, Council held a public hearing on the APU at which the APU applicant, members of the public, and City staff presented Council with evidence, testimony and argument. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council, after holding a public hearing on December 19, 2017, at which members of the public, the APU applicant, and City staff provided evidence and argument, and after considering the P&Z recommendation on the APU, hereby approves the requested APU to add wireless telecommunication facilities as a use specifically limited to the Parcel located in the L-M-N zone. Section 3. That the Council imposes the following condition or conditions of approval: (1) The addition of wireless telecommunication facilities as a permitted use on the Parcel is conditional upon the approval of PDP#160018. Upon a final decision to deny PDP#160018 and the conclusion of any related appeals and subsequent action, if PDP#160018 is ultimately denied, the approval of the APU granted herein shall automatically terminate and shall thereafter be null and void. (2) To satisfy the requirement set forth in Land Use Code Section 1.3.4(C)(1), the wireless telecommunications facility shall: (a) Be 45 feet or less in height; and (b) Be located further north than proposed in order to be closer to the existing outbuildings on the Parcel and such location shall not be changed without an approved amendment to PDP#160018 and approval of a new addition of permitted use pursuant to Land Use Code Section 1.3.4(F) if required pursuant to Section 1.3.4(F). Section 4. That the Council, based on the evidence and information which was provided and presented to the Council at the hearing in this matter, and in consideration of the conditions of approval imposed in above Section 3, makes the following findings of fact and conclusions of law: 19.5 Packet Pg. 272 Attachment: Ordinance No. 136, 2017 (6340 : SR 136 Long Pond APU) -3- (1) The APU satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows: (a) Such use is appropriate in the L-M-N zone. (b) Such use conforms to the basic characteristics of the L-M-N zone and the other permitted uses in the L-M-N zone. (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. (d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the L-M-N zone. (e) Such use will not change the predominant character of the surrounding area. (f) Such use is compatible with the other listed permitted uses in the L-M-N zone district. (g) The LUC requirement for two neighborhood meetings regarding the APU was fulfilled with the first meeting held prior to the submittal of the development application on March 30, 2016, and the second meeting held after submittal of the development application and completion of the first round of staff review on May 25, 2017. (h) Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code. (2) The APU is not detrimental to the public good; (3) The APU is in compliance with the applicable requirements and criteria contained in LUC Section 3.5.1; and (4) The APU is not specifically listed as a "prohibited use" in the L-M-N zone. Section 5. That the Council’s approval of the APU in this Ordinance is based upon the development proposal described in PDP#160018 and the associated APU request, the conditions of approval set forth in above Section 3, the testimony and evidence presented at the December 19, 2017, APU hearing, and the P&Z recommendation and hearing record. Unless otherwise specified as a condition of approval of the APU, any changes to the use or to its location, size, and design, in a manner that changes the predominant character of or increases the negative impact 19.5 Packet Pg. 273 Attachment: Ordinance No. 136, 2017 (6340 : SR 136 Long Pond APU) -4- upon the surrounding area, will require the approval of a new addition of permitted use under the LUC. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 2017, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.5 Packet Pg. 274 Attachment: Ordinance No. 136, 2017 (6340 : SR 136 Long Pond APU) Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Jan Sawyer, Special Event Coordinator Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events. EXECUTIVE SUMMARY The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to be in alignment with current law and to more accurately reflect the City’s current processes and procedures for issuing Special Event Permits. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins is nationally recognized as a destination for exceptional outdoor recreation, thriving craft breweries, and a vibrant arts and music scene. The festivals and events that developed around these activities have grown from small events primarily attended by local residents, into large, multi‐day events attended by residents and visitors from throughout the region and nation. Festivals and cultural events have become an important element of Fort Collins’ image, identity, and culture. However, these events do have impacts, both positive and negative, on the neighborhoods, businesses, and City facilities in which they are held. It is important for the City to ensure that these growing events take place safely on its streets and in its parks. The City has a right and a responsibility to regulate the time, place, manner and scope of special events to protect the public health and safety of its citizens, and to reduce adverse impacts on public spaces, the environment, businesses and neighborhoods. Recognizing the positive benefits that festivals and events provide to the community, it is also important for the City to provide a balanced, fair and user-friendly Special Event Permit program for those planning events. The Special Event Coordinator (SEC) program was created in 2015 to facilitate and coordinate Special Event permit work by City staff in various departments, while also acting as a central point of contact for event producers, citizens, businesses, and City staff seeking information or guidance about the special events occurring each year in the City. One of the key deliverables of the SEC program was to review and revise the City’s Municipal Code pertaining to special events, which has not been revised in more than a decade. Recommended Revisions The recommended revisions to Fort Collins Municipal Code, Section 23.5, at this time, are primarily designed to update the provisions to more accurately reflect the City’s current practices and procedures, and to incorporate best practices regulating Special Events held within the City. 20 Packet Pg. 275 Agenda Item 20 Item # 20 Page 2 Recommended changes to City Code, Section 23.5 include: • Updates and additions to Section 23.5-2 Definitions which include: o Shifting the responsibility of the “Coordinator” from the Chief of Police to the newly created Special Event Coordinator position o Excluding a demonstration and funeral procession from a Special Event Permit, subject to the Special Event Permit requirements • Update the City Code to be more clearly consistent with the current state of the applicable law by distinguishing demonstrations from special events, and specifying different notice requirements for demonstrations; • Creating administrative rules in which the City Manager is authorized to promulgate rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration and enforcement of the Special Event Permits • Revising the definition of Special Event to include events on private property if the event substantially impacts a public right of way or adjacent public properties. For example, New Belgium Brewing, Odell Brewing, and the Fort Collins Coloradoan have worked cooperatively with Fort Collins Police Services and the Special Event Coordinator to implement traffic control and safety measures for events held on their properties which substantially impacted traffic flow or pedestrian safety. • Revising Section 23.5-3 Permits Required to include: o Revised the dates required for completed action on applications, and appeal procedure timelines o Removed the time, place and route permit requirements from the Code and put them into the Terms & Conditions to be approved by the City Manager o Removed the indemnification, insurance, fee and deposit provisions, and put them into the Terms and Conditions to be approved by the City Manager o Removed the duties of the permittee from the Code, and put them into the Terms and Conditions to be approved by the City Manager • Revision of Section 23.5-4 Demonstration notice required to include: o A twenty-four (24) hour notice requirement for gatherings primarily involving the communication, or expression of views or grievances o Gatherings defined as demonstrations may be subject to reasonable time, place, manner or route restrictions, if deemed necessary for the safety of participants and/or the public o Those organizing a demonstration of more than 50 persons, more than 24 hours in advance of the activity, are encouraged to contact the Coordinator as soon as practicable prior to the activity to determine whether any elements of such activities not related to the communication or expression of views or grievances are subject to a permit or conditions related to public safety The Terms and Conditions contain the following changes to requirements for special events: • A slight increase in Special Event Permit application fees to cover some administrative costs o Original fees: $50 permit application fee, waived for not-for-profit organizations and neighborhood block parties o Proposed fees: $100 permit application fee for for-profit organizations $50 permit application fee for not-for-profit organizations No permit application fee for neighborhood block parties • Permit application deadlines increased to provide adequate time for staff administrative review 20 Packet Pg. 276 Agenda Item 20 Item # 20 Page 3 • Additions to the Terms & Conditions for Special Event Permit applications include requirements for: o Compliance with the American’s with Disabilities Act (ADA) pertaining to events o Notifications to affected residents and businesses o Event review meetings between the event producer and City staff o Safety and security plans o Reimbursing the City for providing Police Services or traffic control devices o Event site plan and route map requirements o Disposal of trash, providing recycling containers & post-event clean-up o Compliance with the City’s smoking ordinance o Portable restroom requirements o Insurance and indemnification requirements o Alcohol licensing requirements o Fireworks permit requirement o Sale of food, beverage or merchandise requirements o Staking and utility locates o Tents, inflatable and temporary structure requirements Future Initiatives The revisions to Section 23.5 pertaining to Special Events are recommended to align City Code with current and best practices, concurrent with the implementation of the City’s new online special event permit application. Additional initiatives pertaining to special event permits will be forthcoming from the Special Event Coordinator in 2018. Among these initiatives are to: • Research, design and implement a process for soliciting and gathering input from affected neighborhoods and businesses prior to approval of Special Event Permits • Develop a tier system to categorize events by their size, scope, longevity, and impacts • Review and revise permit requirements and fees for events based on tier designation • Develop and implement a matrix to quantify the impacts of events, both positive and negative, and to provide criteria for new events requesting permits • Add commercial film regulation and permitting to the Special Event Coordinator program. CITY FINANCIAL IMPACTS These proposed Code revisions have been submitted under Economic Health-3.4. They provide transparent, predictable and efficient processes for citizens and businesses interacting with the City. The increase in permit application fees should generate approximately $5,000 of additional revenue in 2018 toward recovering the cost to review and administer Special Event Permits. BOARD / COMMISSION RECOMMENDATION Language regarding compliance with the ADA was developed with input and assistance from the Commission on Disabilities. The Special Event Coordinator met and discussed the proposed Code revisions with members of the Transportation Board on November 15, 2017. 20 Packet Pg. 277 Agenda Item 20 Item # 20 Page 4 PUBLIC OUTREACH Public outreach regarding these recommended revisions to Section 23.5 of Municipal Code included: • Two meetings with event producers held on October 24 and 25, 2017, one in the afternoon and one in the evening. All event producers who had submitted a special event permit application within the past 12 months were invited. Twenty-one event producers attended the meetings and offered suggestions and clarifications which were incorporated into the proposed Code revisions • Individual meetings and phone conferences were held with several event producers unable to attend the meetings on October 24 and 25, 2017, to obtain their input • The Special Event Coordinator presented information regarding the proposed Code changes at the City Projects Fair attended by the general public, coordinated by FC Bikes and held at the Fort Collins Museum of Discovery on October 26, 2017 • Information regarding the proposed revised Code was provided via a link on the Special Events page on the City’s website from November 8, to November 21, 2017 In addition to this public outreach, the proposed revisions were drafted with the input of City staff from departments involved in the permitting of special events, including Police Services, Parks, Traffic, City Clerk, Transit, Parking Services, Risk Management, Poudre Fire Authority, and the City Attorney’s Office. ATTACHMENTS 1. Special Event Permit Terms and Conditions (PDF) 2. Powerpoint presentation (PDF) 20 Packet Pg. 278 Special Event Permit Terms and Conditions DEFINITIONS Throughout these Terms and Conditions, the following terms will have the following meanings: • APPLICANT means the individual or organization identified in the Event Application. • COORDINATOR shall mean the Special Event Coordinator or his or her designee • CITY means City of Fort Collins. • EVENT means the event identified in the Event Application. • EVENT APPLICATION means the online or hard copy application submitted, stipulating the location of the Site and related details of the event. • FCPS means Fort Collins Police Services. • PFA means the Poudre Fire Authority. • POWER EQUIPMENT means generators, motorized equipment, refrigeration units, or amusement rides. • SITE means the event location identified in the Event Application, including private property for which the Coordinator makes a specific finding regarding potential impacts to neighboring properties and traffic on public rights of way and sidewalks under Section 23.5-2 of the City Code. • TERM means the period of time identified in the Event application. • TRASH means all waste, refuse, and litter generated during the event. SECTION 1 – Special Event Permit Application procedures; fees 1.1 Compliance Special Event organizers, along with their employees, officials, volunteers, participants, and invitees, must comply with all applicable policies, laws, regulations, and the Fort Collins Municipal Code (City Code). Further, such organizers must also comply with the Terms and Conditions of the Special Event Permit. The City reserves the right to deny Special Event Permit applications for events that are deemed to be unsafe, unsuitable, or that do not abide by applicable policies, laws, regulations, or City Code. 1.2 General Requirements/Guidelines The following requirements/guidelines apply to all Special Events: • Special Event Permit application approval may be dependent on the size, date, time, and location of the event, as well as Applicant ability to ensure public/property safety concerns are addressed. • Applicable fees and/or security deposits are required with most applications, and payment is due prior to issuance of a Special Event Permit. • Special Event Permit applications submitted after the deadline may result in denial of the application. • Failure to comply with all requirements of the Special Event Permit may result in permit revocation or denial of future applications. • Completion of an application does not guarantee event location, and/or issuance of a permit for the event. ATTACHMENT 1 20.1 Packet Pg. 279 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) • During the application review process, no advertising of the event should take place until the permit confirmation has been received. 1.3 Special Event Permit Application Deadlines A completed Special Event Permit application must be submitted not less than: • 20 business days before the date of the event for block parties • 45 business days before the date of the event for all other events not serving alcohol • 60 business days before the date of the event for events involving the sale or service of alcohol, or for events at the Civic Center Park/Washington Park event venue All required attachments for Special Event Permit applications must be submitted no later than 15 business days prior to the date of the event. Applications may not be submitted sooner than one year prior to the event date. The City reserves the right to deny the Event if the Applicant fails to comply with these application deadlines. 1.4 Special event Permit Fees & Deposits A non-refundable $100 application processing fee will be required for all events, except block parties. Events sponsored by a non-profit organization may receive a reduced application processing fee of $50.00, if the Applicant provides a letter from the non-profit organization which states that the event is for valid non-profit purposes under the Internal Revenue Code and lists the tax-exempt ID number; a copy of the tax-exempt certificate must also be attached. These fees cover administrative costs for review of the application and issuance of the permit. There may be additional fees and deposits associated with the event depending on the location, size, and the nature of your event. Special Events held in a public park, including Civic Center Park/Washington Park venue, must pay park rental fees and a security/damage deposit of $250 prior to issuance of the Special Event Permit. Park fees are subject to change as directed by the Director of Parks. This deposit, or any portion thereof, may be retained by the City to pay for any damage caused to the park or City property or for any costs incurred by the City due to the use of the park for the event. A larger damage deposit (see chart below) may be required if the City reasonably determines that the risk of any damage to City property due to the size or nature of the event exceeds $250. The Applicant is responsible for any damage to City property that is not covered by the security deposit. Participants Fee per Day Damage Deposit without Alcohol Damage Deposit Events with Alcohol 1-250 $100 (at least) $250 $500 251-500 $200 (at least) $250 $500 500-1499 $200 (at least) $250 $1,500 1500-2499 $200 (at least) $250 $2,500 2500+ $550 (at least) $250 $5,000 20.1 Packet Pg. 280 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) Notwithstanding any additional material or property damage arising from use, which will be collected as stated in the permit, the following percentage of the security deposit will be retained if any of the above permit conditions are not met: • 25% set up prior to time approved by Coordinator • 25% late tear down/cleanliness of space • 50% additional set up beyond stated equipment (e.g., tents when permit stated stage only) 1.5 Application Submission and Review The permitting process begins as soon as an Applicant submits an Event Application online. When the status of the application changes from “Submitted” to “Under Review”, the Special Event Office has begun to review the application. If more information is needed during review, the Applicant will be notified. Once the application is approved and all fees/deposits are collected, and required attachments have been received, the Applicant will receive a Permit for the event via email. Applications will be reviewed by FCPS, Safety, Security & Risk Management, PFA, Parks, Traffic Operations, and other appropriate departments as determined by the Coordinator prior to approval. This review process may require additional time if questions and/or problems with the application arise. 1.6 Special Event Review Meetings Based on the size and scope of the event, the Coordinator may request a meeting between the Applicant and relevant City departments to review applications that may pose a significant impact to surrounding neighborhoods and community resources. The purpose of this meeting is to review the permitting process, the permit application, as well as City rules, regulations, policies, and requirements. 1.7 Cancellation The City reserves the right to cancel, postpone, or reschedule the Event with 48 hours prior notice to the Applicant, other than in the case of an emergency or the existence of other conditions (including adverse weather and site conditions), in which case the City may cancel the Event with less notice. In the event of such emergency, the City will refund to the Applicant any fees paid to date, or attempt to reschedule the event to a new date. The City reserves the right to cancel, postpone, or reschedule the Event, or revoke a permit, if the Applicant fails to comply with these Terms and Conditions. In such event, the Applicant is not entitled to a refund of any fees paid, and the Applicant may be liable to pay additional costs incurred by the City due to the cancellation. Applicant may cancel, postpone, or reschedule the event with 48 hours prior notice to the City, other than in the case of an emergency or the existence of other conditions (including adverse weather and site conditions), to a date mutually agreed upon by the City and the Applicant. All fees and deposits paid will be returned to Applicant, or applied to the rescheduled event application. Section 2 – Special Event Permit requirements 20.1 Packet Pg. 281 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) 2.1 Site Plan/Route Map An aerial, clearly detailed site plan (for fixed events) or route map (for moving events) must be provided with an Event Application. Event Applications that do not contain clear and accurate maps cannot be approved. To ensure appropriate review of the Event, Applicants are encouraged to submit a site plan/route map electronically in (PDF) Portable Document Format. Applicants should refer to the Site Plan Checklist for site plan requirements and the Route Map Checklist for route map requirements. Omission of any checklist elements constitutes an incomplete site plan. The site plan must be scaled to accurately represent the location of each element of the Event. Route maps should be prepared using a route mapping program like GPSie, PlotARoute.com or RaceEntry.com, or another program as designated by the Coordinator. 2.2 Work Area Traffic Control Plan Events involving street or lane closures, including but not limited to, marches, parades, runs, walks, and bike rides, require a Special Event Permit, Work Area Traffic Control Plan, Work Area Traffic Control Plan Approval form, and a site plan or route map. It is the Applicant’s responsibility to provide traffic control devices for the Event, obtained from a professional traffic control company, at the Applicant’s expense. For the safety of participants and spectators, all events that utilize city streets may be required to provide fixed traffic control devices, volunteer course marshals/traffic monitors, paid traffic flaggers, or off-duty police officers. Requirements will be determined based on the size, scope, and impacts of the event. If there are street closures, PFA requires an emergency access path of no less than 20’ wide be maintained free and clear of all immovable objects on streets and fire apparatus access roads at all times during the event. Traffic control devices may be placed on public streets to prevent traffic from crossing, but cannot block emergency travel. If traffic control devices are used, Applicants must ensure staff is available to remove barricades, should emergency travel be necessary. 2.3 Notification to Surrounding Neighborhoods and Businesses All events involving street closures and/or amplified sound that may exceed the City’s noise code provisions are required to notify the surrounding neighborhoods and businesses impacted by the event in advance. The notification must provide the following information: • Date, time, location, and name of event • On-site contact information • Event hours (load in and load out times) • Street closures • Amplified sound hours (if applicable) • A site plan or route map attached Confirmation of such advanced notice must be provided to the City no less than five business days before the Event. 20.1 Packet Pg. 282 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) 2.4 Noise Variance Events with amplified music or announcements are subject to the City’s noise code provisions in Chapter 20, Article II. A Noise Variance may be requested by contacting Community Development & Neighborhood Services. For the Noise Ordinance Variance Form, visit: http://www.fcgov.com/specialevents/pdf/noise- variance-form.pdf Events held in Civic Center/Washington Park may only have amplified sound from 10:00 am to 9:00 pm on Friday and Saturday, and from 12:00 pm to 8:00 pm Sunday through Thursday. Otherwise, amplified sound may occur only from 9:00am to 10:00pm on Friday and Saturday, and from 9:00am to 8:00pm on Sunday through Thursday. During the Event, Code Compliance Officers from the Community Development and Neighborhood Services Department must be allowed access within the event for purposes of monitoring sound levels. For large events, at the City’s discretion, there may be a requirement for Code Compliance Officers to monitor sound levels, and a fee to cover the cost. A Code Compliance officer who determines the level of noise from the event exceeds allowable levels may issue a citation for a civil infraction violation. 2.5 Event Contingency and Emergency Response Plan Events may be required to complete an Emergency Contingency and Emergency Response plan for severe weather, medical emergencies, and other emergency situations. Applicants may be required to complete and submit the City’s Event Contingency and Emergency Response form. This information will be shared with the Emergency Management Team in case it is needed in an emergency situation during the event. 2.6 Recycling and Waste Management Plan The City requires a recycling and waste management plan at all events, addressing the requirements described in paragraph 6.5. Section 3 - Indemnification agreement Prior to the issuance of an event permit, unless the applicant is the City, the Coordinator shall require the applicant and authorized officer of the applicant's organization (if any) to sign an agreement for the permittee to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. All applicants, except those that are public entities, shall also agree to defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. Persons who merely join in an event are not considered by that reason alone to be "under the control" of the permittee. Section 4 – Insurance Proof of General Liability insurance coverage is required for most special events occurring on City property. The Coordinator in consultation with the Safety, Security & Risk Management office shall 20.1 Packet Pg. 283 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) determine whether to require such insurance, and the amount of insurance that shall be required, based upon the considerations routinely taken into account by the City in evaluating loss exposures, including, without limitation, whether the event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees and agents. A minimum of $1 million per occurrence liability policy with the City of Fort Collins listed as “additionally insured” is required before an Event Permit will be approved. Higher amounts may be required based on the event. The event name and dates should also be on the certificate, and the policy must be current through the event date. Section 5 - Traffic-control fees Applicants may be billed for actual traffic-control services required and rendered by the City. Section 6 - Duties of permittee 6.1 ADA Compliance All events are required to comply with all applicable City, County, State, and Federal Disability Access Requirements. All goods, activities, services, and benefits of the event (the “Amenities”) that are available to other members of the public must be made accessible to people with disabilities. If any portion of the event Amenities cannot be made accessible, an alternate area shall be provided with accessibility to the same Amenities that are offered in the inaccessible area. The Amenities cannot be offered only to patrons with disabilities. Access to Amenities offered may include, but is not limited to: concerts/shows, parking, restrooms, portable toilets, telephones, clear paths of travel, transportation, signage, vendor/booth goods, water fountains, shelter, first aid stations, and any other common Amenities. If all Amenities are not accessible in a public area, a map or program must be provided identifying where they are accessible. 6.2 Alcohol Applicant will not bring or consume or distribute any alcoholic beverages at the Site except with the City's prior written consent and a valid Special Event Liquor Permit issued pursuant to Chapter 3, Article III, Section 3-83.5 of the City Code. The Applicant will ensure that its officers, employees, contractors, subcontractors, licensees, and permittees comply with the Terms and Conditions of the Special Event Liquor Permit. Applicant will be required to describe how the perimeter of the event will be established (roping, fence, etc.), and how the applicant will keep alcohol from being removed from the event location. More information on Liquor Licensing here. 6.3 Carnivals and Circuses Carnivals and circuses may require permitting from multiple City departments/agencies, depending on where the carnival is taking place. Inspections and insurance will be required. 20.1 Packet Pg. 284 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) 6.4 Fireworks If fireworks or other pyrotechnic displays are to be a part of the Event, the Applicant will contract with a Fireworks Display Operator licensed by the State of Colorado. The Application for a Display Permit must be submitted by the Display Operator to the PFA for review. The Application to Display Permit from PFA does not automatically grant permission to shoot fireworks at the event. Other permits may be required, and the location of the event will be a determining factor in approving or denying fireworks at the event. 6.5 Trash, Recycling, and Post Event Cleanup The Applicant will dispose of all trash and recyclables generated by the Event daily, as well as immediately after conclusion of the Event, and will leave the Site in a clean and safe condition. The City encourages recycling at all events. Examples of recyclable materials include paper, aluminum, glass, plastic, and cardboard. The Applicant is responsible for providing appropriate recycling containers. If applicable, the Applicant will also provide appropriate containers for the disposal of grease and oil and dispose of such material as required by Trash and Recycling Municipal Code. The Site must be cleaned, including power washing if necessary, following the City's Storm Water Policies and Procedures, and all event items must be removed, including trash/recycling containers, power equipment, portable toilets, etc., by the next day of business no later than 6:00 a.m. 6.6 Permitted Use The Applicant will use the Site only for the Event as described in the Application, and for no other purpose without the City's prior written consent. The Applicant will not prune, cut, plant, damage, or remove vegetation, without prior written permission from the City. 6.7 Restoration The Applicant will remove any equipment, materials, installations, or other objects from the Site on or before the expiry or sooner termination of the Term. If the Applicant fails to do so, the City may, at its option, remove any such remaining equipment, materials, installations, or other objects and store the same at the sole cost and liability of the Applicant, provided that if the Applicant does not recover such items and compensate the City for any reasonable removal or storage costs therefore thirty (30) days after receipt of written notice to do so, the City may, at its option, dispose of such items and retain the proceeds, if any, pursuant to City policies, without liability for damage to or loss of any such items. 6.8 Restrooms Depending on the scope and size of the event, Applicant must provide portable restroom facilities as follows: one portable unit per 150 guests. ADA compliant accessible portable restrooms must be provided. 6.9 Safety/Security FCPS will work closely with Applicant to review the security needs for the event. Depending on the size, scope, location or other public safety related considerations of the event, Police Services may require officers or professional security personnel on-site during the event to protect the safety of people and 20.1 Packet Pg. 285 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) property. Applicant will be notified of the requirements for police personnel and will be responsible for the cost of those officers. The Applicant must designate a contact person with decision making authority who will be continuously available to law enforcement personnel and present at the event. PFA may charge large events for services, including but not limited to, on-site walk through, plan review, on-site incident command, on-site emergency care, and fire prevention. The cost of staffing PFA personnel for the event will be the responsibility of the Applicant. 6.10 Sale of Food, Beverage, or Merchandise Individual vendors selling or distributing food, beverage, or merchandise at the event are not required to obtain an Outdoor Vendor License if a Special Event Permit has been issued for the event. The Applicant must provide the City Sales Tax Office with a written list of all authorized vendors at the Event. Any person who intends to sell any goods or services on the Site must first obtain a Sales Tax License from the City's Sales Tax Office. Each individual vendor will be required to have their own Sales Tax License. The signed license must be displayed and easily visible on the vendor(s) equipment while at the event. The Applicant is responsible for ensuring that the vendors participating in the event comply with these requirements. If non-packaged food is being sold at the Event, the Applicant must direct the vendors to complete the Larimer County food vendor application. All vendors at the Event who cook or heat food with any flames or deep frying, must comply with the regulations set forth by PFA. These vendor requirements are listed on PFA's website, and a copy must be distributed by the Applicant to each of the event’s vendors prior to the beginning of the event. 6.11 Smoking The Applicant will prohibit smoking at the Event in accordance with Chapter 12, Article III of the City of Fort Collins Municipal Code. All smoking is prohibited at events permitted by the City, on City owned property, or in the downtown Fort Collins Smoke-Free Zones. More information on Smoking in Fort Collins, including a map, can be found here. 6.12 Staking and Utility Locates Any staking into the ground deeper than 6" will require a call to the Utility Notification Center of Colorado for Utility Locates (811 or 1-800-922-1987). The Applicant will provide electrical power required for the purposes of the Event. The Applicant may schedule a meeting with City Parks staff at least two weeks prior to the date of the event to determine irrigation line locates, electrical needs, water needs, and to discuss any other potential problems associated with the event. Failure to timely schedule and attend this meeting may result in revocation of the Special Events Permit. For the Parks Department, call 970- 221-6660. 6.13 Tents, Inflatables, and Temporary Structures All tents or other air supported membrane structures greater than 400 square feet (20’ x 20’) must obtain a tent permit from PFA. Any canopy over 700 square feet also requires this permit. 20.1 Packet Pg. 286 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) __________________________________ Darin Atteberry, City Manager Date: __________________________ APPROVED AS TO FORM: _________________________________ Assistant City Attorney 20.1 Packet Pg. 287 Attachment: Special Event Permit Terms and Conditions (6355 : Special Events Code Revisions) 1 Special Event Municipal Code Revisions Jan Sawyer, Special Event Coordinator Lt. Jim Byrne, Fort Collins Police Services January 16, 2018 ATTACHMENT 2 20.2 Packet Pg. 288 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Special Event Coordination Program Special Event Coordinator: Position created in 2015 • Coordinates Special Event Permit work by City staff • Central point of contact for event producers, citizens, businesses, City staff and leadership • Key 2017 deliverables: - Update and revise Municipal Code pertaining to special events - Streamline application process by developing an online Special Event Permit application City Departments Reviewing Special Event Permits City Attorney’s Office City Clerk – Liquor Licensing Code Enforcement CPIO Parking Services Parks Police Services Poudre Fire Authority Safety & Risk Management Special Event Coordinator Streets Traffic Transfort 2 20.2 Packet Pg. 289 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Fort Collins Municipal Code – Special Events 3 Section 23-5: Special Events & Demonstrations • Has not been updated in more than a decade • Major changes requested include: • Updated definitions • Definition of Special Event Coordinator • Creation of Terms & Conditions 20.2 Packet Pg. 290 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Revised Definitions Revisions to Definitions in Section 23.5-2 • Minor revisions to Block Party for clarification • Change “Coordinator” from Police Chief to Special Event Coordinator • Add Funeral Procession definition to differentiate from a parade • Clarifications to definition of Special Event 4 20.2 Packet Pg. 291 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-3 -- Permit Required (a) Include requirement for special event permit for events, “on private property where the event impacts a public right of way or adjacent property uses…” • Formalizing a practice already conducted informally with private property owners whose events have significant traffic or safety impacts • New Belgium Brewing, Odell Brewing and The Coloradoan have all worked cooperatively with Fort Collins Police Services and the Special Event Coordinator to implement traffic control and safety measures for events held on their private property that impacted traffic flow or pedestrian safety 5 20.2 Packet Pg. 292 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-4 – Demonstration Notice Required (a) & (b) A twenty-four (24) hour notice requirement for gatherings of more than 50 persons primarily involving the communication, or expression of views or grievances. Gatherings defined as demonstrations may be subject to reasonable time, place, manner or route restrictions, if deemed necessary for the safety of participants and/or the public (c) Those organizing a demonstration of more than 50 persons, more than 24-hours in advance of the activity, are encouraged to contact the Coordinator as soon as practicable prior to the demonstration to determine if any elements are subject to permits or conditions related to public safety • Demonstrations are typically last minute gatherings of persons communicating views or airing grievances, and cannot meet the timelines to apply for a Special Event Permit • Coordinator will review demonstrations planned further out to determine if any elements of their activity (tents, vendors, etc.) are subject to permits or conditions related to public safety 6 20.2 Packet Pg. 293 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-4 -- Permit Requirements Administrative regulations. The City Manager or his/her designee is authorized to promulgate such rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration and enforcement of this Chapter. • Staff recommends that Special Event Permit application procedures, fees, and requirements be moved from Municipal Code into an administrative Terms and Conditions document approved by the City Manager 7 20.2 Packet Pg. 294 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Municipal Code Revisions – Special Events 8 Terms and Conditions for Special Event Permit Applications: Application Fee Increase: • $100 application processing fee • $50 for not-for-profit organizations • No fee for neighborhood block parties Application Deadlines: • Lengthened to provide adequate time for staff review 20.2 Packet Pg. 295 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Municipal Code Revisions – Special Events 9 Additional Requirements Added to Terms and Conditions for Special Events: • Event compliance with the Americans with Disabilities Act • Review meeting between event producer and City staff • Portable restrooms • Notifications to affected residents & businesses • Safety & security plans • Site plan & route maps • Compliance with the City’s No Smoking Ordinance • Trash, recycling & post-event clean-up 20.2 Packet Pg. 296 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Special Event Coordinator Program: 2018 Deliverables • Develop a mechanism for neighborhood input on events • Procedures for gathering input from affected neighborhoods • Determine how input is used in approving Special Event Permits • Develop a tiered event system • Events categorized by size, scope, longevity, and impacts • Permit requirements and fees correspond to tier designation • Develop a matrix to quantify impacts of events both positive and negative • Review and update permit fees to recover administrative costs • Add commercial film permitting to the SEC program Municipal Code Revisions – Special Events 10 20.2 Packet Pg. 297 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) Municipal Code Revisions – Special Events Thank you for your time and consideration Questions & Discussion 11 20.2 Packet Pg. 298 Attachment: Powerpoint presentation (6355 : Special Events Code Revisions) -1- ORDINANCE NO. 018, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23.5 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SPECIAL EVENTS WHEREAS, on April 21, 1987, the City Council adopted Ordinance No. 018, 1987, establishing standards for issuing City permits for special events; and WHEREAS, the Special Event Coordinator program was created in 2015 to facilitate and coordinate the issuance of special event permits by various City departments, while also providing a central point of contact for event producers, citizens, businesses, and City staff seeking information or guidance about special events; and WHEREAS, since that time, staff has been working diligently to update their processes and procedures regarding the issuance of special event permits; and WHEREAS, the City has a right and a responsibility to regulate the time, place and manner of special events to protect the public health and safety of its residents, and to reduce the adverse impacts on public spaces, the environment, businesses and neighborhoods in the City; and WHEREAS, after thorough review of Chapter 23.5, City staff is recommending that it be amended to do the following: • be consistent with current practices including designating the Special Event Coordinator as the staff person responsible for special events and revising the dates for application submittals and appeals; • exclude funeral processions from the special event permit requirements because Fort Collins Traffic Code Section 1417 already regulates funeral processions; • be more clearly consistent with the current state of applicable First Amendment case law by distinguishing demonstrations from special events, and specifying different notice requirements for demonstrations; • reduce the potential for adverse impact on public spaces by revising the definition of special event in the City Code to include events on private property that substantially impact a public right of way or adjacent public property; and • authorize the City Manager to approve permit terms and conditions to reduce the level of discretion the Special Event Coordinator has in making these decisions; • incorporate the permit conditions, permittee duties, indemnification and insurance provisions, and fees and deposits into the terms and conditions as approved by the City Manager to allow for more flexibility in making timely changes to these Packet Pg. 299 -2- provisions consistent with policy, practice, and law, while ensuring there is not unfettered discretion in adopting such changes; and WHEREAS, the Council has determined that the proposed amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 23.5 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-1. Purpose. This Chapter establishes the standards for the issuance of a permitrequirements for special events, parades, block parties, and demonstrations in the City. Unless expressly stated herein, the requirements of this Chapter do not replace or substitute for other permitting requirements that may apply to activities held on public properties as may be set forth in other chapters of this Code. Sec. 23.5-2. Definitions. Applicant shall mean any person or organization who seeks a permit from the City to conduct or sponsor an event governed by this Chapter. An applicant must be eighteen (18) years of age or older. Block party shall mean a festive gathering of neighbors on a residential street including but not limited to barbecues, picnics, music, or games. requiring the closure of a street or a portion thereof to vehicular traffic and use of the street for the festivity, including barbecues, picnics, music or games. 25. Coordinator shall mean the Chief of Police Special Event Coordinator or his or her designee. Demonstration shall mean a rally, picketing, speechmaking, marching, vigil, religious services or any other similar gathering or parade that primarily involves the communication or expression of views or grievances, engaged in by more than one (1) person, that occurs on a street or highway, including sidewalks, or on a publicly owned outdoor mall or plaza, or on other property owned or leased by the City, which demonstration activity does not comply with traffic laws and controls or which may, in the reasonable judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the subject property, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the general public or participants in the activity demonstration or other persons. Packet Pg. 300 -3- Event shall mean all demonstrations and special events as defined herein. Funeral or funeral procession shall mean a coordinated array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a coordinated procession (unless led by a state or local law enforcement vehicle) and each vehicle participating in the procession is operating its headlights, as further described in Section 1417 of the City of Fort Collins Traffic Code. Parade shall mean a march or procession not primarily involving the communication or expression of views or grievances, consisting of persons, animals or vehicles, or combination thereof, on any street or highway, including sidewalks, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or controls. Permit or special event permit shall mean a permit issued for either a demonstration a special event or special event as defined in this Section. Permittee shall mean any person or organization who has been issued an event permit by the Coordinator. Public entity shall mean the State; any institution, agency, instrumentality, authority, county, municipality, city and county, district or other political subdivision of the State, including any school district and institution of higher education. Special event or event shall mean a parade, athletic contest, block party, parade, street fair, festival, outdoor concert, art and craft show, carnival, fun run or walk, bike ride or race or foot race, block party, soap box derby, or other outdoor event which is not a demonstration as defined in this Section, that occurs on a street or highway, including sidewalks, or on a publicly owned outdoor mall or plaza or park, or on other property, including private property and property owned or leased by the City, which event does not comply with traffic laws and controls or which may, in the reasonable judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the property impacted by the event, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the public property or which may create a significant risk of injury to the general public or participants in the event or other persons. Special event terms and conditions shall mean the document setting forth the administrative requirements, rules and regulations governing special events that is approved as to form by the City Attorney’s Office, and adopted by the City Manager pursuant to §23.5-3. Street or highway has the same meaning as defined in Part 20 of the Fort Collins Traffic Code, as adopted in Section 28-16, and includes bike and pedestrian lanes or paths. Sec. 23.5-3. Permit required. Packet Pg. 301 -4- (a) Any person desiring to conduct an event in the City, including on private property where the event impacts a public right of way or adjacent public property uses, shall first obtain a permit under this Chapter. from the Coordinator; provided, however, that (b) Aan event permit shall not be required for the following: (1) Events that occur exclusively within City natural areas or recreation areas, as the same are defined in this Chapter, and do not involve the closure of any streets or sidewalks that are normally open to the public. All events within City natural areas or recreation areas that do involve the closure of such streets or sidewalks shall be reviewed by the Coordinator and shall be subject to the permit requirements of this Chapter, but only with regard to that portion of the event which occurs upon or affects the streets or sidewalks. Other activities conducted within the natural areas or recreation areas in conjunction with such events shall be regulated according to the requirements of Chapter 23, Articles IX and X, respectively.; (2) Parades involving a total of forty (40) fifty (50) or fewer pedestrians marching along a route that is restricted to sidewalks and which crosses streets only at pedestrian crosswalks in accordance with traffic regulations and controls; pedestrians participating in such parades shall cross streets in groups of fifteen (15) people or less, and shall allow vehicles to pass between each group; (3) Funeral processions; (4) Demonstrations. (c) Special event permit applications may not be submitted sooner than one (1) year prior to the event date. Such submissions by any person desiring to conduct a special event in the City must occur not less than: (1) twenty (20) business days before the date of the event for block parties; (2) forty-five (45) business days before the date of the event for all other events not serving alcohol; or (3) sixty (60) business days before the date of the event for events involving the sale or service of alcohol, or for events at the Civic Center Park/Washington Park event venue. Sec. 23.5-4 Demonstration notice required. (a) Any person desiring to conduct a demonstration in the City, including on private property where the activity impacts a public right-of-way or adjacent public property use, shall file a notification of demonstration with the Coordinator in the manner established by the Coordinator at least twenty-four (24) hours prior to the demonstration. Failure to provide such notice may result in restriction, relocation, or prohibition of the activity. Packet Pg. 302 -5- (b) The Coordinator and public safety officials need advance notice of a demonstration so they can advise demonstration organizers of permissible activities pursuant to the City Code, determine whether additional security is needed based upon the number of anticipated participants, and work with demonstration organizers to determine reasonable time, place, manner, location and route restrictions to protect the safety of persons and property. (c) Any person organizing a demonstration more than twenty-four (24) hours in advance, expected to involve more than fifty (50) persons, or where the activity is expected to substantially impede or interfere with vehicular traffic or pedestrian use of any public right-of-way, is encouraged to contact the Coordinator as soon as practicable prior to the activity, to determine whether elements of such activity not related to the communication or expression of views or grievances are subject to a permit or conditions related to public safety. Sec. 23.5-45. Application procedure; fee Permit application dates; fees; deposits. (a) Any person desiring to sponsor an event not exempted by § 23.5-3 shall apply for an event permit by filing a verified application with the Coordinator on a form supplied by the Coordinator. Applications must be submitted not less than twenty (20) business days for block parties, as defined in § 23.5-2, forty-five (45) business days for events involving the sale or service of alcohol, and thirty (30) business days for all other events, nor more than one (1) year before the event date. (b) If the application is for a demonstration, the Coordinator shall, upon a showing of good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police services for the event. Good cause may be demonstrated by the applicant by showing that the circumstance that gave rise to the application did not reasonably allow the applicant to file within the time prescribed. (c) If the applicant is not an organization qualified for exemption from the payment of City sales and use taxes pursuant to § 25-94, the application for a permit shall be accompanied by a nonrefundable permit application fee in an amount set by the City Manager in accordance with § 7.5-1. The fee shall cover, but not exceed, the full cost of processing and investigating such permit applications and administering the permit program. No permit application fee shall be charged to organizations qualified for exemption from the payment of City sales and use taxes pursuant to § 25-94. (a) Any person desiring to obtain an event permit must file a complete application, including all required attachments, with the Coordinator within the time periods set in the administrative rules and regulations, and special event terms and conditions. (b) Prior to issuance of a permit, the applicant shall pay to the City all applicable fees and deposits in amounts determined by the City Manager in accordance with § 7.5-1 to be sufficient Packet Pg. 303 -6- to cover the full cost of processing and investigating such permit application and administering the permit program set forth in this Chapter. (c) Upon approval of an application for an event permit, the Coordinator shall provide the applicant with a statement of the estimated cost of providing peace officers for traffic-control or security at the event. The applicant shall be invoiced for the estimated traffic-control or security costs. Traffic-control includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event. (d) Traffic control and security charges shall be paid within ten (10) days of the date on the invoice, even if the applicant is seeking appeal under § 23.5-9. Sec. 23.5-56. Action on application. The Coordinator shall approve, conditionally approve or deny an application on the grounds specified in § 23.5-6 this Chapter. Such action shall be taken no later than five (5) business days for block parties, thirty (30) business days for events involving the sale or service of alcohol, and fifteen (15) business days for all other events after receiving a completed application and applicable and fees, if applicable. If the application is denied or conditionally approved, the Coordinator shall inform the Aapplicant in writing of the grounds for denial or the conditions on the permit and the Aapplicant's right of appeal under § 23.5-9. If the Coordinator relied on information about the event other than that contained in the application, he or she shall inform the applicant of such information. If the Coordinator refuses to consider a late application under Subsection 23.5-4(b), he or she shall inform the Aapplicant in writing of the reason for the refusal, and of the Aapplicant's right of appeal. Sec. 23.5-67. Grounds for denial of application. (a) The Coordinator shall approve an application for an event permit unless he or she determines, from a consideration of the completed application and other pertinent information, that: (1) Information contained in the application, or supplemental information requested from the Aapplicant, is found to be materially false in any material detail; or (2) The Aapplicant has failed to complete the application form within the time frame permitted by the Coordinator after having been notified of any additional information or documents required; or (3) Another event permit or application has been received prior in time, or has already been approved, to hold another event on the same date and time requested by the applicant, or so close in time and place as to cause undue traffic congestion, or burden the City's ability to meet the needs of the demand for police, fire or other emergency services to the remainder of the City due to more than one (1) event occurring anywhere in the City; or Packet Pg. 304 -7- (4) The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic on or contiguous to the event site or route or will disrupt the use of a street or highway at a time when it is usually subject to traffic congestion; or (5) The size, nature or location of the event will present a substantial risk to the health or safety of the public or participants in the event or other persons; or (6) The size of the event will require diversion of so great a number of peace officers of the City to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City; nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of participants with the number of peace officers available to police the event; or (7) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, parks, or other City facilities or a previously granted encroachment permit; or (8) The event shall occur at a time when a school is in session on a route or at a location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class; (9) The event involves the use of hazardous, combustible or flammable materials which could create a fire or safety hazard; (10) The event will violate an ordinance or statute; (11) The applicant has failed to pay costs, fees or deposits for the application or for previous special events permits; or (12) The applicant has failed to abide by the requirements or conditions of previous special events permits. (b) When the grounds for denial of an application for permit specified in Paragraphs (a)(4) through (a)(9) above can be corrected by altering the date, time, duration, route or location of the event, the Coordinator shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with said Paragraphs. Sec. 23.5-78. Permit conditions. (a) The Coordinator may condition the issuance of an event permit by imposing reasonable requirements concerning the time, place and route of the Eevent and such requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions Packet Pg. 305 -8- may include but are not limited to those described in § 23.5-10 and as set forth in administrative policies and procedures, rules and regulations, and special event terms and conditions adopted by the City Manager. include but are not limited to the following: (1) Alteration of the date, time, duration, frequency, route or location of the event; (2) Conditions concerning the area of assembly and disbanding of parades or other events occurring along a route; (3) Conditions concerning accommodation of available parking, pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of- way; (4) Requirements for the use of traffic cones, barricades or other traffic-control devices to be provided, placed and removed by the permittee at its expense; (5) Requirements for provision of emergency access and first aid or sanitary facilities; (6) Requirements for arrangement of supplemental fire protection personnel to be present at event at the permittee's expense; (7) Requirements for use of event monitors and providing notice of permit conditions to event participants; (8) Restrictions on the number and type of vehicles, animals or structures at the event and inspection and approval of floats, structures and decorated vehicles for fire safety by the Poudre Fire Authority; (9) Requirements for use of garbage containers, cleanup and restoration of City property; (10) Restrictions on use of amplified sound; (11) A requirement that an event permit to conduct a block party may be conditioned on the giving of notice to the residents of dwellings along the affected street(s); (12) Compliance with any relevant law and obtaining any legally required permit or license, including, without limitation, a temporary vendor's license under § 15-382 et seq., a special event liquor license under Section 12-48-101 et seq. C.R.S., and a natural area or recreation area permit pursuant to the requirements of Chapter 23, Articles VIII or IX, respectively; (13) Requirements for posting a deposit for cleanup costs anticipated due to the event; Packet Pg. 306 -9- (14) Designation by the applicant of a contact person with decision making authority who will be continuously available to law enforcement personnel and present at the event. (b) Failure to comply with permit conditions shall result in the revocation of the permit and termination of the event. Sec. 23.5-89. Appeal procedure. The Aapplicant shall have the right to appeal the denial of a permit, or the imposition of a permit condition, or a fee under § 23.5-5. A notice of appeal shall be filed with the City Manager's office with a copy to the Coordinator, setting forth the grounds for the appeal within five (5) three (3) business days after mailing or personal delivery receipt of a notice of denial or permit condition. Such receipt of notice shall be presumed three (3) business days after the date of mailing to the address provided in the application. The City Manager or his or her designee shall administratively review the decision to deny the permit or impose conditions no later than ten (10) five (5) business days after the filingreceipt of the appeal notice. No hearing on the matter shall be required. The applicant and the Coordinator may present written evidence and/or argument to assist the City Manager or designee's review. The City Manager or his or her designee shall render his or her written decision no later than one (1) business day thereafter reviewing the decision. In the event that a notice of appeal is filed in accordance herewith but fewer than six (6) business days prior to the requested date for an event for which a permit has been denied, the City Manager shall conduct the review and issue his or her decision no later than two (2) business days after the filing of the appeal. If the City Manager determines that circumstances do not permit the completion of such review and decision at least one (1) full business day prior to the time and date for the initiation of an event regarding which an appeal is pending, he or she shall notify the appealing applicant of said determination in writing and said applicant shall be entitled, but not required, to seek judicial review of the permit denial or permit conditions with no further administrative review. The City Manager's decision shall be final, subject only to such judicial review as may be available under the Colorado Rules of Civil Procedure. Sec. 23.5-910. Permit issuance; rules and regulations; terms and conditions. (a) The City Manager or his or her designee is authorized to promulgate such rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration, and enforcement of this Chapter. If, after review of the criteria contained in § 23.5-6 above, the Coordinator determines that a permit should be granted, (b) The Coordinator shall act in accordance with the City Manager’s rules and regulations. (c) tThe Coordinator shall issue the event permit once the applicant has acknowledged and agreed in writing to comply with all the rules and regulations and special event terms and conditions terms and conditions of the permit, including but not limited to the following: and the following sections of this Chapter have been complied with: Packet Pg. 307 -10- (1) Section 23.5-10 pertaining to iIndemnification agreement; (2) Section 23.5-11 pertaining to iInsurance coverage; (3) Section 23.5-12 pertaining to traffic-control fees; and (4) Section 23.5-13 pertaining to cleanup deposits (when applicable) (3) Application deadlines; (4) Site plan / route map requirements; (5) Notification requirements; (6) Noise variance (when applicable); (7) Emergency response plan; (8) Recycling and waste management plan; (9) ADA requirements; (10) Alcohol, smoking and firework restrictions; (11) Safety and security requirements; (12) Restoration requirements; (13) Sale of food, beverage, or merchandise restrictions; (14) Staking and utility locate restrictions; (15) Any and all special event terms and conditions. Application approval may be dependent or conditioned on reasonable time, place, and manner restrictions, as well as applicant’s ability to address public property and safety concerns. Sec. 23.5-10. - Indemnification agreement. Prior to the issuance of an event permit, unless the applicant is the City, the Coordinator shall require the applicant and authorized officer of the applicant's organization (if any) to sign an agreement for the permittee to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. All applicants, except those that are public entities, shall also agree to defend Packet Pg. 308 -11- the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. Persons who merely join in an event are not considered by that reason alone to be "under the control" of the permittee. Sec. 23.5-11. - Insurance. (a) Prior to the issuance of an event permit, the Coordinator may require the applicant and authorized officer of the applicant's organization (if any) to possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. The Coordinator shall determine whether to require such insurance, and the amount of insurance that shall be required, based upon the considerations routinely taken into account by the City in evaluating loss exposures, including, without limitation, whether the event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees and agents. (b) If insurance coverage is required pursuant to Subsection (a) above, a copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Coordinator no less than five (5) days before the date of the event unless the Coordinator for good cause changes the filing deadline, in which event such documents shall be provided on the date and time specified by the Coordinator. (c) The insurance requirements of Subsections (a) and (b) above shall be waived by the Coordinator for demonstrations if the applicant or an officer of the applicant's organization signs a verified statement that he or she believes the event is a demonstration under the definition in this Chapter, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one (1) insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage. (d) If the Coordinator waives the insurance requirements set forth in Subsections (a) and (b), the City may, in its discretion, require the applicant to apply for insurance coverage for the event under a policy selected by the City. The applicant must provide any information pertinent to qualifying for the insurance coverage. The premium for such insurance coverage would be paid by the City rather than the applicant. (e) Notwithstanding any provision of this section to the contrary, the Coordinator shall require all public entity permit holders to provide public liability insurance as required by Subsection (a) above in lieu of indemnifying the City under the provisions of Section 23.5-10. Sec. 23.5-12. - Traffic-control fees; optional use of pre-established event routes. Packet Pg. 309 -12- (a) Prepayment of fees. Upon approval of an application for an event permit, the Coordinator shall provide the Applicant with a statement of the estimated cost of providing peace officers for traffic-control or security at the event. The Applicant of the event shall be required to pay the estimated traffic-control or security fees no later than five (5) days prior to the event unless the Coordinator for good cause changes the filing deadline, in which event such documents shall be provided on or before the deadline given by the Coordinator. Traffic-control includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event. (b) Computing traffic-control fees . Traffic-control fees will be computed based on an hourly rate with a minimum charge of two (2) hours per officer or supervisor. The hourly rate is based upon negotiated benefits for peace officers and will be updated periodically. The Coordinator shall keep a record of such rate. (c) Refunds or overruns . If the actual cost for traffic control on the date of the event is less than the estimated cost pursuant to Subsection (a) above, the difference will be promptly refunded to the applicant by the City, subject, however, to the minimum stated in Subsection (b) above. If the actual cost for traffic control is more than the estimated cost, the City shall bill the applicant for the excess and the applicant shall pay the same within ten (10) days of the date of the bill. (d) Preestablished event routes and fees . The Coordinator may preestablish several event routes and times within the City which are not required to be used by applicants. The routes shall specify the number of officers and traffic-control devices or marshals needed for traffic control on the routes, if any. Such preestablished event routes and times and the fee schedule for traffic- control services shall be made available to the public. (e) Waiver of fees for demonstrations . Traffic-control fees will be waived by the Coordinator for demonstrations if the following conditions are satisfied: (1) The applicant signs a verified statement that he or she believes the event's purpose is First Amendment expression, and that he or she has determined that the cost of traffic- control fees is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; and (2) The applicant selects one (1) of the preestablished event routes. Sec. 23.5-13. - Cleanup deposits for certain events (a) In connection with an event involving the sale of food or beverages, erection of structures, presence of horses or other large animals, or erection of water aid stations, the applicant shall be required to provide a cleanup deposit prior to the issuance of a permit. The cleanup deposit shall be in the amount established by the Coordinator, based upon an estimate of the actual costs reasonably estimated to be incurred by the City in the cleanup of an event of like nature and size. Packet Pg. 310 -13- (b) The cleanup deposit shall be returned after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event. (c) If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost to the City for cleanup and restoration, and the cleanup deposit (or a portion thereof) shall be applied toward payment of the bill. If the applicant disputes the bill, he or she may appeal to the Coordinator within ten (10) days of the date of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant. Should the amount of the bill exceed the cleanup deposit, the difference shall be billed to the applicant by the City and the applicant shall pay the same within ten (10) days of the date of the bill. Sec. 23.5-14. - Duties of permittee. (a) The permittee shall comply with all terms and conditions of the special event permit. (b) The permittee shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event, is familiar with all the provisions of the permit and carries the event permit on his or her person for the duration of the event. (c) The permittee shall ensure that the area used for the event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event. Sec. 23.5-1511. Revocation of permit. (a) The Coordinator or a designee may, at any time prior to an event, revoke or terminate a permit that has been issued for the event if conditions change so that the permit application could have been denied in the first instance. (b) The Coordinator, or a designee, or Fort Collins Police Services may revoke or terminate the permit during the course of the event if continuation of the event presents a clear and present danger to the participants or the public. (c) The Coordinator or designee may revoke the permit and terminate the event during the course of the event for noncompliance with special event terms and permit conditions. (d) The applicant is not entitled to a refund of any fees paid, and the applicant may be liable to pay additional costs incurred by the City due to the revocation. Sec. 23.5-1612. Violations; penalties. (a) It is unlawful for any person to sponsor or conduct a parade, or athletic event, other special event or demonstration requiring an event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a permit. Packet Pg. 311 -14- (b) It is unlawful for any person to interfere with or disrupt a lawful demonstration, event or parade, athletic event or other special event. (c) It is unlawful for any person to conduct a demonstration requiring a notification of demonstration without first providing the required notice. (d) It is unlawful for any person to sponsor or conduct a demonstration that does not comply with all reasonable time, place, manner, and route restrictions deemed necessary by the Coordinator and public safety officials. (ce) The event permit authorizes the permittee to conduct only such event as is described in the permit in accordance with the special event terms and conditions of the permit. It is unlawful for the permittee to knowingly violate the special event terms and conditions of the permit, or for any event participant with knowledge thereof to knowingly violate the special event terms and conditions of the permit. (df) In addition to the penalties set forth in § 1-15, the Coordinator may consider the violation of the special event terms and conditions of a previous permit in approving or denying future event applications by the same applicant or organization. Section 3. That Sections 23.5-13 through 23.5-16 of the Code of the City of Fort Collins shall be reserved. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 312 -15- Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 313 City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV, Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Electric Utility Enterprise Board Meeting January 16, 2018 (after the Regular Council Meeting) • CALL MEETING TO ORDER 1. Second Reading of Ordinance No. 002, Agreeing to, Authorizing and Directing the Repayment of the $1.8 Million Loan from the General Fund for the Electric Utility's Startup Costs for its Provision of Telecommunication Facilities and Services to be Repaid from the Proceeds of Revenue Bonds Issued by the Enterprise to Fund Such Facilities and Services. (staff: Mike Beckstead; no staff presentation; 5 minute discussion) This Ordinance, unanimously adopted on First Reading on January 2, 2018, represents the Electric Utility Enterprise’s agreement, authorization and direction to repay $1.8 million, plus 2.75% interest, to the General Fund when the Light & Power Fund receives the anticipated proceeds from the Enterprise’s planned issuance of revenue bonds for the Electric Utility’s provision of telecommunication facilities and services. City Council’s Ordinance No. 010, 2018, authorized the General Fund to loan $1.8 million to the Light & Power Fund to be used by the Electric Utility for its start-up costs to provide telecommunication facilities and services. The operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 002, has been updated for Second Reading to be consistent with amended data presented in Ordinance No. 010, 2018. The revised table reflects the latest final planned budget for first year operation and maintenance expenses. • OTHER BUSINESS • ADJOURNMENT ELECTRIC UTILITY ENTERPRISE BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 16, 2018 Electric Utility Enterprise Board STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Second Reading of Ordinance No. 002, Agreeing to, Authorizing and Directing the Repayment of the $1.8 Million Loan from the General Fund for the Electric Utility's Startup Costs for its Provision of Telecommunication Facilities and Services to be Repaid from the Proceeds of Revenue Bonds Issued by the Enterprise to Fund Such Facilities and Services. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, represents the Electric Utility Enterprise’s agreement, authorization and direction to repay $1.8 million, plus 2.75% interest, to the General Fund when the Light & Power Fund receives the anticipated proceeds from the Enterprise’s planned issuance of revenue bonds for the Electric Utility’s provision of telecommunication facilities and services. City Council’s Ordinance No. 010, 2018, authorized the General Fund to loan $1.8 million to the Light & Power Fund to be used by the Electric Utility for its start-up costs to provide telecommunication facilities and services. The operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 002, has been updated for Second Reading to be consistent with amended data presented in Ordinance No. 010, 2018. The revised table reflects the latest final planned budget for first year operation and maintenance expenses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (PDF) 1 Packet Pg. 2 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 2, 2018 Electric Utility Enterprise Board STAFF Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 002, Agreeing to, Authorizing and Directing the Repayment of the $1.8 Million Loan from the General Fund for the Electric Utility's Startup Costs for its Provision of Telecommunication Facilities and Services to be Repaid from the Proceeds of Revenue Bonds Issued by the Enterprise to Fund Such Facilities and Services. EXECUTIVE SUMMARY The purpose of this item is to present to the Electric Utility Enterprise Board (the “Board”) an ordinance related to City Council’s Agenda Item 20 in which it is authorizing the General Fund to loan $1.8 million to the Light & Power Fund to be used by the Electric Utility for its start-up costs to provide telecommunication facilities and services. The Board’s Ordinance represents the Enterprise’s agreement, authorization and direction to repay the $1.8 million, plus 2.75% interest, to the General Fund when the Light & Power Fund receives the anticipated proceeds from the Enterprise’s planned issuance of revenue bonds for the Electric Utility’s provision of telecommunication facilities and services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACTS The $1.8 million loan from the General Fund will be repaid from the Light and Power Fund, together with interest at 2.75%, with the proceeds that are received from the revenue bonds anticipated to be issued by the Electric Utility Enterprise to fund the Electric Utility’s provision of telecommunication facilities and services. ATTACHMENT 1 1.1 Packet Pg. 3 Attachment: First Reading Agenda Item Summary, January 2, 2018 (6381 : SR 002 Broadband) -1- ORDINANCE NO. 002 OF THE CITY OF FORT COLLINS ELECTRIC UTILITY ENTERPRISE BOARD AGREEING TO, AUTHORIZING AND DIRECTING THE REPAYMENT OF THE $1.8 MILLION LOAN FROM THE GENERAL FUND FOR THE ELECTRIC UTILITY’S STARTUP COSTS FOR ITS PROVISION OF TELECOMMUNICATION FACILITIES AND SERVICES TO BE REPAID FROM THE PROCEEDS OF REVENUE BONDS ISSUED BY THE ENTERPRISE TO FUND SUCH FACILITIES AND SERVICES WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 060, 1993 establishing the City’s Electric Utility (the “Electric Utility”) as an enterprise of the City under Section 20 of Article X of the Colorado Constitution (the “Enterprise”) and authorized the City Council, acting as the board of the Enterprise (the “Enterprise Board”), to issue revenue bonds and other debt obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations are payable solely from the net revenues derived from the operation of the Electric Utility; and WHEREAS, at a special election on November 3, 2015, City voters authorized the City to provide high-speed internet services, including, without limitation, high-bandwidth broadband services, telecommunications services, and/or cable television services within the City’s growth management area; and WHEREAS, at a special election on November 7, 2017, City voters approved an amendment to the City Charter, which has added a new Section 7 to Charter Article XII (“Section 7”); and WHEREAS, Section 7 grants to City Council the power, by ordinance and without a vote of the electors, to authorize the Electric Utility to acquire, construct, provide, fund and contract for “telecommunications facilities and services,” including, without limitation, “broadband Internet facilities and services,” as both these terms are defined in paragraph (f) of Section 7 (“Telecommunication Facilities and Services”); and WHEREAS. Section 7 also grants to the Enterprise the power to issue revenue bonds and other debt obligations to fund the provision of Telecommunication Facilities and Services; and WHEREAS, at the November 28, 2017 City Council Work Session, there was a discussion concerning the City’s project to provide such Telecommunication Facilities and Services, which included an estimated timeline, major milestones, appropriation and governance recommendations, and City staff highlighted the need to dedicate resources to support further development and details associated with a municipal retail model for the Electric Utility to start providing Telecommunication Facilities and Services; and WHEREAS, in pursuit of that plan, staff has requested an appropriation of $1.8 million from General Fund reserves be loaned to the Electric Utility to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, branding to support the Packet Pg. 4 -2- initiative and other operations and maintenance costs to begin providing Telecommunications Facilities and Services; and WHEREAS, City Council has, concurrently with this Enterprise Board Ordinance, adopted Ordinance No. 010, 2018, appropriating $1.8 million from prior year reserves in the General Fund as a loan to the Light and Power Fund (which Fund is established in City Code Section 8-77) for the Electric Utility’s first year operations and maintenance costs for Telecommunications Facilities and Services (the “General Fund Loan”); and WHEREAS, it is intended that the General Fund Loan will be repaid by the Enterprise, together with interest thereon at the rate of two and three quarters percent (2.75%) per annum, from the proceeds of the Enterprise’s proposed revenue bond issuance (the “Enterprise Bonds”), pending the Enterprise Board’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3, 2018 meetings); and WHEREAS, the estimated costs to be funded by the General Fund Loan and repaid by the Enterprise are as follows: ($ 000's) Year 1 Full Year Q1 Q2 Q3 Q4 Full Time Equivalent 4 5 7 13 Quarter End Headcount 4 7 7 17 Personnel $128 $148 $187 $295 $758 Consulting 120 120 88 88 415 Branding/Web Site 63 63 30 30 185 Legal 60 20 0 0 80 Office & Equipment 53 49 63 92 256 Contingency 25 25 25 25 100 Total Operations & Maintenance $449 $424 $392 $529 $1,794 Total Capital $40 $1,755 $1,550 $1,490 $4,835 ; and WHEREAS, the Enterprise’s repayment of the General Fund Loan will serve the public purpose of and benefit the ratepayers of the Electric Utility by enabling the Electric Utility to Packet Pg. 5 -3- fund start-up costs related to the Utility providing Telecommunications Facilities and Services to its customers throughout the City as authorized by Section 7 of City Charter Article XIII; and WHEREAS, the General Fund Loan and its repayment under this Ordinance is necessary for the public’s health, safety and welfare and is in the best interests of the City and its residents, businesses, and public and private organizations and the Electric Utility’s ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE ELECTRIC UTILITY ENTERPRISE BOARD OF THE CITY OF FORT COLLINS as follows: Section 1. That the Enterprise Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Enterprise Board hereby approves the Enterprise receiving from the General Fund a loan to the Light and Power Fund in the amount of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) to be expended for the Electric Utility’s first year of operations and maintenance relating to Telecommunications Facilities and Services. Section 3. That the General Fund Loan, including the two and three quarters percent (2.75%) interest accruing thereon, shall be repaid in full to the General Fund by the Enterprise from the Light and Power Fund when the Enterprise receives the proceeds from the Enterprise Bonds that it anticipates issuing to fund the Electric Utility’s start-up costs for the provision of telecommunications facilities and services. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018. __________________________________ President ATTEST: _______________________________ Secretary Passed and adopted on final reading on the 16th day of January, A.D. 2018. __________________________________ President ATTEST: _______________________________ Secretary Packet Pg. 6 along the boundary by Lessor. 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 property boundary (toe of berm). Existing fence to be removed by Lessor in cooperation with Lessee. Double rail fencing to be installed along the property line (at the toe of the slope) by Lessor. No berm modification required. Existing fence to be removed by Seller in cooperation with Purchaser. A double rail fence to be installed along the boundary by Seller. Berm to remain where it is. Lessor to put in carsonite markers ~ every 40 feet and at all corners. Berm to remain where it is; property line is not shared with Lessor. 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 Lessor's property boundary (toe of berm). Existing fence to be removed by Lessor in cooperation with Lessee. A double rail fence to be installed along the boundary by Lessor. 17.2 Packet Pg. 211 Attachment: Work to be completed prior to commencement of lease (6344 : Running Deer Natural Area to Lessor to put in carsonite markers ~ every 40 feet and at all corners. Berm to remain where it is. Lessor to put in carsonite markers ~ every 40 feet and at all corners. Berm to remain where it is; property line is not shared with Lessor. Existing block wall, berm and stock piled materials will need to be removed from Lessor's retained property prior to commencement date of lease +If the survey reveals encroachment of existing berms onto Lessor's retained property, berms will need to be removed from Lessor's retained property and reconstructed on the adjacent property prior to commencement date of lease. ATTACHMENT 2 17.2 Packet Pg. 210 Attachment: Work to be completed prior to commencement of lease (6344 : Running Deer Natural Area to C r e e k D i t c h Bo x e l d e r C r e ek N e w M ercer Ditch D i x o n Creek M c C l e ll a n ds Channel Foothills Channel S h e r w o o d L ateral P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s i l C r e e k R e s e r v o i r I n l e t B o x e l de r D i t ch C a c h e l a P o u d r e R i v e r La k e C a nal L a ri m e r C o u n t y C a n a l N o . 2 N e w M e r c e r D itc h C a c h e l a P o u d r e R i ve r L a r i m e r a n d W e l d C a n al No. 8 Outlet Bo xe l d e r D itch Fossil Creek Lak e C a nal A r t h u r D i t c h P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s il Creek Fossil Creek Spr i n g C r eek Cache l a P o u d r e R e servoir Inlet L a k e C a n al B o x e l d e r Creek Bo x e l d e r C r eek J a c k s o n D i t c h Little C a c h e L a P ou d re Ditch C a c h e l a P o u d r e R i v e r L a r i m e r C o unty Canal No. 2 2100 4100 2500 100 East 1000 7600 4600 West 1100 6600 North 500 South 5500 400 2000 7500 1700 2700 3100 3600 4500 2100 1100 3000 3100 5600 2600 700 3600 1000 6500 3500 4000 1600 1500 2600 600 3000 2000 100 1600 E Pros p ect Rd S Taft Hill Rd Laporte A ve W Horsetooth Rd N Taft Hill Rd S Shields St W Prospect Rd S Timberline R d E Trilby Rd S Su m mit View Dr Strauss Cabin Rd 9th St E Drake Rd W Laurel St Country Clu b R d W County Road 38E W Elizabe t h St E W il l o x L n W Drake Rd Turnberry Rd S t a te Highway 392 W Willox Ln Kechter Rd W Vine Dr E Vine Dr Richards Lake Rd C o unty Road 54G N County Road 17 N Mason St S RCoaodunty 11 E Douglas Rd N Lemay Ave W Harmony Rd Mountain Vista Dr E Harmony Rd N Timberline Rd E Horsetooth Rd E Lincoln Ave S Howes St W Douglas Rd Main St W Trilby Rd Carpenter Rd Jo h n F Kennedy Pkwy E County Roa d 30 N County Road 19 N County Road 5 E County Road 54 Giddings Rd N County Road 9 S College Ave R i v e rside Av e S Overland Trl S Lemay A v e S Lemay Ave Ziegler Rd N Overlan d Trl Terry Lak e Rd G r e g ory Rd S Mason St N Shields St S County Road 5 S County Road 13 !"`$ ÉZYXW ôZYXW ÕZYXW ÕZYXW ³I ³I ³I 2145335323 2145335301 2154935428 2145335327 2145235221 2145235222 2145235202 2145235238 2145335313 2145335335 2235235101 2145235225 2145235204 2234935801 2154935439 2154935407 2154935429 2145335328 2155235603 2145235203 2145235240 2234935804 2234935803 2145335315 2145335317 2155335701 2145335330 2145335310 2155135501 2145335332 2145235230 2145235223 2145235237 2145235219 2145235242 2145235239 2145235201 2145235233 2155235602 2145235210 2145235226 2145235236 2234935802 2154935441 2155335703 2145335318 2145335341 2145335325 2145335340 2145235247 2145235220 2145235234 2155135502 2145235224 2145235235 2145235245 2154935426 2145335314 2145335304 2154935437 2155235601 2154935427 2145235232 2145235217 2145235218 2145235227 2155135503 2234935805 2145335329 2145235205 2234935806 1 2 3 4 6 5 7 8 9 10 12 11 14 13 15 16 18 19 17 23 21 20 22 24 25 27 26 28 29 31 30 32 33 34 35 37 36 38 39 40 41 42 43 45 44 46 47 48 49 50 52 51 53 54 55 56 57 58 60 59 61 62 63 64 65 66 67 69 68 71 70 72 75 74 73 76 78 77 79 81 80 82 84 83 87 86 85 88 91 90 89 94 93 92 95 96 98 97 99 101 100 102 103 District-City Precinct of Fort Map Collins - Proposed Printed: January 09, 2018 0 0.5 1 1.5 2 Miles Scale 1:64,000 © Effective: Feburary 6, 2018 CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Ken Summers District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak County Precinct Water Features Growth Management Area 77Lines Railroad City Precinct Numbers 2145235205 Larimer County Precinct Numbers County County Precinct Number Number State StateNumber Representative Senatorial Number Congressional District ATTACHMENT 3 16.3 Packet Pg. 202 Attachment: Proposed District-Precinct Map (6377 : Amending District-Precinct Map) C r e e k D i t c h Bo x e l d e r C r e ek N e w M ercer Ditch D i x o n Creek M c C l e ll a n ds Channel Foothills Channel S h e r w o o d L ateral P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s i l C r e e k R e s e r v o i r I n l e t B o x e l de r D i t ch C a c h e l a P o u d r e R i v e r La k e C a nal L a ri m e r C o u n t y C a n a l N o . 2 N e w M e r c e r D itc h C a c h e l a P o u d r e R i ve r L a r i m e r a n d W e l d C a n al No. 8 Outlet Bo xe l d e r D itch Fossil Creek Lak e C a nal A r t h u r D i t c h P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s il Creek Fossil Creek Spr i n g C r eek Cache l a P o u d r e R e servoir Inlet L a k e C a n al B o x e l d e r Creek Bo x e l d e r C r eek J a c k s o n D i t c h Little C a c h e L a P ou d re Ditch C a c h e l a P o u d r e R i v e r L a r i m e r C o unty Canal No. 2 2100 4100 2500 100 East 1000 7600 4600 West 1100 6600 North 500 South 5500 400 2000 7500 1700 2700 3100 3600 4500 2100 1100 3000 3100 5600 2600 700 3600 1000 6500 3500 4000 1600 1500 2600 600 3000 2000 100 1600 E Pros p ect Rd S Taft Hill Rd Laporte A ve W Horsetooth Rd N Taft Hill Rd W Mulberry St S Shields St W Prospect Rd S Timberline R d E Trilby Rd S Su m mit View Dr Strau s s Cabin Rd 9th St E Drake Rd W Laurel St Country Clu b R d W County Road 38E W Elizabeth S t E W il l o x L n W Drake Rd Turnberry Rd S t a te Highway 392 W Willox Ln Kechter Rd W Vine Dr Remington St E Vine Dr Richards Lake Rd C o unty Road 54G N County Road 17 N Mason St S RCoaodunty 11 E Douglas Rd N Lemay Ave W Harmony Rd Mountain Vista Dr E Harmony Rd N Timberline Rd E Horsetooth Rd E Lincoln Ave S Howes St W Douglas Rd Main St E County Road 36 W Trilby Rd W TProkuwtyman Carpenter Rd John F K e nne d y Pk w y E County Roa d 30 N County Road 19 N County Road 5 E County Road 54 Giddings Rd N County Road 9 S College Ave Riverside A ve S Overland Trl S Lemay Ave Ziegl e r Rd N Overlan d Trl Terry Lak e Rd G r e g ory Rd N Shields St S County Road 5 S County Road 13 !"`$ ÉZYXW ôZYXW ÕZYXW ÕZYXW ³I ³I ³I 2145335323 2145335301 2154935428 2145335327 2145235221 2145235222 2145235202 2145235238 2145335313 2145335335 2235235101 2145235225 2145235204 2234935801 2154935439 2154935407 2145335342 2154935429 2145335328 2155235603 2145235203 2145235240 2234935804 2234935803 2145335315 2145335317 2155335701 2145335330 2145335310 2155135501 2145335332 2145235230 2145235223 2145235237 2145235219 2145235242 2145235239 2145235201 2145235233 2155235602 2145235210 2145235226 2145235236 2234935802 2154935441 2155335703 2145335318 2145335341 2145335325 2145335340 2145235247 2145235220 2145235234 2155135502 2145235224 2145235235 2145235245 2154935426 2145335314 2145335304 2154935437 2155235601 2154935427 2145235232 2145235217 2145235218 2145235227 2155135503 2234935805 2145335329 2145235205 2234935806 2 21 35 50 10 42 6 34 76 32 61 70 59 17 63 48 19 27 33 4 44 7 8 66 71 26 5 43 54 14 25 55 56 29 9 69 38 81 82 64 3 74 39 40 72 47 46 68 24 1 78 15 28 51 53 20 75 57 45 73 30 58 52 16 36 80 79 31 23 49 77 11 22 18 12 86 83 84 87 85 37 62 65 41 67 60 13 District-Precinct City of Map Fort - County Collins Precinct Splits Printed: January 09, 2018 0 0.5 1 1.5 2 Miles Scale 1:64,000 © Effective: June 17, 2016 CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Ken Summers District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak County Precinct Water Features Growth Management Area 77Lines Railroad City Precinct Numbers 2145235205 Larimer County Precinct Numbers County County Precinct Number Number State StateNumber Representative Senatorial Number Congressional District ATTACHMENT 2 16.2 Packet Pg. 201 Attachment: District-Precinct Map showing precincts to be split (6377 : Amending District-Precinct Map) C r e e k D i t c h Bo x e l d e r C r e ek N e w M ercer Ditch D i x o n Creek M c C l e ll a n ds Channel Foothills Channel S h e r w o o d L ateral P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s i l C r e e k R e s e r v o i r I n l e t B o x e l de r D i t ch C a c h e l a P o u d r e R i v e r La k e C a nal L a ri m e r C o u n t y C a n a l N o . 2 N e w M e r c e r D itc h C a c h e l a P o u d r e R i ve r L a r i m e r a n d W e l d C a n al No. 8 Outlet Bo xe l d e r D itch Fossil Creek Lak e C a nal A r t h u r D i t c h P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s il Creek Fossil Creek Spr i n g C r eek Cache l a P o u d r e R e servoir Inlet L a k e C a n al B o x e l d e r Creek Bo x e l d e r C r eek J a c k s o n D i t c h Little C a c h e L a P ou d re Ditch C a c h e l a P o u d r e R i v e r L a r i m e r C o unty Canal No. 2 2100 4100 2500 100 East 1000 7600 4600 West 1100 6600 North 500 South 5500 400 2000 7500 1700 2700 3100 3600 4500 2100 1100 3000 3100 5600 2600 700 3600 1000 6500 3500 4000 1600 1500 2600 600 3000 2000 100 1600 Z Y X W V U T S R Q P O N M L K J I H G F E D C B 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 E P rospect Rd S Taft Hill Rd La p orte Ave W Horsetooth Rd N Taft Hill Rd W Mulberry St S Shields St W Prospect Rd S Timberline R d E Tril b y Rd S Sum m it View Dr Strauss Cabin Rd 9th St E Drake Rd W Laurel St Country Clu b R d W Co unty Road 38E W Elizabeth St W Mountain Ave W Drake Rd Turnberry Rd State Highway 392 W Willox Ln Kechter Rd W Vine Dr E Vine Dr Richards Lake Rd C o unty Road 54G N County Road 17 N Mason St S County Road 11 Jefferson St E Douglas Rd N Lemay Ave W Harmony Rd Mountain Vista Dr E Harmony Rd N Timberline Rd E Horsetooth Rd E Lincoln Ave W Douglas Rd Main St E County Road 36 W Trilby Rd Carpent e r Rd John F Ke n ne d y Pk w y E County Roa d 30 N County Road 19 N County Road 5 E County Road 54 Giddings Rd N County Road 9 S College Ave Riverside A ve S Overland Trl S Lemay Ave Ziegl e r Rd N Overlan d Trl Terry Lak e Rd G r e g ory Rd S Mason St N Shields St S County Road 5 S County Road 13 !"`$ ÉZYXW ôZYXW ÕZYXW ÕZYXW ³I ³I ³I 2145335323 2145335301 2154935428 2145335327 2145235221 2145235222 2145235202 2145235238 2145335313 2145335335 2235235101 2145235225 2145235204 2234935801 2154935439 2154935407 2145335342 2154935429 2145335328 2155235603 2145235203 2145235240 2234935804 2234935803 2145335315 2145335317 2155335701 2145335330 2145335310 2155135501 2145335332 2145235230 2145235223 2145235237 2145235219 2145235242 2145235239 2145235201 2145235233 2155235602 2145235210 2145235226 2145235236 2234935802 2154935441 2155335703 2145335318 2145335341 2145335325 2145335340 2145235247 2145235220 2145235234 2155135502 2145235224 2145235235 2145235245 2154935426 2145335314 2145335304 2154935437 2155235601 2154935427 2145235232 2145235217 2145235218 2145235227 2155135503 2234935805 2145335329 2145235205 2234935806 2 21 35 50 10 42 6 34 76 32 61 70 59 17 63 48 19 27 33 4 44 66 7 8 71 26 5 43 54 14 25 55 56 29 9 69 38 81 82 64 3 74 39 40 72 47 46 68 24 1 78 15 28 51 20 53 75 57 45 73 30 58 52 16 36 80 79 31 23 49 77 11 22 18 12 86 83 84 87 85 37 62 65 41 67 60 13 Current City District-of Fort Precinct Collins Map Printed: January 09, 2018 0 0.5 1 1.5 2 Miles Scale 1:64,000 © Effective: June 17, 2016 CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Ken Summers District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak County Precinct Water Features Growth Management Area 77Lines Railroad City Precinct Numbers 2145235205 Larimer County Precinct Numbers County County Precinct Number Number State StateNumber Representative Senatorial Number Congressional District ATTACHMENT 1 16.1 Packet Pg. 200 Attachment: Current District-Precinct Map (6377 : Amending District-Precinct Map)