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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/05/2018 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting June 5, 2018 (Amended 6/4/18) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:15 p.m. A. Proclamation Declaring June as Bike Month. B. Proclamation Declaring June 18-24, 2018 as National Pollinator Week. C. Proclamation Declaring June 1-7, 2018, as CPR and AED Awareness Week. D. Proclamation Declaring June as Safety Awareness Month. E. Proclamation Declaring June as Pride Month. City of Fort Collins Page 2 Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  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 City of Fort Collins Page 3 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the May 1 and May 15, 2018 Regular Council Meetings and the May 8, 2018 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the May 1 and May 15, 2018 Regular Council meetings and the May 8, 2018 Adjourned Council meeting. 2. Second Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. This Ordinance, unanimously adopted on First Reading on May 15, 2018, adopts a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. 3. Second Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six-Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. This Ordinance, unanimously adopted on First Reading on May 15, 2018, renews the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. The Ordinance has been amended between first and second reading to make the Ordinance recitals correspond to those in Resolution 2018-046. 4. Second Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. This Ordinance, unanimously adopted on First Reading on May 15, 2018, authorizes an affordable housing fee waiver request for Oakridge Crossing and a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds City of Fort Collins Page 4 from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. 5. Second Reading of Ordinance No. 068, 2018, Designating the McMillen-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, unanimously adopted on First Reading on May 15, 2018, designates the McMillen- Patterson Property, 121 North Grant Avenue, as a Fort Collins Landmark. The owner of the property, Susan Hoskinson, is requesting the designation. 6. First Reading of Ordinance No. 069, 2018, Appropriating Prior Year Reserves in the Light and Power Fund for the Light and Power New Circuits Project. The purpose of this item is to appropriate funds from Light & Power Reserves to serve the newly annexed Water Treatment Facility ($1,300,000) and to meet capacity needs at the East Harmony Industrial Park ($480,000) and the Southwest Residential Area ($230,000). The appropriation also includes $7,100 for Art in Public Places (APP). The previous $1.3M appropriation from the Water Fund also included the associated $13,000 for APP. The total amount being requested is $2,017,100, which will leave $3.2M available and unappropriated in the Light & Power Reserves. 7. Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF), and the City’s Human Services Program (HSP). A. Public Hearing and Resolution 2018-054 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. Public Hearing and First Reading of Ordinance No. 070, 2018, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. Public Hearing and First Reading of Ordinance No. 071, 2018, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. The purpose of this item is to approve funding recommendations of the 2018 Spring Cycle of the Competitive Process and appropriate federal dollars. Resolution 2018-054 will complete the 2018 Spring Cycle of the Competitive Process for allocating $5,205,993 in City financial resources to affordable housing and public facility projects, human service programs and administration of the programs. Ordinance No. 070, 2018 appropriates the City’s FY2018 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG Unanticipated Program Revenue from FY2017. Ordinance No. 071, 2018 appropriates the City’s FY2018 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and HOME Unanticipated Program Revenue from FY2017. 8. First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions. The purpose of this item is to remove the notification requirement for violations of Chapter 19 of the City Code to allow Code Compliance Inspectors the flexibility to issue immediate citations for all City of Fort Collins Page 5 properties, including some identified and sustained egregious or chronic offenders of the nuisance code. 9. Items Relating to the Aweida Annexation. A. Resolution 2018-055 Setting Forth Findings of Fact and Determinations Regarding the Aweida Annexation. B. Public Hearing and First Reading of Ordinance No. 073, 2018, Annexing the Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 10. Items Relating to Zoning the Aweida Annexation. A. Resolution 2018-056 Amending the City’s Structure Plan Map. This Ordinance is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. B. Public Hearing and First Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. The purpose of this item is to zone the property included in the Aweida Annexation into the Low Density Mixed-Use Neighborhood zone district. A Council amendment of the City Structure Plan Map is necessary to allow for the Aweida Annexation to be zoned L-M-N. 11. Items Relating to the East Gateway Annexation. THIS ITEM HAS BEEN MOVED TO ITEM #17, DISCUSSION. A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 12. First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION. City of Fort Collins Page 6 This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. 13. Resolution 2018-058 Designating City-Owned Properties Along the Cache la Poudre River as an Important Bird Area. The purpose of this item is to designate City-owned properties within the Growth Management Area that adjoin the Cache la Poudre River as an Important Bird Area (IBA). An IBA is defined by the National Audubon Society as a site that provides essential habitat to one or more species of birds during some portion of the year. This designation conveys no legal authority over land ownership or its uses and management. This designation would support City educational initiatives aimed at increasing awareness and enjoyment of Poudre River bird habitat. It may also prove useful when seeking additional funding (i.e., grant applications) for habitat restoration projects. 14. Resolution 2018-059 Appointing Christine Pardee to the Planning and Zoning Board of the City of Fort Collins. The purpose of this item is to appoint Christine Pardee to fill a vacancy on the Planning and Zoning Board due to the resignation of Emily Heinz, whose term was set to expire on December 31, 2021. In December 2017, Mayor Troxell, and Councilmember Ray Martinez interviewed applicants solicited in the fall of 2017 and identified Ms. Pardee as an alternate if a vacancy arose during the year. 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. Horsetooth and College Construction Project Report. (Staff: Tim Kemp)  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 7 Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 15. First Reading of Ordinance No. 077, 2018, Amending Chapter 7 of the Code of the City of Fort Collins to Amend Requirements and Procedures for City Elections. (staff: Delynn Coldiron, Rita Knoll; 5 minute staff presentation; 30 minute discussion) The purpose of this item is to amend the Election Code to clarify that expenditures for political advertising includes internet advertising; amend deadlines for write-in candidates, nomination petitions, withdrawals and campaign reports; and adopt Code language to align with the Uniform Overseas Citizens Absentee Voting Act (UOCAVA). The Code amendments will also require candidates and committees to keep samples of public communications and revise the definition for independent expenditures. 16. Resolution 2018-060 Rescinding Resolution 2018-041 and Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation. (staff Kai Kleer, Tom Leeson; no staff presentation; 5 minute discussion) NEW ITEM ADDED JUNE 4, 2018 On May 1, 2018, Council adopted Resolution 2018-041 initiating annexation proceedings for the East Gateway Annexation and scheduling a hearing date of June 5, 2018 for the proposed annexation. It has subsequently been determined that certain notices required by the Municipal Annexation Act were inadvertently not given as required. The statutory time periods for required published and mailed notices of the proposed annexation are such that the annexation process must be re-initiated to allow these notices to be given in advance of a rescheduled hearing on July 17, 2018. The purpose of this item is to rescind Resolution 2018-041 and re-initiate annexation proceedings for the East Gateway Annexation, containing 1.77-acres, into the City of Fort Collins. The annexation is generally located northeast of the Interstate 25 and East Mulberry Street interchange. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. The requested zoning for this annexation is a combination of General Commercial (C-G), Industrial (I), and Low Density Mixed Use Neighborhood (L-M-N), consistent with the City of Fort Collins Structure Plan Map designations. The surrounding properties are a mixture of residential and commercial land uses. The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First City of Fort Collins Page 8 Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 17. Items Relating to the East Gateway Annexation. Staff requests the Resolution and Ordinance be postponed indefinitely due to a failure to provide notice as required in the Municipal Annexation Act. A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property is presented as the next item on this Agenda.  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 A. Consideration of a motion to adjourn to 6:00 p.m., Monday, June 11, 2018. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the month of June through educational programs, commuting events, races, groups rides, or just getting out and going for a ride; and WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all citizens by fostering physical and mental health, improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources; and WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating the development of bicycle facilities; and WHEREAS, our City maintains nearly 280 miles of bikeway network which attract thousands of bicyclists each year; and WHEREAS, Fort Collins is nationally recognized as one of only five Platinum Level Bicycle Friendly Communities, as designated by the League of American Bicyclists, reflecting the City’s commitment to making Fort Collins a vibrant, multi-modal destination; and WHEREAS, the FC Bikes Program, the League of American Bicyclists, the Bicycle Ambassador Program, Safe Route to School, and other local businesses and organizations will be promoting bicycling as a viable means of transportation during the month of June 2018. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of June 2018 as BIKE MONTH in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation and to participate in the many events planned for the summer months, particularly, the 31st annual Bike to Work Day on June 27. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, Fort Collins ecosystems, as with most ecosystems, require pollination to support plant reproduction and in consequence plant life; and WHEREAS, understanding and pursuing knowledge about pollinators would encourage citizens to plant pollinator-friendly plants and use best practices in regard to pollinator management and care; and WHEREAS, creating a month dedicated to such pursuit of knowledge would only be beneficial to and good for the community as well as the ecosystem; and WHEREAS, knowing about and encouraging gardening practices that will benefit the local ecosystem is going to positively change the City of Fort Collins. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby declare the week of June 18-24 as NATIONAL POLLINATOR WEEK in Fort Collins to encourage citizens to plant “pollinator friendly” plants in their gardens. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, American Heart Association data show more than 350,000 EMS-assessed out-of-hospital cardiac arrests occur in the United States; and WHEREAS, about 90 percent of people who suffer out-of-hospital cardiac arrests die. However, cardiopulmonary resuscitation, or CPR, especially if performed immediately, can double or triple a cardiac arrest victim’s chance of survival; and WHEREAS, hands-only CPR has been shown to be as effective as conventional CPR for cardiac arrest at home, at work or in public; and WHEREAS, hands-only CPR has just two easy steps. Step 1 – Call 911 if you see a teen or adult collapse. Step 2 – Push hard and fast in the center of their chest to the beat of a familiar song that has 100 to 120 beats per minute, such as “Stayin’ Alive” by the Bee Gees or “Crazy in Love” by Beyonce featuring J-Z; and WHEREAS, there are people in the City of Fort Collins, such as Ms. Lisa Bell, who have saved the lives of others. In this case, Ms. Bell performed CPR on Mr. Earl Worth, a certified CPR and AED instructor, who got a second chance at life as a result; and WHEREAS, our citizens have access to critical life-saving technology in the free PulsePoint smartphone app and may receive hands-only CPR, AED and PulsePoint education through PFA NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the week of June 1-7, 2018, as CPR AND AED AWARENESS WEEK in Fort Collins to recognize the life-saving impact that CPR and AEDs have throughout our community and globe. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of June, A.D. 2018. __________________________________ ATTEST: Mayor Pro Tem _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, each year, more than four million workers suffer serious job-related injuries or illnesses and 4,000 Americans die in work-related incidents; and WHEREAS, these incidents not only hurt workers and their families in the City of Fort Collins, but also negatively impact business and the economy; and WHEREAS, to raise awareness and understanding of the value of safety and health programs among workplaces; and WHEREAS, the City’s Safety Security and Risk Management (SSRM) Team recognizes the National Safety Council’s initiative to improve workplace safety; and WHEREAS, during the month of June, all over the nation, Safety Awareness Month is a public recognition of the commitment to workplace safety; and WHEREAS, the City of Fort Collins continues to strive to be the Safest Workplace in America. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of Fort Collins do hereby proclaim June 2018 SAFETY AWARENESS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, City Council and staff have committed to make Fort Collins an inclusive and welcoming community for all, including the LGBTQ community; and WHEREAS, the United States Supreme Court ruled in June 2015 that same-sex couples can marry nationwide, establishing a new civil right in our country; and WHEREAS, former president Barack Obama designated the first national monument to LGBTQ rights in June 2016, honoring the LGBTQ community’s long-term presence and struggle for equality across our nation; and WHEREAS, all members of the Fort Collins community, including those who are LGBTQ, have the right to feel safe, not be discriminated against and not live with the threat of harassment; and WHEREAS, the City has established an LGBTQ liaison in both Police Services and Human Resources, as well as an LGBTQ advisory committee; and WHEREAS, the City has adopted equal employment partner health benefits and an inclusive employee nondiscrimination policy; and WHEREAS, supporting Fort Collins’ LGBTQ community also aligns with the City’s strategic objective to co-create a more inclusive and equitable community that promotes unity and honors diversity; and WHEREAS, the LGBTQ community has made great strides; however, equality, inclusion, and acceptance are not yet fully achieved. NOW THEREFORE, I, Gerry Horak, Mayor of the City of Fort Collins, do hereby declare the month of June 2018 as LGBTQ PRIDE MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 12 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 1 and May 15, 2018 Regular Council Meetings and the May 8, 2018 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 1 and May 15, 2018 Regular Council meetings and the May 8, 2018 Adjourned Council meeting. ATTACHMENTS 1. May 1, 2018 (PDF) 2. May 8, 2018 (PDF) 3. May 15, 2018 (PDF) 1 Packet Pg. 13 City of Fort Collins Page 233 May 1, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 8, First Reading of Ordinance No. 062, 2018, Amending Section 26-392 of the Code of the City of Fort Collins Regarding the Electric Utility Enterprise, has been withdrawn for additional work. Staff would also like to postpone Item No. 9, First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code, to May 15. • CITIZEN PARTICIPATION Mike Pruznick discussed affordable housing and the Fort Collins Loveland Water District tap fees. Dr. Gayle Miller discussed prairie dog colony regulations and stated there are benefits to small, isolated colonies. Dave Zeck read a City ordinance related to human waste and stated it makes it illegal to breathe. Helen Taylor requested the City make more open space available to prairie dogs, acquire more prairie dog habitat, and prioritize non-lethal prairie dog management. Kevin Cross, Fort Collins Sustainability Group, provided Council with a resolution regarding 100% renewable-generated electricity by 2030 he is requesting it adopt this spring. Fred Kirsch, Community for Sustainable Energy, provided Council with petition signatures related to the renewable-generated electricity goal. Sarah Snead, Poudre Canyon Group of the Sierra Club, stated she worked to get CSU to adopt a 2030 100% renewable energy goal and encouraged Council to adopt the same goal. Noelle Guernsey, Prairie Dog Coalition, discussed the benefits of using non-lethal prairie dog management techniques. Tim Gosar, 350 Northern Colorado, supported adoption of the renewable energy resolution. Sarah Witherell, Northern Colorado Prairie Dog Advocates, requested Fort Collins continue to be a leader in exploring and utilizing non-lethal management techniques to address prairie dog colonies. Peggy LaPoint, League of Women Voters, supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. 1.1 Packet Pg. 14 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 234 Ashley Waddell stated Fort Collins citizens overwhelmingly oppose lethal prairie dog management on public lands. Ted Walkup supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Nick Francis congratulated the Council for setting aggressive and worthy climate action goals and supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Elizabeth Hudetz discussed compromised air quality and limited resources and supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Janice Lynne, Transition Fort Collins, supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Kevin Henry, Fort Collins Sustainability Group, supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Tom Hoehn supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Mark Laken expressed concern regarding the City’s Code requirement for neighborhood roadway connections which require infill developments to make internal roadway connections with existing neighborhood streets. Forrest (no last name given) supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy and opposed the use of chemicals for insect and weed control. Philip Friedman supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Jeremy Mack supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Caitlyn Young opposed the U+2 Ordinance, stating it creates a false sense of housing scarcity, drives up property taxes and housing costs, and increases communitywide carbon production. She also supported the CORising.org proposal to move fracking sites 2,500 feet from all buildings. Adam Lovell, The Growing Project, supported the CORising.org proposal to move fracking sites 2,500 feet from all buildings and suggested taxing carbon immediately. He also supported repealing the You Plus Two Ordinance and opposed the use of chemicals for insect and weed control. Charles Kopp supported adoption of the Resolution provided by the Fort Collins Partners for Clean Energy. Bill Althouse supported adoption of the Resolution provided by the Fort Collins Partners for Clean Energy. Terry Hatfield supported adoption of the Resolution provided by the Fort Collins Partners for Clean Energy. 1.1 Packet Pg. 15 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 235 Bigfoot Goforth supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy and encouraged the use of renewables for all energy uses, not just electricity. Nicholas (no last name given) supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Ian Score supported adoption of the resolution provided by the Fort Collins Partners for Clean Energy. Sarah Anderson stated Fort Collins has changed and is in a powerful position to set an example with adoption of the resolution provided by the Fort Collins Partners for Clean Energy. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Cunniff requested a service area report on pesticides and herbicides used in the City’s Natural Areas. He also requested additional information on how the City is addressing the need to conserve prairie dog habitat and a memo on Mr. Laken’s comments related to infill development street connections. He stated he and Mayor Pro Tem Horak met with representatives of the Fort Collins Sustainability Group regarding their proposed resolution and he is prepared to ask the City Manager to start formulating a resolution including specifics of how the City will achieve the goal. Mayor Pro Tem Horak stated the City is farther along with renewable energy than many people realize. He also stated none of the other communities that have passed this resolution have a plan to get there. Councilmember Stephens thanked the speakers and encouraged them to stay involved in the renewable energy conversation. Councilmember Overbeck thanked the speakers. • CONSENT CALENDAR Councilmember Martinez withdrew Item No. 15, Resolution 2018-044 Confirming and Approving the Appointment of Andy Smith to the Board of Commissioners of the Fort Collins Urban Renewal Authority as Provided in Colorado's Urban Renewal Law, from the Consent Agenda. Eric Sutherland withdrew Item Nos. 5, First Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project, and 7, First Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners, from the Consent Agenda. 1.1 Packet Pg. 16 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 236 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 052, 2018, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) This Ordinance, unanimously adopted on First Reading on April 17, 2018, appropriates $482,841, of which $242,389 is proposed for 2018 Cultural Development and Programming Activities (Fort Fund), $26,873 is proposed for 2018 Tourism Programming (Fort Fund), and $213,579 is proposed for 2018 Convention and Visitors Program activities, from a combination of unanticipated revenue (Lodging Tax) and prior year reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2017 was $237,967 above projected collections. 2. Items Relating to Income Qualified Assistance Programs. (Adopted) A. Second Reading of Ordinance No. 053, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Change the Name of Time-of-Use Electric Rates to Time-of-Day Electric Rates. B. Second Reading of Ordinance No. 054, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Adopt Discounts Applicable to Water, Wastewater and Electric Rates, Fees and Charges Applied Under an Income Qualified Assistance Program. The purpose of Ordinance No. 053, 2018, is to change the name for the electric service rates that will go into effect on October 1, 2018, from “time-of-use” to “time-of-day” to better identify how the rates will be applied to different times during the day. The purpose of Ordinance No. 054, 2018, is to bring forward an ordinance to implement an Income- Qualified Assistance Program (IQAP), formerly referred to as the income-qualified rate (IQR). For qualified customers who “opt-in”, this program will initially provide a 23% discount on specified rate components for electric, water and wastewater services on a customer’s monthly bill. Utilities will qualify customers through the Low-income Energy Assistance Program (LEAP), which uses an income threshold of 165% of the Federal Poverty Level (FPL). The IQAP will have a three-year phased approach to provide data to City Council that demonstrates reasonable bill affordability and presents long-term recommendations on participation criteria, including whether a specific level of dwelling improvements in participants’ homes may (or may not) eliminate the need for payment assistance, or support removal of participants from the program. The IQAP will be rolled out in October 2018, in conjunction with time-of-day (TOD) (formerly referred to as “time-of-use” [TOU]) rates for residential customers, as approved by Council in November 2017. These Ordinances were unanimously adopted on First Reading on April 17, 2018. For Second Reading of Ordinance No. 054, 2018, staff has attached a memo responding to Council questions raised on First Reading of the Ordinance. The memo addresses program plans regarding simplified IQAP participant application and qualification procedures, and coordination of IQAP with other regional low-income programs. 1.1 Packet Pg. 17 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 237 3. Second Reading of Ordinance No. 055, 2018, Authorizing the Release of a Restrictive Convenant on Property at the Colony at Rigden Farm. (Adopted) This Ordinance, unanimously adopted on First Reading on April 17, 2018, authorizes the release of a restrictive covenant for affordable home ownership on a property's title because the property developed into market rate rental housing. The project contemplated by the covenant was not built and no affordable housing incentives were provided to the developer. 4. Items Relating to the Appropriation from Light and Power/Broadband Fund Debt Proceeds and Other Funds Related to the Broadband Project. (Adopted) A. Second Reading of Ordinance No. 056, 2018, Appropriating Proceeds from the Issuance of 2018 Electric Utility Enterprise Revenue Bonds for Capital, Operating, Debt Service and Art in Public Places Expenditures Associated with the Construction of a Broadband System to Provide Telecommunication Facilities and Services to Customers Within Fort Collins in the Light and Power Fund and Transferring Appropriations from the Light and power Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 057, 2018, Appropriating Funds from the Light and Power Fund to Defease the City of Fort Collins, Colorado, Electric Utility Enterprise Taxable Revenue Bonds Series 2010B. These Ordinances, unanimously adopted on First Reading on April 24, 2018, appropriate (1) bond proceeds for the construction of a municipal broadband system and (2) Light & Power reserves for the defeasance of outstanding debt. The issuance and defeasance were authorized by the Electric Utility Enterprise Board Ordinances No. 003 and No. 004, respectively. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. 5. First Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in the Transportation Fund from the Colorado Department of Transportation and the BNSF Railway Foundation for the Safe Routes to School Program. (Adopted) The purpose of this item is to request appropriation of $25,584 in unbudgeted funds received through two grants for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584 grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant for SRTS bike-pedestrian safety education in K-8 schools. This project requires a 20% local match for the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant. 6. First Reading of Ordinance No. 062, 2018, Amending Section 26-392 of the Code of the City of Fort Collins Regarding the Electric Utility Enterprise. (Adopted) The purpose of this item is to clarify and amend City Code language regarding the officers of the electric utility enterprise board, and amend the provision regarding meetings of the board in order to allow for greater flexibility in meeting times. 7. First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. 1.1 Packet Pg. 18 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 238 8. First Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property Interests on City-Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC. (Adopted) The purpose of this item is to authorize the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor). 9. First Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Arapaho Bend Natural Area. (Adopted) The purpose of this item is to authorize the conveyance of two permanent right-of-way easements, one temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT). 10. Resolution 2018-041 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation. (Adopted) The purpose of this item is to initiate annexation proceedings for the East Gateway Annexation, containing 1.77-acres, into the City of Fort Collins. The annexation is generally located northeast of the Interstate 25 and East Mulberry Street interchange. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. The requested zoning for this annexation is a combination of General Commercial (C- G), Industrial (I), and Low Density Mixed Use Neighborhood (L-M-N), consistent with the City of Fort Collins Structure Plan Map designations. The surrounding properties are a mixture of residential and commercial land uses. The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. 11. Resolution 2018-042 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Downtown Development Authority Regarding the Renovation and Redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley. (Adopted) The purpose of this item is to request Council approval for an Intergovernmental Agreement (IGA) between the City of Fort Collins and the Downtown Development Authority (DDA) for renovation and redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley. 12. Resolution 2018-043 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties within the Territories of the Poudre Valley Fire Protection District and the Windsor-Severance Fire Protection District. (Adopted) The purpose of this item is to authorize the City Attorney to file a petition in the Larimer County District Court to exclude eight properties within the Poudre Valley Fire Protection District that were annexed into the City in 2017, and to file a petition in the Weld County District Court to exclude two properties within the Windsor-Severance Fire Protection District that were annexed into the City in 2017. The properties affected by this Resolution are: Rennat Annexation, Lehman-Timberline Annexation, Mail Creek Crossing Second Annexation, Blehm-Homestead Annexation, Newton First Annexation, Newton Second Annexation, Fox Hills Second Annexation, I-25 Third Annexation, and Interstate Land Holdings Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the district court to remove these annexed properties from special district territories. The properties located in the Poudre Valley Fire Protection District have been receiving fire protection services from the Poudre Fire 1.1 Packet Pg. 19 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 239 Authority and will continue to do so. The properties located in the Windsor-Severance Fire Protection District have been receiving fire protection services from Windsor-Severance Fire Rescue and will now be receiving fire protection services from Poudre Fire Authority. The City Attorney’s Office files petitions each year seeking exclusion for all properties annexed in the previous year that should be removed from the fire protection districts (Districts) to avoid double taxation. • END CONSENT • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff stated he is looking forward to a robust public process related to Item No. 12, Resolution 2018-041 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation. Mayor Pro Tem Horak commented on Item No. 2, Items Relating to Income Qualified Assistance Programs, noting the City Manager will return with information relating to systematically alerting qualifying residents. • STAFF REPORTS Ginny Sawyer, Senior Project Manager, stated the Night Sky Initiative began when the Nature in the City Plan was adopted. Protecting night sky is also part of the Strategic Plan. Staff has focused on appropriate lighting in both the Land Use Code and Building Code and is pursuing International Dark Sky Certification work in Natural Areas and in conjunction with the County. Sawyer discussed community outreach efforts relating to lighting and dark sky preservation and discussed outdoor lighting best practices. Councilmember Cunniff commended the progress on these efforts and discussed the improved safety of appropriate lighting. Councilmember Stephens asked if this includes an education component for retrofitting existing neighborhoods. Sawyer replied that is a tough situation as Codes are not retroactive; however, she is hoping some educational outreach can occur. Councilmember Stephens encouraged the Neighborhood Services Department to provide outreach on appropriate discussions with neighbors. Councilmember Overbeck suggested including outreach at Neighborhood Night Out and on the NextDoor website. Mayor Pro Tem Horak asked how the City’s street lighting and building lighting progress is being measured. Sawyer replied there is an inventory component and technology is moving quite quickly. She stated Utilities is replacing and upgrading lights upon failure and noted staff is attempting to work with local retailers to include appropriate fixtures in their inventory. • COUNCILMEMBER REPORTS Councilmember Stephens reported on attending the City’s volunteer recognition pancake breakfast. She discussed the City’s robust volunteer program. 1.1 Packet Pg. 20 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 240 Councilmember Martinez discussed the Comcast Cares event at Putnam Elementary and the Project Smile event at Drake Center Crossing. Councilmember Summers discussed community health issues and oral health being the foundation of other health issues. Councilmember Cunniff reported on CSU’s public engagement day and the Climate Wise awards ceremony. Mayor Troxell reported on the Arbor Day celebration. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 13. Resolution 2018-044 Confirming and Approving the Appointment of Andy Smith to the Board of Commissioners of the Fort Collins Urban Renewal Authority as Provided in Colorado's Urban Renewal Law. (Adopted) The purpose of this item is to appoint Andy Smith to fill a seat created by legislative changes affecting the Urban Renewal Authority (URA). Mayor Troxell and Councilmember Stephens interviewed applicants on April 4, 2018, from applications solicited in February and March. They are recommending that Andy Smith be appointed to serve as a commissioner on the URA’s Board. Councilmember Martinez requested further explanation of this item. Josh Birks, Economic Health Director, replied the State Legislature made a substantial change to the Urban Renewal Authority in 2015. The change requires that, prior to a new plan area being considered by an existing Urban Renewal Authority, the URA must expand its Board to include representatives from the County, the School Districts, and the Special Districts in which that Urban Renewal Authority acts. Because the City’s URA Board is made up of the seven Councilmembers, adding those three representatives creates a Board with an even number of people. In those cases, the Statute states an eleventh member should be appointed. Applications were accepted for the position, and two Councilmembers performed interviews, resulting in this recommendation. Mayor Troxell stated he and Councilmember Stephens interviewed five qualified candidates and determined Andy Smith to be the best of those for the position. Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-044. Mayor Troxell noted the addition of new URA members will likely result in a new meeting location and time. RESULT: RESOLUTION 2018-044 ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1.1 Packet Pg. 21 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 241 • DISCUSSION ITEMS 14. Second Reading of Ordinance No. 058, 2018, Appropriating Prior Year Reserves in the General Fund and the Fort Collins Urban Renewal Authority Fund and Authorizing the Transfer of Appropriations from the General Fund and the Fort Collins Urban Renewal Authority Fund into the Capital Project Fund for the Poudre River Whitewater Park Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program and Transferring Appropriations in the Storm Drainage Fund from the Boxelder Creek Outfall Project and the Remington Street Outfall Project to the Capital Project Fund for the Poudre River Whitewater Park Project. (Adopted on Second Reading) This Ordinance, adopted on First Reading on April 17, 2018 by a vote of 6-1 (Nays: Cunniff), appropriates additional funding for the Poudre River Whitewater Park project. The Whitewater Park will be located south of Vine Drive between College Avenue and the BNSF Railroad. Design and permitting for the project are nearly complete, with construction anticipated to begin Summer 2018, and the project complete in Summer 2019. There is sufficient funding available for a minimum, base project. To realize the full vision of the project, as outlined in the 2014 Poudre River Downtown Master Plan, approximately $2M of additional funds are needed. For Second Reading, the Ordinance has been modified as follows: • By the addition of new “whereas” clauses that: o incorporate background and requirements from the April 7, 2015 CCIP ballot approval language in Ordinance No. 013, 2015 (the “Ordinance”). o set forth the requirement in the Ordinance that City Council must have determined that the City has received at least $1,500,000 in of contributions and pledges from private sources to support building the Whitewater Park (referred to as the “Kayak Park” in the Ordinance and the CCIP project schedule referenced in the ballot measure) and that the City has not yet received the entire amount of such contributions. o Acknowledge that the Ordinance requires construction of all components described on the exhibit attached thereto, which include a whitewater kayak park, a pedestrian bridge, and other elements. • By inclusion of a condition that the funds appropriated by the Ordinance are not available for expenditure for construction until the City Manager provides a report and recommendation that all required private funds and pledges have been received and Council adopts a resolution finding the private funding requirement has been met (to satisfy the Ordinance requirement for a determination by Council as to this condition). The additional funds requested in this appropriation are necessary to satisfy the requirement of the Ordinance that the Project include all of the elements described in Exhibit “A” to Ordinance No 013, 2015. At the April 17 City Council meeting, several questions were raised regarding restrooms in the Whitewater Park. There are floodway and floodplain constraints on the site today that prevent the restroom from being built in the initial phase of the project. Once the initial phase of the project is completed, floodplain mapping for the project will be revised. The revised floodplain mapping is estimated to be complete in 2019, enabling construction of a permanent restroom as early as 2020. A Budgeting for Outcomes (BFO) offer is planned to be submitted in the 2019-20 budget to fund design and construction of the restroom. Until a permanent restroom is constructed, temporary, portable toilets will be provided on site. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 058, 2018, on Second Reading. Councilmember Cunniff thanked staff for their follow-up work but stated he would not support the motion as a more robust discussion regarding spending $500,000 should occur. 1.1 Packet Pg. 22 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 242 RESULT: ORDINANCE NO. 058, 2018, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak NAYS: Cunniff 15. Consideration of an Appeal of the Administrative Officer Decision Regarding the Spirit at the River Project Development Plan. (Adopted) The purpose of this item is to consider an appeal of the Hearing Officer’s decision on February 8, 2018, approving the Spirit at the River Project Development Plan. The appeal was filed on February 20, 2018, by Councilmember Ross Cunniff. The appellant seeks to have the following questions answered: 1. How does the site plan comply with Land Use Code Section 3.4.1 in general, including but not limited to compliance with Section 3.4.1(E)(1), “…the decision maker shall reduce or enlarge any portion of the general buffer zone distance, if necessary in order to ensure that the performance standards set forth below are achieved” and the associated buffer zone table which calls out the relevant buffer as “Cache la Poudre River (Lincoln Avenue to east UGA boundary): 300 feet” given that the actual designed buffer ranges from 176 to 244 feet, with an average of 201 feet? 2. How does the height/mass of the building comply with Land Use Code Section 4.20(D)(3)(a)(1), which specifies, “The maximum building height shall be three (3) stories”? 3. How does the parking modification comply with Land Use Code Section 4.20(D)(3)(a)(2), which specifies that new parking lots and vehicle use areas shall be located in either interior block locations between buildings or in side yards? Mayor Troxell explained the quasi-judicial nature of this item. City Attorney Daggett outlined the appeal procedure and stated this is a hearing of an appeal filed by a Councilmember on behalf of the Council. Tom Leeson, Community Development and Neighborhood Services Director, discussed the Spirit at the River project on East Lincoln Avenue. The project includes a hotel and restaurant and is located in the Community Commercial Poudre River zone district. The site plan for the project has been amended per the Hearing Officer’s conditions of approval, which were the removal of the southernmost 13 parking spaces and the development of an enhanced berm adjacent to the natural habitat buffer zone. Leeson outlined the appeal assertions. Regarding the buffer setback, the appeal questions how the plan meets the Land Use Code’s qualitative standards. Leeson stated the landscape plan clearly shows no vegetation, wetland, or bank disturbance. The project proposes all native plantings, a naturalistic grading of the detention area, and a berm along the parking area to eliminate light spillage toward the river. Staff found the proposal met the performance standards and the conditions of approval further enhance that compliance. The second appeal question is related to how the plan meets the maximum height standard. Leeson stated the project requested a modification to this standard with one portion of the building exceeding three stories. Leeson showed elevation renderings and stated staff supported the modification based on the finding it was nominal and inconsequential. 1.1 Packet Pg. 23 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 243 The third appeal question is related to no vehicle use behind the building. Leeson stated the site plan shows the proposed parking area behind the building and stated staff recommended approval of the modification finding the proposal equal to or better than a compliant proposal. Staff found the site must have vehicle use behind the building to meet emergency access requirements. Mayor Troxell asked Councilmembers to discuss observations made during the site visit. Councilmember Cunniff stated he observed the location of the buffer boundary, the edge of the proposed parking lot, and surrounding context with adjoining parcels. Councilmember Overbeck stated he observed the site and asked questions about the lot to be acquired from the neighbor to the east. Mayor Troxell stated he observed the site and did not ask any questions. (Secretary’s Note: Council took a brief recess at this point in the meeting.) Councilmember Cunniff questioned how the modifications to the 300-foot buffer are necessary to achieve the performance standards. He stated he would likely not deal with the building height issue and stated the parking lot modification is related to the buffer zone. Lucia Liley, attorney representing the applicant, discussed the project noting it is geared toward the business traveler. Both the hotel and restaurant use are permitted uses in the zone and the project is within a targeted infill redevelopment area. Ms. Liley stated the emergency access loop around the building was designed as the only feasible way to provide emergency access and sufficient site circulation. As a result, the applicant has provided an enhanced buffer, including a berm and dense landscaping to screen the vehicle use area facing the river. Ms. Liley discussed the building height modification and noted many 3-story buildings are 40 feet in height. At is highest, the partial fourth-story will be 48 feet in height. Ms. Liley stated this project is modeled after the historic Harmony Mills building and utilizes contemporary semi- industrial elements to maintain compatibility with nearby breweries. Ms. Liley stated the vast majority of the site’s parking is in the garage or side lots and there is no parking or vehicle use area on the street side; however, there is limited parking and a part of the emergency access drive aisle facing the river. This modification is based on two grounds: exceptional conditions unique to the property, and the plan being equal to or better than a compliant plan. Ms. Liley stated the applicant accepted two conditions of approval: eliminating the 13 parking spaces and redesigning the berm to further mitigate vehicle headlights. She stated the berm will be at least 4 feet tall with a maximum slope of 4 to 1. Ms. Liley stated the decision maker has the ability to reduce or enlarge buffer zone distances based upon compliance with the buffer performance standards. The proposed buffer ranges from 176.5 to 244.5 feet and the river corridor and buffer occupy 44% of the entire site. Ms. Liley discussed the performance standards and purpose of buffer zones. She noted the ecological characterization report for the site describes the property as being devoid of wildlife use, wetlands, native vegetation, trees, special habitat features, and ecosystem functions. The report also noted opportunities to restore the property with appropriate plantings to create habitat. Ms. Liley 1.1 Packet Pg. 24 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 244 discussed proposed improvements for the ecological aspects of the site. The development has been designed to protect the buffer and river corridor by locating outdoor activities on the far side of the building and removing fencing, among other techniques and features. Ms. Liley provided letters of support from the Downtown Development Authority, Odell Brewery, and Woodward. Councilmember Cunniff stated he does not question the project’s commitment to the conceptual standards of City Plan and other plans; however, he asked in what sense it was necessary to reduce the river buffer size to meet the performance standards. He noted there are other allowable uses for the parcel and asked what guidance staff provided the applicant about the river buffer standards. Rebecca Everette, Senior Environmental Planner, replied Land Use Code Section 3.4.1 allows for some discretion of the part of the decision maker to adjust buffer distances. There are frequently trade-offs between the quality and quantity of the buffer and this project provides an opportunity to gain significant ecological enhancement given the current status of the land. Councilmember Cunniff read an excerpt from City Plan as follows: “ensure setbacks for channel instability and improved channel migration…apply buffer zones in corridor vertical and lateral channel stability with new development and redevelopment to ensure adequate setbacks are provided to account for the lateral migration of the river channel across the floodplain and vertical degradation.” He asked if the river’s tendency to want to form an oxbow at this location was taken into account when looking at the buffer standard modifications. Everette replied in the affirmative and stated the Parks Department is very concerned about the Poudre Trail in that area because of the river’s migration. The proposed project would relocate the trail and give the City the opportunity to do the stream bank stabilization it has been unable to accomplish with the current property owner. Staff feels the proposed buffer would adequately allow for future river migration. Councilmember Cunniff asked if the stabilization is going to include making the bank shallower in one area and asked why it was necessary to make the buffer smaller. Shane Boyle, Water Utilities Development Review Manager, replied Stormwater is currently partnering with Parks to help mitigate undercutting of the trail in that area. Part of the project will shallow the bank to allow for water spread and move the bank farther to the north. Councilmember Cunniff asked if the intent of the policy he read is to provide as much of a buffer within the 300 feet as possible to allow for river evolution. Boyle replied that is one of the considerations; however, this is an urban area and safety considerations exist. Councilmember Cunniff asked if there was intent to have a narrower buffer standard based on various mitigation proposals as part of the conceptual review for this project. Everette replied that was part of the discussion during the preliminary design review meeting and subsequent pre- submittal meetings. The original proposal had a narrower buffer than what was eventually submitted. Councilmember Cunniff asked if some other project or use could have better complied with the buffer standard. Everette replied the intent of Section 3.4.1 is to protect, enhance, and buffer significant natural features. In its review, staff found the river and its corridor were adequately protected and significantly enhanced; therefore, the performance standards could be accomplished with the narrower buffer. She acknowledged the same level of protection could have been accomplished with a 300-foot buffer as well. 1.1 Packet Pg. 25 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 245 Councilmember Cunniff asked if part of the access behind the building was due to emergency access needs. Clay Frickey, City Planner, replied in the affirmative and stated Poudre Fire Authority requires the access aisle width. The parking spaces eliminated as part of the approval of this project were not required in order to meet the parking minimum, which is 86 spaces. The project was proposing 124 spaces and the condition of approval removed 13 of those; therefore, removing 3 more spaces would still place the project above the minimum standard. Councilmember Cunniff discussed the 3 additional spaces he would propose eliminating. He asked if the detention pond meets the required minimum. Boyle replied in the affirmative. Councilmember Cunniff asked how the proposed vegetation density compares to the natural vegetation density in the absence of human intervention. Everette replied that type of assessment has not occurred. Councilmember Cunniff asked how the landscape plan was analyzed relative to the standards. Everette replied the proposal was compared to other recent restoration projects along the river, the plant species are all on the City’s approved native plants list, and much thought went into creating diverse landscape pockets and elements to create micro-climates and small, differentiated habitats on the site. Councilmember Cunniff asked how staff would address a commitment by the applicant to include additional plantings. Everette replied Land Use Code requirements ensure tree species diversity; a similar approach would be taken when evaluating any new plantings. Councilmember Cunniff asked the applicant if they would be willing to increase the berm height. Ms. Liley replied the Hearing Officer’s condition did not specify a height, and the applicant would be willing to accept a condition that it be at least 4 feet in height at a 4 to 1 slope. She stated appropriate additional landscaping would be provided based on the increase in berm height. Councilmember Cunniff asked how the applicant would feel about eliminating the aforementioned 3 parking spaces. Ms. Liley replied losing the 13 spaces already puts this hotel on the edge of what it needs, and the restaurant use must still be parked. She noted the 3 spaces are not near the buffer. Councilmember Cunniff stated the 3 spaces face the mitigation area of the adjacent parcel. Moira Bright, Spirit Hospitality Senior Vice-President of Development, replied she could not commit to eliminating the parking spaces, partially because that is the location of the trail connection. Councilmember Cunniff asked if there will be screening for those 3 spaces. Ms. Bright replied there is nothing planned for the Spirit parcel. Councilmember Overbeck asked how much consideration has been given to sound protection of the drive aisle. Everette replied no sound studies were required; however, the way the building is designed places active uses and gathering spaces as far away from the buffer as possible. Councilmember Overbeck asked if delivery trucks will be using the drive aisle. Ms. Liley replied in the affirmative. Councilmember Overbeck discussed the importance of reducing noise impacts on habitat. 1.1 Packet Pg. 26 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 246 Councilmember Martinez asked if noise considerations are part of the appeal. Councilmember Overbeck replied noise affects the ecological character of wildlife functions. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to uphold the Hearing Officer’s decision approving the modification of standards included in the Spirit at the River Project Development Plan 170026 to allow portions of the building to include 4 stories as it meets at least one of the criteria set forth in Land Use Code Section 2.8.2(H)(1-4) and is not detrimental to the public good and for the reasons articulated by the Hearing Officer. Councilmember Cunniff stated this modification is not atypical and the visual impact of the additional story is insignificant. The vote on the motion was as follows: Yeas: Overbeck, Stephens, Martinez, Cunniff, Summers, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Stephens, that Council uphold the Hearing Officer’s decision approving the modification of standards included in the Spirit at the River Project Development Plan 170026 to provide for a drive aisle loop around the building, including a limited amount of parking and drive aisle behind the parking, meets at least one of the criteria set forth in Land Use Code Section 2.8.2(H)(1)-(4) and is not detrimental to the public good for the reasons articulated by the Hearing Officer, and with additional consideration of the need to reduce headlight intrusion on the neighboring buffer area from the west parking spaces. Additionally, a condition shall be imposed as follows: the applicant will work with staff to consider additional modifications to reduce headlight intrusion into the adjacent parcel. Mayor Troxell asked if some other means of reducing the light spillover would be acceptable. Councilmember Cunniff accepted a friendly amendment to investigate landscaping or parking elimination. Ms. Liley asked if the applicant could look at appropriate shielding that may not necessarily be landscaping. Councilmember Cunniff accepted that request. Councilmember Summers asked what type of wildlife is anticipated to be using this area. Everette replied staff has not done any surveys of the site in particular; however, Natural Areas staff documents wildlife along the full river corridor, including a variety of small and large mammals, birds, and invertebrate species. Most species are most active in the dawn and dusk species; however, there are nocturnal species as well. Councilmember Summers asked about the In-Situ buffer zone. Everette replied it includes a mix of trees, shrubs, native and non-native grasses, flowering plants, a detention pond, a community garden, and some small gathering areas. Councilmember Overbeck asked how many species have been identified in Fort Collins that could possibly utilize the area. John Stokes, Natural Areas Director, replied he does not have that specific information available, but it is likely in the hundreds. 1.1 Packet Pg. 27 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 247 Shelley LaMastra, project planner, stated this site provides trail access from Lincoln Avenue to the Poudre River in lieu of landscaping along the parking spaces. Any fencing would need to be coordinated with In-Situ unless the trail width were to be narrowed. Councilmember Cunniff stated he would like the applicant to consider some lessening of headlight intrusion. Mayor Troxell noted the elimination of fences is seen as being positive for wildlife. Councilmembers Cunniff and Stephens accepted the motion wording changes as recorded by City Attorney Daggett. Councilmember Stephens stated the protection of the river corridor is important and narrowing down this language aids in that protection. Mayor Troxell stated this project will greatly enhance this existing portion of the river corridor. Councilmember Cunniff agreed this will be an improvement over existing conditions, but stated Council needs to ensure the best project is put forth within existing constraints. The vote on the motion was as follows: Yeas: Stephens, Martinez, Cunniff, Horak, Troxell and Overbeck. Nays: Summers. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that Council find the Hearing Officer’s decision approving the natural area buffer included in Spirit at the River Project Development Plan 170026, subject to the two conditions imposed, meets the performance standards of Land Use Code Section 3.4.1(E)(1)(a)-(i) for the reasons articulated by the Hearing Officer, and with additional consideration of the need to reduce headlight and noise intrusion on the Poudre River buffer zone, and that additional conditions shall be imposed as follows: that the height of the berm at the southern edge of the drive aisle be modified to the maximum height that will maintain a slope of four to one, with a minimum height of 4 feet, and that plantings in the buffer zone be increased by working with staff to develop an improved landscape plan. Councilmember Cunniff stated Council is obligated to adopt the applicant’s willingness to consider additional modifications and arrive at an acceptable compromise. He stated he is interested in future conversations regarding staff’s interpretation of this Land Use Code section for future applicants. Councilmember Martinez asked the applicant if these conditions are feasible. Ms. Liley replied in the affirmative. The vote on the motion was as follows: Yeas: Stephens, Martinez, Cunniff, Horak, Troxell and Overbeck. Nays: Summers. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, that, in light of the findings in the previous three motions, based on the evidence in the record and presented at this 1.1 Packet Pg. 28 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 248 hearing, that the decision is modified as set forth in the previous motions, and except as so modified is upheld as approved by the Hearing Officer. RESULT: HEARING OFFICER DECISION UPHELD, WITH CONDITIONS, ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 16. First Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project. (Adopted on First Reading) The purpose of this item is to appropriate $10,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural Area Department programs to benefit the citizens of Fort Collins. Eric Sutherland discussed other possible uses for these funds, citing specific trails needing maintenance. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 059, 2018, on First Reading. Mayor Pro Tem Horak stated Mr. Sutherland has made some good points and requested staff feedback in writing regarding trail maintenance. John Stokes, Natural Areas Manager, stated the section of trail referenced by Mr. Sutherland is the worst of the 115 miles managed by Natural Areas staff and he will return with a follow-up memo. RESULT: ORDINANCE NO. 059, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 17. First Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners. (Adopted on First Reading) The purpose of this item is to amend City Code (Code) to provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item amends the Code to provide for an expanded URA Board that includes a county appointment, school district appointment, an appointment from among the special districts, and to restore the board to an odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county, school district and special district 1.1 Packet Pg. 29 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 249 appointees are not subject to the City’s conflict of interest provisions, but are subject to the conflict of interest provisions that govern URAs as per state law. Eric Sutherland questioned the City Code’s reference to appointing URA Board members and questioned why new members are just now being added. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 061, 2018, on First Reading. Councilmember Cunniff commended the completion of the URA Board membership. Mayor Pro Tem Horak noted Mr. Sutherland’s lawsuit is taking school funding for legal defense purposes. RESULT: ORDINANCE NO. 061, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • OTHER BUSINESS Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to designate Mayor Pro Tem Horak as City Council’s representative to address the Larimer County Commissioners regarding the proposed sign code variance for American Furniture Warehouse. Mayor Pro Tem Horak stated the variance request is for a much larger sign than is acceptable in either the City or County. The vote on the motion was as follows: Yeas: Troxell, Overbeck, Stephens, Martinez, Cunniff, Summers and Horak. Nays: none. THE MOTION CARRIED. Councilmember Cunniff requested and received Council support to ask staff to examine the proposed 2030 clean energy resolution and compare it to Fort Collins’ plans resulting in perhaps a similar resolution for Council consideration. Mayor Pro Tem Horak stated he would like to gain additional information prior to the formation of a resolution. Councilmember Cunniff noted he did not specify a timeline and would like staff to investigate the possibility of meeting a 2030 100% renewable energy goal. Mayor Troxell stated such a goal is full of blind spots and is not in line with the kinds of efforts being made by the City. Councilmember Summers concurred with Mayor Troxell. Mayor Pro Tem Horak discussed the importance of the City and PRPA getting more information out to the public about what is actually occurring. 1.1 Packet Pg. 30 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 1, 2018 City of Fort Collins Page 250 Mayor Pro Tem Horak stated staff has indicated they want to hold negotiations with Northern Integrated Supply Project and an Executive Session will potentially occur. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM, Tuesday, May 8, 2018, for the purpose of considering a possible executive session regarding legal issues related to the Northern Integrated Supply Project and such other business as may come before the Council. The vote on the motion was as follows: Yeas: Troxell, Overbeck, Stephens, Martinez, Cunniff, Summers and Horak. Nays: none. THE MOTION CARRIED. • ADJOURNMENT The meeting adjourned at 10:11 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 31 Attachment: May 1, 2018 (6840 : Minutes-5/1, 5/8, 5/15) City of Fort Collins Page 251 May 8, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Coldiron 1. Resolution 2018-045 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer's Type 1 Administrative Decision Approving the Spirit at the River Project Development Plan, PDP 17-0026 With Additional Conditions. (Adopted) The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Hearing Officer decision to approve the Spirit at the River Project Development Plan. The appeal was heard by City Council on May 1, 2018. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2018-045. Councilmember Cunniff stated he would have preferred a different outcome and stated the Code does not exempt buffer zone requirements because the project is better than what exists. He could support the motion assuming he could receive Council support to direct the City Manager to evaluate the river buffer and tighten enforcement. RESULT: RESOLUTION 2018-045 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • OTHER BUSINESS Councilmember Cunniff requested and received Council support to direct the City Manager to evaluate the river and other buffer standards with a focus on moving closer to the maximum buffer sizes. Mayor Pro Tem Horak supported a review; however, he stated the 300-foot buffer distance was a political decision, not a scientific decision, and he does not want to make a commitment to the 300-foot distance. Councilmembers Martinez and Summers agreed. Councilmember Stephens stated it would be good to know what types of concessions are worth decreasing the 300-foot distance. She stated more clarity would be helpful. Councilmember Cunniff stated the standard that makes the most sense is the one that will protect the river corridor per the goals of City Plan and the Land Use Code. Mayor Troxell stated the river corridor should be taken in context and flexibility for more restoration should exist. 1.2 Packet Pg. 32 Attachment: May 8, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 8, 2018 City of Fort Collins Page 252 Councilmember Overbeck supported reviewing buffer standards to ensure the least impact on habitat. Councilmember Overbeck requested Council support to bring forth a discussion and motion regarding support for an amicus brief on the Colorado Oil and Gas Conservation Commission v. Martinez Colorado Supreme Court case at the next Council meeting. Mayor Pro Tem Horak stated a week’s notice is not reasonable and suggested a June 3 date. City Attorney Daggett stated those working on the amicus brief have given the City until May 25 to either opt in or decline participation. Councilmember Cunniff stated he would rather see this item on a regular business meeting, which would be next week. Mayor Troxell stated he is not yet informed about the details and would need additional information to determine whether supporting the brief should be considered. Councilmember Overbeck noted Boulder County and other front range communities are involved in the brief. City Attorney Daggett stated there are currently 13 municipalities supporting the brief. Councilmember Martinez noted the Court will hear the case regardless of how many municipalities sign on to support a brief. Councilmember Cunniff asked when briefs are due to the Court. City Attorney Daggett replied she is unsure of that date; however, the authors of this brief are requesting the May 25 deadline. Councilmember Cunniff asked if Fort Collins could create its own brief after hearing the item in early June. City Attorney Daggett replied that would require the City Attorney’s Office to set aside other work in order to get a brief prepared. Mayor Pro Tem Horak and Councilmember Cunniff suggested copying the language of the existing brief. City Attorney Daggett stated staff would not copy the language; however, staff does not have any concerns with the existing brief. Councilmember Summers stated this is a political anti-oil and gas effort. City Attorney Daggett stated she would need to procedurally evaluate what steps would be needed to allow the City to file its own amicus brief. Mayor Pro Tem Horak suggested the City Attorney look at dates and report back to Council by next Tuesday. Councilmember Overbeck agreed. Councilmember Cunniff stated it has been shown that the ozone concentrations in Larimer County are at least partly attributable to oil and gas emissions in Weld County. 1.2 Packet Pg. 33 Attachment: May 8, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 8, 2018 City of Fort Collins Page 253 Councilmember Summers stated the Court will look at whether the basis of the suit that says there is no consideration for health and safety is accurate, a statement with which he disagreed. Mayor Pro Tem Horak summarized there is enough support to have the City Attorney report back next week. Adjourn into Executive Session Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into Executive Session for the purpose of meeting with the City Attorney and the City Management staff to discuss the following matters as permitted under Section 2-31(A)(2) of the City Code and the Colorado Revised Statutes Section 24-6-402(4)(B), specifically with questions relating to litigation or potential litigation involving the City regarding federal and state review and permitting of water storage projects, and specifically the Northern Integrated Supply Project, and the matter in which particular policies, practices, or regulations of the City that may be impacted by the proposed Northern Integrated Supply Project may be affected by existing or proposed provisions of federal, state, or local law. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • ADJOURNMENT The meeting adjourned at 7:26 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 34 Attachment: May 8, 2018 (6840 : Minutes-5/1, 5/8, 5/15) City of Fort Collins Page 254 May 15, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 7, Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024, has an amended Resolution and the staff report related to the I-25 Business Alliance will be moved to the July meeting. Staff will give an update on the Urban Renewal Authority. Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project, 4, Second Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners, and 7, Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024, from the Consent Agenda. • CITIZEN PARTICIPATION Eric Sutherland opposed the current development review process from the perspective of citizens. He stated the development review citizen liaison is ineffective. Kathryn Dubiel opposed the approval and planning process of the Spirit at the River PDP. Colleen Hoffman discussed an apartment project, approved as an expansion of an existing complex, and stated it does not meet the Land Use Code on its own merit. Adam Lovell discussed recent tragedies in the Gaza Strip and encouraged the City to support the Palestinian people. He stated Vector Disease Control International needs to be held accountable in its spraying and encouraged the City to ban neonicotinoids. Kevin Cross urged Council to support the amicus brief in the COGCC v. Martinez case. Jesse Bierman expressed concern about the opioid crisis. Ted Walkup thanked Councilmember Overbeck for requesting Council’s support of the amicus brief in the COGCC v. Martinez case. He stated oil and gas operations have a detrimental effect on children’s physical and mental development. 1.3 Packet Pg. 35 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 255 Hannah Samuel discussed the opioid crisis and its impact on Colorado and Fort Collins. Elizabeth Hudetz, Fort Collins Sustainability Group, urged Council to support the amicus brief in the COGCC v. Martinez case. Logan Schmitt discussed the opioid crisis and stated he has witnessed kids doing drugs at local skate parks. He requested the City have more supervision at parks. Necee (no last name given) expressed concern about the state of our livable future. Jeremy Mack expressed concern about the decline of flying insects. Kaitlyn Young discussed medicinal benefits of plants often sprayed as weeds. Gayla Martinez urged Council to support the amicus brief in the COGCC v. Martinez case. Tim Gosser, 350 Northern Colorado, thanked Councilmember Overbeck for his support of the COGCC v. Martinez amicus brief and urged Council to support the brief. John Anderson discussed sustainability and stated the planet is in worse shape now than it was in the 1970’s. Fred Kirsch discussed Fort Collins’ solar efforts and stated citizens must continue voicing opinions and concerns. Nicholas Mouton stated a contractor has been hired to spray herbicides in the LaFamilia garden. He stated herbicides should be banned in the city. Thomas Edwards stated his numbers and the City’s numbers on bicycle ridership do not match and there are significant numbers of cyclists breaking traffic laws. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tem Horak summarized the citizen comments. Councilmember Cunniff stated he would like to conduct an insect inventory in Fort Collins and requested information as to the herbicides and pesticides used at City parks and buildings. He thanked the students who spoke and requested staff follow-up with a report on substance use at City parks. Councilmember Martinez requested staff follow up regarding Mr. Mouton’s comments. He thanked the students who spoke regarding the opioid crisis. Councilmember Summers thanked the students who spoke regarding the opioid crisis. Councilmember Stephens thanked the students who spoke regarding the opioid crisis. Councilmember Cunniff discussed the importance of drug take-back days and requested additional information regarding Mr. Kirsh’s comments. 1.3 Packet Pg. 36 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 256 Mayor Pro Tem Horak stated he believes citizens would be outraged if renewable energy sources were placed in Natural Areas. • CONSENT CALENDAR Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 1. Consideration and Approval of the Minutes of the April 17, 2018 Regular Council Meeting and the April 24, 2018 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the April 17, 2018 Regular Council Meeting and the April 24, 2018 Adjourned Council Meeting. 2. Second Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in the Transportation Fund from the Colorado Department of Transportation and the BNSF Railway Foundation for the Safe Routes to School Program. (Adopted) This Ordinance, adopted on First Reading on May 1, 2018, appropriates $25,584 in unbudgeted funds received through two grants for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584 grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant for SRTS bike-pedestrian safety education in K-8 schools. This project requires a 20% local match for the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant. On Second Reading, the reference to “BNSF Railroad Foundation” has been changed to “BNSF Railway Foundation.” 3. Second Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property Interests on City-Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC. (Adopted) This Ordinance, unanimously adopted on First Reading on May 1, 2018, authorizes the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor). 4. Second Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Arapaho Bend Natural Area. (Adopted) This Ordinance, adopted on First Reading on May 1, 2018, authorizes the conveyance of two permanent right-of-way easements, one temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT). 1.3 Packet Pg. 37 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 257 5. First Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. (Adopted) The purpose of this item is to present an affordable housing fee waiver request for Oakridge Crossing and if granted, authorizing a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. 6. First Reading of Ordinance No. 068, 2018, Designating the McMillan-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is to consider the request for landmark designation for the McMillen-Patterson Property, 121 North Grant Avenue, an excellent example of an Eastlake-style home from the late 1880s. 7. First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. 8. Resolution 2018-047 Supporting Consulting Services Related to Interstate 25 (I-25) Funding for Traffic Solution Efforts. (Adopted) The purpose of this item is to provide a Resolution of support for the Fix North I-25 Business Alliance’s efforts to seek timely improvements to the I-25 Corridor in Northern Colorado. This item supports Council Priority for I-25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council legislative priority re: I-25 funding. 9. Resolution 2018-048 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2018 to the Colorado Housing and Finance Authority and Housing Catalyst to Finance the Rehabilitation or Construction of Affordable Housing Units. (Adopted) The purpose of this item is to support two local affordable housing projects by assigning the City’s 2018 Private Activity Bond allocation. 10. Resolution 2018-049 Approving Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. 11. Resolution 2018-050 Making Appointments to the Affordable Housing Board, Golf Board, Parks and Recreation Board and Youth Advisory Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Rachel Auldridge to fill a vacancy on the Affordable Housing Board due to the resignation of Eloise Emery. Appoint Bob Pawlikowski to the Golf Board due to the resignation of Ashley Gruber. Appoint Robert Kingsbury to the Parks and Recreation Board due to the resignation of Kenneth Layton. Appoint Sam Hammock, Suhaas Narayanan, and Kaustubh Kaushik 1.3 Packet Pg. 38 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 258 to the Youth Advisory Board due to resignations from Roshini Narayanan and Betsy Pruznick and term expiration of Nela Mohan. In December 2017, Councilmembers Bob Overbeck and Ken Summers interviewed applicants for the Affordable Housing Board; Councilmembers Ken Summers and Kristin Stephen interviewed applicants for the Parks and Recreation Board from a pool of candidates solicited during the fall of 2017. Recommendations for appointments were made and several applicants were identified for any future vacancies. On May 9, 2018 Councilmembers Ray Martinez and Bob Overbeck conducted interviews for the Golf Board and the Youth Advisory Board from applications received during the first quarter of 2018. • END CONSENT • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested follow up on how the City plans to ensure the apartments stay dedicated for the use of individuals at 30% AMI or lower. • STAFF REPORTS Deputy City Manager Mihelich stated recent development review process enhancements will increase efficiencies and improve customer service, but not at the expense of losing quality design standards. Staff is committed to making the new process predictable, consistent, friendly, and fair. Specific changes will include electronic plan review, hiring new development review coordinators to be liaisons for customers, providing accurate fee estimates at the concept phase, and providing real time tracking of cases from start to finish. Councilmember Cunniff stated he has heard concerns development review fees are being used as a general fund “slush fund”. He also stated accuracy needs to be part of the new process and asked where the idea of overhauling the Land Use Code originated. Mihelich replied that has come from community stakeholders and City Plan feedback. He stated that overhaul will be written as a BFO offer. Councilmember Cunniff asked if neighborhood stakeholders have expressed the opinion that the Land Use Code needs to be changed. Mihelich replied a stakeholder committee, including neighborhood residents, would be formed as part of the process if Council provides direction to move forward. City Manager Atteberry agreed with Councilmember Cunniff’s statements. Councilmember Martinez asked what happens with extra development review funds. City Manager Atteberry replied he would prefer to address that before the Council Finance Committee but noted there is clear accounting for all funds. • URBAN RENEWAL AUTHORITY UPDATE (JOSH BIRKS) Josh Birks, Economic Health Director, discussed how urban renewal aligns with the City’s vision, mission, and values. He stated the Urban Renewal Authority Board is expanding as a result of statute changes made in 2015. The new Board will consist of the existing Councilmembers, Steve Johnson, Larimer County Commissioner, Christophe Febvre, Poudre School District Board 1.3 Packet Pg. 39 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 259 President, Joe Weiss, Poudre River Public Library District Board member, and Andy Smith, who was a Mayoral appointment. Birks discussed the training received by the new Board. Councilmember Cunniff thanked the newly appointed members for their service. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on the Safe Routes to School event at Lesher and the Metropolitan Planning Organization meeting. Councilmember Martinez reported on Teacher and Nurse Appreciation Week and showed slides of the National Tourism Breakfast at CSU, the FoCo Space Out event, the Outreach Fort Collins community appreciation event during which an employee who has worked at the library for 45 years was recognized. Mayor Pro Tem Horak reported on his presentation to the Larimer County Commissioners on the proposed American Furniture Warehouse sign. The company submitted for a slightly smaller sign and the Commissioners did not approve a moving message sign. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS • DISCUSSION ITEMS 12. Resolution 2018-051 Amending the West Nile Virus Management Policy and Providing Direction to the City Manager Regarding Implementation of the Policy. (Adopted) The purpose of this item is to adopt enhancements to the West Nile Virus Management Program. Staff is presenting three options for Council consideration; the first two options would update the West Nile Virus (WNV) Management Policy, and the final option maintains the status quo. The program changes being offered propose changes to the program response guidelines (operational practices) as they relate to the vector index requirement and human case requirement threshold. Mike Calhoun, Director of Parks, stated the City’s policy regarding West Nile is to reduce the risk of human West Nile Virus impacts while limiting adverse human health and environmental impacts of operations. He discussed the City’s process addressing West Nile and mosquito spraying and stated staff was asked to review the adult mosquito control thresholds during its annual continual improvement assessment. He stated the staff recommendation decreases the vector index to 0.5 from 0.75 and removes the human case consideration. Calhoun discussed the vector index, which is a mathematical calculation that expresses the virus activity in the mosquito population. He stated the goal is to spray prior to the peak in infection rates. Calhoun discussed an alternative proposal which would leave the vector index at 0.75 but still remove the human case consideration, or Council could opt to leave the vector index at 0.75 and leave the human case consideration intact. Terry Francl stated his property abuts the Fossil Creek wetlands and supported adoption of the staff-recommended Resolution. 1.3 Packet Pg. 40 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 260 Adam Lovell supported adoption of the staff-recommended Resolution but requested signage be posted during spraying and encouraged staff to look into organic spraying alternatives. Eric Levine noted the City’s main treatment is larvaciding rather than adulticiding. He supported the City’s monitoring program and supported leaving the vector index as is. John Ruehrig supported adoption of the staff-recommended Resolution to lower the vector index and eliminate the human case consideration. Dr. Chet Moore discussed the relationship between the vector index and human cases and stated there will be human cases in subsequent weeks when the vector is 0.5 or above. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt Resolution 2018-051, Option 1. Councilmember Cunniff stated one of the components of West Nile infection rates is the response of individuals to the presence of mosquitos. He asked if spraying too much, or without significant effect, could negatively impact West Nile infection rates. Calhoun replied staff is very thoughtful and deliberate about public outreach efforts and will improve those efforts based on annual examination. Councilmember Cunniff asked how wetlands such as Fossil Creek are addressed. Calhoun replied more resources going toward larvaciding could increase the effectiveness of the wetland portion of the program. Councilmember Cunniff requested staff address the recommendations of the technical advisory committee. Matt Parker, Natural Areas Crew Chief, replied there are divergent viewpoints on the technical advisory committee that are not going to take a stance that would lead to more frequent applications. Councilmember Summers asked how robust the discussions at boards and commissions were. Parker replied the three boards have historically had input on this issue and they received a detailed presentation. Councilmember Summers discussed the City’s goal for West Nile and stated it does not address eliminating risk. He supported the staff recommendation and stated there is no information as to what type of exposure to spraying it would take to create a negative impact. Mayor Pro Tem Horak discussed the logic used while spraying. He questioned why a significant drop in cases does not exist 3 weeks after spraying. Councilmember Summers stated there is not a direct nexus between numbers of West Nile cases in a theoretical model; however, the policy staff is proposing reduces the risk of infection. Councilmember Cunniff supported providing more notification at the parking lots of Natural Areas and parks. He did not support of going to the 0.5 vector index and zero human cases threshold as the risk may be increased if spraying occurs more often. He stated there is not a firm chain of causality established between adulticiding and reducing the risk of human cases. He is not 1.3 Packet Pg. 41 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 261 convinced changing the policy in both the vector index and human case consideration will make the most difference in reducing risk. Mayor Pro Tem Horak asked how additional spraying would be funded if the vector index is changed to 0.5. Calhoun stated the County has two staff members that assist on the technical advisory committee; however, they do not fund the larvaciding program. The vote on the motion was as follows: Yeas: Martinez and Summers. Nays: Cunniff, Horak, Stephens and Overbeck. THE MOTION FAILED. Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt Resolution 2018-051, Option 2. Mayor Pro Tem Horak stated he will support the motion and stated he would like to see the County provide additional funding. Councilmember Summers stated it is important to understand the County has incurred the cost of spraying inside City limits when it is their decision to spray. Councilmember Stephens stated she would support the motion as she does not feel secure enough in the data to ensure that lowering the vector index is the right way to go. Councilmember Overbeck stated he would support the motion and suggested the CDC and USDA collaborate to look at monitoring of West Nile in rural areas. Councilmember Cunniff stated he would not support the motion because the community has yet to reach a consensus on the topic. RESULT: RESOLUTION 2018-051, OPTION 2, ADOPTED [5 TO 1] MOVER: Ken Summers, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Overbeck, Horak NAYS: Cunniff ABSENT: Troxell 13. Resolution 2018-052 Authorizing the Execution of a Funding Agreement Between the City and the Housing Authority for a Loan of Funds from the Affordable Housing Capital Fund for Mason Place. (Adopted) The purpose of this item is to consider a resolution authorizing the execution of a funding agreement between the City of Fort Collins and Fort Collins Housing Authority (doing business as Housing Catalyst) for a loan of funds from the Affordable Housing Capital Fund (specific fund within the Community Capital Improvement Program) for the construction of Mason Place, a permanent supportive housing development. The funding amount requested is $876,662, to assist with the remaining funding gap prior to application for Low Income Housing Tax Credits which, along with mortgage debt, will provide the majority of the funding needed for the project. The proposed agreement will be subject to future appropriation by the City Council. Jackie Kozak-Thiel, Chief Sustainability Director, stated this item is the first request to use this fund for a direct subsidy, specifically to provide support for a permanent supportive housing 1.3 Packet Pg. 42 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 262 development by Housing Catalyst. She noted Council received a recommendation from Homeward 2020 in support of the request. Beth Sowder, Social Sustainability Director, stated this item would authorize the execution of a funding agreement with Housing Catalyst. This would be a loan from the affordable housing capital fund for the construction of Mason Place, a permanent supportive housing development. The loan will allow the funding gap to be filled prior to the project applying for low-income tax credits. Sowder discussed the ways in which this proposal meets the City’s goals and objectives. Mason Place will be similar to Redtail Ponds in both programming and design. The loan will be provided over a 3-year period and is conditioned upon Housing Catalyst receiving the 2018 low- income tax credit award. Staff and the Affordable Housing Board are recommending approval of this item. David Bye, Housing Catalyst Board Chair, thanked the City for its support of affordable housing and noted Redtail Ponds is an award-winning project. Julie Brewen, Housing Catalyst Executive Director, discussed the importance of permanent supportive housing and thanked Council for its thoughtful consideration. Councilmember Cunniff discussed the process for this item and stated a memo to the Council Finance Committee should occur in the future. He discussed the importance of the project in the community. Councilmember Stephens asked about the Community Development Block Grant (CDBG) funding of the project. Sowder replied there were five applications, two of which were 100% funded and two of which, including this project, were partially funded. Councilmember Martinez asked if this project provides housing only for individuals with disabilities. Ms. Brewen replied the HUD funding requires each resident to have a disability; however, that definition is quite broad. Councilmember Stephens made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2018-052. Councilmember Martinez expressed appreciation for this project. Councilmember Stephens commended the Redtail Ponds project and stated she will be happy to support this project. Mayor Pro Tem Horak and Councilmember Cunniff expressed support for the project. RESULT: RESOLUTION 2018-052 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 1.3 Packet Pg. 43 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 263 • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 14. Second Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 1, 2018, appropriates $10,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural Area Department programs to benefit the citizens of Fort Collins. Eric Sutherland stated one of the most heavily used trails in the city is in need of significant maintenance. He stated trail maintenance should be prioritized over land acquisition. He opposed the fact no specific parcel or parcels is identified for acquisition. John Stokes, Natural Areas Director, stated every mile of trails is analyzed annually and the section shown by Mr. Sutherland is characterized as being in poor condition; however, some users are not opposed to its condition. The Foothills Management Plan will be updated beginning this year and public outreach about all Foothills trails will occur. Additionally, there is planned maintenance on a portion of that trail this summer. Councilmember Summers asked if there is a budget plan for trail maintenance. Stokes replied in the affirmative and stated this appropriation will not affect that fund. Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 059, 2018, on Second Reading. RESULT: ORDINANCE NO. 059, 2018, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 15. Second Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 1, 2018, amends City Code (Code) to provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item amends the Code to provide for an expanded URA Board that includes a county appointment, school district appointment, an appointment from among the special districts, and to restore the board to an odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county, school district and special district appointees are not subject to the City’s conflict of interest provisions, but are subject to the conflict of interest provisions that govern URAs as per state law. Eric Sutherland stated his lawsuit against the School District has been a tragedy for the community and stated Council and School Board members know nothing about the issue. The URA 1.3 Packet Pg. 44 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 264 appointments have never been made by the Mayor, per Code, until this appointment and discussed what he called a “mythical” trigger mechanism for enlarging the URA Board. Councilmember Martinez requested City Attorney input regarding Mr. Sutherland’s comments. City Attorney Daggett replied she disagrees with Mr. Sutherland’s interpretation and the language is clear in that there are specific triggering mechanisms, including adoption of a new plan or amendment of a plan, for enlarging the URA Board. Councilmember Martinez asked if the Board needed to be appointed by the Mayor. City Attorney Daggett replied the Code language will be changing as a new process is being adopted. She stated Council is properly on the URA Board due to the City’s practices; however, this Ordinance will provide new language and a new process. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 061, 2018, on Second Reading. RESULT: ORDINANCE NO. 061, 2018, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 16. Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024. (Adopted on First Reading) A. Resolution 2018-046 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. B. First Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six- Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. The purpose of this item is to renew the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2018-046 will approve the Second Intergovernmental Agreement (IGA), which provides the process steps by which the City and DDA engage the LOC. Matt Robenault, Downtown Development Authority Executive Director, stated this item requests a renewal of a line of credit with First National Bank. The line of credit is used to satisfy the statutory requirements for expenditure of tax increment and to generate proceeds to fund DDA projects and programs. It is anticipated the line of credit will be used to fund $36 million in projects during its 6-year term. 1.3 Packet Pg. 45 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 265 Eric Sutherland stated the line of credit may satisfy statutory requirements but questioned whether it satisfies constitutional proscriptions. Councilmember Martinez asked if there are any constitutional issues with this item. City Attorney Daggett replied Mr. Sutherland’s constitutional issues relate to the use of TIF and how it relates to school district funding. She stated this item does comply with the statute and it is appropriate to use this DDA revenue stream. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2018-046. Councilmember Cunniff thanked the Finance staff for its memo regarding the procurement and its relation to the City’s bid process. RESULT: RESOLUTION 2018-046ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 066, 2018, on First Reading. Councilmember Martinez noted it is important for the public to hear both Mr. Sutherland's arguments as well as the City Attorney's perspective. RESULT: ORDINANCE NO. 066, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell • OTHER BUSINESS Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that this meeting be adjourned to 6 PM, Tuesday, May 22 nd , 2018, for the purpose of considering a possible motion to direct whether the City will join in the amicus brief prepared by a group of local government entities in the Colorado Oil and Gas Conservation Commission versus Martinez case, and for such other business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 1.3 Packet Pg. 46 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) May 15, 2018 City of Fort Collins Page 266 • ADJOURNMENT The meeting adjourned at 9:42 PM. ______________________________ Mayor Pro Tem ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 47 Attachment: May 15, 2018 (6840 : Minutes-5/1, 5/8, 5/15) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 15, 2018, adopts a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (PDF) 2. Ordinance No. 063, 2018 (PDF) 2 Packet Pg. 48 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. EXECUTIVE SUMMARY The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. CITY FINANCIAL IMPACTS One of the proposed changes would add five new uses that would be allowed within an L-M-N Neighborhood Center. These additions allow the Land Use Code to respond to current market trends and further enable economic activity. BOARD / COMMISSION RECOMMENDATION At its April 19, 2018 meeting, the Planning and Zoning Board considered the proposed revisions and voted unanimously to recommend approval of the package of Land Use Code revisions. PUBLIC OUTREACH All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at its various work sessions during the latter part of 2017 and the early part of 2018. In addition, the proposed revisions were listed on “This Week in Development Review,” the weekly online notice that is posted on the website and sent to approximately 835 subscribers. Staff presented the proposed revisions to the Fort Collins Area Chamber of Commerce Local Legislative Affairs Committee. The proposed changes were also forwarded to members of the Development Review Advisory Committee. The items were noted on the “Agenda” notice for the April Planning and Zoning Board public hearing, and then post-hearing, listed again under “Recent Outcomes.” ATTACHMENT 1 2.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6833 : SR 063 LUC) Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. Land Use Code Issues List (PDF) 2. Annotated Issues Summary (PDF) 3. Annotated Ordinance Index (PDF) 2.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6833 : SR 063 LUC) -1- ORDINANCE NO. 063, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1.4.3(E) of the Land Use Code is hereby amended to read as follows: . . . (E) Official Record. The Director shall maintain an official record of all interpretations in the Department. Such official record shall be available for public inspection during normal business hours. . . . Section 3. That Section 2.1.1 of the Land Use Code is hereby amended to read as follows: 2.1.1 - Decision Maker and Administrative Bodies The City Council, Planning and Zoning Board, Zoning Board of Appeals and Director are frequently referenced in this Land Use Code. Reference should be made to Chapter 2 of the City Code for descriptions of these and other decision makers and administrative bodies, and their powers, duties, membership qualifications and related matters. 2.2 Packet Pg. 51 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -2- . . . Section 4. That Section 2.2.1 of the Land Use Code is hereby amended to read as follows: 2.2.1 - Step 1: Conceptual Review/Preliminary Design Review (A) Conceptual Review: (1) Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to his or her development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Representatives of the Department, Poudre Fire Authority, Police Services, Water & Wastewater Utilities, Electric Utility, Stormwater Utility, and other departments as appropriate, and special districts where applicable. . . . (B) Preliminary Design Review: (1) Purpose. Preliminary design review is an opportunity for an applicant to discuss requirements, standards, procedures, potential modifications of standards or variances that may be necessary for a project and to generally consider in greater detail the development proposal design which has been evaluated as a part of the conceptual review process. While the conceptual review process is a general consideration of the development proposal, preliminary design review is a consideration of the development proposal in greater detail. Problems of both a major and minor nature can be identified and solved during the preliminary design review before a formal application is made. Representatives of the Department, Poudre Fire Authority, Police Services, Water and Wastewater Utilities, Electric Utility, Stormwater Utility, and other departments as appropriate, and special districts where applicable. Additionally, other public or quasi- public agencies which may be impacted by the development project are invited and encouraged to attend the preliminary design review. These agencies may include the gas utility, water and/or wastewater utility districts, ditch companies, railroads, cable television service providers and other similar agencies. . . . Section 5. That Section 2.13.3 of the Land Use Code is hereby amended to read as follows: 2.2 Packet Pg. 52 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -3- 2.13.3 - Application An Application for vested rights determination or takings determination shall be submitted to the Director in the form established by the director. an application fee in the amount of two thousand five hundred dollars ($2,500.00) per application (i.e., $2,500.00 for vested rights, $2,500.00 for takings, whichever is applied for) shall accompany and be part of the application. the application shall, at a minimum, include: . . . Section 6. That Section 3.1.1 of the Land Use Code is hereby amended to read as follows: 3.1.1 Applicability All development applications and building permit applications shall comply with the applicable standards contained in divisions 3.1 through 3.9, except that single-family detached dwellings and extra occupancy rental houses on platted lots that are subject only to building permit review under article 4, as well as any accessory buildings, structures and accessory uses associated with such single-family dwellings and extra occupancy rental houses, need to comply only with: (a) the standards contained in article 4 for the zone district in which such uses are located; (b) the standards contained in division 3.8; and (c) with respect to extra occupancy rental houses, the standards contained in section 3.2.2(k)(1)(j). Existing Development. In addition to the foregoing, this Land Use Code shall continue to apply to ongoing use of land in a completed development to the extent that the provisions of this land use code can be reasonably and logically interpreted as having such ongoing application. Section 7. That Section 3.2.1(E)(3) of the Land Use Code is hereby amended to read as follows: 3.2.1 Landscaping and Tree Protection (3) Water Conservation. Landscape plans shall be designed to incorporate water- efficient techniques. (a) Landscape designs shall be designed according to the xeriscape landscaping principles described as follows: 1. Plan and design. Plan for how people will use and interact with the landscape. Group landscape materials accordingly based upon hydrozone. 2. Landscape arrangement. Provide a cohesive arrangement of turf, plants, mulch, boulders and other landscape elements that support the criteria in Section 3.2.1(H). Landscape elements shall be 2.2 Packet Pg. 53 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -4- arranged to provide appropriate plant spacing and grouping and to avoid a disproportionate and excessive use of mulch areas. 3. Appropriate use of turf. Limit high water-use turf to high-traffic areas where turf is functional and utilized. 4. Appropriate plant selection. Selected plants shall be well-adapted to the Fort Collins climate and site conditions. Plants shall be grouped according to water and light requirements. 5. Efficient irrigation. Design, operate and maintain an efficient irrigation system. Select equipment appropriate to the hydrozone. Water deeply and infrequently to develop greater drought tolerance. 6. Soil preparation. Incorporate soil amendments appropriate to the soil and the plant material. Soil preparation must be in accordance with City of Fort Collins Municipal Code 3.8.21. 7. Mulch. Maintain a minimum depth of three inches of mulch in planting beds to conserve soil moisture and control weeds, with careful placement and adjustment of depth near plant stems as needed to allow unimpeded plant establishment and vigorous growth. 8. Maintenance. Provide regular maintenance including but not limited to weeding, pruning, mowing to an appropriate height, deadheading, replacement of dead plant material, and replenishment of mulch surfaces. 9. Xeriscape principles do not include or allow artificial turf or plants; paving of areas not used for walkways, patios or parking; excessive bare ground or mulch; weed infestations; or any landscaping that does not comply with the standards of this section. (b) Landscape plans shall include: 1. A water budget chart that shows the total annual water use, which shall not exceed an average of fifteen (15) gallons/square foot for the landscape. a. Accurate and clear identification of all applicable hydrozones using the following categories: High Hydrozone 18 gallons/square feet/season Moderate Hydrozone 10 gallons/square feet/season 2.2 Packet Pg. 54 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -5- . . . Section 8. That Section 3.2.1(I)(2) of the Land Use Code is hereby amended to read as follows: (2) Plant Materials. Plant material shall be selected from the City of Fort Collins Plant List created by Fort Collins Utilities Customer Connections Department and adopted by the Director. The Plant List contains plants determined by local resources to be appropriate for local conditions. The Director may approve plants not included on the list upon a determination that such plants are well suited for the local climate. . . . Section 9. That Section 3.2.1(J)(2) of the Land Use Code is hereby amended to read as follows: (J) Irrigation. . . . (2) For any development provided water within the City, an irrigation plan shall be submitted to and approved by the Director prior to the issuance of the building permit, or if no building permit is required, then prior to commencement of construction. As determined by the Director, minor redevelopment or change of use projects may not be required to submit an irrigation plan; in such cases, a written statement shall be submitted describing the type of irrigation system proposed. The irrigation plan shall incorporate the City of Fort Collins Irrigation System Standards for Water Conservation set forth below. In addition, the irrigation system must be inspected for compliance with the approved irrigation plan before the issuance of a Certificate of Occupancy. . . . Section 10. That Section 3.2.1(J)(3)(b)3. of the Land Use Code is hereby amended to read as follows: 3. Irrigation controllers shall be "smart" controllers, using climate- based or soil moisture-based technology, selected from the WaterSense labeled irrigation controllers list issued by the United States Environmental Protection Agency from time-to-time and available at the City of Fort Collins Utilities Water Conservation Low Hydrozone 3 gallons/square feet/season Very Low Hydrozone 0 gallons/square feet/season 2.2 Packet Pg. 55 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -6- Department. Controllers shall be installed and programmed according to manufacturer's specifications. . . . Section 11. That Section 3.2.1(J)(3)(b)4. of the Land Use Code is hereby amended to read as follows: An evapotranspiration (ET) sensor or weather monitor shall be installed on each irrigation controller and installed according to manufacturer’s specifications in a location to receive accurate weather conditions. . . . Section 12. That Section 3.2.1(J)(3)(b)5.f. of the Land Use Code is hereby amended to read as follows: f. Sprayheads on a zone shall have matched precipitation nozzles. Variable Arc Nozzles (VAN) are not acceptable for ninety (90), one hundred eighty (180) and three hundred sixty (360) degree applications. High-Efficiency Variable Arc Nozzles (HE-VAN) are acceptable only in odd shaped areas where ninety (90), one hundred eighty (180) and three hundred sixty (360) are not applicable. Section 13. That Section 3.2.1(J)(3)(e) of the Land Use Code is hereby amended to read as follows: (e) Sprinkler Performance Audit. . . . 3. Audit results below the minimum acceptable distribution uniformity as set for the subsection (e)2. above require adjustments and/or repairs to the irrigation system. These corrections will be noted on the irrigation as-builts and the test area re-audited until acceptable efficiency/results. 4. The audit shall measure the operating pressure for one (1) sprinkler on each zone to determine whether the zone meets the above pressure requirements. 5. A copy of the sprinkler performance audit shall be submitted to and approved by the City before issuance of a certificate of occupancy. 2.2 Packet Pg. 56 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -7- Section 14. That Section 3.2.2(C)(4)(b) of the Land Use Code is hereby amended to read as follows: . . . (4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-family residential uses shall provide bicycle facilities to meet the following standards: . . . (b) Bicycle Parking Space Requirements. The minimum bicycle parking requirements are set forth in the table below. For uses that are not specifically listed in the table, the number of bicycle parking spaces required shall be the number required for the most similar use listed. Enclosed bicycle parking spaces may not be located on balconies. . . . Section 15. That Section 3.2.2(C)(5) of the Land Use Code is hereby amended to read as follows: (5) Walkways. (a) Directness and Continuity. Walkways within the site shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and shall not be located and aligned solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access. Walkways shall be unobstructed by vertical curbs, stairs, raised landscape islands, utility appurtenances or other elements that restrict access and shall link street sidewalks with building entries through parking lots. Such walkways shall be raised or enhanced with a paved surface not less than six (6) feet in width. Drive aisles leading to main entrances shall have walkways on both sides of the drive aisle. . . . Section 16. That Section 3.2.4(D)(6) of the Land Use Code is hereby amended to read as follows: (6) Unique areas or neighborhoods within the City may have additional design guidelines for lighting as part of a neighborhood or area plan. The Department can provide information regarding neighborhood or area plans. Natural areas and natural features shall be protected from light and spillage from off-site sources. . . . 2.2 Packet Pg. 57 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -8- Section 17. That Section 3.3.2(E)(1)(e) of the Land Use Code is hereby amended to read as follows: (E) Required Improvements Prior to Issuance of Certificate of Occupancy. . . . (e) Drainage. The construction of stormwater drainage facilities required by the approved Development Plan Documents must be consistent with the Stormwater Criteria Manual as it may be modified from time to time. Such stormwater drainage facility must be verified by an authorized City inspector at the appropriate phases of construction activities as specified in the Development Certification Checklist issued by and available from the Department, including but not limited to the following: (1) Porous Pavers: (a) Installation must be verified via inspection by an authorized City inspector at the point of installation of the outlet, underdrain, geomembrane layer, if included in whole or in part in the design detail set forth in the Development Plan Documents, and sub-base course. (b) Installation of this facility must be verified via inspection by an authorized City inspector at the point of installation of the pavers and joint fill material. (2) Bioretention Cells, Rain Gardens, and/or Sand Filters: (a) Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the outlet, underdrain and geomembrane layer, if included in whole or in part in the design detail set forth in the Development Plan Documents, and base course. (b) Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the pea gravel course and sand or growing media layer course. (3) Extended Detention Basins: Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the water quality control box(es). (4) Underground Treatment: Installation of this facility was verified via inspection by an authorized City inspector at the point at which the feature is installed but not buried. 2.2 Packet Pg. 58 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -9- In the event of non-compliance, the City shall have the option to withhold building permits and/or certificates of occupancy or use any other legal remedy that may be provided in the City Code, the Land Use Code and/or the Development Agreement, as determined appropriate to ensure that the Developer properly installs all privately owned stormwater improvements associated with the development as specified in the Development Plan Documents. In addition, a “Drainage Certification” prepared by a Professional Engineer licensed in the State of Colorado must be provided. The “Certification” must confirm to the City that all stormwater drainage facilities required to serve the property have been constructed in conformance with the approved Development Plan Documents so as to protect downstream property and the quality of Stormwater runoff from the property to comply with the City’s Municipal Separate Storm Sewer System permit. Such certification must be in the form required by the City’s Stormwater Criteria Manual and Construction Standards. . . . Section 18. That Section 3.5.2(E)(5) of the Land Use Code is hereby amended to read as follows: (5) Maximum Size of Detached Accessory Buildings. Any detached accessory building that is incidental to a single-family or two-family dwelling shall contain a maximum of eight hundred (800) square feet of floor area on lots that are less than twenty thousand (20,000) square feet in size, a maximum of one thousand two hundred (1,200) square feet of floor area on lots that are between twenty thousand (20,000) square feet and one (1) acre in size, and a maximum floor area of six (6) percent of the total lot area on lots that are larger than one (1) acre in size, except that the size of such building may be increased by the minimum amount necessary to accommodate a handicap accessible parking bay when such a bay is required by the City's Building Code. . . . Section 19. That Section 3.8.13(C)(9) of the Land Use Code is hereby amended to read as follows: . . . (9) Lighting. The light source for security lighting shall comply with the requirements of Section 3.2.4. Light fixtures, whether freestanding or tower-mounted, shall not exceed twenty-two (22) feet in height. . . . Section 20. That Section 3.8.17(C) of the Land Use Code is hereby amended to read as follows: (C) Exemptions From Building Height Regulations. The following structures and features shall be exempt from the height requirements of this Land Use Code: 2.2 Packet Pg. 59 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -10- . . . (9) structures associated with occupied roofs where the parapet wall does not exceed four (4) feet above the roof deck. If such roofs include enclosed space, such space such as shade structures, storage closets, and other installations, shall cover no more than twenty-five (25) percent of the horizontal surface area of the roof and shall be set back at a thirty-five (35) degree angle measured at the intersection of the floor plane of the story below the roof. Section 21. That Section 3.8.30(A) and (C) of the Land Use Code is hereby amended to read as follows: 3.8.30 - Multi-Family and Single-Family Attached Dwelling Development Standards (A) Purpose/Applicability. The following standards apply to all: (1) multi-family developments that contain at least four (4) dwelling units; and (2) single-family attached developments that contain at least four (4) dwelling units where there is no reasonably sufficient area for outdoor activities and useable outdoor space on an individual per lot. These standards are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets and compatibility with surrounding neighborhoods. . . . (C) Access to a Park, Central Feature or Gathering Place. At least ninety (90) percent of the dwellings in all development projects containing two (2) or more acres shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses: . . . (2) Privately owned parks, meeting the following criteria: (a) For projects between two (2) and five (5) acres, the development is required to provide sufficient outdoor gathering areas or site amenities, either public or private, to sustain the activities associated with single- family attached and multi-family residential development, to adequately serve the occupants of the development as set forth below. Such outdoor gathering areas may include, without limitation, small parks, playgrounds, 2.2 Packet Pg. 60 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -11- pools, sports courts, picnic facilities, passive open space, recreational areas, plazas, courtyards, or naturalistic features. For projects greater than five (5) acres and less than ten (10) acres, the private park must be a minimum of five thousand (5,000) square feet. For projects greater than ten (10) acres, the private park must be a minimum of ten thousand (10,000) square feet. . . . Section 22. That Section 3.8.30(F)(1) of the Land Use Code is hereby amended to read as follow: (F) Design Standards for Multi-Family Dwellings. (1) Along Single- and Two-Family Residential Development. Buffer yards shall be provided along the property line of abutting existing single- and two-family dwellings. Minimum depth shall be twenty-five (25) feet. This provision shall not apply to the Neighborhood Conservation Buffer (NCB) district and the Neighborhood Conservation Medium Density (NCM) district. . . . Section 23. That Section 4.1(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment, unless located within one thousand three hundred twenty (1,320) feet (one-quarter [1/4] mile) of the centerline of either I-25 or Carpenter Road. Section 24. That Section 4.1(B)(3)(d) of the Land Use Code is hereby deleted in its entirety. Section 25. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 26. That Section 4.2(B)(3)(e)(2) of the Land Use Code is hereby deleted in its entirety. 2.2 Packet Pg. 61 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -12- Section 27. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 28. That Section 4.3(B)(3)(d) of the Land Use Code is hereby deleted in its entirety. Section 29. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 30. That Section 4.4(B)(3)(e) of the Land Use Code is hereby deleted in its entirety. Section 31. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 32. That Section 4.5(B)(2)(c)3. of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; limited indoor recreation establishments; open-air farmers markets; and places of worship or assembly, dog day care, music studio, micro brewery/distillery/winery. . . . Section 33. That Section 4.5(B)(3)(c)1. of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Neighborhood centers consisting of one (1) or more of the following uses: standard and fast food restaurants (without drive-in or drive-through facilities); artisan and photography studios and galleries; or convenience retail stores with fuel sales that are at 2.2 Packet Pg. 62 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -13- least three-quarters (¾) mile from any other such use and from any gasoline station; grocery store, health and membership club, provided that such use or uses are combined with at least one (1) other use listed in subparagraph (B)(2)(c)3 above. . . . Section 34. That Section 4.5(B)(3)(f) of the Land Use Code is hereby deleted in its entirety. Section 35. That Section 4.5(D)(2)(a) of the Land Use Code is hereby amended to read as follows: (a) A minimum of housing types is required on any project development plan as follows: 1. a minimum of two (2) housing types is required on any project development plan containing at least fifteen (15) acres and less than twenty (20) acres. 2. a minimum of three (3) housing types is required on any project development plan containing twenty (20) acres and less than thirty (30) acres, including such plans that are part of a phased overall development; and 3. a minimum of four (4) housing types is required on any such project development plan containing thirty (30) acres or more. . . . Section 36. That Section 4.5(D)(3)(c) of the Land Use Code is hereby amended to read as follows: (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores; offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; and artisan or photography studios or galleries, dog day cares, music studios, micro- breweries/distilleries/wineries, grocery stores and health and membership clubs. No drive-in facilities shall be permitted. A neighborhood center shall not exceed (5) acres in size, excluding such portion of the neighborhood 2.2 Packet Pg. 63 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -14- center which is composed of a school, park, place of worship or assembly and/or outdoor space as defined in subparagraph (e) of this Section. Section 37. That Section 4.5(D) of the Land Use Code is hereby amended by the addition of a new subsection (8) which reads in its entirety as follows: (D) Land Use Standards. . . . (8) Long Term Care Facilities – Independent Living Facility. Independent dwelling units shall not occupy more than fifty (50) percent of the total gross floor area of a long-term care development. Section 38. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 39. That Section 4.6(B)(3)(e) of the Land Use Code is hereby deleted in its entirety. Section 40. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 41. That Section 4.7(B)(3)(d) of the Land Use Code is hereby deleted in its entirety. Section 42. That Section 4.7(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: . . . 4. Carports. . . . Section 43. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. 2.2 Packet Pg. 64 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -15- Section 44. That Section 4.8(B)(3)(e) of the Land Use Code is hereby deleted in its entirety. Section 45. That Section 4.8(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: . . . 4. Carports. . . . Section 46. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 47. That Section 4.9(B)(3)(e) of the Land Use Code is hereby deleted in its entirety. Section 48. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows: 4. Wireless telecommunication equipment. Section 49. That Section 4.10(B)(3)(e) of the Land Use Code is hereby deleted in its entirety. Section 50. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 51. That Section 4.13(B)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) Accessory/Miscellaneous Uses: 1. Agricultural activities. 2. Wireless telecommunication facilities. 2.2 Packet Pg. 65 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -16- Section 52. That Section 4.14(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 53. That Section 4.14(B)(3)(d) of the Land Use Code is hereby amended to read as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication facilities. Section 54. That Section 4.16(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 55. That the table contained in Section 4.16(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center . . . E. ACCESSORY - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . Section 56. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 57. That Section 4.17(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2.2 Packet Pg. 66 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -17- 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 6. Retail marijuana cultivation facility. 7. Retail marijuana product manufacturing facility. 8. Retail marijuana testing facility. Section 58. That Section 4.17(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Section 59. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 60. That Section 4.18(B)(2)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication facilities. Section 61. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 62. That Section 4.19(B)(1)(g) of the Land Use Code is hereby amended to read as follows: 2.2 Packet Pg. 67 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -18- (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 6. Retail marijuana cultivation facility. 7. Retail marijuana product manufacturing facility. 8. Retail marijuana testing facility. Section 63. That Section 4.19(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication facilities. Section 64. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 65. That Section 4.20(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication facilities. 2. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Section 66. That Section 4.21(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 2.2 Packet Pg. 68 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -19- 3. Wireless telecommunication equipment. Section 67. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) . . . E. ACCESSORY – MISC. . . . . . . . . . . . . . . . . . . Section 68. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 69. That Section 4.22(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 6. Retail marijuana cultivation facility. 7. Retail marijuana product manufacturing facility. 2.2 Packet Pg. 69 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -20- 8. Retail marijuana testing facility. Section 70. That Section 4.22(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication facilities. Section 71. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 72. That Section 4.23(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication facilities. Section 73. That Section 4.24(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 74. That the table contained Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas . . . D. INDUSTRIAL . . . 2.2 Packet Pg. 70 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -21- Medical marijuana optional premises cultivation operations Not permitted BDR Medical marijuana-infused product manufacturers Not permitted BDR Medical marijuana research and development facility Not Permitted BDR Facility for medical marijuana research and development cultivation Not Permitted BDR Medical marijuana testing facility Not permitted BDR Retail marijuana cultivation facility. Not permitted BDR Retail marijuana product manufacturing facility Not permitted BDR Retail marijuana testing facility Not permitted BDR . . . . . . . . E. ACCESSORY – MISC. . . . . . . . . . Section 75. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 76. That Section 4.26(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication facilities. 2.2 Packet Pg. 71 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -22- Section 77. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 78. That Section 4.27(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication facilities. Section 79. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 80. That Section 4.28(B)(1)(f) of the Land Use Code is hereby amended to read as follows: (f) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 6. Retail marijuana cultivation facility. 7. Retail marijuana product manufacturing facility. 8. Retail marijuana testing facility. 9. Small-scale and medium-scale solar energy systems. Section 81. That Section 4.28(B)(2)(e) of the Land Use Code is hereby amended to read as follows: 2.2 Packet Pg. 72 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -23- (e) Accessory/Miscellaneous Uses: 1. Mixed-use dwelling units constructed at ground level, provided they are ancillary to and associated with a principal nonresidential use on the lot. 2. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 3. Wireless telecommunication facilities. Section 82. That the definition “Bicycle parking, enclosed” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Bicycle parking, enclosed shall mean bicycle storage in lockers, a room or other space within a parking structure or other building, including a shed or carport. All types of enclosed bicycle storage must be easily accessible to entrances and walkways, secure, lighted and protected from the weather. Each storage space shall provide a minimum of six (6) square feet in area. The storage space shall not impede fire exits or be located so that parked bicycles interfere with public access. Section 83. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Carport” which reads in its entirety as follows: Carport shall mean an accessory building attached or detached from a principal building and customarily used with, and clearly incidental and subordinate to the principal building or use, consisting of a roof but no more than one (1) wall and typically intended to provide weather protection for vehicles, boats, trailers, and the like. Section 84. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Department” which reads in its entirety as follows: Department shall mean the Community Development and Neighborhood Services Department, or the successor department existing from time-to-time in the City’s organizational structure as set for in this Code. Section 85. That the definition “Director” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Director shall mean the Director of the Department. Section 86. That the definition “Hydrozone” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: 2.2 Packet Pg. 73 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -24- Hydrozone shall mean an area within the landscape defined by a grouping of plants requiring a similar amount of water to sustain health. For the purposes of this Code, hydrozones are divided into the following four (4) categories: (1) Very low hydrozones include plantings that need supplemental water when first planted, but little or none once established. (2) Low hydrozones include plantings that generally do not require more than three (3) gallons per square foot of supplemental water per year. These plantings require additional water during plant establishment or drought. (3) Moderate hydrozones include plantings that generally require ten (10) gallons per square foot of supplemental water per year. (4) High hydrozones include plantings that generally require eighteen (18) gallons per square foot of supplemental water per year Section 87. That the definition “Indoor kennel” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Indoor kennel shall mean an establishment in which twenty-four (24)- hour care and boarding is provided for household dogs or cats within a soundproof building (or buildings) that contains exercise facilities, separate ventilation systems for dogs and cats if they are boarded in the same building, and wherein other services such as grooming and training are offered. Dogs in an indoor kennel are only allowed in an outdoor exercise area during the hours of 8am-5pm. Section 88. That the definition “Long-term care facility” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follow: Long-term care facility shall mean any of the following: 1. Convalescent or rehabilitation center shall mean a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. 2. Nursing or memory care facility shall mean a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four-hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four (24) -hour per day nursing services under the direction of a registered professional nurse employed full time. 2.2 Packet Pg. 74 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -25- 3. Intermediate health care or assisted living facility shall mean a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) -hour per day nursing services are required. 4. Independent living or continuing care facility shall mean a single-family, two- family and/or multi-family dwelling which is located within a development that contains one (1) or more of the facilities described in (1) through (3) above, wherein the residents of such dwellings have access to the common amenities and services available to residents of the facilities described in (1) through (3) above. Section 89. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Marijuana products” which reads in its entirety as follows: Marijuana products shall mean concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tincture as defined in Section 16 (2)(k) of Article XVIII of the Colorado State Constitution. Section 90. That the definition “Medical marijuana center” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-402, C.R.S., that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State Constitution, but is not a primary caregiver. Section 91. That the definition “Medical marijuana-infused products manufacturer” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Medical marijuana-infused products manufacturer shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-404, C.R.S. Section 92. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana research and development cultivation” which reads in its entirety as follows: Medical marijuana research and development cultivation shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-409, C.R.S. 2.2 Packet Pg. 75 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -26- Section 93. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana research and development facility” which reads in its entirety as follows: Medical marijuana research and development facility shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-409, C.R.S. Section 94. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana testing facility” which reads in its entirety as follows: Medical marijuana testing facility shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12- 43.3-405, C.R.S. Section 95. That the definition “Retail marijuana store” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. Section 96. That the definition “Retail marijuana testing facility” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail marijuana testing facility shall mean an entity licensed to analyze and certify the safety and potency of marijuana as defined in Section 16(2)(1) of Article XVIII of the Colorado State Constitution. Section 97. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Structures associated with an occupied roof” which reads in its entirety as follows: Structures associated with an occupied roof shall mean improvements to the primary or lowest portion of a roof deck of a structure that may include, but not be limited to, accessory rooftop improvements such as pools, decks, raised planters, outdoor furniture, shade structures, snack bars, televisions, clubhouse or other clubhouse-like elements. Structures associated with an occupied roof is not a story as that term is used in this Land Use Code. Section 98. That the definition “Warehouse” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Warehouse shall mean a building used primarily for the storage of goods or materials excluding marijuana products. 2.2 Packet Pg. 76 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) -27- Section 99. That the definition “Wholesale distribution” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Wholesale distribution shall mean a use primarily engaged in the sale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales, but excluding marijuana products, bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions, and where the products, supplies or equipment that are distributed from the facility are not used or consumed on the premises. Activities customarily include receiving goods in bulk or large lots and assembling, sorting or breaking down such goods into smaller lots for redistribution or sale to others for resale. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 77 Attachment: Ordinance No. 063, 2018 (6833 : SR 063 LUC) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Matt Robenalt, Executive Director Kristy Klenk, Financial Coordinator Travis Storin, Accounting Director Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six-Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 15, 2018, renews the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. The Ordinance has been amended between first and second reading to make the Ordinance recitals correspond to those in Resolution 2018-046. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (PDF) 3 Packet Pg. 78 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Matt Robenalt, Executive Director Kristy Klenk, Financial Coordinator Travis Storin, Accounting Director Carrie M. Daggett, Legal SUBJECT Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024. EXECUTIVE SUMMARY A. Resolution 2018-046 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. B. First Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six-Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. The purpose of this item is to renew the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six- year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2018-046 will approve the Second Intergovernmental Agreement (IGA), which provides the process steps by which the City and DDA engage the LOC. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The DDA Act (C.R.S. 31-25-801, as amended) has inherent processes that require the City and the DDA to work collaboratively to achieve the purpose of the legislation. Among these expected collaborations is the process for financing DDA activities. In 2012, Council adopted Ordinance No. 089, 2012 and the City and DDA established a line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of Development. The tax increment revenues created each year by the private investment that has occurred downtown is used to pay off the debt. ATTACHMENT 1 3.1 Packet Pg. 79 Attachment: Copy of First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6832 : SR 066 DDA Line of Credit) Agenda Item 7 Item # 7 Page 2 A line of credit is also issued by municipalities in the jurisdictions of Colorado Springs, Castle Rock, Longmont and Greeley on behalf of their Downtown Development Authorities. The current LOC is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. Additionally, in 2012, Council approved Resolution 2012-081 and the DDA and City created an intergovernmental agreement (“IGA”) that established the process by which the two organizations would:  initiate requests for a draw from the LOC  verify tax increment revenue cash available to repay the debt  account for the loan proceeds released from the LOC, and  execute repayment with tax increment within 7 days of the initial LOC draw The Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs is also requested for approval by City Council to reflect the terms of the renewed LOC. Terms of LOC Renewal The renewed LOC will function and operate identically to the LOC established in 2012 in the following ways:  For the seven (7) day maximum period when there may be outstanding debt, the interest rate is set at Wall Street Journal (WSJ) Prime, which is currently 4.5%  Annual fee $750 The changes or differences with the renewed LOC are:  Maximum draw amount increased to $5,000,000, which is an increase over the maximum draw amount of $1,000,000 in the 2012 LOC. The City desires this increased amount as it will reduce the number of draws required to support DDA activities, and eliminate redundancy for City, DDA and bank staff to execute multiple draws.\  Minimum finance charge increased to $350 per draw, which is an increase from the minimum charge of $250 in the 2012 LOC.  Maturity date is December 31, 2024, for an effective LOC operating period of six (6) years. The Promissory Note and Agreement from First National Bank is attached as Exhibit A to Ordinance No. 066, 2018. The draft Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs is attached to Resolution 2018-046 as Exhibit A. Benefits and Impacts of the LOC When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive impacts over the much more expensive forms of financing such as issuance of traditional revenue bonds or private-placement financing with banks and other investors. Using the LOC approach to finance DDA projects and programs results in a significantly shorter period of time in which the City debt incurs interest. This means that more funding is available to invest directly into projects and programs in the downtown, and less is spent on finance fees and interest expenses. Staff analyzed the savings from this approach during the term 2012-2018 of the original LOC against that of the other forms of traditional financing used by the City and DDA during the same time period. The financial savings is significant, as the total annual charges for draws against the credit line range from $1,000 to $1,750 depending on the number of draws initiated. 3.1 Packet Pg. 80 Attachment: Copy of First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6832 : SR 066 DDA Line of Credit) Agenda Item 7 Item # 7 Page 3 Since 2012, the LOC total interest and financing fees for $8,700,887 of principal debt was $7,250. In contrast, the total interest and finance fees for the City/DDA traditional financing approach using certificates of participation and private placement bonds for $15,279,063 of principal debt was $3,412,065. Other benefits and positive impacts using the LOC include:  Strong expression of fiduciary stewardship of public funds  Recognition that investment of tax increment funds, derived from property tax assessments of overlapping tax entities, creates positive growth in assessed value and thereby increased the value of the property tax base for all overlapping entities. (83% of the DDA tax increment comes from tax entities other than the City such as Larimer County and Poudre School District)  Funding partnerships of the DDA undertaken with the City and private sector have no cost of capital charges assessed to the projects  Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the calendar year on the City’s fund balance or City Comprehensive Annual Financial Report. CITY FINANCIAL IMPACTS As mentioned previously, every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the calendar year on the City’s fund balance or City Comprehensive Annual Financial Report. BOARD / COMMISSION RECOMMENDATION On April 16, 2018, DDA staff presented information to the City Council Finance Committee, demonstrating the benefit of renewing the Line of Credit Financing for various projects. The Committee requested clarification on how lenders are selected and that the renewal of the LOC with First National Bank was consistent with City Purchasing Policies for supplier selection. A response memo from Finance and Purchasing staff is provided as Attachment 5, describing lender selection and specifically the approach for this LOC. The Council Finance and Audit Committee had no objections to moving forward with the renewal of the Line of Credit financing tool. DDA Board At its regular meeting on April 12, 2018, the DDA Board of Directors adopted Resolution 2018-02, recommending to the Fort Collins City Council the renewal of a Line of Credit with First National Bank for a six (6) year period with a maximum per-draw limit of five million dollars ($5,000,000) to be placed in the Downtown Development Authority’s Financing Activity Fund for expenditure on certain projects and programs in accordance with the Downtown Development Authority Plan of Development and the approval of the Intergovernmental Agreement governing the Line of Credit. PUBLIC OUTREACH Both the DDA Board of Directors regular meeting of April 12, 2018 and the Council Finance Committee meeting of April 16, 2018 were duly posted public meetings. ATTACHMENTS 1. Downtown Development Authority Boundary Map (PDF) 2. Downtown Development Authority Board Meeting minutes, April 12, 2018 (draft) (PDF) 3. Downtown Development Authority Resolution 2018-02 Renewal of Line of Credit (PDF) 4. Council Finance Committee minutes, April 16, 2018 (draft) (PDF) 5. Memo-Procurement of Lending Services for City Debt, May 10, 2018 (PDF) 3.1 Packet Pg. 81 Attachment: Copy of First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6832 : SR 066 DDA Line of Credit) -1- ORDINANCE NO. 066, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ESTABLISHMENT OF A REVOLVING LINE OF CREDIT TO BE PAID SOLELY WITH DOWNTOWN DEVELOPMENT AUTHORITY TAX INCREMENT FUNDS FOR A SIX YEAR PERIOD IN THE AMOUNT OF UP TO FIVE MILLION DOLLARS PER DRAW TO FINANCE DOWNTOWN DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS IN ACCORDANCE WITH THE DOWNTOWN DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT AND APPROVING RELATED DOCUMENTS WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing the Fort Collins, Colorado, Downtown Development Authority (“DDA”); and WHEREAS, C.R.S. 31-25-807 (3) (a) (II) provides that DDA tax increment funds may only be used to pay some form of indebtedness incurred by the City; and WHEREAS, the establishment of a line of credit with a banking institution would qualify as debt within the meaning of C.R.S. 31-25-807 (3) (a) (II); and WHEREAS, at the November 7, 2006, general election, a City-initiated measure to authorize the issuance of bonds for DDA projects through debt of up to $150,000,000, with a repayment cost of up to $250,000,000, was approved by the votersqualified electors as provided in C.R.S. Title 31, Article 25, Part 8; and WHEREAS, in 2012, the Board of Directors of the DDA recommended to the City Council through the adoption of Resolution 2012-02, the establishment of a revolving line of credit for a six-year period in the amount of one million dollars annually to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, in 2012, the City Council adopted Resolution 2012-081, approving an intergovernmental agreement between the City and the DDA to govern the use of the DDA line of credit, and Ordinance No. 089, 2012, authorizing the establishment of a revolving line of credit, as described above; and WHEREAS, the City and the DDA entered into that intergovernmental agreement, and implemented its terms, and the line of credit arrangement established in 2012 is scheduled to expire at the end of 2018; and WHEREAS, in order to renew and update the line of credit arrangement, staff of the City and the DDA have negotiated a new instrument and related documents that would renew the line of credit for a six-year period, and increase the limit on the line of credit limit to a maximum draw of five million dollars to reduce the number of draws required to support DDA activities, thus reducing the inefficiencies in the original arrangement; and WHEREAS, the Board of Directors of the DDA has recommended to the City Council through the adoption of Resolution 2018-02, the establishment of a revolving line of credit for a six-year period in the maximum amount of five million dollars per draw (“Line of Credit”), with Packet Pg. 82 -2- such other terms and conditions as are set forth in the financing documents, a copy of which are on file in the office of the City Clerk and available for public inspection (the “LOC Documents”), to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, the establishment of the Line of Credit for such purpose would be financially beneficial for the downtown business area and for properties in the DDA area and the community as a whole; and WHEREAS, the City Council has also approvedadopted Resolution 2018-046, approving an intergovernmental agreement between the City and the DDA to govern the use of the Line of Credit. 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 Manager is hereby authorized to establish the Line of Credit as described in this Ordinance and to execute the LOC Documents therefor in substantially the forms on file in the office of the City Clerk, together with such additional terms and conditions as the City Manager, in consultation with the Chief Financial Officer and the City Attorney, deem necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 83 -3- Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 84 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Sue Beck-Ferkiss, Social Policy and Housing Programs Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 15, 2018, authorizes an affordable housing fee waiver request for Oakridge Crossing and a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (PDF) 2. Ordinance No. 067, 2018 (PDF) 4 Packet Pg. 85 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. EXECUTIVE SUMMARY The purpose of this item is to present an affordable housing fee waiver request for Oakridge Crossing and if granted, authorizing a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Oakridge Crossing LLLP is seeking the waiver of certain development and capital improvement expansion fees for Oakridge Crossing, an affordable housing project as allowed by City Code and the Land Use Code. Oakridge Crossing is currently under construction and will deliver 110 age-restricted income restricted units, of which 13 will be targeted to households making no more than 30% of the area median income (AMI). The request from Oakridge Crossing LLLP is attached as Attachment 1. Fee Waiver History For many years, the City provided affordable housing fee waivers for some building permit fees, development review fees and some capital expansion fees as an incentive to encourage the development of affordable housing.  In March 2013, City Council amended its policies on fee waivers for affordable housing to allow for more discretion in determining the kinds of housing projects for which City fees should be waived.  This was after a large waiver was granted.  By adopting Ordinance No. 037, 2013, City Council limited eligibility of fee waivers to the local housing authority and limited what types of units would qualify for fee waivers. Only projects that are constructed for homeless or disabled persons, or for households whose income is no greater than 30% of the area median income of all City residents qualify.  Furthermore, waivers were made discretionary by City Council upon a determination that the proposed ATTACHMENT 1 4.1 Packet Pg. 86 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6834 : SR 067 Oakridge Crossing Fee Waiver) Agenda Item 8 Item # 8 Page 2 waiver will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which a waiver is sought.  This policy was modified by City Council in 2017 so that any developer providing qualifying units is eligible to seek discretionary fee waivers. Current Request Oakridge Crossing is a 110-unit affordable housing community being constructed at 4786 McMurry Avenue in Fort Collins. (Attachment 2) The developer is Oakridge Crossing LLLP. Of the 110 total units, 13 units, equaling 11.8% of the total development, will be dedicated to households making no more than 30% AMI. Oakridge Crossing LLLP is seeking the waiver of certain fees for those 13 qualifying units. The total fees for this $22 million project are more than $1.7 million, and $770,538 of that amount are waiver eligible. The request is for waiver of 11.8% of eligible fees, which total $90,923. Of that amount, $79,913 are for capital expansion fees. In this case, the request is to refund fees already fully paid. See figure below for breakdown of fees: Fee Type Total Fees Collected 11.8% Waiver amount Development Review Fees $43,053 $5,080 Building Fees $37,944 $4,477 Capital Expansion Fees $677,229 $79,913 Storm water Review Fee $12,312 $1,453 TOTAL $770,538 $90,923 The 2017 income limits published by the U. S. Department of Housing and Urban Development for 30% of the Fort Collins AMI is $16,150 for a household of 1 and $24,600 for a household of 4. (2018 income limits have not been published yet). Households at this income level are some of the City’s most vulnerable residents. These qualifying units at Oakridge Crossing fit the definition and are eligible for fee waivers as established by City Code, and the Land Use Code. The City has established affordable housing production goals in the 2015-2019 Affordable Housing Strategic Plan (Plan). The need for financial support for these goals to be met is also stated in the Plan. The annual production goal for this 5-year plan is 188 units. This project will deliver 110 units which is 59% of the City’s annual goal. Since the City does not develop housing, development partners are relied upon to bring this necessary housing product to the community. This project will increase the inventory of affordable rental units which is one of the strategies listed in the Plan. This project will house seniors, who are called out tin the Plan as a special needs population. It is recommended that any capital expansion fees waived be subject to backfill by the City to reimburse city departments for fees if this waiver is granted, as has been the City’s custom to date. Traditionally backfill of capital expansion fees occurred and has come from General Fund reserves. Alternatively, funds for this request could come from the Affordable Housing Capital Fund that was approved by the voters as part of the City Community Capital Improvements Plan. This fund will accumulate $4 million over ten years. City Council has provided staff direction to use the Affordable Housing Capital Fund for reimbursement of fee waivers and for a new Direct Subsidy program that will help finalize funding for projects that are close to ready to proceed. $112,500 from this fund has been allocated to partially backfill fees waived for the Village on Horsetooth development. The request for Oakridge Crossing is also shown in the chart below. In this case, a refund is requested for all fees waived since all fees have been paid. The Council Finance Committee suggested that the full refund be paid from the Affordable Housing Capital Fund, which is part of the Community Capital Improvements Fund. See below for detailed fund information: 4.1 Packet Pg. 87 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6834 : SR 067 Oakridge Crossing Fee Waiver) Agenda Item 8 Item # 8 Page 3 Year Anticipated tax amount Committed amounts Available to Commit* 2016 $200,000 0 $200,000 2017 $250,000 $112,500 $337,500 2018 $250,000 $90,923 $496,577 2019 $400,000 0 $896,577 2020 $400,000 0 $1,296,577 2021 $500,000 0 $1,796,577 2022 $500,000 0 $2,296,577 2023 $500,000 0 $2,796,577 2024 $500,000 0 $3,296,577 2025 $500,000 0 $3,796,577 *Note that if the City Council approves the Housing Authority’s request for $876,662 in AHCF funds (being considered by separate resolution), these amounts will be lower after 2018. CITY FINANCIAL IMPACTS This Ordinance would approve the use of $90,923 already appropriated in the Affordable Housing Capital Fund to be used to issue a refund of qualifying fees paid that have been waived through Council action. BOARD / COMMISSION RECOMMENDATION At its April 5, 2018 meeting, the Affordable Housing Board voted unanimously to recommend support for this waiver request. (Attachment 3) At its April 16, 2018 meeting, the Council Finance Committee supported granting this waiver request. (Attachment 4) PUBLIC OUTREACH Both the Affordable Housing Board and Council Finance Committee meetings discussing this request were open to the public. No additional outreach has been conducted specifically on this request. ATTACHMENTS 1. Oakridge Fee Waiver Request (PDF) 2. Oakridge location map (PDF) 3. Affordable Housing Board minutes, April 5, 2018 (draft) (PDF) 4. Council Finance Committee minutes, April 16, 2018 (draft) (PDF) 4.1 Packet Pg. 88 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6834 : SR 067 Oakridge Crossing Fee Waiver) -1- ORDINANCE NO. 067, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE WAIVER OF CERTAIN FEES FOR THE OAKRIDGE CROSSING AFFORDABLE HOUSING PROJECT WHEREAS, by adoption of Ordinance No. 065, 1999, the City Council exempted from the imposition of the City’s capital improvement expansion fees the land development projects of housing authorities formed pursuant to the provisions of Section 29-4-101, et seq., and specified various other City fees from which such projects are also to be exempted; and WHEREAS, the financial impact of such fee waivers on the City can be substantial, depending upon the size of the project that is exempted, and whether the lost fee revenues need to be replaced by the City; and WHEREAS, on March 19, 2013, the City Council adopted Ordinance No. 037, 2013, which made amendments to the City Code and Land Use Code limiting the types of projects for which housing authorities could request fee waivers, and specifying that those waivers are to be granted at the discretion of City Council upon a determination that proposed waivers will not jeopardize the financial interests of the City or the timely construction of capital improvements to be funded by the fees; and WHEREAS, on November 21, 2017, the City Council adopted Ordinance No. 148, 2017 (the “2017 Ordinance”), which further amended the City Code and Land Use Code to create an incentive for all developers to provide housing units affordable to those making less than 30% of the area median income (AMI) by allowing all developers of units targeting that income bracket to request fee waivers for the affordable portions of their projects; and WHEREAS, the 2017 Ordinance states that the City Council can waive, by ordinance, fees that would otherwise be imposed for an affordable housing project only if the City Council determines that: (1) the project is intended to house homeless or disabled persons, as such terms are defined by the Department of Housing and Urban Development (HUD), or households with an annual income that does not exceed 30% of the AMI for the applicable household size in the Fort Collins-Loveland metropolitan statistical area, as published by HUD; and (2) the proposed waiver will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which a waiver is sought; and WHEREAS, Oakridge Crossing LLLP (“Oakridge”) is seeking the waiver of certain development and capital improvement expansion fees for Oakridge Crossing, an affordable housing project in Fort Collins that will include 110 age-restricted and income-restricted units, of which 13 will be targeted to households making no more than 30% of AMI (the “Project”); and WHEREAS, the City has established affordable housing production goals in the 2015-2019 Affordable Housing Strategic Plan (Plan) with an annual production goal for this five-year plan of 188 units; and 4.2 Packet Pg. 89 Attachment: Ordinance No. 067, 2018 (6834 : SR 067 Oakridge Crossing Fee Waiver) -2- WHEREAS, the Project will deliver 110 units, 59% of the City’s annual goal for new affordable housing units; and WHEREAS, 13 of the Project units (or 11% of the total development) will be dedicated to households making no more than 30% of AMI; therefore, Oakridge is requesting waivers totaling $90,923, which represents 11% of the total waivable Project fees based on the number of units eligible for such fee waivers; and WHEREAS, the Project fits the definition of a project eligible for fee waivers under the City Code and Land Use Code as amended by the 2017 Ordinance; and WHEREAS, City Finance staff has determined that waiver of these fees will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which the waiver is sought; and WHEREAS, Oakridge has already paid the fees for the Project, and if the City Council approves the waiver request City staff proposes using $90,923 already appropriated in the Affordable Housing Capital Fund (AHCF) in the Community Capital Improvement Program (CCIP) to issue a refund of such fees to Oakridge; and WHEREAS, the voter-approved ballot language for the CCIP says the AHCF is to be used to fund the capital costs of development or rehabilitation of one or more public or private housing projects designated specifically for low-income individuals or families; and WHEREAS, the Affordable Housing Board at its regular meeting on April 5, 2018, voted to support this waiver request; and WHEREAS, the Council Finance Committee at its regular meeting on April 16, 2018, supported this waiver request and funding it through available funds in the Affordable Housing Capital Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that 11% of the Project is intended to house households with an annual income that does not exceed 30% of the area median income for the applicable household size in the Fort Collins-Loveland metropolitan statistical area, as published by HUD. Section 3. That the City Council further finds that the fee waiver requested by Oakridge will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which a waiver is sought. 4.2 Packet Pg. 90 Attachment: Ordinance No. 067, 2018 (6834 : SR 067 Oakridge Crossing Fee Waiver) -3- Section 4. That the City Council hereby approves the waiver of $90,923 in fees that were previously paid to the City for the Project, consisting of: Development Review Fees $ 5,080 Building Fees 4,477 Capital Improvement Expansion Fees 79,913 Utilities - Stormwater Review Fee 1,453 Total $ 90,923 Section 5. That the City Council hereby finds that the Project meets the requirements for funding from the Affordable Housing Capital Fund and directs that Oakridge be reimbursed for the fees described above from funds available in the Affordable Housing Capital Fund. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 91 Attachment: Ordinance No. 067, 2018 (6834 : SR 067 Oakridge Crossing Fee Waiver) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 068, 2018, Designating the McMillen-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, unanimously adopted on First Reading on May 15, 2018, designates the McMillen-Patterson Property, 121 North Grant Avenue, as a Fort Collins Landmark. The owner of the property, Susan Hoskinson, is requesting the designation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (PDF) 2. Ordinance No. 068, 2018 (PDF) 5 Packet Pg. 92 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 068, 2018, Designating the McMillen-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is to consider the request for landmark designation for the McMillen-Patterson Property, 121 North Grant Avenue, an excellent example of an Eastlake-style home from the late 1880s. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The McMillen-Patterson Property is significant under Fort Collins Landmark Designation Standard A for its association with the creation of the Loomis Addition, as the first known show home in Fort Collins, and as the only known home to be given away in a drawing. The Property is significant under Standard C for its distinctive and outstanding representation of the Eastlake style, a popular Victorian-era variation of the Queen Anne style. The home is one of the oldest remaining homes in the Loomis Addition which was developed by and named for Abner Loomis. The home was built between June 1887 and May 1888 as a show home to entice people to buy lots in the Loomis Addition. Those that purchased lots were entered into the drawing for a chance to win the home. This is also the earliest documented pattern-book home in Fort Collins. CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive programs available only to Landmark designated properties. BOARD / COMMISSION RECOMMENDATION At its April 18, 2018, regular hearing, the Landmark Preservation Commission unanimously adopted a resolution recommending adoption of an ordinance by Council for landmark designation. PUBLIC OUTREACH The Landmark Preservation Commission held a public hearing on this item at its April 18, 2018, meeting. ATTACHMENT 1 5.1 Packet Pg. 93 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6835 : SR 068 McMillen-Patterson Landmark) Agenda Item 9 Item # 9 Page 2 ATTACHMENTS 1. Location Map (PDF) 2. Landmark Nomination Form (PDF) 3. Staff Report to LPC (PDF) 4. Staff Presentation to LPC, with photos (PDF) 5. Landmark Preservation Commission Resolution 1, 2018 (PDF) 5.1 Packet Pg. 94 Attachment: First Reading Agenda Item Summary, May 15, 2018 (w/o attachments) (6835 : SR 068 McMillen-Patterson Landmark) -1- ORDINANCE NO. 068, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE MCMILLEN-PATTERSON PROPERTY, 121 NORTH GRANT AVENUE, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on April 18, 2018, the Landmark Preservation Commission (the “Commission”) determined that the McMillen-Patterson Property at 121 North Grant Avenue in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation for its high degree of exterior integrity, and for its significance to Fort Collins under Landmark Standard A (Events) and Standard C (Design/Construction) as contained in Section 14-5(2) of the City Code; and WHEREAS, the Commission further determined that the Property meets the landmark criteria set forth in City Code Section 14-5, is eligible for designation as a landmark, and has recommended to the City Council that the Property be designated as a landmark; and WHEREAS, the owner of the Property has consented to such landmark designation, and desires to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. 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 Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: 5.2 Packet Pg. 95 Attachment: Ordinance No. 068, 2018 (6835 : SR 068 McMillen-Patterson Landmark) -2- NORTH 48 FEET OF LOT 16, BLOCK 291, LOOMIS ADDITION CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article III, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 96 Attachment: Ordinance No. 068, 2018 (6835 : SR 068 McMillen-Patterson Landmark) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Randy Reuscher, Utility Rate Analyst Lance Smith, Utilities Strategic Finance Director Tim McCollough, Light and Power Operations Manager Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 069, 2018, Appropriating Prior Year Reserves in the Light and Power Fund for the Light and Power New Circuits Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds from Light & Power Reserves to serve the newly annexed Water Treatment Facility ($1,300,000) and to meet capacity needs at the East Harmony Industrial Park ($480,000) and the Southwest Residential Area ($230,000). The appropriation also includes $7,100 for Art in Public Places (APP). The previous $1.3M appropriation from the Water Fund also included the associated $13,000 for APP. The total amount being requested is $2,017,100, which will leave $3.2M available and unappropriated in the Light & Power Reserves. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This appropriation request was reviewed at the Council Finance Committee (CFC) on May 21, 2018. Feedback from CFC has been incorporated into this Agenda Item Summary. The project areas can be viewed here: https://arcg.is/1Of1HL Water Treatment Facility After experiencing several unscheduled outages in the last few years, the Water Treatment Facility was annexed into the City earlier this year to allow Fort Collins Light & Power to provide more reliable electric service to the facility. Offer 6.26 in the 2017/18 Budget appropriated $1.3M in the Water Fund for this purpose. Offer 43.1 in the Water Fund included the associated 1% appropriation for APP. An identical appropriation is now needed in the Light & Power Fund for the Electric Utility to spend service fees and Plant Investment Fees (PIFs) to build the infrastructure to serve the facility. Unanticipated revenues in the Light & Power (501) Fund will be provided by billing the Water Fund for actual charges associated with providing the necessary infrastructure to serve the facility (not to exceed $1,300,000). Although the primary purpose and justification of this budget offer from 2017/18 is for electric service reliability improvements, the Water Treatment Facility’s annual electric service cost will decrease approximately 3.5% when transferred from Xcel Energy to Fort Collins Utilities Light & Power. This outcome creates additional benefits for ratepayers by lowering the associated service costs. 6 Packet Pg. 97 Agenda Item 6 Item # 6 Page 2 East Harmony Industrial Park Light & Power has capacity contracts with three large industrial customers in the East Harmony Industrial Park area. Customer Capacity Contract Amount [MVA] Customer #1 20.0 Customer #2 27.2 Customer #3 10.6 Total 57.8 Although there are contracts in place for 57.8 MVA of electric capacity, Light & Power has installed only 37.5 MVA of capacity to date. This has been adequate to meet demands by these customers historically. In 2017, due to load growth, the customer load demand in this industrial complex exceeded the installed circuit capacity. In addition, these customers have indicated additional load growth projections through 2021. These historic loads and future load projections are detailed in Table 1. Two additional circuits are needed now to fulfill the capacity obligations in this area. These circuits were not anticipated in 2018 in the Light & Power Capital Improvement Plan (CIP) and need to be accelerated and constructed in 2018 to meet the customer requests. There are currently available prior appropriations to fund one of the two circuits. An additional appropriation of $484,800.00 is required from Reserves to fund the second of the two required circuits ($480,000 for the circuit and $4,800 for APP). As these are already established capacity contracts, Light & Power will not receive new Plant Improvement Fees (PIFs) to build the infrastructure. Table 1: East Harmony Industrial Park Load and Circuit Capacity Circuit Number Current Installed Capacity 2016 Loads 2017 Loads 2018 Loads (Projected) 2019 Loads (Projected) 2021 Loads (Projected) Future Capacity 502 6,000 5,923 6,403 6,523 6,643 6,883 6,000 516 6,000 5,066 6,411 7,411 7,411 7,411 6,000 522 6,000 6,655 6,128 6,258 6,388 6,648 6,000 532 6,000 5,459 6,545 7,545 7,545 7,545 6,000 536 1,500 1,305 4,043 4,279 4,515 4,987 - 542 6,000 5,317 5,176 5,373 5,570 5,964 6,000 562 6,000 5,640 4,761 4,997 5,233 5,705 6,000 552 6,000 572 6,000 Total 37,500 35,365 39,467 42,386 43,305 45,143 48,000 Light & Power has been constructing new underground duct banks to the East Harmony Industrial Complex in 2017 and 2018 in anticipation of these future circuit needs. Southwest Residential Circuit Recent residential load growth in the southwest area of Fort Collins is creating overload conditions on the existing circuits out of the substations serving this area. Four existing circuits serving this area were loaded to full capacity during the peak summer season in 2017. Constructing a new circuit (828) to serve this area will provide load relief to the existing circuits. This project was planned and budgeted for construction in 2017, but the original budget estimates in the 2016 20-year Capital Improvement Plan underestimated the costs of this circuit. Design is now complete and an additional appropriation is necessary to complete the circuit. The original budget was identified as $0.26M and final Agenda Item 6 Item # 6 Page 3 design estimates the construction to cost $0.49M. An additional appropriation of $232,300 is required from Reserves to fund the circuit ($230,000 for the circuit and $2,300 for APP). CITY FINANCIAL IMPACTS These circuits will be funded from Available Reserves in the Light & Power Enterprise Fund. The Water Fund will be invoiced for actual charges which will be paid through the associated appropriation made in the 2017-18 Budget. Reserve Balance Available Reserves $9.5M Anticipated Revenue $1.3M Available $10.8M Less: 2010 Bond Defeasance $4.0M Billing System $1.6M Available $5.2M Less Requested: Water Treatment Facility $1.30M East Harmony Industrial Park $0.48M Southwest Residential Circuit $0.23M Remaining Available Fund Balance $3.2M BOARD / COMMISSION RECOMMENDATION This will be presented to the Energy Board at its next regular meeting on June 16, 2018. PUBLIC OUTREACH Light & Power staff have been in communication with the affected customers. No other public outreach has been done. The circuit to the Water Treatment Facility will be installed in an existing right-of-way and existing utility easements. The circuit on Harmony will be installed through the new duct bank that was just installed under the railroad and along Harmony Road. ATTACHMENTS 1. Council Finance Committee Agenda Item Summary, May 2, 2018 (PDF) 6 Packet Pg. 99 COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY Staff: Lance Smith, Director, FP&A - Utilities Tim McCollough, Deputy Director, Utilities - Light & Power SUBJECT FOR DISCUSSION – Light & Power Mid-year Appropriation Request EXECUTIVE SUMMARY The purpose of this agenda item is to provide the Council Finance Committee with an overview of a mid- year appropriation request that Utilities intends to bring before Council in June 2018. The appropriation consists of a request for $1.3M for the Water Treatment Facility underground circuit and a request for $0.71M for the addition of circuits to meet customer demands in the East Harmony Industrial Park and the Southwest residential area of Fort Collins. The project areas can be viewed here: https://arcg.is/1Of1HL GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee support the Light & Power mid-year appropriation request? BACKGROUND/DISCUSSION Water Treatment Facility The Water Treatment Facility was annexed into the City to allow Fort Collins Light & Power to provide electric service to the facility. Offer 6.26 in the 2017/18 Budget appropriated $1.3M in the Water Fund for this purpose. An identical appropriation is now needed in the Light & Power Fund so the infrastructure built to the facility is owned and maintained by Light & Power and not the Water Fund. Unanticipated revenues in the Light & Power (501) Fund will be provided by billing the Water Fund for actual charges associated with providing the necessary infrastructure to serve the facility. East Harmony Industrial Park Light & Power has capacity contracts with three large industrial customers in the East Harmony Industrial Park area. The earliest of these capacity contracts were signed in 1977. Customer Capacity Contract Amount [MVA] Customer #1 20.0 Customer #2 27.2 Customer #3 10.6 Total 57.8 Although there are contracts in place for 57.8 MVA of electric capacity, Light & Power has installed only 37.5 MVA of capacity to date. This has been adequate to meet demands by these customers historically. In 2017 due to load growth, the customer load in this industrial complex exceeded the installed circuit capacity. In addition, these customers have indicated additional load growth projections through 2021. These historic loads and future load projections are detailed in Table 1. Two additional circuits are needed now to fulfill the capacity obligations in this area. These circuits were not anticipated in 2018 in the Light & Power Capital Improvement Plan (CIP) and need to be accelerated and constructed in 2018 to meet the customer requests. There are currently available prior appropriations to fund one of the two circuits. An additional appropriation of $0.48M is required from Reserves to fund the second of the two required circuits. ATTACHMENT 1 6.1 Packet Pg. 100 Attachment: Council Finance Committee Agenda Item Summary, May 2, 2018 (6821 : Light & Power Circuits Appropriation) As these are already established capacity contracts, Light & Power will not charge new Plant Improvement Fees (PIFs) to build the infrastructure. Table 1: East Harmony Industrial Park Load and Circuit Capacity Circuit Number Current Installed Capacity 2016 Loads 2017 Loads 2018 Loads (Projected) 2019 Loads (Projected) 2021 Loads (Projected) Future Capacity 502 6,000 5,923 6,403 6,523 6,643 6,883 6,000 516 6,000 5,066 6,411 7,411 7,411 7,411 6,000 522 6,000 6,655 6,128 6,258 6,388 6,648 6,000 532 6,000 5,459 6,545 7,545 7,545 7,545 6,000 536 1,500 1,305 4,043 4,279 4,515 4,987 - 542 6,000 5,317 5,176 5,373 5,570 5,964 6,000 562 6,000 5,640 4,761 4,997 5,233 5,705 6,000 552 6,000 572 6,000 Total 37,500 35,365 39,467 42,386 43,305 45,143 48,000 Light & Power has been constructing new underground duct banks to the East Harmony Industrial Complex in 2017 and 2018 in anticipation of these future circuit needs. Southwest Residential Circuit Recent residential load growth in the southwest area of Fort Collins is creating overload conditions on the existing circuits out of the substations serving this area. Four existing circuits serving this area were loaded to 100%, 112%, 97% and 112% during the peak summer season in 2017. Constructing a new circuit (828) to serve this area will provide load relief to the existing circuits. This project was planned for construction in 2017, but the original budget estimates in the 2016 20-year Capital Improvement Plan underestimated the costs of this circuit. Design is now complete and an additional appropriation is necessary to complete the circuit. The original budget was identified as $0.26M and final design estimates the construction to cost $0.49M. An additional $0.23M is needed to complete the project. Reserve Balance Available Reserves $9.5M Anticipated Revenue $1.3M Available $10.8M Less: 2010 Bond Defeasance $4.0M Billing System $1.6M Available $5.2M Less Requested: Water Treatment Facility $1.30M East Harmony Industrial Park $0.48M Southwest Residential Circuit $0.23M Remaining Available Fund Balance $3.2M Conclusion 6.1 Packet Pg. 101 Attachment: Council Finance Committee Agenda Item Summary, May 2, 2018 (6821 : Light & Power Circuits Appropriation) Light & Power is seeking support from Council Finance Committee for a mid-year appropriation request to be brought to City Council in June 2018 to accommodate these additional circuits during the 2018 construction season. 6.1 Packet Pg. 102 Attachment: Council Finance Committee Agenda Item Summary, May 2, 2018 (6821 : Light & Power Circuits Appropriation) -1- ORDINANCE NO. 069, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT AND POWER FUND FOR THE LIGHT AND POWER NEW CIRCUITS PROJECT WHEREAS, the City’s Electric Utility is preparing to complete construction of three new service connections and capacity upgrades to accommodate a recent annexation and customer load growth, referred to as the “Light and Power New Circuit Project”; and WHEREAS, on February 20, 2018, the City Council approved annexation of the City’s water treatment facility into the City’s municipal boundaries through Ordinance Nos. 023, 025, 027, and 029, 2018, which was needed for the City’s Electric Utility to establish a connection and improve the reliability of electric service to the facility; and WHEREAS, the 2017/2018 budget included appropriation of $1.3 million in the Water Utility Enterprise Fund to cover service fees and the cost to build the new electric service connection to the Water Treatment facility; and WHEREAS, Utility Services staff recommends appropriating $1.3 million in the Electric Utility Enterprise Fund (Light and Power Fund) to allow the Electric Utility to spend service fees received from the Water Utility and to construct the new service connection to the Water Treatment facility; and WHEREAS, Utility Services staff further recommends appropriating $480,000 in the Light and Power Fund to build additional electric circuit capacity to satisfy current commitments to deliver electric service capacity under agreements with industrial customers in the East Harmony Industrial Park; and WHEREAS, Utility Services staff further recommends appropriating an additional $230,000 in the Light and Power fund to cover increased costs associated with improving electric circuit capacity in substations experiencing accelerated residential load growth in southwest Fort Collins (the “Southwest Residential Area Project”); and WHEREAS, prior to completion of the design for the Southwest Residential Area Project, the 2017 budget estimate was $260,000; final design estimates are currently $490,000, requiring appropriation of an additional $230,000 to complete the project; 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, 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 Packet Pg. 103 -2- 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, the Light and Power New Circuit Project involves total estimated construction cost of more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations (qualified appropriation amount is equal to $710,000 since APP was previously appropriated and transferred on the $1.3M in the 2017/18 Budget) to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens and ratepayers of Fort Collins and serves the utility purpose of improving water and electric service reliability and controlling cost of service increases; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light and Power Fund and will not cause the total amount appropriated in the Light and Power Fund to exceed the current estimate of actual and anticipated revenues 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 prior year reserves in the Light and Power Fund the sum of TWO MILLION SEVENTEEN THOUSAND ONE HUNDRED DOLLARS ($2,017,100) as follows: •Water Treatment Facility Project $1,300,000 •East Harmony Industrial Park Project 480,000 •Southwest Residential Area 230,000 •Art in Public Places Project (Artwork) 5,538 •Art in Public Places Project (transfer to Cultural Services Fund for APP Maintenance & Operations) 1,562 TOTAL $2,017,100 Section 3. That the unexpended appropriated amount of ONE THOUSAND FIVE HUNDRED SIXTY-TWO DOLLARS ($1,562) is authorized for transfer to the Art in Public Places Projects from the Light and Power Fund to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Packet Pg. 104 -3- Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 105 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Adam Molzer, Grant & Community Partnership Coordinator Ingrid Decker, Legal SUBJECT Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF), and the City’s Human Services Program (HSP). EXECUTIVE SUMMARY A. Public Hearing and Resolution 2018-054 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. Public Hearing and First Reading of Ordinance No. 070, 2018, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. Public Hearing and First Reading of Ordinance No. 071, 2018, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. The purpose of this item is to approve funding recommendations of the 2018 Spring Cycle of the Competitive Process and appropriate federal dollars. Resolution 2018-054 will complete the 2018 Spring Cycle of the Competitive Process for allocating $5,205,993 in City financial resources to affordable housing and public facility projects, human service programs and administration of the programs. Ordinance No. 070, 2018 appropriates the City’s FY2018 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG Unanticipated Program Revenue from FY2017. Ordinance No. 071, 2018 appropriates the City’s FY2018 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and HOME Unanticipated Program Revenue from FY2017. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and both Ordinances on First Reading. BACKGROUND / DISCUSSION Resolution 2018-054 establishes which programs and projects will receive funding with CDBG, HOME, AHF and HSP funds for the 2018 program year. CDBG and HOME are federal dollars allocated through HUD. AHF and HSP funds are allocated from the General Fund (GF) and Keep Fort Collins Great (KFCG). In 2018 the total available dollar amount is $5,205,993. The following table shows available dollars in each funding category: 7 Packet Pg. 106 Agenda Item 7 Item # 7 Page 2 FY2018 Funding Categories Funding Source Amount FY2018 Housing (combined federal and City funds) $3,970,661 FY2018 Human (Public) Service (combined federal and City funds) $925,083 FY 2018 Planning and Administration (federal funds) $310,249 Total $5,205,993 Available federal money for FY2018 is $3,922,540. These funds are sourced from 6 categories designated by HUD, including: FY2018 Entitlement Grants (CDBG and HOME – new funding), FY2017 Unanticipated Program Revenue (CDBG and HOME – new funding), Prior Year Funds (CDBG and HOME – reappropriated). Unanticipated Revenue Funds include repayments from loans issued for rehabilitation, homebuyer assistance, acquisition and development. Prior Year Funds represent previously Council-committed funds that are available for reallocation in the housing category only. The Prior Year Funds (CDBG and HOME, FY2017) are available to contract during the current program year, HUD FY2017. The FY2017 HUD regulations allow for the following distribution: • 15% of CDBG program income received in the prior year for Human (Public) Services • 10% of HOME program income received during the program year to be used for planning and program administration HUD regulations also require a 15% set-aside of the FY2018 HOME Entitlement Grant ($127,005), for agencies certified as Community Housing Development Organizations (CHDOs). Fort Collins currently has one CHDO, Habitat for Humanity, which is recommended to receive $80,000 of this set-aside for their FY2018 Poudre Build project. Total federal contribution to the Housing category is $3,445,614. The maximum limit allowed by HUD regulations in the Human (Public) Service category for the CDBG Entitlement grant and current year CDBG Program Income (received 10/01/17 thru 03/31/18) is 15%. Total federal contribution to the Human (Public) Service category is $166,677: $160,982 from the FY2018 CDBG Entitlement grant and $5,695 from CDBG FY2017 Unanticipated Program Income. HUD regulations allow a maximum of 20% of the CDBG Entitlement grant ($214,642) to be used for CDBG planning and program administration. HUD regulations allow a maximum of 10% of HOME Entitlement grant ($84,670) and HOME Unanticipated Revenue ($10,937) (received 10/01/17 thru 03/31/18) to be used for CDBG planning and program administration. Total federal contribution to the Planning and Program Administration category is $310,249. The following table provides a summary of 2018 federal funding sources for Housing, Human (Public) Service and Planning/Program Administration: 7 Packet Pg. 107 Agenda Item 7 Item # 7 Page 3 FEDERAL FUNDS Funding Source Total Funds Housing Human (Public) Service Planning/Admin FY18 CDBG Entitlement Grant $ 1,073,214 $ 697,590 $ 160,982 $ 214,642 FY17 Unanticipated Revenue CDBG $ 192,549 $ 186,854 $ 5,695 Prior Year CDBG Funds $ 904,747 $ 904,747 FY18 HOME Entitlement Grant $ 846,700 $ 762,030 $ 84,670 FY17 Unanticipated Revenue HOME $ 515,534 $ 504,597 $ 10,937 Prior Year HOME Funds $ 389,796 $ 389,796 TOTAL Federal Funds $ 3,922,540 $ 3,445,614 $ 166,677 $ 310,249 The City’s contribution to the Housing category is $525,047. The City’s contribution to the Human (Public) Service category is $758,406. City Funds do not contribute towards planning and program administration. The following table provides a summary of 2018 City Funding for Housing and Human (Public) Service, including differentiation between General Fund and KFCG sources for each: CITY FUNDS Funding Source Total Funds Housing Human (Public) Service Planning / Admin Human Service Program (GF) $ 385,119 $ 385,119 Affordable Housing Fund (GF) $ 325,047 $ 325,047 KFCG $ 573,287 $ 200,000 $ 373,287 TOTAL City Funds $ 1,283,453 $ 525,047 $ 758,406 COMBINED FUNDING TOTALS: FEDERAL + CITY Total Funds Housing Human (Public) Service Planning / Admin $ 5,205,993 $ 3,970,661 $ 925,083 $310,249 The City received 44 housing, public facility and human (public) service applications totaling $6,910,293. In the housing category, 5 proposals were received totaling $5,500,000. There is a shortage in Housing dollars of Agenda Item 7 Item # 7 Page 4 FY2018 Funding Requests by Category Category Number of Applications Available Funding Requested Funding Available - Request Difference Administration - CDBG $214,642 $214,642 $0 Administration - HOME $95,607 $95,607 $0 Housing 5 $3,970,661 $5,500,000 - 1,576,344 * Human (Public) Service & Public Facility 39 $925,083 $1,410,293 - $485,210 Totals 44 $5,205,993 $7,220,542 - $2,061,554 * HUD regulations require a 15% set-aside for an eligible CHDO-approved project. The remaining CHDO set- aside amount, after the FY2018 Habitat for Humanity project allocation, is $47,005. These funds will be committed to a CHDO-eligible project during a future grant process. ($127,005 - $80,000 = $47,005) CITY FINANCIAL IMPACTS The CDBG and HOME programs provide federal funds from HUD to the City of Fort Collins which can be allocated to housing and community development related programs and projects and administration of the funds, thereby, reducing the demand on the City’s General Fund budget to address such needs. In FY2018, the total amount of federal funds available for allocation is $3,922,540 and the City’s contribution is $1,283,453. These dollars allow applicants to leverage other funding sources to provide needed services in our community. Through the provision of affordable housing, more of Fort Collins’ workforce can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. Human (Public) Service programs contribute to economic sustainability and homelessness prevention by providing such programs as education, childcare, counseling, and rent assistance, so workers can maintain their employment and housing. By providing funding to these programs, the agencies are better able to utilize other available funds to serve their clients. BOARD / COMMISSION RECOMMENDATION The CDBG Commission recommends adoption of their funding recommendations made on April 12, 2018. The Commission read all applications (Attachment 2), listened to presentations by each applicant, and asked clarifying questions. In addition, in the Housing category, they reviewed the priority rankings of the Affordable Housing Board (Attachment 3), the goals of the Affordable Housing Strategic Plan and the priorities of the HUD required Five-Year Consolidated Plan (Con Plan). In the Human (Public) Service category they considered the performance of current grantees, the theme areas of the Social Sustainability Strategic Plan, the Con Plan and community needs. The following tables present the allocations recommended by the Commission to City Council within each major category: Planning and Administration Category Applicant Project/Program Funding Request Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning Agenda Item 7 Item # 7 Page 5 In the Housing category, 5 proposals were received. The CDBG Commission is recommending four of the five housing proposals for funding; two for full funding and two for partial. One proposal received $0 funding. There was a funding gap of $1,576,344. Those recommendations are listed in the table below: Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CARE Housing: UFAS $400,000 $220,318 $179,682 55% DMA Plaza: Rehabilitation $2,500,000 $2,500,000 $0 100% Habitat for Humanity: Poudre Build #4 $80,000 $80,000 $0 100% Housing Catalyst: Mason Place Permanent Supportive Housing $2,000,000 $1,123,338 $876,662 56% Neighbor to Neighbor: 20-Year Rehab at 613 & 619 Conifer $520,000 $0 $520,000 0% Housing Total $5,500,000 $3,923,656 $1,576,344 71% In the Human (Public) Service and Public Facility category 39 proposals were received. The CDBG Commission is recommending 34 of the 39 for funding, ranging from 28% to 100% of proposal’s request. Five proposals are not being recommended for funding. There is a funding gap of $485,210. The recommendation for the Public Facility application is for no funding. Those recommendations are listed in the table below: Human (Public) Service & Public Facility Categories Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Alliance for Suicide Prevention: Prevention Education Programs $10,000 $4,200 $5,800 42% B.A.S.E. Camp: Childcare Scholarships $70,000 $52,500 $17,500 75% Boys & Girls Clubs of Larimer County: Great Futures Start Here $30,000 $23,000 $7,000 77% CASA Program: Court Appointed Special Advocates $34,250 $16,500 $17,750 48% CASA Program: Harmony House Supervised Visitation $32,965 $15,000 $17,965 46% Catholic Charities: Senior Services $35,000 $28,518 $6,482 81% Catholic Charities: The Mission Shelter $70,000 $35,098 $34,902 50% Agenda Item 7 Item # 7 Page 6 Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Elderhaus Adult Day Program: Community Based Therapeutic Care $53,000 $46,067 $6,933 87% Faith Family Hospitality: Homeless Family Services $30,000 $18,000 $12,000 60% Food Bank for Larimer County: Kids Café $30,000 $24,000 $6,000 80% Homeless Gear: Homeless Gear Programs $35,000 $34,000 $1,000 97% Homeless Gear: Murphy Center Programs $36,000 $31,162 $4,838 87% Kids at Heart: Fundango $13,000 $0 $13,000 0% Larimer County Partners: One to One Mentoring $15,000 $7,500 $7,500 50% Lutheran Family Services: Geriatric Care Management $29,002 $0 $29,002 0% Neighbor to Neighbor: Homelessness Prevention & 1st Month’s Rent $80,000 $80,000 $0 100% Neighbor to Neighbor: Housing Counseling $60,000 $35,000 $25,000 58% Partnership for Age-Friendly Communities: A Little Help $40,000 $18,000 $22,000 45% Project Self-Sufficiency: Creating Pathways to Self-Sufficiency $35,000 $30,000 $5,000 86% Respite Care: Childcare Scholarships $40,000 $32,607 $7,393 82% SAVA Center: Sexual Assault Victim Services $50,000 $28,500 $21,500 57% SummitStone Health Partners: Community Behavioral Health Treatment Program $30,000 $28,518 $1,482 95% SummitStone Health Partners: Mental Health Services at the Murphy Center $30,000 $20,839 $9,161 69% Agenda Item 7 Item # 7 Page 7 Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Volunteers of America: Home Delivered Meal Service $39,000 $35,000 $4,000 90% Human (Public) Service & Public Facility Total $1,410,293 $925,083 $485,210 66% A summary of the funding recommendations by category is presented in the following table: Funding Recommendations by Category Category Recommended Funding % of Total CDBG and HOME Program Administration $310,249 6% Housing $3,923,656 76% Human (Public) Service & Public Facility $925,083 18% Total $5,158,988 ** 100% ** The total funding recommendation is $47,005 below the total funding amount available due to the previously referenced CHDO withholding. The justifications for the CDBG Commission’s recommendations can be found in Attachment 1. PUBLIC OUTREACH Applicants had the opportunity to make presentations to the CDBG Commission on four evenings in March 2018 and the CDBG Commission held a meeting on April 12, 2018 to deliberate the proposals and make funding recommendations. A meeting that combined the CDBG Commission and the Affordable Housing Board was also held on March 7, 2018 to discuss the merits of all proposals and identify follow-up questions, without any funding discussion. All meetings were open to the public and added to the City calendar. HUD regulations require a 30-day public comment period on the proposed allocation of CDBG and HOME funds. Staff placed an ad in the Coloradoan newspaper on April 24, 2018 presenting the list of recommended funding for programs/projects and indicated the public comment period would start on May 4, 2018, and end on June 5, 2018. The Council meeting on June 5, 2018 will serve as a Public Hearing and comments will be recorded and reported to HUD in August. The public notice of funding recommendations was placed on the Social Sustainability Department’s website. It was also distributed to applicants, current grant recipients, and entities serving a majority of clients in legally protected classes—including those in a racial/ethnic minority, those with a disability, or female heads of households—or serving those community members who might otherwise have barriers to public participation in the City’s civic engagement processes. The public comments received have largely been statements of gratitude from the applying agencies, as well as a limited number of statements of concerns from applying agencies, which have been resolved. ATTACHMENTS 1. Community Development Block Grant Commission minutes, April 12, 2018 (PDF) 2. CDBG Summary of Organizations requestion funding and recommendations (PDF) 3. Affordable Housing Board Priority Ranking (PDF) 7 Packet Pg. 112 1 CDBG – April 12, 2018 COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION REGULAR MEETING MINUTES 222 LaPorte Avenue, Fort Collins April 12, 2018 – 5:15 PM ***SPECIAL MEETING*** COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION MEMBERS PRESENT: Taylor Dunn – Chair Amy Dondale Olga Duvall Sara Maranowicz Serena Robb – Co-Chair Stacia Ryder Steve Backsen Anita Basham (Arrival 5:32 PM) Margaret Long COMMISSION MEMBERS ABSENT: None STAFF PRESENT: Adam Molzer – Staff Liaison, CDBG Ashley Johnston - Intern Due to the duration and extent of the grant deliberation, the summary of the meeting reflected in the minutes below may not include all details of the CDBG Commission’s recommendation proceedings. For further information, details and insight, video and audio recording resources are available by contacting the CDBG Commission staff liaison. At 5:25 PM the meeting was called to order by Community Development Block Grant Commission Chair Taylor Dunn. I. PUBLIC COMMENT: None II. APPROVAL OF MINUTES: Serena Robb submitted an edit re oversight responsibilities for some funded programs. Taylor Dunn made a motion to approve the amended March 2018 minutes, seconded by Steve Backsen. The motion passed unanimously. III. DELIBERATIONS TO FORMULATE FUNDING RECOMMENDATIONS: Adam Molzer gave an overview of the format and order (1. Housing; 2. Public Facilities and Human Services) for the evening’s deliberations on the Forty-four (44) 2018 funding applications. There is approximately $908 thousand dollars to allocate for “Public Facilities” and “Human Services” programs, and $3.6 million for funding recommendations in relation to “Housing” programs. He informed the Community Development Block Grant Commission (hereafter “CDBG”) members that the materials before them included follow-up questions/responses formulated in earlier 2018 meetings, as well as the proposal rankings submitted by the Affordable Housing Board. ATTACHMENT 1 7.1 Packet Pg. 113 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 2 CDBG – April 12, 2018 Adam made an important announcement that Housing and Urban Development Department (“HUD”) has not released its current budget. It is the staff recommendation that the final figures discussed this evening (applications with Federal Funding Sources) may be adjusted (up or down) proportionately when actual funds are allocated (not to exceed original requested amount.) In addition, City-sourced “Human Services” funds will be locked into the determinations recommended this evening. CDBG Members are able to view, in real-time, the overall allocations result and adjust accordingly by re- visiting prior funding allocations. Results of deliberations for “Housing” funds allocations: • HO-3 Habit for Humanity  Motion by Taylor Dunn to fund at $80,000.  Seconded by Anita Basham.  The Vote Passed unanimously.  FINAL The CDBG agrees that this is an established, well-run program with strong leadership. • HO-2 DMA Plaza  Motion by Margaret Long to fund at $2.5 million.  Seconded by Steve Backsen.  The Vote Passed unanimously.  FINAL The CDBG believes that this is a high-priority project, critical project providing housing for low-income residents as well as having an excellent location to carry out the work. • HO-4 Housing Catalyst  Motion by Taylor Dunn to fund at $920 thousand; contingent on Nine-percent (9%) Tax Credits.  Seconded by Margaret Long  The Vote Passed unanimously.  FINAL Motion by Anita Basham to fully fund. Seconded by Taylor Dunn. A Friendly Amendment was made to fund at $920 thousand. Accepted by Anita and Taylor. Thereafter, Margaret Long made a Friendly Amendment Motion to fund at $1,198,375. Anita rejected the modification. The Vote Passed. Eight (8) for; One (1) against. The CDBG noted that this project is high-priority and provides sixty (60)-housing units. Some discussion ensued on the project “stages of completion”. Further discussion on Tax Credits for the property. • HO-1 Care Housing  Motion by Olga Duvall to fund at $198,276.  Seconded by Anita Basham.  The Vote Passed unanimously.  FINAL 7.1 Packet Pg. 114 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 3 CDBG – April 12, 2018 The CDBG believes that this project assisting Fort Collins residents with children. The project may receive Federal Matching funds. Steve Backsen made a motion to accept the funding recommendations on the Five (5) Housing Projects. Seconded by Margaret Long. The discussion moved to review and discuss HO-5 Neighbor to Neighbor funding. The Vote Failed. Two (2) for; Seven (7) against. Initial motion by Stacia Ryder to discuss HO-5 Neighbor to Neighbor. Seconded by Olga Duvall. Stacia Ryder expressed that this project provides some diversity in housing options and services. General discussion about alternative funding sources (including institutional), extended strategic plans, resident impact, and partial funding options. The CDBG investigated partial project funding of specific tasks or, perhaps, a single building. CDBG members desired more substance for comprehensive and long-term plans for the project. Amy Dondale made a Friendly Amendment to Fund at $226 thousand for Building 619. Stacia and Olga agreed. Discussion resumes around strategic plans, low vs. high impact competing applications, number of family members potentially accommodated and overall worthiness of the project. Also discussed was the difficulty with “partial funding” and allocation to specific construction sections. Members of the CDBG noted that Tenant stress and other inherent difficulties (in projects such as this) occur with partial funding scenarios. CDBG members considered the proposition that overall cost savings occur in full funding scenarios (several buildings) versus piecemeal projects. The Vote Failed. Four (4) for; Five (5) against. • HO-5 Neighbor to Neighbor  Motion by Anita Basham to fund at $0 (zero).  Seconded by Margaret Long.  The Vote Passed. Six (6) for; Two (2) against; One (1) abstain.  FINAL Consensus that delaying the funding would lead to a better (full) funding scenario in the future. Taylor Dunn made a Motion to Approve the Funding Matrix for “Housing”. Seconded by Steve Backsen. The Vote Passed unanimously. Taylor Dunn made a Motion to Proportionally Adjust the Approved Funding Matrix for “Housing” based on actual HUD final budget numbers. Seconded by Margaret Long. The Vote Passed unanimously. Conversation pivoted to the funding allocations for the “Public Facilities” and “Human Services” applications. Using a non-binding e-clicker process, the CDBG members electronically “ranked” the Human Services and Public Facilities applications in order of priority (Green, Yellow, and Red). Anita Basham made a Motion to initially proceed on the “Red” (lowest priority, internal ranking) Applications. Seconded by Amy Dondale. The vote passed. Seven (7) for; Two (2) against. 7.1 Packet Pg. 115 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 4 CDBG – April 12, 2018 Throughout the remainder of the evening, interim decisions guided the CDBG review and analysis advancing through items according to ranking. Therefore, discussion of funding applications did not occur in order of their application numbers as listed below. After deliberation and preliminary funds allocation for the “Red” ranked items, the following transpired during the rest of the meeting: Taylor Dunn made a Motion to secondarily proceed on the “Green” (highest priority, internal ranking) Applications. Seconded by Stacia Ryder. Olga Duvall made a Friendly Amendment to, (within the “Green”), discuss in order of highest priority. Amendment was accepted. The vote Passed and was unanimous. After deliberations and preliminary funds allocation for the “Green” ranked items, the following occurred: Discussion on the “Yellow” (medium priority, internal ranking) Applications with the group’s consensus to review the proposals in order of highest number of “intermediate” priority. Results of deliberations for “Public Facility” and “Human Services” funds allocations: • PF-1 – Child Safe – Capital Campaign  Motion by Steve Backsen to fund at $0 (zero).  Seconded by Margaret Long  The Vote Passed. Eight (8) for; One (1) abstain.  FINAL Amy Dondale made initial motion to fund at $50 thousand; there was no second. Amy Dondale made a subsequent motion to fund at $25 thousand; there was no second. General discussion ensued re the admirable merits of the project. Overall, concern about matching a “capital outlay request” with the CDBG parameters guiding funds primarily to Human Services programs for low-income, distressed and crisis-facing families. Thus, “Public Facility” funding is lower priority for the funds at this time, additionally, it is not specifically qualified for Federal Funding. • HS-1 Alliance for Suicide Prevention – Education Program  Motion by Stacia Ryder to fund at $4,200.  Seconded by Sara Maranowicz  The Vote Passed unanimously  FINAL Initial motion by Anita Basham to fund at $6 thousand. Seconded by Taylor Dunn. Steve Backsen offered a Friendly Amendment to fund at $5,680 specifically for printing costs. Anita and Taylor accepted. The Vote Passed. Five (5) for; Four (4) against. General discussion by CDBG members that the funds request included printed materials and salary. Agreement that the printed materials were an important component of the educational program. 7.1 Packet Pg. 116 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 5 CDBG – April 12, 2018 Motion by Stacia Ryder to fund at $3,380. Seconded by Sara Maranowicz. Friendly Amendment by Taylor Dunn to fund at $4,200. Both Stacia and Sara accepted the amendment. CDBG feel the program is timely and critical both locally and nationally. • HS-2 B.A.S.E. Camp  Motion by Taylor Dunn to fund at $52.5 thousand.  Seconded by Margaret Long.  The Vote Passed unanimously.  FINAL CDBG members discussed that the program has loyal, community-wide support while servicing a wide swath of the community residents. • HS-3 Boys & Girls Club of Larimer County  Motion by Margaret Long to fund at $23 thousand.  Seconded by Steve Backsen.  The Vote Passed unanimously.  FINAL. Agreement by the CDBG members that the program enjoys community-wide support. The Boys and Girls Club serves low-income families with demonstrated results. Some members would like to see the program take advantage of name recognition in Northern Colorado to boost fundraising collaborating up with local sports teams for example. • HS-4 CASA – Court Appointed Special Advocates, Larimer County - Motion by Sara Maranowicz to fund at $16.5 thousand. - Seconded by Anita Basham. - The Vote Passed. Seven (7) for; Two (2) against. - FINAL Initial motion by Sara Maranowicz to fund at $20 thousand. Seconded by Anita Basham. Friendly Amendment by Stacia Ryder to increase funding to $25 thousand. Sara agreed to the amendment, but Anita stood firm at $20 thousand. The Vote Passed. Eight (8) for; One (1) against. General agreement of CDBG members that the service is an important, unique, and an otherwise unmet community need. They have well leveraged their internal resources to provide services. • HS-5 CASA of Larimer County – Harmony House - Motion by Margaret Long to fund at $15 thousand. - Seconded by Sara Maranowicz. - The Vote Passed unanimously. - FINAL. 7.1 Packet Pg. 117 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 6 CDBG – April 12, 2018 Taylor Dunn made initial motion to fund at $12 thousand. Seconded by Olga Duvall. A Friendly Motion made by Anita Basham to revise funding to $16 thousand. Taylor disagreed; he prefers $12 thousand. The Vote Failed. Three (3) for; Six (6) against. The CDBG members agreed that the program is necessary and provides a unique service. CDBG members observed that this is an elevated skill type of service requiring highly trained personnel. Residents in crisis require these unique skills. • HS-6 Catholic Charities – Senior Services - Motion by Margaret Long to fund at $26 thousand split among the top priority items. - Seconded by Stacia Ryder. - The Vote Passed unanimously. - FINAL. Motion by Margaret Long to fund at $26 thousand. Seconded by Stacia Ryder. Taylor Dunn made a Friendly Amendment to fund at $26 if a stipulation marks it for priority projects instead of salary. Margaret agreed. The Vote Passed unanimously. All CDBG members agreed that it is a critical service by a well-known and trusted provider to vulnerable, growing populations. • HS-7 Catholic Charities – Mission Shelter - Motion by Taylor Dunn to fund at $32 thousand. - Seconded by Sara Maranowicz. - The Vote Passed unanimously. - FINAL. Taylor Dunn made an initial motion to fund at $33 thousand. Seconded by Steve Backsen. Amy Dondale made a Friendly Amendment to fund at $27 thousand. Taylor rejected the proposal. The Vote Passed. Eight (8) for; One (1) against. • HS-8 Center for Family Outreach – Scholarship Program - Motion by Anita Basham to fund at $5 thousand. - Seconded by Margaret Long. - The Vote Passed. Seven (7) for; Two (2) against. - FINAL. Amy Dondale made initial motion to fund at $8 thousand. Seconded by Serena Robb. The Vote Passed. Seven (7) for; Two (2) against. Discussion among CDBG members that this was an intervention program operating at crisis points for families in a high-risk population. Anita Basham made a motion to fund at $4 thousand. Seconded by Margaret Long. Friendly Amendment by Taylor Dunn to fund at $5 thousand. Anita and Margaret agreed. • HS-9 Child Safe Colorado – Child Sexual Abuse Treatment Program. - Motion made by Margaret Long to fund at $38 thousand. - Seconded by Steve Backsen. - The Vote Passed. Eight (8) for; One (1) abstain. 7.1 Packet Pg. 118 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 7 CDBG – April 12, 2018 - FINAL. Margaret Long made initial motion to fund at $40 thousand. Seconded by Steve Backsen. A Friendly Amendment by Serena Robb to fund at $38 thousand. Margaret and Steve agreed. General agreement that this program was critical because most victims lead troubled lives that extend into the next generation(s). • HS-10 Northern Colorado Aids Project (NCAP) – Colorado Health Network (CHN) - Motion by Taylor Dunn to fund at $7.5 thousand. - Seconded by Margaret Long. - The Vote Passed unanimously. - FINAL. Taylor Dunn made initial motion to fund at $7 thousand. Seconded by Margaret Long. Stacia Ryder offered a Friendly Amendment to fund at $8 thousand. Taylor Dunn rejected. Taylor made a Friendly Amendment to fund at $7.5, which was accepted by Margaret. Stacia Ryder pointed to the unique and important service provided. • HS-11 Cross Roads Safe House – Advocacy Project - Motion by Margaret Long to fund at $39.5 thousand. - Seconded by Stacia Ryder. - The Vote Passed. Six (6) for; Two (2) against; One (1) abstain. - FINAL. Margaret Long made initial motion to fund at $42 thousand. Seconded by Stacia Ryder. A Friendly Amendment by Taylor Dunn to adjust to $39.5 thousand. Margaret and Stacia accepted the amendment. Favorable discussion ensued, with the CDBG members noting that the organization shows great effort and has become more stable. Their vigorous fundraising and excellent record keeping signifies stability. They provide a unique service to the community. • HS-12 Disabled Resource Services – Access to Independence - Motion by Taylor Dunn to fund at $31 thousand. - Seconded by Anita Basham. - The Vote Passed unanimously. - FINAL. Anita appreciates that this is the only organization providing these services to a vulnerable population. • HS-13 ElderHaus Adult Day Care – Community Therapeutic Care - Taylor Dunn made a Motion to fund at $42 thousand. - Seconded by Amy Dondale. - The Vote Passed unanimously. - FINAL. 7.1 Packet Pg. 119 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 8 CDBG – April 12, 2018 Steve Backsen made initial motion to fund at $43 thousand. Seconded by Margaret Long. The Vote Passed unanimously. The CDBG members were impressed with the staff, program, location, and gave nod to the increase in demand as the population ages. • HS-14 Faith Family Hospitality Day Center - Motion by Amy Dondale to fund at $18 thousand. - Seconded by Steve Backsen. - The Vote Passed. Six (6) for; Three (3) against. - FINAL. Serena made initial motion to fund at $20 thousand. Seconded by Stacia Ryder. The Vote Passed. Eight (8) for; One (1) against. CDBG Members are impressed with the ability to serve “families” and provide long-term solutions to the population served across the inter-faith community. • HS-15 Food Bank Larimer County – Kids Café - Taylor Dunn made a motion to fund at $24 thousand. - Seconded by Sara Maranowicz. - The Vote Passed unanimously. - FINAL. Steve Backsen withdrew an initial motion to fund at $25 thousand. Among CDBG members, there was a general discussion about the necessity of this program in the community. They are efficient, effective and provide an excellent summer program. • HS-16 Homeless Gear – Program Services - Motion by Anita Basham to fund at $34 thousand. - Seconded by Margaret Long. - The Vote Passed. Eight (8) for; One (1) against. - FINAL. Initial motion by Taylor Dunn to fund at $35 thousand. Seconded by Serena Robb. The Vote passed unanimously. • HS-17 Homeless Gear – Murphy Center Program - Stacia Ryder made a motion to fund at $31,162 - Seconded by Margaret Long. - The Vote Passed. Seven (7) for; Two (2) against. - FINAL. Margaret Long made initial motion to fund at $32 thousand. Seconded by Steve Backsen. The Vote Passed unanimously. • HS-18 Kids at Heart – FUNDANGO - Motion by Anita Basham to fund at $0 (zero). - Seconded by Margaret Long. 7.1 Packet Pg. 120 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 9 CDBG – April 12, 2018 - The Vote Passed. Seven (7) for; Two (2) against. - FINAL. CDBG members discussed the important goal of encouraging new and upcoming programs while being cognizant of the paramount objective of promoting the health and safety of low- income citizens and fulfilling basic needs. Agreement that programs for foster and adoptive children is meritorious. • HS-19 Larimer County Partners – One to One Mentoring - Amy Dondale made a motion to fund at $7.5 thousand for their first priority item. - Seconded by Sara Maranowicz. - The Vote Passed unanimously. - FINAL. Amy Dondale made initial motion to fund at $10 thousand. Seconded by Sara Maranowicz. Taylor Dunn made a Friendly Amendment to fund at $7.5 thousand funding the first thing listed in their priority list. Amy and Sara agreed. • HS-20 Lutheran Family Services – Geriatric Care Management - Motion by Margaret Long to fund at $0 (zero). - Seconded by Anita Basham. - The Vote Passed. Six (6) for; Three (3) against. - FINAL. Motion by Margaret Long to fund at $0 (zero). Seconded by Anita Basham. Friendly Amendment made by Olga Duvall to increase to $10 thousand. Margaret rejected the adjustment. The Vote Passed. Six (6) for; Three (3) against. General discussion ensued among CDBG members that this program does not provide direct assistance to the most vulnerable populations. Elderly persons are a presumed benefit population. • HS-21 Neighbor to Neighbor – Homelessness Prevention and First Month Rent Assistance. - Taylor Dunn made a Motion to fund at $80 thousand. - Seconded by Sara Maranowicz. - The Vote Passed unanimously. - FINAL. Taylor Dunn made initial motion to fund at $80 thousand. Seconded by Sara Maranowicz. The Vote Passed unanimously. Anita Basham made a motion to fund at $75 thousand. Seconded by Margaret Long. The Vote Failed. One (1) for; Seven (7) against; One (1) abstain. • HS-22 Neighbor to Neighbor – Housing Counseling - Stacia Ryder made a motion to fund at $35 thousand. - Seconded by Taylor Dunn seconded. - The Vote Passed unanimously. - FINAL. 7.1 Packet Pg. 121 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 10 CDBG – April 12, 2018 Taylor Dunn made initial motion to fund at $37 thousand. Seconded by Olga Duvall. Sara Maranowicz made a Friendly Amendment to fund at $40 thousand. Taylor and Olga agreed to the amendment. The Vote Passed unanimously. Taylor Dunn made a motion to fund at $37 thousand. Seconded by Sara Maranowicz. The Vote Passed unanimously. General CDBG member agreement that this program can “head off” or deter other community crisis issues, and they have high utilization and benefit results for our community. • HS-23 Partnership for an Age Friendly Community – A Little Help - Taylor Dunn motions to fund at $18 thousand to be applied proportionally amongst the two items. - Seconded by Stacia Ryder. - The Vote Passed unanimously. - FINAL. Taylor Dunn motions to fund at $18 thousand. Seconded by Stacia Ryder. Amy Dondale proposed a Friendly Amendment to fund at $20 thousand. Taylor rejected the increase. Taylor proposed an amendment to use the funds proportionally between the two items listed. The Vote Passed unanimously. Some CDBG members were impressed with the project, using terms like innovative and forward thinking. The program can help keep intergenerational communication active in the community. • HS-24 Project Self-Sufficiency - Taylor Dunn made a motion for fund at $30 thousand. - Seconded by Margaret Long. - The Vote Passed unanimously. - FINAL. CDBG members coalesced that the project showed good results. • HS-25 Respite Care- Childcare Scholarships - Motion by Sara Maranowicz to fund at $32,607. - Seconded by Margaret Long. - The Vote Passed unanimously. - FINAL. Initial motion by Anita Basham to fund at $35 thousand. Seconded by Olga Duvall. Sara Maranowicz made a Friendly Amendment to fund at $33 thousand. Anita rejected the amendment proposal. The Vote Passed. Seven (7) for; Two (2) against. The CDBG members like the fundraising efforts. Members also complimented the relationship with the community and the unique, highly demanded services provided. • HS-26 SAVA - Sexual Assault Victim Advocacy Center 7.1 Packet Pg. 122 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 11 CDBG – April 12, 2018 - Sara Maranowicz made a motion to fund at $28.5 thousand. - Seconded by Taylor Dunn. - The Vote Passed. Eight (8) for; One (1) against. - FINAL. Anita Basham made initial motion to fund at $30 thousand. Seconded by Stacia Ryder. Olga Duvall made a Friendly Amendment to fund at $28 thousand. Anita rejected that figure. The Vote Passed unanimously. Sara Maranowicz made a motion to fund at $27 thousand. Seconded by Taylor Dunn. Taylor made a Friendly Amendment for $29 thousand, but that was rejected by Sara. Taylor made a subsequent Friendly Amendment to fund at $28.5 thousand, which was accepted. The Vote Passed. Agreement by the CDBG members that this is a unique service and a necessary program also, the issue has received considerable media attention locally and nationally bringing more awareness to the community level. • HS-27 Summit Stone Health Center – Community Behavioral Health - Margaret Long made a motion to fund at $26 thousand. - Taylor Dunn Seconded. - The Vote Passed unanimously. - FINAL. CDBG members note that Mental Health programs are critical services. • HS-28 Summit Stone @ Murphy Center – Mental Health Services - Taylor Dunn made a motion to fund at $19 thousand. - Sara Maranowicz Seconded. - The Vote Passed. Eight (8) for; One (1) against. - FINAL. Taylor Dunn made initial motion to fund at $19 thousand. Margaret Long Seconded. Serena Robb made a Friendly Amendment for funding at $20 thousand. The Vote Passed unanimously. • HS-29 Teaching Tree Early Childhood Learning Center – Childcare Scholarships - Amy Dondale made a motion to fund at $51 thousand. - Seconded by Margaret Long. - The Vote Passed unanimously. - FINAL. Sara Maranowicz made a motion to fund at $50 thousand. Seconded by Anita Basham. Serena Robb made a Friendly Amendment to fund at $52 thousand. Sara and Anita accepted the new figure. The Vote Passed unanimously. CDBG members agreed that this program has a great reputation working with low-income children. • HS-30 TEAM Wellness and Prevention 7.1 Packet Pg. 123 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 12 CDBG – April 12, 2018 - Motion by Steve Backsen to fund at $0 (zero). - Seconded by Margaret Long. - The Vote Passed. Seven (7) for; Two (2) against. - FINAL. • HS-31 The Family Center / La Familia - Taylor Dunn made a motion to fund at $42 thousand. - Seconded by Margaret Long. - The Vote Passed. Eight (8) for; One (1) against. - FINAL. Taylor Dunn made initial motion to fund at $43 thousand. Seconded by Sara Maranowicz. The Vote Passed unanimously. There ensued commentary by CDBG members on the trust worthiness and community engagement of the program. • HS-32 The Growing Project – Gardening Education and Healthy Food Access for Youth - Motion by Margaret Long to fund at $6 thousand for top priority items. - Seconded by Steve Backsen. - The Vote Passed unanimously. - FINAL. Initial motion by Margaret Long to fund at $6 thousand for Young Farmer training and training staff. Seconded by Steve Backsen. Motion by Taylor Dunn to add a stipulation to use on top priorities listed in the application. The Vote Passed unanimously. CDBG members, impressed by the agency goals and detailed budget, took the opportunity to partially fund and encourage this new project. • HS-33 Matthews House – Building Employment Skills Scholarships - Stacia Ryder made a motion to fund at $3 thousand. - Seconded by Taylor Dunn. - The Vote Passed unanimously. - FINAL. Amy Dondale made initial motion to fund at $0 (zero). Seconded by Taylor Dunn. There was a Friendly Amendment by Stacia Ryder to fund at $4.2 thousand. The Vote Passed. Eight (8) for; One (1) against. General enthusiasm expressed from the CDBG members that, in the future, the Private Business Community will provide primary funding for these worthwhile programs. Workforce development benefits both the Business Community and a determinate skill-set population. • HS-34 Matthews House – Empowering Youth - Serena Robb made a motion to fund at $20 thousand. - Seconded by Taylor Dunn. - The Vote Passed unanimously. - FINAL. 7.1 Packet Pg. 124 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 13 CDBG – April 12, 2018 Stacia Ryder made initial motion to fund at $22 thousand. Seconded by Steve Backsen. Anita Becksham offered a Friendly Amendment to fund at $24 thousand. Stacia agreed, but Steve rejected the proposal. The Vote Passed unanimously. • HS-35 Salvation Army - Motion made by Taylor Dunn to fund at $0 (zero). - Seconded by Margaret Long. - The Vote Passed. Eight (8) for; One (1) abstain. - FINAL. CDBG members discussed that more metrics on the program would be appropriate. • HS-36 Turning Point – Crisis Intervention Services - Motion by Amy Dondale to fund at $13 thousand. - Seconded by Margaret Long. - The Vote Passed. Eight (8) for; One (1) against. - FINAL. • HS-37 Voices Carry Child Advocacy Center (CAC) – Family Advocacy - Margaret made a motion to fund at $23 thousand. - Seconded by Anita Basham. - The Vote Passed unanimously. - FINAL. • HS-38 Volunteers of America – Home Food Delivery - Margaret Long made a motion to fund at $35 thousand. - Seconded by Taylor Dunn. - The Vote Passed unanimously. - FINAL. Anita Basham made initial motion to fund at $35 thousand. Seconded by Margaret Long. Steve Backsen made a Friendly Amendment to fund at $37 thousand. Olga Duvall made a Friendly Amendment to fund at $36 thousand. Anita and Margaret accepted both amendment offers in succession. The Vote Passed unanimously. CDBG members generally agreed that the program provides not only daily meals, but tremendous social interaction opportunities for homebound. Many (of the above-listed) funding applications went through a “second round” (and some a “third round”) of motions for funding to adjust and allocate figures within budget. Listed first is the final funding allocations for each program. Allocations of ““Human Services” and “Public Facility” funds is complete for recommendation, with many program funding allocations are contingent upon receipt and analysis of the final HUD numbers. Taylor Dunn made a Motion to Approve the Funding Matrix for “Human Services” and “Public Facility”. Seconded by Margaret Long. The Vote Passed unanimously. 7.1 Packet Pg. 125 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 14 CDBG – April 12, 2018 Taylor Dunn made a Motion to Proportionally Adjust the Approved Funding Matrix for “Human Services” and “Public Facility” based on actual HUD final budget numbers. Seconded by Margaret Long. The Vote Passed unanimously. IV. OTHER: In honor of National Volunteer Month, Adam Molzer thanked all the volunteers in the room and throughout the City of Fort Collins for their selfless dedication to their neighbors and hard-work in their communities. V. ADJOURNMENT: Meeting adjourned at 11:15 PM. 7.1 Packet Pg. 126 Attachment: Community Development Block Grant Commission minutes, April 12, 2018 (6807 : Competitive Process 2018) 1 CDBG Commission Competitive Process FY18 Summary of Organizations Requesting Funding & Recommendations HOUSING CARE Housing - Uniform Federal Accessibility Standards Modifications Request: $400,000 Recommendation: $220,318 Percentage: 55% CARE Housing provides affordable housing, advocacy and supportive services to empower working families in Northern Colorado. This proposal supports the construction costs related to retrofit 5% of their units as accessible in compliance with the Uniform Federal Accessibility Standards. This requirement is the result of a Fair Housing Equal Opportunity (FHEO) compliance monitoring performed by HUD. DMA Plaza, Inc. - Senior Housing Renovation. Request: $2,500,000 Recommendation: $2,500,000 Percentage: 100% DMA Plaza provides affordable housing for retired and senior populations. The nonprofit has owned and managed the property for 40 years. This proposal supports the renovation of the senior housing complex, which provides housing for 124 low-income seniors. The rehabilitation will provide another 20 years of affordability for the occupants. Fort Collins Habitat for Humanity - Poudre Build #4 Request: $80,000 Recommendation: $80,000 Percentage: 100% Habitat for Humanity helps low-income families realize home-ownership by offering 0% interest loans that don’t exceed 28% of a family’s income. This proposal supports the building materials cost of one home to be built through the Poudre Build program at Harmony Cottages. Housing Catalyst - Mason Place: Permanent Supportive Housing Request: $2,000,000 Recommendation: $1,123,338 Percentage: 56% Housing Catalyst is a Fort Collins, mission-driven real estate developer that designs, builds and serves communities with homes that are affordable in Northern Colorado. This proposal supports development costs associated with the building of a 2nd permanent supportive housing community. Once built, Mason Place will provide 60 units of permanent housing to persons currently experiencing homelessness. Neighbor to Neighbor - 20-Year Rehab at 613 & 619 Conifer Request: $520,000 Recommendation: $520,000 Percentage: 0% Neighbor to Neighbor (N2N) offers affordable housing, rent assistance, housing counseling, home buyer education and more to low-income residents. This proposal supports the full rehabilitation of two fourplexes designated to provide affordable housing for families earning below 60% of the Area Median Income. ATTACHMENT 2 7.2 Packet Pg. 127 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 2 PUBLIC FACILITY ChildSafe Colorado - Capital Campaign Request: $50,000 Recommendation: $0 Percentage: 0% ChildSafe provides comprehensive outpatient treatment to victims of childhood abuse, primarily sexual abuse, and their non-offending family members. The Capital Campaign supports a new building purchase by the organization that will allow for greater capacity, functionality and accessibility. HUMAN (PUBLIC) SERVICE Alliance for Suicide Prevention Request: $10,000 Recommendation: $4,200 Percentage: 42% ASP provides suicide prevention educational programs and grief support services to youth and adults. B.A.S.E. Camp Request: $70,000 Recommendation: $52,500 Percentage: 75% BASE Camp offers the following child service programs in PSD for grades K-8: Before and After-School Care, School-Out Day Care, Summer Camp and Preschool. Boys & Girls Clubs of Larimer County Request: $30,000 Recommendation: $23,000 Percentage: 77% B&G Clubs provides after-school and school-break youth development programs at their Fort Collins location to kids 6-18 years. CASA (Court Appointed Special Advocates) Request: $34,250 Recommendation: $16,500 Percentage: 48% CASA provides a voice in court for children who have been physically or sexually abused or neglected. Trained community advocates, or CASAs, work with each child they are assigned to and provide neutral recommendations regarding the best interests of the child. CASA (Court Appointed Special Advocates) - Harmony House Request: $32,965 Recommendation: $15,000 Percentage: 46% Harmony House is a specialized visitation center that serves as a safe, conflict-free public place for family interactions. Harmony House staff are responsible for documenting information used in deciding the child’s permanent placement. 7.2 Packet Pg. 128 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 3 Catholic Charities - Senior Services Request: $35,000 Recommendation: $28,518 Percentage: 81% Catholic Charities in Fort Collins provides shelter and supportive services to vulnerable populations, including services that allow low-income seniors age 60 and over to maintain self- sufficiency. Catholic Charities - The Mission Shelter Request: $70,000 Recommendation: $35,098 Percentage: 50% Catholic Charities provides shelter, food, case management, resource navigation, benefits application assistance, and transitional housing help in support of the homeless and near homeless. Center for Family Outreach Request: $10,000 Recommendation: $5,000 Percentage: 50% The Center for Family Outreach provides programs for youth ages 8-18 (and their families) who are experiencing high-risk behaviors for substance use or behavioral issues. ChildSafe Colorado Request: $43,265 Recommendation: $38,000 Percentage: 88% ChildSafe provides comprehensive outpatient treatment to victims of childhood abuse, primarily sexual abuse, and their non-offending family members. Colorado Health Network – Northern Colorado AIDS Project Request: $15,000 Recommendation: $7,500 Percentage: 50% NCAP strives to meet the needs of people affected by HIV and other health conditions through prevention, care and advocacy. Crossroads Safehouse Request: $60,137 Recommendation: $39,500 Percentage: 66% Crossroads Safehouse operates a domestic violence shelter providing emergency housing, crisis intervention and other services and outreach. 7.2 Packet Pg. 129 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 4 Disabled Resource Services Request: $33,074 Recommendation: $33,074 Percentage: 100% DRS is the only Center for Independent Living in Larimer County for people with disabilities (physical, cognitive, mental, neurological, deaf, blind, etc.). It is consumer-driven allowing participants to choose the goals they want to pursue to help them live in the community with independence, dignity and equality. Elderhaus Adult Day Program Request: $53,000 Recommendation: $46,067 Percentage: 87% Elderhaus provides therapeutic daytime programs for adults with disabilities: Down syndrome, Cerebral Palsy, dementia, traumatic brain injuries, etc. Faith Family Hospitality Request: $30,000 Recommendation: $18,000 Percentage: 60% Faith Family Hospitality supports families experiencing homelessness with a full range of emergency and stabilizing services, in collaboration with the faith community and other partners. Families are housed in temporary, rotating sites and supported by volunteers as they work to achieve self sufficiency with case managers. Food Bank for Larimer County - Kids Café Request: $30,000 Recommendation: $24,000 Percentage: 80% Kids Café is the largest of the Child Nutrition programs offered by the Food Bank. Free, healthy meals and snacks are provided to kids after school and during school breaks at multiple locations, many in schools with high numbers of free and reduced lunch eligible families. Homeless Gear Request: $35,000 Recommendation: $34,000 Percentage: 97% Homeless Gear provides nine programs that offer a continuum of services to individuals and families who are homeless or at-risk of becoming homeless. Homeless Gear - Murphy Center Request: $36,000 Recommendation: $31,162 Percentage: 87% Homeless Gear manages and operates the Sister Mary Alice Murphy Center for Hope. In addition to the programs of Homeless Gear, they provide oversight of the facility and the programs that provide services to people who are homeless or at-risk of becoming homeless. 7.2 Packet Pg. 130 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 5 Kids at Heart Request: $13,000 Recommendation: $0 Percentage: 0% Kids at Heart supports foster, adoptive and kinship families as well as biological children of these families. Larimer County Partners Request: $15,000 Recommendation: $7,500 Percentage: 50% Partners Mentoring Youth supports mentoring relationships between positive adult role models and youth facing challenges in their personal, social and academic lives. Lutheran Family Services Request: $29,002 Recommendation: $0 Percentage: 0% Lutheran Family Services serves vulnerable populations through a variety of programs, including older adult services. Neighbor to Neighbor - Homelessness Prevention & First Month’s Rent Request: $80,000 Recommendation: $80,000 Percentage: 0% Neighbor to Neighbor provides short-term and mid-term rent assistance with supportive services and case management to assists people in housing crises to identify, secure, and maintain affordable, sustainable rental housing. Neighbor to Neighbor - Housing Counseling Request: $60,000 Recommendation: $35,000 Percentage: 58% Neighbor to Neighbor’s Housing Counseling program helps people achieve homeownership. Partnership for Age Friendly Communities Request: $40,000 Recommendation: $18,000 Percentage: 45% The Partnership for Age-Friendly Communities in Larimer County leads, convenes, plans, designs, and implements sustainable strategies to enhance the quality of life for older adults. 7.2 Packet Pg. 131 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 6 Project Self-Sufficiency Request: $35,000 Recommendation: $30,000 Percentage: 86% Project Self-Sufficiency assists single parent families to become self-sufficient through career planning, wrap around services and support that removes barriers and empowers parents to complete education and training goals. Respite Care Request: $40,000 Recommendation: $32,607 Percentage: 82% Respite Care provides short-term care for children with developmental disabilities and other supportive services that provide respite for families. Support is available 24/7 all year for children from infancy to age 21. Sexual Assault Victim Advocate Center Request: $50,000 Recommendation: $28,500 Percentage: 57% SAVA provides crisis intervention, advocacy and counseling to all those affected by sexual violence and prevention programs to the community. SummitStone Health Partners - Community Behavioral Health Treatment Request: $30,000 Recommendation: $28,518 Percentage: 95% SummitStone provides services for behavioral health prevention, intervention and treatment. This program provides intensive case management and therapeutic services with housing assistance for low-to - moderate income people with severe mental illness and severe substance use disorders. SummitStone Health Partners - Mental Health Services at Murphy Center Request: $30,000 Recommendation: $20,839 Percentage: 69% SummitStone provides services for behavioral health prevention, intervention and treatment. This program offers behavioral health treatment (case management, mental health and addiction counseling) for clients of the Murphy Center offering a one-stop option. Teaching Tree Early Childhood Learning Center Request: $60,000 Recommendation: $51,000 Percentage: 85% Teaching Tree provides accessible and affordable early childhood care and education programs that teach children skills to lower their risk factors and begin kindergarten with social, emotional and academic skills to allow them to learn. 7.2 Packet Pg. 132 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 7 TEAM Wellness and Prevention Request: $25,500 Recommendation: $0 Percentage: 0% TEAM Wellness & Prevention promotes healthy lifestyles among youth through substance abuse prevention. The Family Center / La Familia Request: $50,000 Recommendation: $42,000 Percentage: 84% The Family Center / La Familia provides services to help strengthen and stabilize low-income families through affordable child care for infants, toddlers and preschool-aged children, parent enrichment programs, home visitation instruction, after-school and summer youth programming and adult education. The Growing Project Request: $21,500 Recommendation: $6,000 Percentage: 28% The Growing Project’s goal is to address food insecurity in Fort Collins through programming focused on hands-on education, food productiion, and food distribution. The Matthews House - Building Employment Skills Request: $8,100 Recommendation: $3,000 Percentage: 37% The Matthews House empowers young adults and families in transition to navigate difficulties on the road to self-sufficiency; many have been in foster care, justice system, generational poverty, etc. The Building Employment Skills program supports youth in their Restaurant Ready career training classes. The Matthews House - Empowering Youth Program Request: $30,000 Recommendation: $20,000 Percentage: 67% The Matthews House empowers young adults and families in transition to navigate difficulties on the road to self-sufficiency; many have been in foster care, justice system, generational poverty, etc. The Empowering Youth Program serves youth 14-21 who lack significant family support transition into adulthood. The Salvation Army Request: $20,000 Recommendation: $0 Percentage: 0% The Salvation Army in Fort Collins offers a variety of programs to support human service needs of vulnerable populations in the community, including food boxes, clothing and hygiene items, meals, back-to-school items, disaster relief and more. 7.2 Packet Pg. 133 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) 8 Turning Point Request: $30,000 Recommendation: $13,000 Percentage: 43% Turning Point provides mental health, behavioral health and substance abuse treatment services to children and families. They offer both inpatient residential programs (children ages 12-18), short and long term, and outpatient programs. Voices Carry Child Advocacy Center Request: $26,500 Recommendation: $23,000 Percentage: 87% Voices Carry provides comprehensive response to child abuse working with law enforcement, child protection, prosecution, mental health, medical and victim advocacy to investigate abuse, help children heal from abuse and hold offenders accountable. Volunteers of America Request: $39,000 Recommendation: $35,000 Percentage: 90% The Fort Collins VOA provides services to seniors (60+) who are frail and/or home-bound to help them remain healthy, safe, socially connected and independent. The meal delivery program offers weekly boxed meals or frozen meals and nutrition risk assessments, nutrition education/counseling, information/referral to community resources, etc. 7.2 Packet Pg. 134 Attachment: CDBG Summary of Organizations requestion funding and recommendations (6807 : Competitive Process 2018) ATTACHMENT 3 7.3 Packet Pg. 135 Attachment: Affordable Housing Board Priority Ranking (6807 : Competitive Process 2018) -1- RESOLUTION 2018-054 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE CITY’S AFFORDABLE HOUSING FUND, AND THE CITY’S HUMAN SERVICES PROGRAM WHEREAS, the Community Development Block Grant (“CDBG”) Program and the Home Investment Partnerships (“HOME”) Program are ongoing grant administration programs funded by the Department of Housing and Urban Development (“HUD”); and WHEREAS, the City has received CDBG Program funds since 1975 and HOME program funds since 1994; and WHEREAS, the City Council has budgeted General Fund and Keep Fort Collins Great (“KFCG”) dollars in the Affordable Housing Fund (“AHF”) and the Human Services Program (“HSP”) for use in assisting affordable housing programs and projects and community development activities; and WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-013, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs and projects and community development activities; and WHEREAS, on January 20, 2015, the City Council adopted Resolution 2015-009, adopting a revised competitive process that changed from two annual funding cycles, in the spring and fall, to one funding cycle in the spring, with the fall funding cycle being optional and used only when funds are available that were not allocated in the spring or were returned to the City; and WHEREAS, the CDBG Commission reviewed 44 applications for the 2018 funding cycle, listened to presentations by the applicants, and asked clarifying questions. WHEREAS, on April 12, 2018, the CDBG Commission met to prepare a recommendation to the City Council as to which programs and projects should be funded with FY2018 CDBG and HOME funds, FY2017 CDBG and HOME Program Income, and reappropriated FY2017 CDBG and HOME funds, as well as City AHF and HSP funds; and WHEREAS, as required by HUD regulations, a 30-day comment period began on May 4, 2018 and ended on June 5, 2018, and to date no comments have been receivedthe comments received have largely been statements of gratitude from the applying agencies, as well as a limited number of statements of concerns from applying agencies, which City staff indicates have been resolved to the agencies’ satisfaction; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission and has determined that the City’s 2018 allocation should be made as set out in this Resolution. -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 City staff is hereby authorized to submit an application to HUD based on the following recommended funding allocations: Planning and Administration Category Applicant Project/Program Funding Request Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning $214,642 $214,642 $0 100% City of Fort Collins: HOME Administration/Planning $95,607 $95,607 $0 100% Administration/Planning Total $310,249 $310,249 $0 100% Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CARE Housing: UFAS $400,000 $220,318 $179,682 55% DMA Plaza: Rehabilitation $2,500,000 $2,500,000 $0 100% Habitat for Humanity: Poudre Build #4 $80,000 $80,000 $0 100% Housing Catalyst: Mason Place Permanent Supportive Housing $2,000,000 $1,123,338 $876,662 56% Neighbor to Neighbor: 20-Year Rehab at 613 & 619 Conifer $520,000 $0 $520,000 0% Housing Total $5,500,000 $3,923,656 $1,576,344 71% Human (Public) Service & Public Facility Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Alliance for Suicide Prevention: Prevention Education Programs -3- Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CASA Program: Harmony House Supervised Visitation $32,965 $15,000 $17,965 46% Catholic Charities: Senior Services $35,000 $28,518 $6,482 81% Catholic Charities: The Mission Shelter $70,000 $35,098 $34,902 50% The Center for Family Outreach: Scholarship Program $10,000 $5,000 $5,000 50% ChildSafe Colorado: Child Sexual Abuse Treatment Program $43,265 $38,000 $5,265 88% ChildSafe Colorado: Capital Campaign (Public Facility) $50,000 $0 $50,000 0% Colorado Health Network: Northern Colorado AIDS Project (NCAP) $15,000 $7,500 $7,500 50% Crossroads Safehouse: Advocacy Project $60,137 $39,500 $20,637 66% Disabled Resource Services: Access to Independence $33,074 $33,074 $0 100% Elderhaus Adult Day Program: Community Based Therapeutic Care $53,000 $46,067 $6,933 87% Faith Family Hospitality: Homeless Family Services $30,000 $18,000 $12,000 60% Food Bank for Larimer County: Kids Café $30,000 $24,000 $6,000 80% Homeless Gear: Homeless Gear Programs $35,000 $34,000 $1,000 97% Homeless Gear: Murphy Center Programs $36,000 $31,162 $4,838 87% Kids at Heart: Fundango $13,000 $0 $13,000 0% Larimer County Partners: One to One Mentoring $15,000 $7,500 $7,500 50% Lutheran Family Services: Geriatric Care Management $29,002 $0 $29,002 0% Neighbor to Neighbor: Homelessness -4- Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Respite Care: Childcare Scholarships $40,000 $32,607 $7,393 82% SAVA Center: Sexual Assault Victim Services $50,000 $28,500 $21,500 57% SummitStone Health Partners: Community Behavioral Health Treatment Program $30,000 $28,518 $1,482 95% SummitStone Health Partners: Mental Health Services at the Murphy Center $30,000 $20,839 $9,161 69% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $51,000 $9,000 85% TEAM Wellness and Prevention: Engaging Families for Prevention $25,500 $0 $25,500 0% The Family Center/La Familia: Childcare Scholarship Program $50,000 $42,000 $8,000 84% The Growing Project: Gardening Education & Healthy Food Access for Youth $21,500 $6,000 $15,500 28% The Matthews House: Building Employment Skills $8,100 $3,000 $5,100 37% The Matthews House: Empowering Youth Program $30,000 $20,000 $10,000 67% The Salvation Army: Rent & Utility Assistance $20,000 $0 $20,000 0% Turning Point Center for Youth and Family Development: Crisis Intervention Services $30,000 $13,000 $17,000 43% Voices Carry Child Advocacy Center: Family Advocacy & Victim Services $26,500 $23,000 $3,500 87% Volunteers of America: Home Delivered Meal Service $39,000 $35,000 $4,000 90% Human (Public) Service & Public Facility Total $1,410,293 -5- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 070, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City estimates it will receive in federal fiscal year 2018-2019 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds from the Department of Housing and Urban Development (“HUD”) totaling $1,073,214; and WHEREAS, the City also has identified unprogrammed CDBG funds through a reconciliation with the federal Integrated Disbursement & Information System (“IDIS”) of $192,549; and WHEREAS, on June 5, 2018, the City Council adopted Resolution 2018-054, approving the CDBG Commission’s recommendation as to which programs and projects should receive CDBG funds in the 2018 funding cycle; and WHEREAS, Article V, Section 9, of the City Charter permits City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, this appropriation benefits the public health, safety and welfare of Fort Collins residents and serves the public purpose of providing safe, affordable public housing and human services, contributing to economic stability and homelessness prevention for Fort Collins residents; and WHEREAS, the City Manager has determined that the appropriation of all unanticipated CDBG grant and other revenue as described herein will not result in total appropriations in excess of the current estimate of actual and anticipated revenues for fiscal year 2018. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the federal fiscal year 2018-2019 from HUD into the Community Development Block Grant Fund, the sum of ONE MILLION SEVENTY-THREE THOUSAND TWO HUNDRED Packet Pg. 141 -2- FOURTEEN DOLLARS ($1,073,214), upon receipt thereof for federal fiscal year 2018-2019 Community Development Block Grant projects. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue from a reconciliation of funding between the City JDE system and the federal IDIS system into the Community Development Block Grant Fund, the sum of ONE HUNDRED NINETY-TWO THOUSAND FIVE HUNDRED FORTY-NINE DOLLARS ($192,549), for approved Community Development Block Grant projects. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 142 -1- ORDINANCE NO. 071, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities that would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress reauthorizes and continues to fund the program; and WHEREAS, the City estimates it will receive in federal fiscal year 2018-2019 unanticipated revenue in the form of HOME Program funds from HUD totaling is $846,700; and WHEREAS, the City received unanticipated HOME Program income in the amount of $515,534; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has determined that the appropriation of the HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2018 fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the fiscal year until the expiration of the federal grant; and WHEREAS, this appropriation benefits the public health, safety and welfare of Fort Collins residents and serves the public purpose of providing safe, affordable housing for low- income residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 143 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2018-2019 in the HOME Program Fund the sum of EIGHT HUNDRED FORTY-SIX THOUSAND SEVEN HUNDRED DOLLARS ($846,700), upon receipt from federal fiscal year 2018-2019 HOME Participating Jurisdiction Grant Funds. Section 3. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fund the sum of FIVE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED THIRTY-FOUR DOLLARS ($515,534), for approved HOME Program projects. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 144 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Eric Keselburg, Compliance Supervisor Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions. EXECUTIVE SUMMARY The purpose of this item is to remove the notification requirement for violations of Chapter 19 of the City Code to allow Code Compliance Inspectors the flexibility to issue immediate citations for all properties, including some identified and sustained egregious or chronic offenders of the nuisance code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The current Code allows an officer to immediately serve a civil citation without prior notice for a civil infraction in certain circumstances, including a second or subsequent violation within a twelve-month period for the same violation. Other violations are for parking on yards, occupancy code violations, and some animal violations. Allowing the option to take immediate enforcement action should expedite correction of observed nuisance infractions without requiring the notification process that sometimes delays corrective action. Staff would create a clearly defined department policy to provide guidance to compliance officers on when it is appropriate to provide a notice of violation and when to issue a citation without allowing an opportunity to correct the violation. PUBLIC OUTREACH Proposed changes have been communicated to the public through an article in Neighborhood News and a news release will be issued next week. 8 Packet Pg. 145 -1- ORDINANCE NO. 072, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING CIVIL INFRACTIONS WHEREAS, on December 19, 2006, the City Council adopted Ordinance No. 198, 2006, (the “Original Ordinance”) amending City Code to establish a civil infraction for many violations of City Code previously considered misdemeanors; and WHEREAS, the Original Ordinance made mandatory the issuance of a notice of violation before a civil citation could be issued, with a single exception that allowed for the immediate issuance of a citation for “a threat to the public health, safety, or welfare”; and WHEREAS, since the adoption of the Original Ordinance, many exceptions have been added to the Code, permitting Code Enforcement Officers to immediately issue civil citations for various offenses; and WHEREAS, those exceptions have provided flexibility and have proven effective for Code Enforcement Officers; and WHEREAS, changing the requirement will provide consistency in enforcement procedures; and WHEREAS, removing the Code requirement to provide a notice of violation before a civil citation is issued will give more flexibility to Code Enforcement Officers when dealing with properties within the City; and WHEREAS, the City Council has determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City’s citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 19-63 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 19-63. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: . . . Packet Pg. 146 -2- Charging document shall mean the document initiating the civil infraction matter, whether denoted as a complaint, summons and complaint, citation, penalty assessment notice, removal assessment, civil citation, or other document charging the person with the commission of a civil infraction or infractions. . . . Section 3. That Section 19-65 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 19-65. Commencement of action; citation procedure. (a) Officers shall have the authority to initiate enforcement proceedings as provided below. (1) An officer who has reasonable grounds to believe that a responsible party has committed a civil infraction under this Code is authorized to serve a notice of violation or a civil citation to the responsible party. If a notice of violation has been issued instead of a civil citation, Except as otherwise provided in this Code, the officer shall set a reasonable time period within which the responsible party must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, the nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. An officer may, when issuing a civil citation, also set a time within which the responsible party must correct the violation, using the considerations above. immediately serve a civil citation to a responsible party, without prior notice for a civil infraction in the following circumstances: a. The violation of City Code Sections 4-70, 4-74, 4-95, 4-96, 4-97, 4- 119, 4-157, or 4-177. b. The violation of City Code Section 17-168. c. If there is reason to believe that the violation presents a threat to the public health, safety or welfare or the damage done by the violation is irreparable or irreversible. d. If the violation is a second or subsequent violation by the responsible party that occurred within the twelve (12) months immediately following a previous violation. e. The violation of Land Use Code Section 3.8.16 pertaining to occupancy limits. f. The violation of City Code Section 20-105 during a stadium event or within four (4) hours before the official start time of a stadium event, as defined in Section 1214.5(6) of the Fort Collins Traffic Code. (2) The citation form shall include, but need not be limited to, the following: a. Date and time of issuance. Packet Pg. 147 -3- b. Name and signature of officer. c. Name and address of the responsible party. d. Code section for violation charged. e. Brief description of the nature of the violation, including location, date and time of violation and, if applicable, description of the actions required to correct the violation. f. Amount of the applicable civil penalty and costs, assessments and fees. g.f. Procedure for the defendant to follow in paying the civil penalty, costs, assessments and fees or contesting the citation. h.g. Notice that additional citations may be served for each day that the applicable violation is found to exist. i. Notice that failure to pay the civil penalty, costs, assessments and fees within the time allowed and failure to request a hearing within ten (10) days of service of the citation shall constitute a waiver of the responsible party's opportunity for a hearing, and that, in such case, judgment may be entered up to the amount stated on the citation together with any court, abatement or removal costs, as applicable. (3) The officer may require that a responsible party or any person receiving a citation provide proof of identity and residential or work address. (4) The officer shall attempt to serve the citation to a responsible party at the site of the violation. If no responsible party can be located at the site of the violation, a copy of the citation shall be served by mail to the responsible party via first-class mail at any last known address of said party in the records of the City or County and a copy shall also be left with any adult person residing or working at the site of the violation. If no adult person is found at the site and the violation occurred on private property or on property for which a responsible party has responsibility under any other ordinance or the violation involves a vehicle or trailer as the nuisance, then a copy of the citation shall be posted in a conspicuous place on the property or attached to the vehicle or trailer, whichever is applicable. (5) The officer shall attempt to obtain the signature of the person to whom he or she served the citation; however, if the citation is mailed or posted or if the person fails or refuses to sign the citation, such failure or refusal shall not affect the validity of the citation or any subsequent proceedings. (6) Proper notice shall be deemed served on the date of receipt by the responsible party if personally served, or upon the fifth day after mailing, attaching or posting of the citation. Packet Pg. 148 -4- Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 149 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Aweida Annexation. EXECUTIVE SUMMARY A. Resolution 2018-055 Setting Forth Findings of Fact and Determinations Regarding the Aweida Annexation. B. Public Hearing and First Reading of Ordinance No. 073, 2018, Annexing the Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary with the Horsetooth-Harmony West Annexation (Ordinance No. 068, 1980). The minimum contiguous boundary is 135.39 feet, based on the total perimeter boundary of 810.74 feet. The proposed annexation includes a contiguous boundary of 162.20 feet, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. Enclave Implications Annexing this 0.862-acre parcel does not create (nor does it contribute to creating) an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. 9 Packet Pg. 150 Agenda Item 9 Item # 9 Page 2 BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 4-0 (the Board Chair recused himself) to recommend approval of the annexation. Further, the Board recommended that the property be placed into the Low Density Mixed Use Neighborhood (L-M-N) zone district. This action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH A neighborhood meeting was held on March 22, 2018, that was attended by six residents from the notification area. Staff received mixed feedback from participants either in support for the annexation and future development project, concerns of potential impacts of the future development project, and the potential for a future annexation that includes a larger area. ATTACHMENTS 1. Vicinity map (PDF) 2. Annexation map (PDF) 3. Annexation Petition (PDF) 4. Neighborhood Meeting Sumary, March 22, 2018 (PDF) 9 Packet Pg. 151 S Taft Hill Rd W County Road 38e W H armony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View Ln M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr T rowbri d ge Dr Mustang Ln Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS 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 thereon. ATTACHMENT 2 9.2 Packet Pg. 153 Attachment: Annexation map (6822 : Aweida Annexation) ATTACHMENT 3 9.3 Packet Pg. 154 Attachment: Annexation Petition (6822 : Aweida Annexation) 9.3 Packet Pg. 155 Attachment: Annexation Petition (6822 : Aweida Annexation) 9.3 Packet Pg. 156 Attachment: Annexation Petition (6822 : Aweida Annexation) 9.3 Packet Pg. 157 Attachment: Annexation Petition (6822 : Aweida Annexation) 9.3 Packet Pg. 158 Attachment: Annexation Petition (6822 : Aweida Annexation) Aweida Annexation/Conceptual Plans Neighborhood Meeting Summary (3/28/2018) Overview Neighborhood Meeting Date: March 22, 2018 Applicants: Dana Lockwood, Lockwood Architects Courtney Lockwood, Lockwood Architects Dan Aweida, Owner/Developer City Staff in Attendance: Pete Wray, Senior City Planner Sylvia Tatman-Burrus, Development Review Liaison Anna Simpkins, Planning Technician Martina Wilkinson, Assistant City Traffic Engineer Tim Tuttle, Civil Engineer II Proposed Project  The purpose of the neighborhood meeting is to share the developer’s proposal for annexation and zoning, conceptual plans for future project, and for staff to document comments received from attendees to be shared with Decision maker as part of record.  A formal Project Development Plan (PDP) application has not been submitted so this is early in the development review process.  This property is currently located outside of City limits and this first step involves annexation and zoning.  City Council acts as the decision-maker for the annexation, plan amendment, and zoning.  This is a Type II Review, based on mixed-use dwelling and non-residential space in building. If approved, and Planning and Zoning Board would act as the decision-maker for the proposed development.  Neighbors will be notified in advance of the hearing held by the Planning and Zoning Board, and posted notice for a City Council Hearing.  Along with annexation the applicant is also sharing conceptual project development information ahead of a formal application. The proposed building is a 2-story, mixed-use dwelling with 4 units and 1000 square feet of office space.  14 parking spaces are proposed at the interior of the site.  A right-in, right-out access drive is proposed on CR38E and a right-in only on S. Taft Hill Rd.  A Structure Plan Amendment is proposed to zone the parcel Low-Density Mixed-Use (LMN) instead of Urban Estate (UE).  The applicant is Lockwood Architects, architect and landscape architect for the project.  The proposed non-residential space in building intended for professional office. Community Development and Neighborhood Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview ATTACHMENT 4 9.4 Packet Pg. 159 Attachment: Neighborhood Meeting Sumary, March 22, 2018 (6822 : Aweida Annexation) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 2  In the LMN zoning, the list of permitted uses for non-residential is limited if outside of a neighborhood center. The Code requires a separation distance of ¾ mile between neighborhood centers that include a retail store or convenience store with fuel sales uses. Since the JJ’s center is near this property, a neighborhood center is not proposed for this location.  Landscaping will be all ‘xeriscaping’ with no sod on site.  Proposal required right-of-way dedication to improve traffic function and safety at intersection.  The mixed-use building includes 4 proposed dwelling units: 2 two-bedroom and 2-three bedroom (10 total bedrooms). Questions/Comments and Answers Traffic/Roads  Will there be road improvements at the S Taft Hill Rd and County Road 38E intersection? The architect explained there will be a right-in, right-out driveway on the north side of the property along CR 38E and there will be a right-in only turn on the east side of the property along S Taft Hill Rd. They are required to dedicate approximately 12 feet of right-of way to the City for additional intersection improvements based on the roadway classification. Traffic Engineer Martina Wilkinson explained that the City is also in early conversations with Larimer County about improvements along S Taft Hill Rd between CR 38E and Horsetooth Rd. Traffic Engineering has also identified unusual traffic patterns at this intersection due to commuter traffic and vehicle traveling to and from Horsetooth Reservoir. Unique signal timing has been implements to try and address some of these irregularities.  How much traffic comes through this intersection daily? Traffic Engineer Martina Wilkinson explained that there are about 22,000 trips on S Taft Hill Rd north of Harmony Rd daily. This volume is where they begin discussions about widening. The proposal would not be responsible for all intersection improvements but would contribute.  How much additional traffic will this project generate? The applicant explained that they are not required to do a traffic study due to the small scale of the project. Traffic Engineer Martina Wilkinson explained that when they evaluate a 4-unit building they expect 3-4 trips per hour at peak traffic times, approximately 1 car every 15 minutes. The City cannot legally require one project to fix all deficiencies, but rather mitigate for their impact. This project could potentially contribute a right turn lane and frontage (curb and gutter) improvements along this lot.  What can be done at the intersection to improve mobility and the turning radius for large vehicles and vehicles with trailers? Traffic Engineer Martina Wilkinson explained that they are aware with turning radius issues at this corner and if this proposal necessitated adding a right turn lane from CR38 E onto S Taft Hill Rd then they would also be able to relocate signal poles which is one of the current constraints. 9.4 Packet Pg. 160 Attachment: Neighborhood Meeting Sumary, March 22, 2018 (6822 : Aweida Annexation) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 3 Annexation  Is the property moved to City utilities when it is annexed? City Planner Pete Wray explained that electric service will switch from the current provider to Fort Collins Light and Power. A property can keep an existing septic system if it is adequate; future sanitation service provided by the City. Water services provided by the Fort Collins- Loveland Water District.  The County said they would never let this property go commercial, is the City trying to annex this parcel to make it commercial? City Planner Pete Wray explained that the annexation is spurred by the proposed development. The City and County have an agreement that if a development is proposed on a property that is contiguous with City limits and within the set Growth Management Area (GMA) then is will be annexed prior to development, as is the case with this parcel. The existing County zoning for this property is R1 Residential. The County zoning across W CR 38 E at the JJ’s Center is commercial. The City is not proposing to change zoning to Commercial for this location. The City Structure Plan has this quadrant of the intersection indicated as Urban Estate (UE) Land Use designation. As part of this annexation a plan amendment is proposed to change the land use from UE to Low Density Mixed-Use Neighborhood (LMN). This change is consistent with the LMN zoning to the east across S. Taft Hill Road, and to the north across W CR 38 E for future designation. Staff supports this change in part because building a single-family house in the UE zoning for this corner is challenging after street infrastructure improvements are implemented, further reducing the lot size. During the City Plan update process currently underway, if other property owners also desire a plan amendment to LMN, staff may consider a larger Structure Plan map change. However, to clarify that potential option is not part if this application for annexation. City Council would have to approve any Structure Plan amendments and annexation. The structure plan is available online: https://www.fcgov.com/planning/pdf/structure-plan.pdf  If the lot is annexed, are other property owners forced into the City? City Planner Pete Wray explained that properties come into City limits by one of two ways; voluntary annexation with development or involuntary annexation as a result of an enclave. This property is eligible for voluntary annexation because it meets the annexation criteria for being adjacent to existing City Limits and within the Growth Management Area (GMA). Enclaves are created when a parcel or parcels within the County are surrounded by City limits. If an enclave is established, City Council can consider forced annexation after a three-year period. Annexing this property into the City would not force others to do so now.  Do our taxes change if this property is annexed? City Planner Pete Wray explained that taxes for the property that is annexed would be based on the latest County Assessor’s information.  If an adjacent 2-acre lot annexed and they wanted LMN zoning, they could build 18 units [9 per acre]? 9.4 Packet Pg. 161 Attachment: Neighborhood Meeting Sumary, March 22, 2018 (6822 : Aweida Annexation) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 4 City Planner Pete Wray explained that City Council would have to support the annexation and support any proposed change to the City Structure Plan. If this was supported, then yes, the maximum density in the LMN zone is 9 dwelling units per acre. But like this property, other design factors may reduce density such as street access, setbacks, parking and drainage requirements. Any future annexations and development proposals are not part of this proposal. The City is currently updating our comprehensive plan, City Plan, which will be looking at some of these areas where amendments to the structure plan may make sense. Residents and neighbors are encouraged to get involved in the City Plan process to have concerns heard with stakeholder groups and public events over the next 18 months. Please see the City Plan website for additional information on ways to get involved: https://ourcity.fcgov.com/cityplan Miscellaneous  Why do you [the applicant] not think this property is suitable for a single-family house? The applicant explained that this was his opinion, and although there was a single-family house on the lot for 100+ years, the area has changed and developed to the point where there is enough traffic that this site is not appealing for a single-family home. The UE zoning requires a minimum half acre lots, with the existing lot size of .44 acres. Additional Right of Way, setbacks and site drainage may further reduce lot size.  What is our role in the rest of this process? Can we vote on proposed zoning? Where do our comments go? City Planner Pete Wray explained that all comments from the meeting would be put in the official record and provided to the decision maker. Any other communication received (email, phone, etc.) will also be entered into the record. All hearings with these decision-makers are also public and citizens can attend and make additional comments. Neighbors will be provided mailed notice prior to the Planning and Zoning Board hearing. City Council Hearings include posted notice. Development Review Liaison Sylvia Tatman-Burrus encouraged those at the meeting to contact her as well and to share hearing notices with neighbors who may be interested but outside of the notification area. City Planner Pete Wray explained that, although not a Land Use Code requirement, this proposal could have another neighborhood meeting if the design changes significantly and it would benefit neighbors and the applicant see and receive additional feedback prior to moving to a decision-maker.  What is the timeline for this project? City Planner Pete Wray explained that this project will go to a preliminary City Council hearing in April at which time they will determine a schedule as part of an initiating resolution. The Planning and Zoning Board Hearing is tentatively scheduled for May, to forward a recommendation to City Council on the annexation, plan amendment and zoning. The first reading is anticipated at a June City Council meeting and the second reading is expected in July. A hearing with the Planning and Zoning Board for a Project Development Plan item can occur after Council approves an annexation petition (July). 9.4 Packet Pg. 162 Attachment: Neighborhood Meeting Sumary, March 22, 2018 (6822 : Aweida Annexation) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 5 Other citizen Comments:  One neighbor verbally opposing any changes to multi-family zoning. Keep it residential as-is.  One neighbor stated interest in future LMN zoning for their property. 9.4 Packet Pg. 163 Attachment: Neighborhood Meeting Sumary, March 22, 2018 (6822 : Aweida Annexation) -1- RESOLUTION 2018-055 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE AWEIDA ANNEXATION WHEREAS, pursuant to Resolution 2018-036, annexation proceedings were initiated by the City Council for property to be known as the Aweida Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on June 5, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 164 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 165 -1- ORDINANCE NO. 073, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE AWEIDA ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-036, finding substantial compliance and initiating annexation proceedings for the Aweida Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-055 setting forth findings of fact and determinations regarding the Aweida Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Aweida Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2018-036 and Resolution 2018-055 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 33 as bearing South 00°06'18" East and with all bearings contained herein relative thereto: BEGINNING at the East Quarter corner of said Section 33; thence along the East line of the Southeast Quarter of said Section 33, said line also being the West line of the Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book 1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet; thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right of way line of South Taft Hill Road; thence along the South line of a parcel of land recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33" West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'50" East, 131.75 feet; thence departing said line, North 00°15’33” West, 59.96 feet to a point on the South line of a parcel of land recorded at Reception No. 20070027078 Larimer County Clerk and Recorder; thence along said line, North 89°44’26” East, 98.37 feet to the Southwest corner of a parcel of land recorded at Reception No. 20060042003 Packet Pg. 166 -2- Larimer County Clerk and Recorder; thence along said parcel the following four (4) courses and distances, North 00°08’23” East, 20.00 feet; thence, North 89°44’27” East, 20.00 feet; thence, North 00°00’00” East, 10.00 feet; thence, North 89°44’29” East, 15.02 feet to a point on the West right of way line of South Taft Hill road; thence departing said line, South 89°51’37” East, 50.00 feet to point on the East line of the Northeast Quarter of Section 33; thence, South 00°08’23” West, 59.65 feet to the Point of Beginning. The above described tract of land contains 37,537 square feet or 0.862 acres, more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Aweida Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 167 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to Zoning the Aweida Annexation. EXECUTIVE SUMMARY A. Resolution 2018-056 Amending the City’s Structure Plan Map. This Ordinance is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. B. Public Hearing and First Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. The purpose of this item is to zone the property included in the Aweida Annexation into the Low Density Mixed- Use Neighborhood zone district. A Council amendment of the City Structure Plan Map is necessary to allow for the Aweida Annexation to be zoned L-M-N. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION The Aweida Annexation includes one vacant parcel owned by Aweida Properties, Inc., and right-of-way owned by Larimer County. The right-of-way for a portion of S. Taft Hill Road and W CR 38 E is included in the annexation to provide continuity of service for the City of Fort Collins. The surrounding land uses and zoning are as follows: Direction Existing Land Use Zone District North Commercial (County) Commercial (County) South Residential (County) R Rural Estate (County) East Residential Low Density Mixed-Use Neighborhoods West Residential (County) R Rural Estate (County) The requested zoning for this annexation is L-M-N. The City Structure Plan Map, an element of City Plan, currently classifies the Aweida Annexation as Urban-Estate which corresponds to the Urban Estate (UE) zoning upon annexation. A Council amendment of the City Structure Plan Map is necessary to allow for the 10 Packet Pg. 168 Agenda Item 10 Item # 10 Page 2 Aweida Annexation to be zoned L-M-N. The resolution to amend the map is included at first reading of the annexation and zoning ordinances. The request to amend the City Structure Plan Map, an element of City Plan and referred to as the Plan Amendment, is needed to re-designate approximately 0.862 acres of land from Urban Estate (U-E) to Low Density Mixed-Use Neighborhood (L-M-N). Future development in the U-E zoning requires a minimum ½ acre lot. The Aweida parcel is 0.44 acres, less than the ½ acre minimum. The proposed L-M-N designated land is necessary to accommodate a proposed project that is consistent with City policies related to mixed-use development, is consistent with adjacent L-M-N zoning near a neighborhood center, and facilitates the coordination of public street infrastructure improvements. The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. The proposed amendment to the City Structure Plan Map is limited to a single element of City Plan and, therefore, constitutes a Minor Amendment. The property is bordered by existing single-family homes to the south and west, the existing JJ’s commercial center to the north, and existing L-M-N zoned neighborhood to the east. This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Staff recommends that the subject property be included in the Residential Neighborhood Sign District which was established for the purpose of regulating signs for non-residential uses in areas of the community where the predominant character of the neighborhood is residential. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 4-0 (the Board Chair recused himself) to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the Low Density Mixed-Use Neighborhoods (L-M-N) zone district. This unanimous action was taken as part of the Board’s consent agenda, therefore, there are no minutes. PUBLIC OUTREACH A neighborhood meeting was held on March 22, 2018, that was attended by six residents from the notification area. Staff received mixed feedback from participants either in support for the annexation and future development project, concerns of potential impacts of the future development project, and the potential for a future annexation that includes a larger area. ATTACHMENTS 1. Vicinity map (PDF) 2. Zoning map (PDF) 3. Structure Plan map (PDF) 4. Neighborhood Meeting Summary (PDF) 10 Packet Pg. 169 S Taft Hill Rd W County Road 38e W H armony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View Ln M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr T rowbri d ge Dr Mustang Ln Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS 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 thereon. S Taft Hill Rd W County Road 38e W H a rmony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View L n M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr Trowbr i dge Dr Mustang Ln RL LMN Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS S Taft Hill Rd W County Road 38e W H armony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View Ln M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr T rowbri d ge Dr Mustang Ln Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS 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 thereon. Aweida Annexation/Conceptual Plans Neighborhood Meeting Summary (3/28/2018) Overview Neighborhood Meeting Date: March 22, 2018 Applicants: Dana Lockwood, Lockwood Architects Courtney Lockwood, Lockwood Architects Dan Aweida, Owner/Developer City Staff in Attendance: Pete Wray, Senior City Planner Sylvia Tatman-Burrus, Development Review Liaison Anna Simpkins, Planning Technician Martina Wilkinson, Assistant City Traffic Engineer Tim Tuttle, Civil Engineer II Proposed Project  The purpose of the neighborhood meeting is to share the developer’s proposal for annexation and zoning, conceptual plans for future project, and for staff to document comments received from attendees to be shared with Decision maker as part of record.  A formal Project Development Plan (PDP) application has not been submitted so this is early in the development review process.  This property is currently located outside of City limits and this first step involves annexation and zoning.  City Council acts as the decision-maker for the annexation, plan amendment, and zoning.  This is a Type II Review, based on mixed-use dwelling and non-residential space in building. If approved, and Planning and Zoning Board would act as the decision-maker for the proposed development.  Neighbors will be notified in advance of the hearing held by the Planning and Zoning Board, and posted notice for a City Council Hearing.  Along with annexation the applicant is also sharing conceptual project development information ahead of a formal application. The proposed building is a 2-story, mixed-use dwelling with 4 units and 1000 square feet of office space.  14 parking spaces are proposed at the interior of the site.  A right-in, right-out access drive is proposed on CR38E and a right-in only on S. Taft Hill Rd.  A Structure Plan Amendment is proposed to zone the parcel Low-Density Mixed-Use (LMN) instead of Urban Estate (UE).  The applicant is Lockwood Architects, architect and landscape architect for the project.  The proposed non-residential space in building intended for professional office. Community Development and Neighborhood Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview ATTACHMENT 4 10.4 Packet Pg. 173 Attachment: Neighborhood Meeting Summary (6823 : Aweida Zoning) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 2  In the LMN zoning, the list of permitted uses for non-residential is limited if outside of a neighborhood center. The Code requires a separation distance of ¾ mile between neighborhood centers that include a retail store or convenience store with fuel sales uses. Since the JJ’s center is near this property, a neighborhood center is not proposed for this location.  Landscaping will be all ‘xeriscaping’ with no sod on site.  Proposal required right-of-way dedication to improve traffic function and safety at intersection.  The mixed-use building includes 4 proposed dwelling units: 2 two-bedroom and 2-three bedroom (10 total bedrooms). Questions/Comments and Answers Traffic/Roads  Will there be road improvements at the S Taft Hill Rd and County Road 38E intersection? The architect explained there will be a right-in, right-out driveway on the north side of the property along CR 38E and there will be a right-in only turn on the east side of the property along S Taft Hill Rd. They are required to dedicate approximately 12 feet of right-of way to the City for additional intersection improvements based on the roadway classification. Traffic Engineer Martina Wilkinson explained that the City is also in early conversations with Larimer County about improvements along S Taft Hill Rd between CR 38E and Horsetooth Rd. Traffic Engineering has also identified unusual traffic patterns at this intersection due to commuter traffic and vehicle traveling to and from Horsetooth Reservoir. Unique signal timing has been implements to try and address some of these irregularities.  How much traffic comes through this intersection daily? Traffic Engineer Martina Wilkinson explained that there are about 22,000 trips on S Taft Hill Rd north of Harmony Rd daily. This volume is where they begin discussions about widening. The proposal would not be responsible for all intersection improvements but would contribute.  How much additional traffic will this project generate? The applicant explained that they are not required to do a traffic study due to the small scale of the project. Traffic Engineer Martina Wilkinson explained that when they evaluate a 4-unit building they expect 3-4 trips per hour at peak traffic times, approximately 1 car every 15 minutes. The City cannot legally require one project to fix all deficiencies, but rather mitigate for their impact. This project could potentially contribute a right turn lane and frontage (curb and gutter) improvements along this lot.  What can be done at the intersection to improve mobility and the turning radius for large vehicles and vehicles with trailers? Traffic Engineer Martina Wilkinson explained that they are aware with turning radius issues at this corner and if this proposal necessitated adding a right turn lane from CR38 E onto S Taft Hill Rd then they would also be able to relocate signal poles which is one of the current constraints. 10.4 Packet Pg. 174 Attachment: Neighborhood Meeting Summary (6823 : Aweida Zoning) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 3 Annexation  Is the property moved to City utilities when it is annexed? City Planner Pete Wray explained that electric service will switch from the current provider to Fort Collins Light and Power. A property can keep an existing septic system if it is adequate; future sanitation service provided by the City. Water services provided by the Fort Collins- Loveland Water District.  The County said they would never let this property go commercial, is the City trying to annex this parcel to make it commercial? City Planner Pete Wray explained that the annexation is spurred by the proposed development. The City and County have an agreement that if a development is proposed on a property that is contiguous with City limits and within the set Growth Management Area (GMA) then is will be annexed prior to development, as is the case with this parcel. The existing County zoning for this property is R1 Residential. The County zoning across W CR 38 E at the JJ’s Center is commercial. The City is not proposing to change zoning to Commercial for this location. The City Structure Plan has this quadrant of the intersection indicated as Urban Estate (UE) Land Use designation. As part of this annexation a plan amendment is proposed to change the land use from UE to Low Density Mixed-Use Neighborhood (LMN). This change is consistent with the LMN zoning to the east across S. Taft Hill Road, and to the north across W CR 38 E for future designation. Staff supports this change in part because building a single-family house in the UE zoning for this corner is challenging after street infrastructure improvements are implemented, further reducing the lot size. During the City Plan update process currently underway, if other property owners also desire a plan amendment to LMN, staff may consider a larger Structure Plan map change. However, to clarify that potential option is not part if this application for annexation. City Council would have to approve any Structure Plan amendments and annexation. The structure plan is available online: https://www.fcgov.com/planning/pdf/structure-plan.pdf  If the lot is annexed, are other property owners forced into the City? City Planner Pete Wray explained that properties come into City limits by one of two ways; voluntary annexation with development or involuntary annexation as a result of an enclave. This property is eligible for voluntary annexation because it meets the annexation criteria for being adjacent to existing City Limits and within the Growth Management Area (GMA). Enclaves are created when a parcel or parcels within the County are surrounded by City limits. If an enclave is established, City Council can consider forced annexation after a three-year period. Annexing this property into the City would not force others to do so now.  Do our taxes change if this property is annexed? City Planner Pete Wray explained that taxes for the property that is annexed would be based on the latest County Assessor’s information.  If an adjacent 2-acre lot annexed and they wanted LMN zoning, they could build 18 units [9 per acre]? 10.4 Packet Pg. 175 Attachment: Neighborhood Meeting Summary (6823 : Aweida Zoning) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 4 City Planner Pete Wray explained that City Council would have to support the annexation and support any proposed change to the City Structure Plan. If this was supported, then yes, the maximum density in the LMN zone is 9 dwelling units per acre. But like this property, other design factors may reduce density such as street access, setbacks, parking and drainage requirements. Any future annexations and development proposals are not part of this proposal. The City is currently updating our comprehensive plan, City Plan, which will be looking at some of these areas where amendments to the structure plan may make sense. Residents and neighbors are encouraged to get involved in the City Plan process to have concerns heard with stakeholder groups and public events over the next 18 months. Please see the City Plan website for additional information on ways to get involved: https://ourcity.fcgov.com/cityplan Miscellaneous  Why do you [the applicant] not think this property is suitable for a single-family house? The applicant explained that this was his opinion, and although there was a single-family house on the lot for 100+ years, the area has changed and developed to the point where there is enough traffic that this site is not appealing for a single-family home. The UE zoning requires a minimum half acre lots, with the existing lot size of .44 acres. Additional Right of Way, setbacks and site drainage may further reduce lot size.  What is our role in the rest of this process? Can we vote on proposed zoning? Where do our comments go? City Planner Pete Wray explained that all comments from the meeting would be put in the official record and provided to the decision maker. Any other communication received (email, phone, etc.) will also be entered into the record. All hearings with these decision-makers are also public and citizens can attend and make additional comments. Neighbors will be provided mailed notice prior to the Planning and Zoning Board hearing. City Council Hearings include posted notice. Development Review Liaison Sylvia Tatman-Burrus encouraged those at the meeting to contact her as well and to share hearing notices with neighbors who may be interested but outside of the notification area. City Planner Pete Wray explained that, although not a Land Use Code requirement, this proposal could have another neighborhood meeting if the design changes significantly and it would benefit neighbors and the applicant see and receive additional feedback prior to moving to a decision-maker.  What is the timeline for this project? City Planner Pete Wray explained that this project will go to a preliminary City Council hearing in April at which time they will determine a schedule as part of an initiating resolution. The Planning and Zoning Board Hearing is tentatively scheduled for May, to forward a recommendation to City Council on the annexation, plan amendment and zoning. The first reading is anticipated at a June City Council meeting and the second reading is expected in July. A hearing with the Planning and Zoning Board for a Project Development Plan item can occur after Council approves an annexation petition (July). 10.4 Packet Pg. 176 Attachment: Neighborhood Meeting Summary (6823 : Aweida Zoning) Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 5 Other citizen Comments:  One neighbor verbally opposing any changes to multi-family zoning. Keep it residential as-is.  One neighbor stated interest in future LMN zoning for their property. 10.4 Packet Pg. 177 Attachment: Neighborhood Meeting Summary (6823 : Aweida Zoning) -1- RESOLUTION 2018-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY’S STRUCTURE PLAN MAP WHEREAS, the City has received an application to annex and zone certain property (the “Aweida Annexation”) 0.862 acres in size and located at the southwest corner of S. Taft Hill Road and W CR 38 E; and WHEREAS, the City Structure Plan Map currently classifies the Aweida Annexation as eligible for placement into the Urban Estate District upon annexation; and WHEREAS, the Aweida Annexation petition requests annexed property be zoned as Low Density Mixed-Use Neighborhood District (“L-M-N”); and WHEREAS, the City Council finds that the proposed change to the City Structure Plan Map is consistent with the Principles and Policies of the City’s Comprehensive Plan as well as the Key Principles of the City’s Structure Plan; and WHEREAS, accordingly, the City Council has determined that the proposed change to the City Structure Plan Map is in the best interests of the citizens of the City; and WHEREAS, the City Council has further determined that the City’s Structure Plan Map should be amended as shown on Exhibit "A" attached hereto, so that the proposed rezoning will comport with the City’s Comprehensive Plan in its entirety, including the City’s Structure Plan Map. 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 finds that the existing City Plan Structure Plan Map is in need of the amendment requested by the applicant for the Aweida Annexation. Section 3. That the City Council finds that the proposed amendment promotes the public welfare and is consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 4. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit “A” attached hereto and incorporated herein by this reference. Packet Pg. 178 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 179 Weld County Larimer County TLearkrey Cobb Lake Reservoir Timnath Fossil ReseCrvroeierk Trilby H o r s e t o o t h R e s e r v o i r Cache La Poudre River Shields Taft Hill College Overland Trail Mulberry Prospect Drake Horsetooth Timberline Harmony Vine 25 Lemay 287 287 Willox Mountain Vista Ziegler Douglas CR 52 Carpenter Country Club SH 392 LindLeankmeeier Pond Long RWeisnedrsvoorir SH 1 CR 56 SH 14 CR 5 CR 38E 25 CR 54G CR 58 CR 30 CR 3 WCR 1 CR 23 Cache La Poudre River Loveland Windsor Timnath Horsetooth Mountain Park State Lory Park Foothills CSU Campus GMA Expansion Area La Porte Wellington Bellvue -1- ORDINANCE NO. 074, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE AWEIDA ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on May 17, 2018, on a 4-0 vote (the Board Chair recused himself) recommended zoning the property to be known as the Aweida Annexation (the “Property”) as Low Density Mixed-Use Neighborhood as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, in Resolution 2018-056, the City Council amended the City Structure Plan Map to designate the Property as Low Density Mixed-Use Neighborhood; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan and is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended Packet Pg. 181 -2- by including the Property in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 33 as bearing South 00°06'18" East and with all bearings contained herein relative thereto: BEGINNING at the East Quarter corner of said Section 33; thence along the East line of the Southeast Quarter of said Section 33, said line also being the West line of the Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book 1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet; thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right of way line of South Taft Hill Road; thence along the South line of a parcel of land recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33" West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'50" East, 131.75 feet; thence departing said line, North 00°15’33” West, 59.96 feet to a point on the South line of a parcel of land recorded at Reception No. 20070027078 Larimer County Clerk and Recorder; thence along said line, North 89°44’26” East, 98.37 feet to the Southwest corner of a parcel of land recorded at Reception No. 20060042003 Larimer County Clerk and Recorder; thence along said parcel the following four (4) courses and distances, North 00°08’23” East, 20.00 feet; thence, North 89°44’27” East, 20.00 feet; thence, North 00°00’00” East, 10.00 feet; thence, North 89°44’29” East, 15.02 feet to a point on the West right of way line of South Taft Hill road; thence departing said line, South 89°51’37” East, 50.00 feet to point on the East line of the Northeast Quarter of Section 33; thence, South 00°08’23” West, 59.65 feet to the Point of Beginning. The above described tract of land contains 37,537 square feet or 0.862 acres, more or less. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: Packet Pg. 182 -3- _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 183 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the East Gateway Annexation. EXECUTIVE SUMMARY A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins has received a written petition requesting annexation of three properties known collectively as the East Gateway Annexation. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on the north and south perimeter with the following annexations: 1. Kirschner Annexation, December 1993 2. Peterson Annexation, July 2006 3. Interchange Business Park Third Annexation, 2005 11 Packet Pg. 184 Agenda Item 11 Item # 11 Page 2 4. Interchange Business Park Second Annexation, 2005 As a result, there is 16.71% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications The annexation will create the East Mulberry Enclave which closely coincides with the East Mulberry Corridor Plan boundary adopted in 2002 (updated in 2003). The Plan was developed after a two-year joint planning effort between Larimer County and the City of Fort Collins. Though an enclave will be created after annexation of the subject properties, Colorado Revised Statutes require municipalities to wait three years until annexation can be initiated without property owner consent. Based on the anticipated schedule of the East Gateway Annexation, a future City Council could consider annexation of the East Mulberry Enclave as soon as July 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 1.77-acre annexation. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the properties be placed into the General Commercial (C- G), Low Density Mixed Use Neighborhood (L-M-N) and Industrial (I) zone districts. (Attachment 4) PUBLIC OUTREACH Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty- five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty-four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals attended the two events but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; 3. The annexation will likely occur in phases over an extended period; and 4. A fiscal impact assessment will be conducted in 2019-2020. Additional information about the questionnaire results, community comments, and material presented at the open house meeting can be seen in Attachment 3. All required mailings and postings per Section 2.12 (Annexation of Land) of the Land Use Code have been followed. 11 Packet Pg. 185 Agenda Item 11 Item # 11 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Petition and Map (PDF) 3. EastGate Way Attachment 3 (PDF) 11 Packet Pg. 186 E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _____________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ________________________________ (_____) acres, is more particularly described on Attachment “A,” attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________________________________________________________________ Zone District pursuant to the Land Use Code of the City of Fort Collins. ATTACHMENT 2 11.2 Packet Pg. 188 Attachment: Annexation Petition and Map (6824 : East Gateway Annexation) 11.2 Packet Pg. 189 Attachment: Annexation Petition and Map (6824 : East Gateway Annexation) A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. ------------------------------------------------------------------------------------------------------------------------------- I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\East Gateway Annexation\ Legals\E Gateway Annex Lgl.doc ATTACHMENT "A" 11.2 Packet Pg. 190 Attachment: Annexation Petition and Map (6824 : East Gateway Annexation) Packet Pg. 191 Attachment: Annexation Petition and Map (6824 : East Gateway Annexation) Packet Pg. 192 Attachment: Annexation Petition and Map (6824 : East Gateway Annexation) 11.2 Packet Pg. 193 Attachment: Annexation Petition and Map (6824 : East Gateway Annexation) Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax DATE: May 9, 2018 TO: Darin Atteberry, City Manager FROM: Cameron Gloss, Planning Manager THRU: Tom Leeson: Community Development & Neighborhood Services Director Laurie Kadrich, Planning, Development & Transportation Services Director Jeff Mihelich, Deputy City Manager RE: East Mulberry Corridor Enclave Open House Summary Background In advance of the initiating resolution for the East Gateway Annexation, which creates the East Mulberry Enclave, the City Council requested that staff engage the affected community in a dialogue about a potential enclave annexation that a future City Council may consider as early as July 2021. East Mulberry Open House Events Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals were in attendance at the two events, but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; ATTACHMENT 3 11.3 Packet Pg. 194 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 2 3. The annexation will likely occur in phases over an extended period. 4. A fiscal impact assessment will be conducted in 2019-2020. Questionnaire Results To better understand possible changes in the public’s perception of the East Mulberry Corridor area over time, the same questionnaire was issued at the open houses as that distributed 17 years ago during the East Mulberry Corridor planning process. Comparing and contrasting the questionnaire summary graphs from these two periods (see comparison on the following two pages) appears to indicate some changes in the community’s perceptions and the priorities for public and private investment in the future. When comparing the question about the degree of satisfaction with existing conditions, there was an increased level of dissatisfaction within most categories reviewed. The biggest drops in satisfaction included: x personal safety/security x traffic congestion x bicycle and pedestrian safety x storm drainage x grocery store and retail availability, and x the appearance of buildings, landscaping and signs. With respect to future opportunities, respondents expressed greater interest in: x improvements to bicycle and pedestrian facilities x street improvements x more wildlife/natural areas x improving traffic flow x improvement in overall appearance x provision of a supermarket x increased police service, and x storm drainage improvements Arguably, the sample size of the most recent questionnaire is smaller, but it may still provide a general sense of the community’s perception of the challenges and opportunities within the East Mulberry Corridor. List of Attachments A. Questionnaire Summary and Citizen Comments B. East Mulberry Chronology display C. Frequently Asked Questions handout D. East Mulberry Corridor Framework Plan Map 11.3 Packet Pg. 195 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 3 2001- Are you satisfied with conditions in the Corridor now? 2018 - Are you satisfied with conditions in the Corridor now? 0% 20% 40% 60% 80% 100% Convenience Store Availability Outdoor Storage Appearance Wildlife / Natural Areas Protection Snow Removal / Street Sweeping Public Transit Availability Retail Shopping Availability Storm Drainage Recreation Availability Personal Safety / Security Grocery Store Availability Signage Appearance Bldg. / Landscaping Appearance Traffic Flow Street Conditions Pedestrian Bicycle Safety Very Satisfied Satisfied Dissatisfied Very Dissatisfied No Opinion 11.3 Packet Pg. 196 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 4 2001 - What potential opportunities for change in the Corridor are most important? 2018 - What potential opportunities for change in the Corridor are most important? 0% 20% 40% 60% 80% 100% New Pedestrian and Bike Lanes Improve Streets More Wildlife / Natural Areas Improving Traffic Flow Better Overall Appearance Increase Police Services Expand Public Transit Improve Snow Removal / Sweeping Better Storm Drainage More Small Businesses New Supermarket More Public Facilities More Retail Shopping More Employers More Housing More Convenient Stores More Travel Related Businesses More Industrial / Storage Areas Very Important Important Not Important No Opinion 11.3 Packet Pg. 197 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 5 What are the top five issues related to current conditions? x Traffic flow x pedestrian usage x business accessibility x no grocery storage (need badly) x lacking sufficient public transit x problematic road conditions due to drainage x intersections that are a mess and dysfunctional x too much traffic during peak times x no turn lanes at Greenfield to turn left x stoplight at summit view and mulberry is confusing x don’t want higher taxes x don't think there will be a change in vagrancy x will be too long for positive changes to be made x traffic flow from this area to south - Prospect/Mulberry accessibility to make turns off Prospect and Mulberry x Sleazy hotels on north side of Mulberry x Lighting - darkest major street in Fort Collins x E. Locust street never maintained until construction started on Mulberry x bldg. / landscaping appearance x street conditions x storm drainage x snow removal x improved road network - access, conditions x high criminal activity - hotel areas x lack of restaurants x Lighting - darkest major street in Fort Collins x sidewalks - pedestrian areas x access road is incomplete and difficult to access (Frontage Road) x closest grocery store is on Lemay x no bicycle lanes x signage @ frontage roads horrific - no one see the "no turn on red" signs and can be very dangerous x neighborhood streets are horrific - esp. Riverbend Dr. x traffic flow with frontage roads is haphazard, can be dangerous x pedestrian bicycle safety x road conditions x wildlife / natural areas x personal safety / security x grocery store x medians suck aesthetically x safety x street conditions x traffic flow x pedestrian access 11.3 Packet Pg. 198 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 6 x homeless population x stop at summit view x Adequate intersection traffic flow both Mulberry and Greenfields and Prospect and Summit View x traffic lights on Mulberry and Greenfields x Dangerous, no right of way especially turning left to west or north frontage turning east (many people doing U-turns at intersection) x Road Repair - no money, county not stepping up - especially on Locust Street where old HOA still in effect - no one has money within HOA area to make road repairs - that is a joke that the HOA a poor excuse. x Need pedestrian walkways x Street conditions are poor x Traffic is poor and gets backed up x there are no natural areas x There is no retail shopping but 1 new one x Convenience store availability x Recreation availability x traffic flow x Personal safety x Grocery availability x Road conditions x Road drainage; snow removal x Shoddy appearance of businesses along Mulberry x Security and law enforcement response time x Concern with appearance of the low rate hotels and their clients x street appearance x code enforcement x Prospect - Summit View intersection x Costs of Boxelder sanitation x Bike / walk / trail lanes x No common requirements for appearance What are the top five potential opportunities for change? x safer walkways / bicycle lanes - many people walking due to hotels x set standards for hotels - landscaping included x street lights - need right of way - a free for all right now x road repair in community, i.e. sunrise acres x community parks and sidewalks and trails x improved law enforcement x street lighting x storm drainage x improved roads / traffic flow x better overall gateway to Fort Collins x Change aesthetic for visitors to Fort Collins. If you come into town it looks like a dump until Riverside. x Options for PWR, H2O, rebates x Improving safety of roadways, better traffic flow x More businesses, especially grocery store 11.3 Packet Pg. 199 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 7 x improving neighborhood roads x by having city police services, allows sheriff dept. to improve coverage of more rural / mountain areas x road network improvements x reduced vagrant activity - criminal activity x better restaurants x increased lighting x cleaner areas x better streets x storm sewer x public transit x need a city park in this area x forcing hotel clean up and vagrants - hopefully lighting will change that x safety x no change x less traffic jams x affordable housing x accessible streets and sidewalks x public transit x better drainage and street maintenance x improve interchanges (intersections) x Need pedestrian walkways Appearance x Main corridor for CSU and Old Town x Improved roads x Improved traffic flow x Improved appearance of businesses through landscaping x Improved security for residents and businesses x Improved snow removal x Better overall appearance x Better storm drainage x Improved streets x Improved traffic flow x More wildlife / natural areas What's your vision for the East Mulberry Corridor over the next 20 years? x less low-class hotels x better exit lanes off I-25 to Mulberry and Prospect x additional lanes on Mulberry x Figure infrastructure out before adding housing x nice traffic flow x quit taking wildlife and nature areas x Premier entrance to Fort Collins x Brought to a nice standard but the city of Fort Collins is terrible to develop with. Have standards but calm down on some of the BS. x more services available to neighborhoods i.e.. Groceries, small businesses x a gateway into Fort Collins that is as appealing as the city itself 11.3 Packet Pg. 200 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 8 x East Mulberry is the gateway to Old Town, the jewel of the city. Mulberry to College Ave should be a "wow" experience, leading to Old Town. The beauty of the new bridge on Mulberry, west of Lemay, should be carried all the way to I-25. x similar to Harmony x better welcome corridor for visitors x another harmony road x to stay the same x not sure, worried in general about proposed population growth of area and how horrible traffic will be x improved appearance coming into city x traffic congestion eased x multi-use with creative integration of people and wildlife x new and creative mix of residential and small market gardens and low-density livestock x MAX style transit connecting I-25 and downtown transit center Should look more like Harmony Road x Should look more like Harmony Road x More attractive landscaping and businesses x Better regulation of types of businesses x Increased police patrol x Nice mid-price range restaurants x Supermarket at east end of Mulberry x A well-planned, balanced corridor that would give Fort Collins high mark as a city to live in x Become more user friendly: shopping, services provided by the city, better roads and traffic flow. x Better public transportation 11.3 Packet Pg. 201 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Page 9 11.3 Packet Pg. 202 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Annexation FAQ 1 1. Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. 2. What is an Enclave? What is an enclave? An enclave is a property, or group of properties, that are located in unincorporated Larimer County but, due to urban growth and development over time, are now surrounded by the City of Fort Collins municipal boundary. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexation phases totaling 1,603 acres (2.7 square miles) annexed into the City between 2006 and 2013. Five enclaves were annexed into the City of Fort Collins in 2015 - 2018. 3. Zoning and Land Use What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in. However, if the nonconforming use is discontinued for 12 consecutive months, the nonconforming use is then considered “abandoned” and will not be able to continue. 11.3 Packet Pg. 203 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Annexation FAQ 2 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt certain private covenants related to resource conservation, as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 4. Utility Services Why make us a pay an electric surcharge when we the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the REA 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. At this time, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. 11.3 Packet Pg. 204 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Annexation FAQ 3 What is the Stormwater Fee: Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on: What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and you are within 400 feet of the municipal sewer system you will be required to connect to the sewer system. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by ELCO Water District and Boxelder Sanitation District (if not currently on septic). 1 An additional 25% REA adder will be applied to the kWh rate once calculated at the end of a billing cycle and will not be applied towards the monthly fixed charge. Monthly Residential Electric Rates1 Summer (Jun-Aug) Non-Summer (Sept-May) Poudre Valley REA Fixed Charge, per month $6.14 $6.14 $24.50 Usage Charge, per kWh $.0.09396 First 500 kWh, per kWh $0.09434 $0.08893 Next 500 kWh, per kWh $0.11268 $0.09339 All additional kWh $0.14904 $0.10335 11.3 Packet Pg. 205 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Annexation FAQ 4 5. Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. ELCO Water District No, sales tax is not assessed to the ELCO Water District. Boxelder Sanitation District No, sales tax is not assessed to the Boxelder Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 11.3 Packet Pg. 206 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Annexation FAQ 5 What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2015: State of Colorado 2.9% Larimer County 0.65% Total Sales Tax (Larimer County) 3.55% City of Fort Collins 3.85% 3.85% Tax includes x 2.25% Base Rate x .25% Community Capital Improvement Program (Expires 2025) x .25% Street Maintenance (Expires 2025) x .25% Open Space (Expires 2030). x .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.40% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Jennifer Poznanovic, jpoznanovic@fcgov.com 11.3 Packet Pg. 207 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) Annexation FAQ 6 6. Other Commonly Asked Questions Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? x Faster police response time x Voting for a Mayor and Council Member (District 3) x Less Expensive Electric Rates x Urban level services x Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://clients.comcate.com/newrequest.php?id=150 you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. 11.3 Packet Pg. 208 Attachment: EastGate Way Attachment 3 (6824 : East Gateway Annexation) -1- RESOLUTION 2018-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST GATEWAY ANNEXATION WHEREAS, pursuant to Resolution 2018-041, annexation proceedings were initiated by the City Council for property to be known as the East Gateway Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on June 5, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 210 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 211 -1- ORDINANCE NO. 075, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-041 finding substantial compliance and initiating annexation proceedings for the East Gateway Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-057 setting forth findings of fact and determinations regarding the East Gateway Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the East Gateway Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2018-041 and Resolution 2018-057 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; Packet Pg. 212 -2- THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East Gateway Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service Packet Pg. 213 -3- lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 214 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I), which conforms to the larger surrounding area. Context The surrounding zoning and land uses are as follows: ZONING LAND USES N Industrial (I) and Urban Estate (U-E) Agriculture S General Commercial (C-G) Drive-thru restaurant, McDonald’s; Limited Indoor Recreation, The Edge Sports Center E County, M1 Multiple-Family and C Multiple Family Mobile Home Park, Cloverleaf Community W County, I Industrial and C Industrial Helicopter Repair and Parts Sales, Heli-One; Warehouse and Agriculture Zoning The proposed zoning for the subject annexation is a combination of General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. These districts are intended to be a setting for development, redevelopment and infill of a wide range of industrial, residential, community and regional retail uses, offices and personal and business services. However, because the restrictive size and shape of the annexation, future development is likely unfeasible on the annexed properties. Therefore, the recommended 12 Packet Pg. 215 Agenda Item 12 Item # 12 Page 2 zoning for this annexation is procedural and consistent with land use designations as prescribed by the City of Fort Collins Structure Plan Map. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the subject properties be placed into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. (Attachment 3) PUBLIC OUTREACH Given the surrounding context of the East Gateway annexation and the relatively small size of the properties, no public outreach in relation to the zoning was conducted. However, all required mailings and postings per Section 2.9 (Amending the Zoning Map) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) 12 Packet Pg. 216 E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir S u ncha s e Dr Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fro n tage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o -1- ORDINANCE NO, 076, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on May 17, 2018, unanimously recommended zoning the property to be known as the East Gateway Annexation (the “Property”) as more particularly described below, as General Commercial, Industrial, and Low Density Mixed-Use Neighborhood, and determined that the proposed zonings are consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zonings of the Property are consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zonings against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zonings to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zonings of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the General Commercial (“G-C”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED Packet Pg. 219 -2- AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 94.71 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 205.95 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY; THENCE ALONG SAID WESTERLY BOUNDARY, S00°37'38"W, A DISTANCE OF 71.79 FEET TO THE POINT OF BEGINNING. CONTAINING 6,948 SQUARE FEET (0.160 ACRES), MORE OR LESS Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Industrial (“I”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS Packet Pg. 220 -3- WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 94.71 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,525.64 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,025.62 FEET; THENCE S00°37'38"W, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 37,390 SQUARE FEET (0.858 ACRES), MORE OR LESS Section 4. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; Packet Pg. 221 -4- THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 5.23 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,575.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 18.38 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 32,624 SQUARE FEET (0.749 ACRES), MORE OR LESS Section 5. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is not included in the Residential Neighborhood Sign District. Section 6. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 222 -5- Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 223 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Jennifer Shanahan, Watershed Planner Jody Hurst, Legal SUBJECT Resolution 2018-058 Designating City-Owned Properties Along the Cache la Poudre River as an Important Bird Area. EXECUTIVE SUMMARY The purpose of this item is to designate City-owned properties within the Growth Management Area that adjoin the Cache la Poudre River as an Important Bird Area (IBA). An IBA is defined by the National Audubon Society as a site that provides essential habitat to one or more species of birds during some portion of the year. This designation conveys no legal authority over land ownership or its uses and management. This designation would support City educational initiatives aimed at increasing awareness and enjoyment of Poudre River bird habitat. It may also prove useful when seeking additional funding (i.e., grant applications) for habitat restoration projects. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION An Important Bird Area (IBA) is defined by the National Audubon Society as a site that provides essential habitat to one or more species of birds during some portion of the year (nesting areas, crucial migration stop- over sites, or wintering grounds). IBAs may be a few or even thousands of acres, but usually are discrete sites that stand out from the surrounding landscape. IBAs may include public or private lands, or both, and they may already have regulatory protection. The goals of the IBA Program are: to identify the most essential areas for birds, to monitor those sites for changes to birds and habitat, and to conserve these areas for long-term protection of biodiversity. IBAs have become long-term conservation priorities, and steps have been taken to protect many of them. In 1989, Important Bird Areas in Europe was published, cataloguing over 12,000 sites in over 32 countries. In the U.S., 46 states now have IBA programs and 53 sites have been identified in Colorado to date. By working with Audubon chapters, birders, landowners, public agencies, community groups, and other non-profits, Audubon endeavors to interest and activate supporters to ensure that all IBAs are conserved. It is important to note the designation of an area as an IBA conveys no legal authority over land ownership and/or uses. The Poudre Urban River Corridor IBA would include City-owned properties that adjoin the Cache la Poudre within the City’s Growth Management Area including natural areas, parks, and stormwater detention areas (Attachment 1). 13 Packet Pg. 224 Agenda Item 13 Item # 13 Page 2 The process to obtain this designation has been underway for some time. The Fort Collins Audubon Society (FCAS) chapter nominated the Fossil Creek Reservoir Natural Area as an IBA in 1999. FCAS then nominated the Poudre Urban River Corridor in 2007 as an Important Bird Area. Unfortunately, due to circumstances beyond its control, the Audubon Colorado state office was unable to act upon the nomination which has been in a state of limbo until recently. More recently, Alison Holloran, Executive Director of the Audubon Rockies regional office in Fort Collins and the Bird Conservancy of the Rockies have both reviewed and supported this nomination. Today habitat loss, fragmentation, and climate change are the most serious threats facing bird populations in America and around the world. By working to identify and implement conservation strategies at Important Bird Areas it is hoped to minimize the effects that habitat loss and degradation inflict on birds and other wildlife. If appropriate actions are not taken populations of many bird species will continue to decline to undesirable low levels. The Poudre River corridor provides riparian habitat that is relatively rare for the plains of eastern Colorado, and is essential for the many bird species that require such habitat for forage and nesting. The rarity of riparian habitats in eastern Colorado is exacerbated by loss of natural habitat to development. The FCAS Board believes that the City-owned properties in the Poudre River corridor provide habitat that contributes substantially to ornithology, bird conservation, and/or education. The Poudre River is the focus of many educational programs, field trips, and research activities in Fort Collins. Designation of these sites collectively as an IBA would help establish the importance the River’s natural values offers to Fort Collins residents and wildlife. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board, the Natural Resources Advisory Board, and the Water Board recommend approval of this designation (Attachments 2-4). Please note that these letters are dated 2014 because the dialog and process occurred over several phases, including discussion with the Boards in 2014. ATTACHMENTS 1. Land Conservation and Stewardship Board Recommendation (PDF) 2. Natural Resources Advisory Board Recommendation (PDF) 3. Water Board Recommendation (PDF) 13 Packet Pg. 225 MEMORANDUM FROM THE LAND CONSERVATION STEWARDSHIP BOARD DATE: May 15, 2014 TO: Mayor and City Council Members FROM: Trudy Haines, Chair, Land Conservation Stewardship Board SUBJECT: Poudre River Designation of Bird Habitat The Land Conservation Stewardship Board heard a presentation from Bill Miller, Fort Collins Audubon Society Chapter Director, and Alison Holloran, Executive Director, Audubon Rockies, regarding a proposal for the Poudre River Urban Corridor to be registered as an Important Bird Area (IBA) in Colorado, in recognition of critical riparian habitat the river provides for bird species. Attached you will find a detailed letter regarding the Important Bird Areas Program description and why the Poudre River Urban Corridor could benefit as an IBA. Based on the presentation and the accompanying letter, the following motion was proposed: The Land Conservation Stewardship Board moves to support the request of the Fort Collins Audubon Society and Audubon Rockies to recognize the Poudre River Urban Corridor as an Important Bird Area. The motion passed unanimously on a vote of 7-0 in favor. Please feel free to contact me regarding this recommendation. Respectfully Submitted, Trudy Haines Chair, Fort Collins Land Conservation Stewardship Board cc Bill Miller Alison Holloran ATTACHMENT 1 13.1 Packet Pg. 226 Attachment: Land Conservation and Stewardship Board Recommendation (6814 : Poudre River IBA) MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD DATE: April 18, 2014 TO: Mayor and City Council Members FROM: Joseph Piesman on behalf of the Natural Resources Advisory Board SUBJECT: Poudre River Designation of Bird Habitat The Natural Resources Advisory Board (NRAB) heard a presentation from Mr. Bill Miller, Fort Collins Audubon Society Director, regarding a proposal for the Poudre urban river corridor to be registered as an Important Bird Area (IBA) in Colorado, in recognition of critical riparian habitat the river provides for bird species. The following motion was proposed: The Natural Resources Advisory Board moves to support the request of the Fort Collins Audubon Society to recognize the Poudre River Urban Corridor as an Important Bird Area. The motion passed unanimously on a vote of 6-0 in favor. Please feel free to contact me regarding this recommendation. Respectfully Submitted, Joseph Piesman Chair, Natural Resources Advisory Board 691-6697 j.piesman@comcast.net cc: Darin Atteberry Susie Gordon Bill Miller ATTACHMENT 2 13.2 Packet Pg. 227 Attachment: Natural Resources Advisory Board Recommendation (6814 : Poudre River IBA) M E M O R A N D U M DATE: February 12, 2016 TO: Bill Miller (Fort Collins Audobon Society) Alison Holloran (Audobon Rockies) FROM: Steve Malers, Water Board Chairperson CC: Carol Webb (Fort Collins Utilities), Jon Haukaas (Fort Collins Utilities), Rebecca Hill (Fort Collins Water Board) RE: Designation of Cache la Poudre River Urban Corridor as an Important Bird Area (IBA) This memorandum recognizes the Fort Collins Water Board’s support of the Fort Collins Audobon Society application recognizing the Cache la Poudre River Urban Corridor as an Important Bird Area (IBA). This support was stated at the April 16, 2015 Water Board Meeting and can be reviewed in the minutes for that meeting. ATTACHMENT 3 13.3 Packet Pg. 228 Attachment: Water Board Recommendation (6814 : Poudre River IBA) -1- RESOLUTION 2018-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING CITY-OWNED PROPERTIES ALONG THE CACHE LA POUDRE RIVER AS AN IMPORTANT BIRD AREA WHEREAS, the City is the owner of certain properties along the Cache la Poudre River, shown on Exhibit “A” attached hereto (the “Properties”), that provide essential habitat for one or more species of birds; and WHEREAS, the National Audubon Society defines sites like these Important Bird Areas (IBAs); and WHEREAS, the goals of an IBA program are to identify the most essential areas for birds, monitor those sites for changes to birds or habitat, and to conserve the areas for long-term protection of biodiversity; and WHEREAS, the Land Conservation and Stewardship Board, the Natural Resources Advisory Board, and the Water Board all recommended adopting this designation; and WHEREAS, the Fort Collins Audubon Society believes it is important to designate these properties as an IBA because they provide habitat that contributes substantially to ornithology, bird conservation, and education; and WHEREAS, although designating these sites as Important Bird Areas does not confer any legal authority over land ownership or uses, it would support educational initiatives aimed at increasing awareness and enjoyment of Poudre River bird habitat and could prove useful when seeking additional funding for habitat restoration projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that all City-owned properties within the Growth Management Area adjacent to the Cache la Poudre River as shown on Exhibit “A” are hereby established as an Important Bird Area. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 229 S h e l d o n L a k e Lake S herwood L i n d e n m e i e r L a k e W a r r e n L a k e a P o u d r e R i v e r R i g d e n R e s e r v o i r Lee Martinez Community Park Soft Gold Park Legacy Park Old Fort Collins Heritage Park Buckingham Park Running Deer Natural Area Arapaho Bend Natural Area Riverbend Ponds Natural Area Kingfisher Point Natural Area Cattail Chorus Natural Area Cottonwood Hollow Natural Area Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2018-059 Appointing Christine Pardee to the Planning and Zoning Board of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint Christine Pardee to fill a vacancy on the Planning and Zoning Board due to the resignation of Emily Heinz, whose term was set to expire on December 31, 2021. In December 2017, Mayor Troxell, and Councilmember Ray Martinez interviewed applicants solicited in the fall of 2017 and identified Ms. Pardee as an alternate if a vacancy arose during the year. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Christine Pardee to the Planning and Zoning Board to fill a vacancy from the resignation of Emily Heinz. The term will begin immediately on June 5, 2018, with an expiration date of December 31, 2020. ATTACHMENTS 1. Application (PDF) 14 Packet Pg. 231 APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Board or Commission: Planning and Zoning Board Name: Christine Pardee Mailing Address: Zip: Residence: Zip: Home Phone: Work Phone: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 1 Current Occupation: Consultant Employer:Pardee Associates Recent and/or relevant work experience (please include dates) October 2005 – present Business and community development for government, non profits and the private sector. Recent and/or relevant volunteer experience (please include dates) Please see Attachment B - Boards and Commissions Please see Attachment B - Boards and Commissions Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I bring extensive experience as a former P&Z Commissioner and APA member. The Plan and Zoning Commission has a great ability to positively impact the future growth of Fort Collins. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I've attended P&Z meetings in person and watched them online. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Former Plan and Zoning Commissioner - 6 years City of Des Moines, IAMember of the American Planning Association as a Commiss memberFormer owner of custom design / build companyFormer neighborhood association president Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area 14.1 Packet Pg. 232 Attachment: Application (6811 : P&Z appt) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Age-friendly development - The board needs to be well versed and knowledgeable of what age-friendly development is and what future needs in FoCo will be. 2) Affordable housing developments - Always a challenging topic, more affordable housing is needed in FoCo. The board needs to understand this issue very well to make the best and wisest decisions that reflect how residents and businesses also feel about this need. 3) Use of zoning overlays and other land use planning techniques to address challenges and opportunities in Fort Collins. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: No conflicts of interest. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant I have extensive experience professionally as a Plan and Zoning Commissioner, a State Enterprise Zone Commissioner, and have worked in economic and community development for over two decades. Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Christine L. Pardee Date: Oct-15-2017 Internet/Social Media feed Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Optional: How did you learn of a vacancy on this board or commission: 14.1 Packet Pg. 233 Attachment: Application (6811 : P&Z appt) -1- RESOLUTION 2018-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING CHRISTINE PARDEE TO THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS WHEREAS, a vacancy currently exists on the Planning and Zoning Board due to the resignation of Emily Heinz; and WHEREAS, the City Council desires to make an appointment to fill such vacancy on the Planning and Zoning Board. 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 Christine Pardee is hereby appointed to fill the current vacancy on the Planning and Zoning Board with her term to begin immediately and to expire on December 31, 2020. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 234 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Delynn Coldiron, City Clerk Rita Knoll, Chief Deputy City Clerk Delynn Coldiron, City Clerk Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 077, 2018, Amending Chapter 7 of the Code of the City of Fort Collins to Amend Requirements and Procedures for City Elections. EXECUTIVE SUMMARY The purpose of this item is to amend the Election Code to clarify that expenditures for political advertising includes internet advertising; amend deadlines for write-in candidates, nomination petitions, withdrawals and campaign reports; and adopt Code language to align with the Uniform Overseas Citizens Absentee Voting Act (UOCAVA). The Code amendments will also require candidates and committees to keep samples of public communications and revise the definition for independent expenditures. STAFF RECOMMENDATION Staff and the Council Election Code Committee recommend adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code and Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be needed to adapt to a rapidly changing legal and technological environment. Councilmembers Cunniff, Overbeck, and Stephens have continuously served in this capacity since 2015. Since the original formation of the ad hoc Committee, Council has considered and adopted three Ordinances amending various provisions of Chapter 7. This Ordinance represents a continuation of the work to make improvements. Most of the amendments contained in this Ordinance are considered to be noncontroversial, and enacting them at this time will be advantageous as preparations begin later this year for the 2019 City Election. A summary of the proposed amendments, in the order they appear in the ordinance follows: Deadlines Relating to Candidacy Current time periods between the actions affecting the content of the ballot and when the ballots need to be mailed are extremely tight. Staff is recommending minor adjustments to the deadlines for registration of a write-in candidate, the window for circulating nomination petitions, the deadline to withdraw from nomination, and the deadline for filing a nomination petition as a replacement candidate in the event of recall of a Councilmember. The proposed deadlines provide additional time needed for ballot preparation, and maintain a 15 Packet Pg. 235 Agenda Item 15 Item # 15 Page 2 standard 7-day increment. Independent Expenditures This Ordinance changes the definition of “independent expenditure” to: • clarify that independent expenditure includes advertisements placed for a fee on another person’s website, or advertisement space provided for no fee or a reduced fee when a fee ordinarily would have been charged. • require reporting of independent expenditures supporting a ballot issue or question. Currently, independent expenditures are limited to support or opposition of a candidate. The Code section relating to Independent Expenditures includes a proposed amendment requiring that, in addition to keeping documentation of expenditures in the form of invoices, receipts and other instruments of payment, copies of any public communications produced as a result of the expenditure must also be retained. Campaign Contributions/Expenditures Proposed amendments include: • a requirement that, in addition to keeping documentation of expenditures in the form of invoices, receipts and other instruments of payment, a committee must also keep copies of any public communications produced as a result of the expenditure. • adjusting the deadline for post-election campaign reports from the 60th day to the 70th day after the election, and adjusting the report due on the 30th day after the election to be due instead on the 35th day after the election, which maintains a 7-day increment. Expenditures for Political Advertising The amendments proposed for this section of the Code adds Internet advertisers, website providers and social media providers to the list of possible entities providing paid advertising. and to the reporting of discounted rates. Uniformed Military and Overseas Voters At the April 2017 election, voters approved a change in the date of certification of an election. Doing so allows the City to enact a portion of the Uniformed Military and Overseas Voters Act (UOCAVA). The proposed Article is closely aligned with State Statute, but only to the extent the provisions apply to municipal elections and only to the extent that can be accomplished within our existing time frame. The primary provision of this new Article is to allow for the acceptance and counting of UOCAVA ballots mailed on or before 7 p.m. mountain time on election day and received by the City Clerk by 5 p.m. on the 8th day after the election. CITY FINANCIAL IMPACTS Any financial impacts as a result of these amendments will be negligible. PUBLIC OUTREACH Meetings of the Election Code Committee are posted on the City’s website in advance of the meeting. Several members of the community regularly attend Committee meetings and provide input to the Committee on topics on the agenda and other items of interest. ATTACHMENTS 1. Power Point Presentation (PDF) 15 Packet Pg. 236 June 5, 2018 Election Code Amendments Delynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City Clerk Carrie Daggett, City Attorney 15.1 Packet Pg. 237 Attachment: Power Point Presentation (6848 : Election Code Amendments) Changes Discussed • Value of campaign ads on websites. • Deadlines. • Uniform Overseas Citizens Absentee Voting Act (UOCAVA) • Independent Expenditures 2 15.1 Packet Pg. 238 Attachment: Power Point Presentation (6848 : Election Code Amendments) Proposed Code Amendments 3 Issue Recommended Action 1. Value of campaign ads on websites 2. Deadline changes for: • Write-In Candidates • Nomination Petitions • Withdrawals • Reports Adopt Code language adding references to electronic communication methods that includes websites. Adopt Code language that adjusts timelines: • Provides relief to some tight timeframes • Provides consistency with dates • 7-day increments • No weekend deadlines 15.1 Packet Pg. 239 Attachment: Power Point Presentation (6848 : Election Code Amendments) Proposed Code Amendments 4 Issue Recommended Action 1. UOCAVA 2. Campaign Materials and Independent Expenditures Adopt new Code section that includes: • Definitions • Requirement of advance notice • Alternative methods to cast ballot • Allowing 8 days after election to receive ballot Adopt Code language that includes: • Keeping samples of public communications • Revised definition for independent expenditure • Includes ballot issues and questions 15.1 Packet Pg. 240 Attachment: Power Point Presentation (6848 : Election Code Amendments) Ongoing/Future Items • Paid for By statements on advertisements. • Redistricting considerations. 5 15.1 Packet Pg. 241 Attachment: Power Point Presentation (6848 : Election Code Amendments) Questions THANK YOU! 6 15.1 Packet Pg. 242 Attachment: Power Point Presentation (6848 : Election Code Amendments) -1- ORDINANCE NO. 077, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS TO AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for redistricting of Council districts, for the conduct of City elections, for disclosure of campaign finance information, and other related matters; and WHEREAS, in 2015 the City Council formed an ad hoc committee, including Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most beneficial changes to the Code and City Charter regarding elections and other related matters; and WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be needed to adopt to a changing legal and technological environment, for Council consideration; and WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, and Ordinance No. 045, 2018 were considered and adopted by the Council to update various provisions of Chapter 7; and WHEREAS, the Committee continued to meet in 2017 and 2018, and has recommended additional clarifications and amendments to Chapter 7; and WHEREAS, the Committee has recommended that deadlines for submission of filings be adjusted to provide clarification in Code Sections 7-103, 7-116, 7-117, and 7-136; and WHEREAS, the Committee has recommended that the definition of independent expenditure be expanded to include uncoordinated expenditures supporting or opposing ballot issues or ballot questions, while excluding certain media communication, and to also require persons making such expenditures to retain copies of public communications resulting from said expenditures; and WHEREAS, the Committee has recommended changes to Code Sections 7-132, 7-135, 7- 139, and 7-141 to address changing methods of political communication, including but not limited to campaign advertisements on websites and social media; and WHEREAS, the Committee has recommended the creation of a new Article IX of the Code to address absentee voting by uniform military and overseas voters; and WHEREAS, these amendments generally improve and clarify the City’s campaign finance disclosure and election requirements and processes; and Packet Pg. 243 -2- WHEREAS, the Council desires to enact the recommendations of the Committee and staff in order to clarify and improve the various provisions of Chapter 7, as set forth below. 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 7-103 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-103. Write-in Candidates. No write-in vote for a candidate for City Council office shall be counted unless the person whose name appears as the write-in vote has filed an affidavit of intent with the City Clerk, no later than the close of business thirty-five (35) forty-two (42) days before the election, indicating that such person desires and is qualified for the office. Section 3. That Section 7-116 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-116. Nomination of candidates; withdrawal from candidacy. A nominating petition required pursuant to Article VIII of the Charter may not be circulated earlier than sixty (60) seventy (70) days before the election and must be filed with the City Clerk not later than forty (40) forty-nine (49) days before the election. A person who has been nominated may, not later than thirty-five (35) forty-two (42) days before the election, withdraw by filing with the City Clerk a request therefor in writing, and no name so withdrawn shall be placed upon the ballot. Section 4. That Section 7-117 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-117. Recall elections; nomination of candidates. Anyone desiring to become a candidate at a recall election shall do so by nominating petition as required in Article VIII of the Charter. All nominating petitions for such candidates shall be filed with the Office of the City Clerk no later than forty (40) forty- nine (49) days prior to the date of the recall election. Section 5. That Section 7-132 of the Code of the City of Fort Collins is hereby amended with respect to the definition of the term “independent expenditure,” to read as follows: Packet Pg. 244 -3- Sec. 7-132. Definitions. . . . Independent expenditure shall mean the payment of money by any person for the purpose of advocating the election, defeat or recall of a candidate, which expenditure is not controlled by, or coordinated with, any candidate or any agent of such candidate. Independent expenditure shall include expenditures for political messages which unambiguously refer to any specific public office or candidate for such office, but shall not include expenditures made by persons, other than political committees, in the regular course and scope of their business and political messages sent solely to their members. Independent expenditure shall also include the payment of money by any person for supporting or opposing a ballot issue or ballot question that is not controlled by, or coordinated with, an issue committee. Independent expenditure shall include, but not be limited to, advertisements placed for a fee on another person’s website or advertisement space provided for no fee or a reduced fee where a fee ordinarily would have been charged. Independent expenditure shall not include: (1) Expenditures made by persons, other than political committees, in the regular course and scope of their business and political messages sent solely to their members; or (2) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by the candidate, or communications other than advertisements posted or published on the internet for no fee. Section 6. That Section 7-132 of the Code of the City of Fort Collins is hereby amended to add a definition of the term “social media,” to read as follows: Sec. 7-132. Definitions. . . . Social media shall mean any electronic medium, including an interactive computer service, application, or data network, that allows users to create, share, and view user- generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles. . . . Section 7. That Section 7-135(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 245 -4- Sec. 7-135. Campaign contributions/expenditures. . . . (f) Recordkeeping. (1) All contributions received by a candidate committee, small-scale issue committee, issue committee or political committee shall be documented and deposited and maintained in a financial institution in a separate account whose title shall include the name of the committee. All records pertaining to contributions and related accounts shall be maintained by the committee for one (1) year following any election in which the committee received contributions unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection in connection with any investigation or other action to enforce the terms of this Article. (2) All expenditures shall be documented and all records pertaining to said expenditures, including but not limited to invoices, receipts, and instruments of payment, and copies of any public communications produced as a result of the expenditure, shall be maintained by the committee for one (1) year following any election in which the committee expended the funds unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Documentation shall include the name and address of the vendor(s) or payee(s) providing the property, materials, or services and the amount of the expenditure. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any investigation or other action to enforce the terms of this Article. Section 8. That Section 7-136(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-136. Disclosure; filing of reports. . . . (c) Reports shall be filed with the City Clerk as follows: (1) All committees must file reports on the following dates: Packet Pg. 246 -5- a. the thirty-fifth (35 th ) day before the election; b. the twenty-first (21 st ) day before the election; c. the fourteenth (14 th ) day before the election; d. no later than noon on the Friday before the election; e. the thirtieth (30 th ) the thirty-fifth (35 th ) day after the election; and f. the sixtieth (60 th ) the seventieth (70 th ) day after the election. (2) Candidate committees that continue in operation must file a report annually on the first day of the month in which the anniversary of the election occurs until such time as a termination report is filed. (3) If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business day. . . . Section 9. That Section 7-139 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-139. Independent expenditures. Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.) shall deliver notice in writing of such independent expenditures to the City Clerk no later than three (3) business days after the day that such funds are obligated. Said notice shall include the following information: (1) The name, address and telephone number of the person making the independent expenditures; (2) The name of the candidate whom the independent expenditures are intended to support or oppose; (3) The name and address of the vendor(s) providing the property, materials or services; (4) A detailed description of the independent expenditures sufficient to allow for determination of compliance with this section; (5) The amount of the independent expenditures; (6) The date the funds were obligated; and (7) Copies of receipts, invoices, or other documentation related to the independent expenditure. Packet Pg. 247 -6- For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached for the provision of the property, materials or services in question, regardless of when payment is to be made for such property or services. All independent expenditures shall be documented and all records pertaining to independent expenditures, including but not limited to invoices, receipts, and instruments of payment, and copies of any public communications produced as a result of the expenditure, shall be maintained for one (1) year following any election in which the funds were expended unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any hearing held pursuant to this Article. Section 10. That Section 7-141 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-141. Expenditures for political advertising; rates and charges. (a) No candidate committee shall pay to any radio or television station, newspaper, periodical, internet advertiser or website provider, social media provider or other supplier of materials or services a higher charge than that normally required for local commercial customers for comparable use of space, materials or services. Any such rate shall not be rebated, directly or indirectly. (b) Any radio or television station, newspaper, internet advertiser or website provider, social media provider or periodical that charges an issue committee or candidate committee a lower rate for use of space, materials or services than the rate such station, newspaper, internet advertiser or website provider, social media provider or periodical or supplier charges another issue committee or candidate committee for the same ballot measure or public office for comparable use of space, materials or services shall report the difference in such rate as a contribution in kind to the issue committee or candidate committee that is charged such lower rate. (c) Nothing in this Article shall be construed to prevent an adjustment in rates related to frequency, volume, production costs and agency fees if such adjustments are offered consistently to other advertisers. Section 11. That Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article IX to read as follows: ARTICLE IX. UNIFORM MILITARY AND OVERSEAS VOTERS Sec. 7-211. Legislative Intent. Packet Pg. 248 -7- The City Council hereby finds and declares that it is appropriate and necessary to provide an avenue for City electors who are active members of the various uniformed services or who are overseas to submit absentee votes in City elections. Sec. 7-212. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Absentee ballot shall mean a ballot transmitted to a covered voter at an address or location other than the residential or mail address of the elector in the County’s voter registration records, or by any other reasonable method acceptable to the covered voter. Covered voter shall mean: (1) A uniformed-service voter, as defined in this Section, who is a resident of the City but who is absent from the City by reason of active duty and who otherwise satisfies the City’s voter eligibility requirements; (2) An overseas voter who, before leaving the United States, was last eligible to vote in the City and, except for a residency requirement, otherwise satisfies the City’s voter eligibility requirements; (3) An overseas voter who, before leaving the United States, would have been last eligible to vote in the City had the voter then been of voting age and, except for a residency requirement, otherwise satisfies the City’s voter eligibility requirements; or (4) An overseas voter who was born outside the United States, is not described in paragraph (2) or (3) of this definition, and, except for a residency requirement, otherwise satisfies the City’s voter eligibility requirements if the last place where a parent, legal guardian, spouse or civil union partner of the voter was, or under this Article would have been, eligible to vote before leaving the United States is within the City. Dependent shall mean a spouse, civil union partner, or dependent of a covered voter defined in this Section who is a resident of the City but who is absent from the City by reason of the active duty or service of the covered voter. Overseas voter shall mean a United States citizen who is outside the United States. Uniformed-service voter shall mean an individual who is qualified to vote in the City and is: Packet Pg. 249 -8- (1) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty; (2) A member of the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; or (3) A member on activated status of the National Guard. Sec. 7-213. Notice of upcoming election. Prior to any election conducted by the City and not coordinated with the County pursuant to Section 1-7-116, C.R.S., the City Clerk shall mail a letter to all covered voters eligible to participate in the upcoming election notifying said voters of the date ballots will be mailed, the unlikelihood that the time periods for conducting the election will afford said voters the opportunity to receive the ballot mailed and return his or her voted ballot in a timely manner, and alternative methods for casting a ballot for the election. Said letter shall be mailed as follows: (1) For a regular municipal election, no less than sixty-three (63) days prior to the date of election. (2) For a special municipal election, no less than sixty-three (63) days prior to the date of election. (3) For a recall election, as soon as practicable after the election is called. Sec. 7-214. Alternative methods for casting a ballot; transmission and receipt. (a) A covered voter may vote the original ballot mailed to him or her or may request an absentee ballot. (b) Voted ballots may be returned by mail, or by electronic mail or any other reasonable method to provide the covered voter an opportunity to vote, provided that the method is acceptable to the City Clerk and the covered voter and provided the covered voter acknowledges in writing that he or she has chosen to vote using the alternative method and has further agreed that the City Clerk may manually transfer the covered voter’s vote to an official ballot for counting purposes. (c) To be valid, a ballot must be either received by the City Clerk by 7:00 p.m. on the date of election, or be postmarked or deposited by the covered voter with a military post office by 7:00 p.m. mountain time on the date of the election. (d) A valid ballot cast by mail shall be counted if it is received by the City Clerk by 5:00 p.m. mountain time on the eighth (8 th ) day after the election. Packet Pg. 250 -9- Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 251 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Resolution 2018-060 Rescinding Resolution 2018-041 and Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation. EXECUTIVE SUMMARY On May 1, 2018, Council adopted Resolution 2018-041 initiating annexation proceedings for the East Gateway Annexation and scheduling a hearing date of June 5, 2018 for the proposed annexation. It has subsequently been determined that certain notices required by the Municipal Annexation Act were inadvertently not given as required. The statutory time periods for required published and mailed notices of the proposed annexation are such that the annexation process must be re-initiated to allow these notices to be given in advance of a rescheduled hearing on July 17, 2018. The purpose of this item is to rescind Resolution 2018-041 and re-initiate annexation proceedings for the East Gateway Annexation, containing 1.77-acres, into the City of Fort Collins. The annexation is generally located northeast of the Interstate 25 and East Mulberry Street interchange. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. The requested zoning for this annexation is a combination of General Commercial (C-G), Industrial (I), and Low Density Mixed Use Neighborhood (L-M-N), consistent with the City of Fort Collins Structure Plan Map designations. The surrounding properties are a mixture of residential and commercial land uses. The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for three properties located within the Fort Collins Growth Management Area (GMA). According to policies and terms contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will consider annexation of property in the GMA when the property is eligible for annexation according to State law. The East Gateway Annexation gains the required 1/6 contiguity to existing City limits from a common boundary with the Kirschner Annexation to the north, which was annexed Agenda Item 16 Item # 16 Page 2 in 1993 and the I-25 Third Annexation to the south, which was annexed in 2017, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City of Fort Collins municipal boundary. The annexation will create an enclave. The enclave, known as the East Mulberry Enclave, closely coincides with the East Mulberry Corridor Plan boundary adopted in 2002 (updated in 2003) by Larimer County and the City of Fort Collins after a 2-year joint planning effort. A state statute gives a municipality the authority to annex an enclave without property owner consent at such time that the enclave has been surrounded by the municipality for three or more years. Based on the anticipated schedule, a future City Council could consider annexation of the East Mulberry Enclave as soon as July 2021. After that time, the Council will have discretion to determine if and when annexation of the enclave will occur. CITY FINANCIAL IMPACTS There are virtually no financial impacts associated with this 1.77-acre annexation. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the properties be placed into the General Commercial (C- G), Low Density Mixed Use Neighborhood (L-M-N) and Industrial (I) zone districts. (Attachment 6) PUBLIC OUTREACH Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty- five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty-four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals attended the two events but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; 3. The annexation will likely occur in phases over an extended period; and 4. A fiscal impact assessment will be conducted in 2019-2020. Additional information about the questionnaire results, community comments, and material presented at the open house meeting can be seen in Attachment 7. Agenda Item 16 Item # 16 Page 3 ATTACHMENTS 1. Vicinity map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Annexation Petition and map (PDF) 5. Correspondence from Alex Boggs (PDF) 6. Planning and Zoning Board minutes, May 16, 2018 (draft) (PDF) 7. East Mulberry Corridor Enclave Open House Summary (PDF) E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir S u ncha s e Dr Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fro n tage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _____________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ________________________________ (_____) acres, is more particularly described on Attachment “A,” attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________________________________________________________________ Zone District pursuant to the Land Use Code of the City of Fort Collins. ATTACHMENT 4 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. ------------------------------------------------------------------------------------------------------------------------------- I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\East Gateway Annexation\ Legals\E Gateway Annex Lgl.doc ATTACHMENT "A" From: Kai Kleer To: "Alex Boggs" Subject: RE: East Gateway Annexation Date: Friday, April 13, 2018 8:36:00 AM Alex, Thanks so much for getting back to me. Have a great weekend. Best, Kai Kleer From: Alex Boggs [mailto:Alex@towermgmt.com] Sent: Thursday, April 12, 2018 6:29 PM To: Kai Kleer <kkleer@fcgov.com> Subject: RE: East Gateway Annexation Kai, I am ok with the changes. Alex Alex Boggs Tower Communities LLC 626-795-7755 ext 30 From: Kai Kleer <kkleer@fcgov.com> Sent: Monday, March 19, 2018 11:43 AM To: Alex Boggs <Alex@towermgmt.com> Subject: FW: East Gateway Annexation Alex, I’m resending the email I sent you on March 5th with the updated petition. If you have a chance, just look it over and acknowledge that you are okay with the changes that have been made. I listed those changes so it is easier for you to identify within the PDF. Best, Kai From: Kai Kleer Sent: Monday, March 05, 2018 10:38 AM ATTACHMENT 5 To: 'Alex@towermgmt.com' <Alex@towermgmt.com> Subject: East Gateway Annexation Dear Alex, This email is being sent to inform you of a recent update to an annexation petition submitted to the City of Fort Collins. Below you will find a brief description of the changes that reference the attached PDF: Updated legal description that includes two additional portions of land (Attachment A, p. 3) Addition of Petitioner’s/Owner’s Signature representing Colorado Department of Transportation (p. 2) Addition of a portion of land owned and administered by the Colorado Department of Transportation (p. 5, parcel # 87103-00-901) Addition of private railroad Right-of-Way owned and administered by Burlington Northern Santa Fe (p. 5) Please let me know if you have any questions. Sincerely, Kai Kleer Associate Planner City of Fort Collins 281 N. College Ave., Fort Collins, CO 80526 T: 970.416.4284 | F: 970.224.6134 kkleer@fcgov.com Planning and Zoning Board May 16, 2018 DRAFT minutes Discussion Agenda: 5. East Gateway Annexation and Zoning, ANX 180001 Project Description: This is a request to annex and zone 1.77-acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will enclave the East Mulberry Corridor. In accordance with the City’s Structure Plan Map, the requested zoning for this annexation is Industrial (I), General Commercial (C-G), and Low Density Mixed-Use Neighborhood (L-M-N). Recommendation: Approval Secretary Gerber reported that no citizen communications have been received. Staff and Applicant Presentations Planner Kleer gave a brief overview of this project that included a PowerPoint presentation. The applicant is requesting industrial low-density mixed-use neighborhood and general commercial zoning. This is consistent with the structure plan map. Neighborhood outreach and presentations were conducted. No applicant team for this item. Public Input (3 minutes per person) Barbara Trivarton, Cloverleaf Community, is curious on how this annexation is going to affect her community. She received communication that there will be 20’ being taken from her property and is wondering if this is a buffer zone, or if it will be built on as it includes their entryway. There is also a drainage ditch located on the property for annexation that has been grandfathered in, she is wondering if this is going to be changed as their property uses this ditch for drainage. At one point the CDOT property was due to have a frontage road placed if the property is sold. Is this true? One last question, will there be emergency access to the property? Staff Response Planner Kleer responded to the first question regarding the 20’ buffer by stating that it is unlikely that it will ever be developed or redeveloped just by being annexed into the City of Fort Collins. For the second question regarding the drainage ditch, Planner Kleer is uncertain. As for the CDOT property, there will be frontage road realignment upon future development. In response to the last question, Planner Gloss stated that is an issue they will be discussing with the applicant. Chair Schneider explained that at this time we are not to the level of detail with this project, this level of detail comes in at the PDP stage. Member Rollins asked for clarification regarding the ownership of the 20’ strip of property, entity or individual. Planner Kleer stated it was owned and administered by Teller Management, LLC. Member Rollins asked for clarification on the drainage ditch in the impact of this annexation. Planner Gloss stated they will have to look into the ditch. Chair Schneider questioned if this would also be covered in the detailed PDP stage. Planner Gloss stated that it will with the project to the West, however from the citizens comment and perception of impact from the property owned by the Cloverleaf Mobile Home Park, which would be different. The remaining land to the East may at some point be annexed by Timnath. Member Rollins asked if some of the property belongs to the mobile home park. Planner Gloss responded that was correct. ATTACHMENT 6 Planning and Zoning Board May 16, 2018 DRAFT minutes Board Questions / Deliberation Chair Schneider asked for clarification on zoning happened before annexation, or if it could be combined into one motion. Mr. Yatabe stated he felt they could combined them into one motion as long as they are congruent motions. Member Hobbs made a motion that the Fort Collins planning and Zoning Board forward a recommendation to City Council of approval of the Annexation and requested zoning of industrial I general commercial CG and low-density mixed-use neighborhood L-M-N based on the agenda materials and the information and materials presented during the work session and this hearing, the board discussion and citizen participation that we have heard tonight. Member Carpenter seconded. Chair Schneider commented that this does create a pretty large enclave that hopefully staff will look at doing in phases. Vote: 5:0. Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax DATE: May 9, 2018 TO: Darin Atteberry, City Manager FROM: Cameron Gloss, Planning Manager THRU: Tom Leeson: Community Development & Neighborhood Services Director Laurie Kadrich, Planning, Development & Transportation Services Director Jeff Mihelich, Deputy City Manager RE: East Mulberry Corridor Enclave Open House Summary Background In advance of the initiating resolution for the East Gateway Annexation, which creates the East Mulberry Enclave, the City Council requested that staff engage the affected community in a dialogue about a potential enclave annexation that a future City Council may consider as early as July 2021. East Mulberry Open House Events Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals were in attendance at the two events, but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; ATTACHMENT 7 Page 2 3. The annexation will likely occur in phases over an extended period. 4. A fiscal impact assessment will be conducted in 2019-2020. Questionnaire Results To better understand possible changes in the public’s perception of the East Mulberry Corridor area over time, the same questionnaire was issued at the open houses as that distributed 17 years ago during the East Mulberry Corridor planning process. Comparing and contrasting the questionnaire summary graphs from these two periods (see comparison on the following two pages) appears to indicate some changes in the community’s perceptions and the priorities for public and private investment in the future. When comparing the question about the degree of satisfaction with existing conditions, there was an increased level of dissatisfaction within most categories reviewed. The biggest drops in satisfaction included: x personal safety/security x traffic congestion x bicycle and pedestrian safety x storm drainage x grocery store and retail availability, and x the appearance of buildings, landscaping and signs. With respect to future opportunities, respondents expressed greater interest in: x improvements to bicycle and pedestrian facilities x street improvements x more wildlife/natural areas x improving traffic flow x improvement in overall appearance x provision of a supermarket x increased police service, and x storm drainage improvements Arguably, the sample size of the most recent questionnaire is smaller, but it may still provide a general sense of the community’s perception of the challenges and opportunities within the East Mulberry Corridor. List of Attachments A. Questionnaire Summary and Citizen Comments B. East Mulberry Chronology display C. Frequently Asked Questions handout D. East Mulberry Corridor Framework Plan Map Page 3 2001- Are you satisfied with conditions in the Corridor now? 2018 - Are you satisfied with conditions in the Corridor now? 0% 20% 40% 60% 80% 100% Convenience Store Availability Outdoor Storage Appearance Wildlife / Natural Areas Protection Snow Removal / Street Sweeping Public Transit Availability Retail Shopping Availability Storm Drainage Recreation Availability Personal Safety / Security Grocery Store Availability Signage Appearance Bldg. / Landscaping Appearance Traffic Flow Street Conditions Pedestrian Bicycle Safety Very Satisfied Satisfied Dissatisfied Very Dissatisfied No Opinion Page 4 2001 - What potential opportunities for change in the Corridor are most important? 2018 - What potential opportunities for change in the Corridor are most important? 0% 20% 40% 60% 80% 100% New Pedestrian and Bike Lanes Improve Streets More Wildlife / Natural Areas Improving Traffic Flow Better Overall Appearance Increase Police Services Expand Public Transit Improve Snow Removal / Sweeping Better Storm Drainage More Small Businesses New Supermarket More Public Facilities More Retail Shopping More Employers More Housing More Convenient Stores More Travel Related Businesses More Industrial / Storage Areas Very Important Important Not Important No Opinion Page 5 What are the top five issues related to current conditions? x Traffic flow x pedestrian usage x business accessibility x no grocery storage (need badly) x lacking sufficient public transit x problematic road conditions due to drainage x intersections that are a mess and dysfunctional x too much traffic during peak times x no turn lanes at Greenfield to turn left x stoplight at summit view and mulberry is confusing x don’t want higher taxes x don't think there will be a change in vagrancy x will be too long for positive changes to be made x traffic flow from this area to south - Prospect/Mulberry accessibility to make turns off Prospect and Mulberry x Sleazy hotels on north side of Mulberry x Lighting - darkest major street in Fort Collins x E. Locust street never maintained until construction started on Mulberry x bldg. / landscaping appearance x street conditions x storm drainage x snow removal x improved road network - access, conditions x high criminal activity - hotel areas x lack of restaurants x Lighting - darkest major street in Fort Collins x sidewalks - pedestrian areas x access road is incomplete and difficult to access (Frontage Road) x closest grocery store is on Lemay x no bicycle lanes x signage @ frontage roads horrific - no one see the "no turn on red" signs and can be very dangerous x neighborhood streets are horrific - esp. Riverbend Dr. x traffic flow with frontage roads is haphazard, can be dangerous x pedestrian bicycle safety x road conditions x wildlife / natural areas x personal safety / security x grocery store x medians suck aesthetically x safety x street conditions x traffic flow x pedestrian access Page 6 x homeless population x stop at summit view x Adequate intersection traffic flow both Mulberry and Greenfields and Prospect and Summit View x traffic lights on Mulberry and Greenfields x Dangerous, no right of way especially turning left to west or north frontage turning east (many people doing U-turns at intersection) x Road Repair - no money, county not stepping up - especially on Locust Street where old HOA still in effect - no one has money within HOA area to make road repairs - that is a joke that the HOA a poor excuse. x Need pedestrian walkways x Street conditions are poor x Traffic is poor and gets backed up x there are no natural areas x There is no retail shopping but 1 new one x Convenience store availability x Recreation availability x traffic flow x Personal safety x Grocery availability x Road conditions x Road drainage; snow removal x Shoddy appearance of businesses along Mulberry x Security and law enforcement response time x Concern with appearance of the low rate hotels and their clients x street appearance x code enforcement x Prospect - Summit View intersection x Costs of Boxelder sanitation x Bike / walk / trail lanes x No common requirements for appearance What are the top five potential opportunities for change? x safer walkways / bicycle lanes - many people walking due to hotels x set standards for hotels - landscaping included x street lights - need right of way - a free for all right now x road repair in community, i.e. sunrise acres x community parks and sidewalks and trails x improved law enforcement x street lighting x storm drainage x improved roads / traffic flow x better overall gateway to Fort Collins x Change aesthetic for visitors to Fort Collins. If you come into town it looks like a dump until Riverside. x Options for PWR, H2O, rebates x Improving safety of roadways, better traffic flow x More businesses, especially grocery store Page 7 x improving neighborhood roads x by having city police services, allows sheriff dept. to improve coverage of more rural / mountain areas x road network improvements x reduced vagrant activity - criminal activity x better restaurants x increased lighting x cleaner areas x better streets x storm sewer x public transit x need a city park in this area x forcing hotel clean up and vagrants - hopefully lighting will change that x safety x no change x less traffic jams x affordable housing x accessible streets and sidewalks x public transit x better drainage and street maintenance x improve interchanges (intersections) x Need pedestrian walkways Appearance x Main corridor for CSU and Old Town x Improved roads x Improved traffic flow x Improved appearance of businesses through landscaping x Improved security for residents and businesses x Improved snow removal x Better overall appearance x Better storm drainage x Improved streets x Improved traffic flow x More wildlife / natural areas What's your vision for the East Mulberry Corridor over the next 20 years? x less low-class hotels x better exit lanes off I-25 to Mulberry and Prospect x additional lanes on Mulberry x Figure infrastructure out before adding housing x nice traffic flow x quit taking wildlife and nature areas x Premier entrance to Fort Collins x Brought to a nice standard but the city of Fort Collins is terrible to develop with. Have standards but calm down on some of the BS. x more services available to neighborhoods i.e.. Groceries, small businesses x a gateway into Fort Collins that is as appealing as the city itself Page 8 x East Mulberry is the gateway to Old Town, the jewel of the city. Mulberry to College Ave should be a "wow" experience, leading to Old Town. The beauty of the new bridge on Mulberry, west of Lemay, should be carried all the way to I-25. x similar to Harmony x better welcome corridor for visitors x another harmony road x to stay the same x not sure, worried in general about proposed population growth of area and how horrible traffic will be x improved appearance coming into city x traffic congestion eased x multi-use with creative integration of people and wildlife x new and creative mix of residential and small market gardens and low-density livestock x MAX style transit connecting I-25 and downtown transit center Should look more like Harmony Road x Should look more like Harmony Road x More attractive landscaping and businesses x Better regulation of types of businesses x Increased police patrol x Nice mid-price range restaurants x Supermarket at east end of Mulberry x A well-planned, balanced corridor that would give Fort Collins high mark as a city to live in x Become more user friendly: shopping, services provided by the city, better roads and traffic flow. x Better public transportation Page 9 Annexation FAQ 1 1. Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. 2. What is an Enclave? What is an enclave? An enclave is a property, or group of properties, that are located in unincorporated Larimer County but, due to urban growth and development over time, are now surrounded by the City of Fort Collins municipal boundary. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexation phases totaling 1,603 acres (2.7 square miles) annexed into the City between 2006 and 2013. Five enclaves were annexed into the City of Fort Collins in 2015 - 2018. 3. Zoning and Land Use What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in. However, if the nonconforming use is discontinued for 12 consecutive months, the nonconforming use is then considered “abandoned” and will not be able to continue. Annexation FAQ 2 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt certain private covenants related to resource conservation, as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 4. Utility Services Why make us a pay an electric surcharge when we the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the REA 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. At this time, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. Annexation FAQ 3 What is the Stormwater Fee: Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on: What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and you are within 400 feet of the municipal sewer system you will be required to connect to the sewer system. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by ELCO Water District and Boxelder Sanitation District (if not currently on septic). 1 An additional 25% REA adder will be applied to the kWh rate once calculated at the end of a billing cycle and will not be applied towards the monthly fixed charge. Monthly Residential Electric Rates1 Summer (Jun-Aug) Non-Summer (Sept-May) Poudre Valley REA Fixed Charge, per month $6.14 $6.14 $24.50 Usage Charge, per kWh $.0.09396 First 500 kWh, per kWh $0.09434 $0.08893 Next 500 kWh, per kWh $0.11268 $0.09339 All additional kWh $0.14904 $0.10335 Annexation FAQ 4 5. Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. ELCO Water District No, sales tax is not assessed to the ELCO Water District. Boxelder Sanitation District No, sales tax is not assessed to the Boxelder Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. Annexation FAQ 5 What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2015: State of Colorado 2.9% Larimer County 0.65% Total Sales Tax (Larimer County) 3.55% City of Fort Collins 3.85% 3.85% Tax includes x 2.25% Base Rate x .25% Community Capital Improvement Program (Expires 2025) x .25% Street Maintenance (Expires 2025) x .25% Open Space (Expires 2030). x .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.40% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Jennifer Poznanovic, jpoznanovic@fcgov.com Annexation FAQ 6 6. Other Commonly Asked Questions Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? x Faster police response time x Voting for a Mayor and Council Member (District 3) x Less Expensive Electric Rates x Urban level services x Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://clients.comcate.com/newrequest.php?id=150 you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. -1- RESOLUTION 2018-060 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2018-041AND FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAST GATEWAY ANNEXATION WHEREAS, on May 1, 2018, Council adopted Resolution 2018-041to initiate annexation proceedings for the East Gateway Annexation; and WHEREAS, as part of Resolution 2018-041 a hearing date for the proposed annexation was scheduled for June 5, 2018; and WHEREAS, to satisfy notice requirements regarding the proposed annexation to certain entities that were inadvertently not given, it is necessary to re-initiate the proposed annexation and reschedule the June 5, 2018 hearing date; and WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the East Gateway Annexation, as more particularly described below; and WHEREAS, the City Council hereby initiates annexation proceedings for the East Gateway Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. 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 rescinds Resolution 2018-041 and vacates the June 5, 2018, hearing date. Section 3. That the City Council hereby accepts the annexation petition for the East Gateway Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; -2- THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS. Section 4. That the City Council hereby finds and determines that the annexation petition for the East Gateway Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; -3- (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 5. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the East Gateway Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 6. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act and to give all notices are required by the Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2018-060 initiating annexation proceedings for the East Gateway Annexation, consisting of approximately 1.77 acres and generally located northeast of the I-25 and East Mulberry Street interchange, said Annexation being more particularly described in Resolution 2018-060. That, on July 17, 2018, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the General Commercial (“G-C”) Zone District, the Industrial (“I”) Zone District and the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 5th day of June, A.D. 2018. _______________________________ City Clerk EXHIBIT A Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the East Gateway Annexation. EXECUTIVE SUMMARY Staff requests the Resolution and Ordinance be postponed indefinitely due to a failure to provide notice as required in the Municipal Annexation Act. A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins has received a written petition requesting annexation of three properties known collectively as the East Gateway Annexation. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on the north and south perimeter with the following annexations: Agenda Item 11 Item # 11 Page 2 1. Kirschner Annexation, December 1993 2. Peterson Annexation, July 2006 3. Interchange Business Park Third Annexation, 2005 4. Interchange Business Park Second Annexation, 2005 As a result, there is 16.71% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications The annexation will create the East Mulberry Enclave which closely coincides with the East Mulberry Corridor Plan boundary adopted in 2002 (updated in 2003). The Plan was developed after a two-year joint planning effort between Larimer County and the City of Fort Collins. Though an enclave will be created after annexation of the subject properties, Colorado Revised Statutes require municipalities to wait three years until annexation can be initiated without property owner consent. Based on the anticipated schedule of the East Gateway Annexation, a future City Council could consider annexation of the East Mulberry Enclave as soon as July 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 1.77-acre annexation. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the properties be placed into the General Commercial (C-G), Low Density Mixed Use Neighborhood (L-M-N) and Industrial (I) zone districts. (Attachment 4) PUBLIC OUTREACH Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty- five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty-four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals attended the two events but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; 3. The annexation will likely occur in phases over an extended period; and 4. A fiscal impact assessment will be conducted in 2019-2020. Additional information about the questionnaire results, community comments, and material presented at the open house meeting can be seen in Attachment 3. All required mailings and postings per Section 2.12 (Annexation of Land) of the Land Use Code have been followed. Agenda Item 11 Item # 11 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Petition and Map (PDF) 3. East Mulberry Corridor Enclave Open House Summary (PDF) E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _____________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ________________________________ (_____) acres, is more particularly described on Attachment “A,” attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________________________________________________________________ Zone District pursuant to the Land Use Code of the City of Fort Collins. ATTACHMENT 2 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. ------------------------------------------------------------------------------------------------------------------------------- I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\East Gateway Annexation\ Legals\E Gateway Annex Lgl.doc ATTACHMENT "A" Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax DATE: May 9, 2018 TO: Darin Atteberry, City Manager FROM: Cameron Gloss, Planning Manager THRU: Tom Leeson: Community Development & Neighborhood Services Director Laurie Kadrich, Planning, Development & Transportation Services Director Jeff Mihelich, Deputy City Manager RE: East Mulberry Corridor Enclave Open House Summary Background In advance of the initiating resolution for the East Gateway Annexation, which creates the East Mulberry Enclave, the City Council requested that staff engage the affected community in a dialogue about a potential enclave annexation that a future City Council may consider as early as July 2021. East Mulberry Open House Events Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals were in attendance at the two events, but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; ATTACHMENT 3 Page 2 3. The annexation will likely occur in phases over an extended period. 4. A fiscal impact assessment will be conducted in 2019-2020. Questionnaire Results To better understand possible changes in the public’s perception of the East Mulberry Corridor area over time, the same questionnaire was issued at the open houses as that distributed 17 years ago during the East Mulberry Corridor planning process. Comparing and contrasting the questionnaire summary graphs from these two periods (see comparison on the following two pages) appears to indicate some changes in the community’s perceptions and the priorities for public and private investment in the future. When comparing the question about the degree of satisfaction with existing conditions, there was an increased level of dissatisfaction within most categories reviewed. The biggest drops in satisfaction included: x personal safety/security x traffic congestion x bicycle and pedestrian safety x storm drainage x grocery store and retail availability, and x the appearance of buildings, landscaping and signs. With respect to future opportunities, respondents expressed greater interest in: x improvements to bicycle and pedestrian facilities x street improvements x more wildlife/natural areas x improving traffic flow x improvement in overall appearance x provision of a supermarket x increased police service, and x storm drainage improvements Arguably, the sample size of the most recent questionnaire is smaller, but it may still provide a general sense of the community’s perception of the challenges and opportunities within the East Mulberry Corridor. List of Attachments A. Questionnaire Summary and Citizen Comments B. East Mulberry Chronology display C. Frequently Asked Questions handout D. East Mulberry Corridor Framework Plan Map Page 3 2001- Are you satisfied with conditions in the Corridor now? 2018 - Are you satisfied with conditions in the Corridor now? 0% 20% 40% 60% 80% 100% Convenience Store Availability Outdoor Storage Appearance Wildlife / Natural Areas Protection Snow Removal / Street Sweeping Public Transit Availability Retail Shopping Availability Storm Drainage Recreation Availability Personal Safety / Security Grocery Store Availability Signage Appearance Bldg. / Landscaping Appearance Traffic Flow Street Conditions Pedestrian Bicycle Safety Very Satisfied Satisfied Dissatisfied Very Dissatisfied No Opinion Page 4 2001 - What potential opportunities for change in the Corridor are most important? 2018 - What potential opportunities for change in the Corridor are most important? 0% 20% 40% 60% 80% 100% New Pedestrian and Bike Lanes Improve Streets More Wildlife / Natural Areas Improving Traffic Flow Better Overall Appearance Increase Police Services Expand Public Transit Improve Snow Removal / Sweeping Better Storm Drainage More Small Businesses New Supermarket More Public Facilities More Retail Shopping More Employers More Housing More Convenient Stores More Travel Related Businesses More Industrial / Storage Areas Very Important Important Not Important No Opinion Page 5 What are the top five issues related to current conditions? x Traffic flow x pedestrian usage x business accessibility x no grocery storage (need badly) x lacking sufficient public transit x problematic road conditions due to drainage x intersections that are a mess and dysfunctional x too much traffic during peak times x no turn lanes at Greenfield to turn left x stoplight at summit view and mulberry is confusing x don’t want higher taxes x don't think there will be a change in vagrancy x will be too long for positive changes to be made x traffic flow from this area to south - Prospect/Mulberry accessibility to make turns off Prospect and Mulberry x Sleazy hotels on north side of Mulberry x Lighting - darkest major street in Fort Collins x E. Locust street never maintained until construction started on Mulberry x bldg. / landscaping appearance x street conditions x storm drainage x snow removal x improved road network - access, conditions x high criminal activity - hotel areas x lack of restaurants x Lighting - darkest major street in Fort Collins x sidewalks - pedestrian areas x access road is incomplete and difficult to access (Frontage Road) x closest grocery store is on Lemay x no bicycle lanes x signage @ frontage roads horrific - no one see the "no turn on red" signs and can be very dangerous x neighborhood streets are horrific - esp. Riverbend Dr. x traffic flow with frontage roads is haphazard, can be dangerous x pedestrian bicycle safety x road conditions x wildlife / natural areas x personal safety / security x grocery store x medians suck aesthetically x safety x street conditions x traffic flow x pedestrian access Page 6 x homeless population x stop at summit view x Adequate intersection traffic flow both Mulberry and Greenfields and Prospect and Summit View x traffic lights on Mulberry and Greenfields x Dangerous, no right of way especially turning left to west or north frontage turning east (many people doing U-turns at intersection) x Road Repair - no money, county not stepping up - especially on Locust Street where old HOA still in effect - no one has money within HOA area to make road repairs - that is a joke that the HOA a poor excuse. x Need pedestrian walkways x Street conditions are poor x Traffic is poor and gets backed up x there are no natural areas x There is no retail shopping but 1 new one x Convenience store availability x Recreation availability x traffic flow x Personal safety x Grocery availability x Road conditions x Road drainage; snow removal x Shoddy appearance of businesses along Mulberry x Security and law enforcement response time x Concern with appearance of the low rate hotels and their clients x street appearance x code enforcement x Prospect - Summit View intersection x Costs of Boxelder sanitation x Bike / walk / trail lanes x No common requirements for appearance What are the top five potential opportunities for change? x safer walkways / bicycle lanes - many people walking due to hotels x set standards for hotels - landscaping included x street lights - need right of way - a free for all right now x road repair in community, i.e. sunrise acres x community parks and sidewalks and trails x improved law enforcement x street lighting x storm drainage x improved roads / traffic flow x better overall gateway to Fort Collins x Change aesthetic for visitors to Fort Collins. If you come into town it looks like a dump until Riverside. x Options for PWR, H2O, rebates x Improving safety of roadways, better traffic flow x More businesses, especially grocery store Page 7 x improving neighborhood roads x by having city police services, allows sheriff dept. to improve coverage of more rural / mountain areas x road network improvements x reduced vagrant activity - criminal activity x better restaurants x increased lighting x cleaner areas x better streets x storm sewer x public transit x need a city park in this area x forcing hotel clean up and vagrants - hopefully lighting will change that x safety x no change x less traffic jams x affordable housing x accessible streets and sidewalks x public transit x better drainage and street maintenance x improve interchanges (intersections) x Need pedestrian walkways Appearance x Main corridor for CSU and Old Town x Improved roads x Improved traffic flow x Improved appearance of businesses through landscaping x Improved security for residents and businesses x Improved snow removal x Better overall appearance x Better storm drainage x Improved streets x Improved traffic flow x More wildlife / natural areas What's your vision for the East Mulberry Corridor over the next 20 years? x less low-class hotels x better exit lanes off I-25 to Mulberry and Prospect x additional lanes on Mulberry x Figure infrastructure out before adding housing x nice traffic flow x quit taking wildlife and nature areas x Premier entrance to Fort Collins x Brought to a nice standard but the city of Fort Collins is terrible to develop with. Have standards but calm down on some of the BS. x more services available to neighborhoods i.e.. Groceries, small businesses x a gateway into Fort Collins that is as appealing as the city itself Page 8 x East Mulberry is the gateway to Old Town, the jewel of the city. Mulberry to College Ave should be a "wow" experience, leading to Old Town. The beauty of the new bridge on Mulberry, west of Lemay, should be carried all the way to I-25. x similar to Harmony x better welcome corridor for visitors x another harmony road x to stay the same x not sure, worried in general about proposed population growth of area and how horrible traffic will be x improved appearance coming into city x traffic congestion eased x multi-use with creative integration of people and wildlife x new and creative mix of residential and small market gardens and low-density livestock x MAX style transit connecting I-25 and downtown transit center Should look more like Harmony Road x Should look more like Harmony Road x More attractive landscaping and businesses x Better regulation of types of businesses x Increased police patrol x Nice mid-price range restaurants x Supermarket at east end of Mulberry x A well-planned, balanced corridor that would give Fort Collins high mark as a city to live in x Become more user friendly: shopping, services provided by the city, better roads and traffic flow. x Better public transportation Page 9 Annexation FAQ 1 1. Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. 2. What is an Enclave? What is an enclave? An enclave is a property, or group of properties, that are located in unincorporated Larimer County but, due to urban growth and development over time, are now surrounded by the City of Fort Collins municipal boundary. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexation phases totaling 1,603 acres (2.7 square miles) annexed into the City between 2006 and 2013. Five enclaves were annexed into the City of Fort Collins in 2015 - 2018. 3. Zoning and Land Use What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in. However, if the nonconforming use is discontinued for 12 consecutive months, the nonconforming use is then considered “abandoned” and will not be able to continue. Annexation FAQ 2 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt certain private covenants related to resource conservation, as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 4. Utility Services Why make us a pay an electric surcharge when we the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the REA 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. At this time, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. Annexation FAQ 3 What is the Stormwater Fee: Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on: What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and you are within 400 feet of the municipal sewer system you will be required to connect to the sewer system. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by ELCO Water District and Boxelder Sanitation District (if not currently on septic). 1 An additional 25% REA adder will be applied to the kWh rate once calculated at the end of a billing cycle and will not be applied towards the monthly fixed charge. Monthly Residential Electric Rates1 Summer (Jun-Aug) Non-Summer (Sept-May) Poudre Valley REA Fixed Charge, per month $6.14 $6.14 $24.50 Usage Charge, per kWh $.0.09396 First 500 kWh, per kWh $0.09434 $0.08893 Next 500 kWh, per kWh $0.11268 $0.09339 All additional kWh $0.14904 $0.10335 Annexation FAQ 4 5. Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. ELCO Water District No, sales tax is not assessed to the ELCO Water District. Boxelder Sanitation District No, sales tax is not assessed to the Boxelder Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. Annexation FAQ 5 What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2015: State of Colorado 2.9% Larimer County 0.65% Total Sales Tax (Larimer County) 3.55% City of Fort Collins 3.85% 3.85% Tax includes x 2.25% Base Rate x .25% Community Capital Improvement Program (Expires 2025) x .25% Street Maintenance (Expires 2025) x .25% Open Space (Expires 2030). x .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.40% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Jennifer Poznanovic, jpoznanovic@fcgov.com Annexation FAQ 6 6. Other Commonly Asked Questions Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? x Faster police response time x Voting for a Mayor and Council Member (District 3) x Less Expensive Electric Rates x Urban level services x Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://clients.comcate.com/newrequest.php?id=150 you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. -1- RESOLUTION 2018-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST GATEWAY ANNEXATION WHEREAS, pursuant to Resolution 2018-041, annexation proceedings were initiated by the City Council for property to be known as the East Gateway Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on June 5, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 075, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-041 finding substantial compliance and initiating annexation proceedings for the East Gateway Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-057 setting forth findings of fact and determinations regarding the East Gateway Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the East Gateway Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2018-041 and Resolution 2018-057 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; -2- THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East Gateway Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service -3- lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The 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 thereon. labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Vicinity Map City Limits - Outline City Limits Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area ATTACHMENT 1 ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS 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 thereon. labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Structure Plan Map City Limits - Outline Commercial Corridor District Industrial District Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area POL LMN CG I ATTACHMENT 3 ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW I CG LMN CC I UE East Gateway Annexation CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22 Miles Scale 1:6,000 © Zoning Map City Limits - Outline City Limits Community Commercial (CC) General Commercial (CG) Industrial (I) Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) Annexation Area Cloverleaf Community Air Care Colorado Sunstate Equipment Annexation Area ATTACHMENT 2 ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The 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 thereon. labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Vicinity Map City Limits - Outline City Limits Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area ATTACHMENT 1 McMurry Natural Area Prospect Ponds Natural Area North Shields Ponds Natural Area Homestead Natural Area Udall Natural Area Salyer Natural Area Magpie Meander Natural Area Springer Natural Area River's Edge Natural Area Gustav Swanson Natural Area Williams Natural Area 0 1 2 3Miles GMA Boundary Poudre River Parks Natural Areas I Properties to be Included in the Important Bird Area Designation Exhibit A 1 Packet Pg. 230 Attachment: Exhibit A (6847 : Poudre River IBA RESO) ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS 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 thereon. labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Structure Plan Map City Limits - Outline Commercial Corridor District Industrial District Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area POL LMN CG I ATTACHMENT 2 12.2 Packet Pg. 218 Attachment: Structure Plan Map (6825 : East Gateway Zoning) ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW I CG LMN CC I UE East Gateway Annexation CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22 Miles Scale 1:6,000 © Zoning Map City Limits - Outline City Limits Community Commercial (CC) General Commercial (CG) Industrial (I) Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) Annexation Area Cloverleaf Community Air Care Colorado Sunstate Equipment Annexation Area ATTACHMENT 1 12.1 Packet Pg. 217 Attachment: Zoning Map (6825 : East Gateway Zoning) ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The 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 thereon. labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Vicinity Map City Limits - Outline City Limits Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area ATTACHMENT 1 11.1 Packet Pg. 187 Attachment: Vicinity Map (6824 : East Gateway Annexation) Fort Loveland Collins - Separator Fort Wellington Collins - Separator Stadium CSU Carpenter CSU FRCC City Structure Plan Printed: May 29, 2018 Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits County Boundary Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) 0 0.5 1 1.5 2Miles Adopted: February 18, 1997 Amended: January 6, 2015 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. EXHIBIT A 1 Packet Pg. 180 Attachment: Exhibit A (6852 : Aweida Zoning - Structure Plan Map RESO) labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Structure Plan Map City Limits - Outline Buildings Urban Estate Low Density Mixed-Use Neighborhoods Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 3 10.3 Packet Pg. 172 Attachment: Structure Plan map (6823 : Aweida Zoning) 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 thereon. labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Zoning Map City Limits - Outline City Limits Buildings Low Density Mixed-Use Neighborhood (LMN) Low Density Residential (RL) Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 2 10.2 Packet Pg. 171 Attachment: Zoning map (6823 : Aweida Zoning) labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Vicinity Map City Limits - Outline City Limits Buildings Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 1 10.1 Packet Pg. 170 Attachment: Vicinity map (6823 : Aweida Zoning) labeling 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 not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Vicinity Map City Limits - Outline City Limits Buildings Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 1 9.1 Packet Pg. 152 Attachment: Vicinity map (6822 : Aweida Annexation) $925,083 $485,210 66% Section 3. That, subject to the appropriation of funds by the City Council, the City Manager is hereby authorized to execute any agreements necessary to implement the funding allocations described herein on term and conditions consistent with this Resolution, along with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City. Prevention & 1st Month’s Rent $80,000 $80,000 $0 100% Neighbor to Neighbor: Housing Counseling $60,000 $35,000 $25,000 58% Partnership for Age-Friendly Communities: A Little Help $40,000 $18,000 $22,000 45% Project Self-Sufficiency: Creating Pathways to Self-Sufficiency $35,000 $30,000 $5,000 86% $10,000 $4,200 $5,800 42% B.A.S.E. Camp: Childcare Scholarships $70,000 $52,500 $17,500 75% Boys & Girls Clubs of Larimer County: Great Futures Start Here $30,000 $23,000 $7,000 77% CASA Program: Court Appointed Special Advocates $34,250 $16,500 $17,750 48% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $51,000 $9,000 85% TEAM Wellness and Prevention: Engaging Families for Prevention $25,500 $0 $25,500 0% The Family Center/La Familia: Childcare Scholarship Program $50,000 $42,000 $8,000 84% The Growing Project: Gardening Education & Healthy Food Access for Youth $21,500 $6,000 $15,500 28% The Matthews House: Building Employment Skills $8,100 $3,000 $5,100 37% The Matthews House: Empowering Youth Program $30,000 $20,000 $10,000 67% The Salvation Army: Rent & Utility Assistance $20,000 $0 $20,000 0% Turning Point Center for Youth and Family Development: Crisis Intervention Services $30,000 $13,000 $17,000 43% Voices Carry Child Advocacy Center: Family Advocacy & Victim Services $26,500 $23,000 $3,500 87% 7 Packet Pg. 111 The Center for Family Outreach: Scholarship Program $10,000 $5,000 $5,000 50% ChildSafe Colorado: Child Sexual Abuse Treatment Program $43,265 $38,000 $5,265 88% ChildSafe Colorado: Capital Campaign (Public Facility) $50,000 $0 $50,000 0% Colorado Health Network: Northern Colorado AIDS Project (NCAP) $15,000 $7,500 $7,500 50% Crossroads Safehouse: Advocacy Project $60,137 $39,500 $20,637 66% Disabled Resource Services: Access to Independence $33,074 $33,074 $0 100% 7 Packet Pg. 110 $214,642 $214,642 $0 100% City of Fort Collins: HOME Administration/Planning $95,607 $95,607 $0 100% Administration/Planning Total $310,249 $310,249 $0 100% 7 Packet Pg. 109 $1,576,344 *. In the Human (Public) Service and Public Facility category 39 applications were received totaling $1,410,293. There is a shortage in Human (Public) Service dollars of $485,210. The following table summarizes the amount of funding requests compared to the amount of funding available for each of the categories: 7 Packet Pg. 108 6 Packet Pg. 98