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COUNCIL - COMPLETE AGENDA - 07/18/2017 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting July 18, 2017 (Amended 7/17/17) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring August 1, 2017, as Neighborhood Night Out. B. Proclamation Declaring July 22-28, 2017, as Flood Awareness Week. C. Proclamation Declaring the Week of July 16, 2017, as Lions Club Week. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Second Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming Not Included in the 2017 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $10,790,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit the citizens of Fort Collins. 2. Second Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $143,563 in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup from the May 18 and 19 spring snowstorm to various City funds. This appropriation request will be used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work for other departments" costs that cannot be recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup. 3. Second Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999 Restoration of the Northern Hotel. This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes the release of a collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures performance obligations contained within the Northern Hotel Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is requested by the property owner, an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an affordable housing developer with a strong local presence. 4. Second Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes. This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes conveyance of a utility easement and an amended access easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River. The City has asked Public Service to realign its access easement to the regulator station and formalize its utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes. 5. Second Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not Expended and Not Encumbered in 2016. This Ordinance, unanimously adopted on First Reading on July 5, 2017, reappropriates 2016 appropriations authorized by City Council that lapsed at the end of 2016. The authorized expenditures were not spent or could not be encumbered in 2016 because: there was not sufficient time to complete bidding in 2016 and, therefore, there was no known vendor or binding contract as required to expend or encumber the monies the project for which the dollars were originally appropriated by Council could not be completed during 2016 and reappropriation of those dollars is necessary for completion of the project in 2017 to carry on programs, services, and facility improvements in 2017 with unspent dollars previously appropriated in 2016. City of Fort Collins Page 4 6. First Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a Federal Emergency Management Agency Grant for Acquisition and Remediation of Property Adjoining the Downtown Whitewater Park Area. The purpose of this item is to appropriate a $232,509 Federal Emergency Management Agency (FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has been previously appropriated by the City. The funds will pay for the acquisition and remediation of a property adjoining the downtown whitewater park area. 7. First Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. The purpose of this item is to amend the Traffic Code to allow for the immediate removal and impoundment of vehicles on public streets and alleys as a means of enforcing violations to the Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium events. The Code change would also allow the City to create new tow-away zones, if needed in the future. 8. First Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on Yards. The purpose of this item is to consider an Ordinance that allows for immediate ticketing for parking on yards during Colorado State University (CSU) game days and major stadium events. 9. First Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In Conjunction With the November 7, 2017 Larimer County Coordinated Election. The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot relating to Charter amendments, it would need to do so no later than August 29 in order to meet statutory requirements for publication. If Council does not take action by ordinance or resolution before the statutory deadline (September 8) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 7, 2017 Coordinated Election. 10. First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. 11. First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort Collins. The Initiating Resolution was adopted on consent, June 6, 2017. The property is situated between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the west of the Homestead PUD. City of Fort Collins Page 5 12. First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. 13. Resolution 2017-066 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton First Annexation. The purpose of this item is to initiate annexation proceedings for the Newton First Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton First Annexation is the first Resolution of this series of sequential annexations, for a total of 1.4463 acres. Newton First Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 14. Resolution 2017-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton Second Annexation. The purpose of this item is to initiate annexation proceedings for the Newton Second Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton Second Annexation is the second and last Resolution of this series of sequential annexations. Newton Second Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 15. Resolution 2017-068 Approving the Assignment of the Purchase and Sale Agreement Between the City and the Housing Authority of the City of Fort Collins for the Purchase of 1506 West Horsetooth Road, Fort Collins, Colorado, to Village on Horsetooth, LLLP. The purpose of this item is to consider a request from Fort Collins Housing Authority, dba Housing Catalyst (Authority) to assign its interest in the Purchase and Sale Agreement for the purchase of 1506 West Horsetooth Road, to Village on Horsetooth, LLLP. On March 1, 2016, City Council adopted Ordinance No. 025, 2016, authorizing the conveyance of the property to the Authority. The Ordinance specifically authorized the sale to the Authority. 16. Resolution 2017-069 Authorizing the City Manager to Execute an Agreement between the City of Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization to Use a Portion of Pretreated Wastewater in Cooling Towers. The purpose of this item is to consider an agreement to allow New Belgium Brewing Company, Inc. (NBB) to use a portion of pretreated wastewater from its on-site water treatment plant to run through cooling towers for a 12-month pilot period. NBB has requested permission to gather more data in order to determine the feasibility of operating the system on a long-term basis. This pilot period also allows Utilities an opportunity to evaluate this type of system for long term program development. This system was also tested for a period of 30 days last year in October pursuant to a separate agreement authorized under Resolution 2016-061. During that test period NBB and Utilities gathered positive data and NBB would like the opportunity to fine tune the system. NBB agrees to abide by all local and state regulation for the test period and the plan has been reviewed extensively by City staff. City of Fort Collins Page 6 17. Resolution 2017-071 Supporting the Grant Application for an Inspire Grant From the State Board of Great Outdoors Colorado Trust Fund. The purpose of this item is for Council to offer its support of an implementation grant application submitted by the City for Great Outdoors Colorado (GOCO) Inspire Initiative, a funding opportunity that focuses on connecting youth and their families to the outdoors in underserved communities. GOCO requires a resolution by City Council supporting the implementation grant application. 18. Resolution 2017-070 Approving Fort Fund Grant Disbursements. 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. 19. Resolution 2017-072 Appointing Arsineh Hecobian to the Air Quality Advisory Board of the City of Fort Collins. The purpose of this item is to appoint Arsineh Hecobian to fill a vacancy that currently exists on the Air Quality Advisory Board due to the resignation of Robert Kirkpatrick. Arsineh Hecobian’s term is to begin immediately and is set to expire on December 31, 2018. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS A. Michigan Ditch Video. (staff: Jon Haukaas) 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. 20. First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. (staff: Jeff Mihelich; 5 minute staff presentation; 30 minute discussion) The purpose of this item is to consider changes to Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. 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.) Discussion regarding a possible Charter amendment that would modify the jurisdiction of Municipal Court to eliminate the potential for civil claims. B. Consideration of a motion to amend the Call of Special Meeting for 6:00 p.m., Tuesday, August 8, 2017. City of Fort Collins Page 8 ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, July 25, 2017. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the first Tuesday night in August is celebrated across the nation as National Night Out; and WHEREAS, the City of Fort Collins sponsors a unique community celebration program on August 1, 2017 called “Neighborhood Night Out;” and WHEREAS, Neighborhood Night Out provides an exceptional opportunity for residents throughout the city to join their neighbors in promoting community through welcoming and safe neighborhoods; and WHEREAS, the City of Fort Collins plays a vital role in assisting with neighborhood community building and quality of life within Fort Collins by supporting “Neighborhood Night Out”; and WHEREAS, it is essential that all citizens of Fort Collins be aware of the importance that their participation can have on the safety and enjoyment of their neighborhood; and WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to help make our community a safe and enjoyable place to live, work and play. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Tuesday, August 1, 2017, as NEIGHBORHOOD NIGHT OUT IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, April to September is the season most commonly associated with snowmelt flooding and thunderstorm flash flooding; and WHEREAS, Fort Collins has experienced the social, economic and environmental consequences of loss of life and damage to property caused by flood disasters; and WHEREAS, emergency preparedness depends on the leadership and efforts of public officials dedicated to public safety and requires the establishment of farsighted and proactive public policy; and WHEREAS, Fort Collins Utilities was recently awarded a Community Rating System Class 2 designation by the Federal Emergency Management Agency, recognizing the City’s comprehensive Stormwater and Floodplain Management Program; and WHEREAS, by informed, prepared, and taking proper protective action, the residents of Fort Collins can reduce the potential for loss of life and damage to property when threatened by flood events, and WHEREAS, July is the 20 th anniversary of the 1997 Spring Creek Flood and Fort Collins Utilities will commemorate this tragedy through events and public outreach activities to educate the public on safety, mitigation and emergency preparedness. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of July 22-28, 2017, as FLOOD AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, Lions Clubs International was officially founded June 7, 1917, and is celebrating its Centennial Year; and WHEREAS, the organization has expanded to become the world’s largest service club organization in the world, with over 1.4 million members in over 200 countries or geographic areas; and WHEREAS, since 1920, Lions Clubs have been serving the community in Fort Collins; and WHEREAS, Lions serve those in need through programs in Vision, Diabetes, Youth, Hunger, Disabilities and other valuable services. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of July 16, 2017, to be LIONS CLUB WEEK in Fort Collins and encourage our citizens to show their appreciation for the dedicated members of the Fort Collins Lions Clubs. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF John Stokes, Natural Resources Director Mark Sears, Natural Areas Manager Barb Brock, Natural Areas Financial Coordinator SUBJECT Second Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming Not Included in the 2017 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $10,790,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2017 (PDF) 2. Ordinance No. 085, 2017 (PDF) 1 Packet Pg. 11 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF John Stokes, Natural Resources Director Mark Sears, Natural Areas Manager Barb Brock, Natural Areas Financial Coordinator SUBJECT First Reading of Ordinance No. 085, 2017, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming Not Included in the 2017 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $10,790,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Area Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Funding for the Natural Areas Department (NAD) for purposes other than capital projects, lapses each year if not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used (any unspent funds are characterized at the end of the fiscal year as prior year reserves). Of the total appropriation, $9,130,088 will be used for land conservation. Over $9,000,000 in land acquisitions are under negotiation; there is a reasonable likelihood that most of these funds will be spent in 2017. In addition to prior year reserves and unspent 2016 appropriations, NAD received $1,241,088 in unanticipated revenues; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2017 adopted City Budget. The funds for NAD come from the following designated sources of revenue, including: the City - Open Space Yes! ¼ Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax revenues, easements, leases or grants. The prior year reserve funds being appropriated in this Ordinance are more specifically described: $ 9,548,912 Unspent 2016 Budgeted Funds - being reappropriated for same purpose $ 1,241,088 Unanticipated Revenues $ 10,790,000 Prior Year 2016 Reserves ATTACHMENT 1 1.1 Packet Pg. 12 Attachment: First Reading Agenda Item Summary, July 5, 2017 (5755 : SR 085 NA Reappropriation) Agenda Item 10 Item # 10 Page 2 The anticipated use of these funds is as follows: Land Conservation - $9,130,088 will fund land conservation efforts per the Natural Areas Master Plan (including $1,030,088 in unanticipated revenue). Resource Management - $880,100 in unspent 2016 funds will fund restoration of Udall & Kingfisher Natural Areas, including wetland mitigation and seed. Public Improvements - $290,000 will fund: ADA parking and trail improvements at Riverbend Ponds Natural Area Cherly Street trailhead Drainage improvements at the south parking lot in Soapstone Natural Area McMurry Natural Area ‐ Poudre River Bridge repairs and new railing A used tandem axle dump truck Trail improvements at Goose Hollow Natural Area Coyote Ridge Natural Area ‐ additional parking spaces (funded with $40,000 of unanticipated revenue) Facility Operations - $16,000 will fund removal of hazardous trees around the Bobcat Ridge Natural Area ranger house (funded with unanticipated revenue) Land Management - $115,000 will fund: $15,000 in administrative costs for Nature in the City A utility off trail vehicle for Soapstone Repair damages from the 2013 flood at Soapstone Prairie Natural Area (funded with $50,000 in unanticipated revenue) Prairie Dog sylvatic plague management at Soapstone Prairie Natural Area (funded with $20,000 of unanticipated revenue) Department Management - $85,000 will replenish contingency funds that have been spent on an Organizational Assessment and other unanticipated department needs (funded with unanticipated revenue). White Water Park - $273,812 in unspent 2016 funds will help fund the restoration of Poudre River. CITY FINANCIAL IMPACTS The Ordinance increases 2017 appropriations in the City’s Natural Areas Fund by $10,790,000. The requested appropriation of $10,790,000 in the Natural Areas Fund represents 2016 appropriations that were unspent and unencumbered at year-end 2016 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION At its June 14, 2017 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend that City Council approve the appropriation. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS 1. Land Conservation & Stewardship Board minutes (draft), June 14, 2017 (excerpt) (PDF) 1.1 Packet Pg. 13 Attachment: First Reading Agenda Item Summary, July 5, 2017 (5755 : SR 085 NA Reappropriation) -1- ORDINANCE NO. 085, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND FOR THE PURPOSE OF LAND CONSERVATION, PUBLIC IMPROVEMENTS AND RELATED NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2017 ADOPTED CITY BUDGET WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of City Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, City staff has determined that the appropriations as described herein are available and previously unappropriated in the Natural Areas Fund; and WHEREAS, City staff has recommended the appropriation from prior year reserves in the Natural Areas Fund of a total of $10,790,000, comprised of $9,548,912 in unspent and unencumbered appropriations from 2016 and $1,241,088 in unanticipated revenue and prior year reserves, to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 1.2 Packet Pg. 14 Attachment: Ordinance No. 085, 2017 (5755 : SR 085 NA Reappropriation) -2- Section 2. That there is hereby appropriated from prior year reserves in the Natural Areas Fund the sum of TEN MILLION SEVEN HUNDRED NINETY THOUSAND DOLLARS ($10,790,000) to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 15 Attachment: Ordinance No. 085, 2017 (5755 : SR 085 NA Reappropriation) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Mike Calhoon, Parks Supervisor SUBJECT Second Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2017, appropriates $143,563 in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup from the May 18 and 19 spring snowstorm to various City funds. This appropriation request will be used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work for other departments" costs that cannot be recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (PDF) 2. Ordinance No. 086, 2017 (PDF) 2 Packet Pg. 16 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF Mike Calhoon, Parks Supervisor SUBJECT First Reading of Ordinance No. 086, 2017, Appropriating Prior Year Reserves in the General Fund for Transfer to Various City Funds for Tree and Branch Cleanup Expenses. EXECUTIVE SUMMARY The purpose of this item is to appropriate $143,563 in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup from the May 18th and 19th spring snowstorm to various City funds. This appropriation request will be used for the incremental costs (direct costs) associated with the cleanup effort but not covered in the operating budget. This includes personnel overtime and planned "work for other departments" costs that cannot be recouped, as well as other incremental costs associated with contractors, equipment rental, fuel, etc. that are uniquely and directly related to the snowstorm cleanup. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The snowstorm began Thursday, May 18, 2017 and lasted through Friday, May 19, 2017. During that time 6 inches to 9 inches of heavy wet snow fell across the city. Warm pavement conditions made snow removal easier but heavy snow damaged trees throughout the city. The most damage occurred on the Colorado State University campus but extended north and south of the campus throughout the community. There was substantial damage to trees throughout Fort Collins that impacted rights-of-way, residential areas, City trees, City parks, cemeteries, golf courses and downtown Fort Collins. The organization quickly transitioned from snow removal to debris cleanup mode to clear roads of debris and address critical safety hazards. The City offered two locations for citizens to drop off branches. The City's Streets Facility was open during daylight hours and Hoffman Mill was open 7am to 5pm Monday thru Friday. The drop-off sites were open for two weeks to allow residents to clean and haul their branches in for recycling. Grinding operations will begin the last week of June with free mulch becoming available by mid-July. Corrective pruning operations utilizing Forestry crews will continue through July. CITY FINANCIAL IMPACTS The table below displays the preliminary cost estimates for the tree branch cleanup. The total appropriation requested from General Fund reserves is a maximum of $143,563. The incremental costs include contractual pruning, equipment rental, overtime, fuel and equipment costs. Redeployed costs will be absorbed by the individual Department/Division. ATTACHMENT 1 2.1 Packet Pg. 17 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5756 : SR 086 Storm Cleanup) Agenda Item 11 Item # 11 Page 2 Department/Division Redeployed Incremental Total Cost Cost Cost Streets $ 26,381 $ 21,543 $ 47,924 Utilities $ 1,243 $ 2,556 $ 3,799 Parks $ 11,925 $ 1,071 $ 12,996 Forestry $ 68,603 $118,393 $186,996 Total Storm Cost $108,152 $143,563 $251,715 General Fund reserves should be transferred as follows: Utilities Fund (Stormwater) $ 2,556 Transportation Fund (Streets) $ 21,543 General Fund (Parks and Forestry) $119,464 Approval of this appropriation will reduce prior year General Fund reserves by a maximum of $143,563. 2.1 Packet Pg. 18 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5756 : SR 086 Storm Cleanup) -1- ORDINANCE NO. 086, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR TRANSFER TO VARIOUS CITY FUNDS FOR TREE AND BRANCH CLEANUP EXPENSES WHEREAS, heavy wet snow fell across Fort Collins on May 18 and 19, 2017 damaging trees and breaking branches throughout the City; and WHEREAS, the extensive tree damage throughout the City impacted rights-of-way, residential areas, City trees, City parks, cemeteries, golf courses and downtown Fort Collins; and WHEREAS, City staff and crews of various departments quickly responded to the tree damage by clearing the roads of debris and addressed critical safety hazards; and WHEREAS, the City offered two locations for citizens to drop off branches for a period of two weeks after the storm; and WHEREAS, all tree and branch debris collected by the City or dropped off at one of the drop off locations, will be mulched and will be available in a “Free Mulch Giveaway” by mid- July; and WHEREAS, the above tree and branch cleanup efforts are expected to result in unanticipated costs in the amount of $251,715, of which $143,563 cannot be covered within the existing 2017 budget; and WHEREAS, this Ordinance appropriates $143,563 from General Fund prior year reserves for transfer to the following funds for tree and branch cleanup costs: Storm Drainage Fund $ 2,556 Transportation Services Fund 21,543 General Fund 119,464 Total $ 143,563 ; and WHEREAS, the City Council finds that expending funds from the Storm Drainage Fund relates to and benefits the utility rate payers by assisting in efforts to clear tree branches and debris from City streets; 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 2.2 Packet Pg. 19 Attachment: Ordinance No. 086, 2017 (5756 : SR 086 Storm Cleanup) -2- WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, City staff has determined that the appropriations as described herein are available and previously unappropriated in the General Fund and the City Manager recommends transferring the appropriated amount to cover the costs of the tree and branch cleanup. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of ONE HUNDRED NINETEEN THOUSAND FOUR HUNDRED SIXTY-FOUR DOLLARS ($119,464) for tree and branch cleanup costs in the Parks and Forestry departments. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of TWENTY-FOUR THOUSAND NINETY-NINE DOLLARS ($24,099) for transfer to the following funds: Storm Drainage Fund $ 2,556 Transportation Services Fund 21,543 Total $ 24,099 and appropriated therein for tree and branch cleanup costs in each fund. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 20 Attachment: Ordinance No. 086, 2017 (5756 : SR 086 Storm Cleanup) -3- Passed and adopted on final reading on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 21 Attachment: Ordinance No. 086, 2017 (5756 : SR 086 Storm Cleanup) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Patrick Rowe, Redevelopment Program Coordinator SUBJECT Second Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999 Restoration of the Northern Hotel. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes the release of a collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures performance obligations contained within the Northern Hotel Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is requested by the property owner, an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an affordable housing developer with a strong local presence. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (PDF) 2. Ordinance No. 087, 2017 (PDF) 3 Packet Pg. 22 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Patrick Rowe, Redevelopment Program Coordinator SUBJECT First Reading of Ordinance No. 087, 2017, Authorizing the Release of a Collateral Assignment of Note and Deed of Trust which Secures Performance of Certain Obligations Related to the 1999 Restoration of the Northern Hotel. EXECUTIVE SUMMARY The purpose of this item is to authorize the release of a collateral assignment of the Note and Deed of Trust made by Funding Partners/NDC, in favor of the City of Fort Collins which secures performance obligations contained within the Northern Hotel Restoration Agreement, dated November 15, 1999. The release of the collateral assignment is requested by the property owner, an affiliate of Funding Partners and the National Development Council, in order to facilitate the sale and transfer of ownership of the Northern Hotel to an affiliate of Hendricks Communities LLC, an affordable housing developer with a strong local presence. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In the 1970s a fire left a majority of the Northern Hotel in a condition of vacancy and disrepair, and portions of the building were left in a condemned state. Following a series of failed attempts to restore the hotel, in the late 1990’s, Funding Partners for Housing Solutions and the National Development Council (NDC) created a development partnership (the Developer) with the aim of restoring the hotel as a cornerstone of the downtown area while also adding affordable housing for the community. In support of this effort, the City and the Downtown Development Authority (DDA) pledged $1,001,000 in support to the project (total project costs were estimated to be $9,692,823). The public support was memorialized in the Northern Hotel Restoration Agreement (the Agreement) and was conditioned on the development of forty-seven (47) affordable residential units, which were to remain affordable for a twenty-year period, historic character facade improvements, the development of 13,800 square feet of commercial space, and other obligations. (Attachments 2 and 3) To assure compliance of Restoration Agreement obligations, the City was collaterally assigned a note and deed of trust against the property, thereby providing the City the recourse of foreclosure in the event of default. Once the Restoration Agreement terms have been satisfied, the collateral assignment becomes null and void. Recently the City received a request from Funding Partners for the release of the collateral assignment to facilitate the sale of the property to an affiliate of Hendricks Communities, a preferred affordable housing partner with a positive track record with the City. Hendricks Communities plans to acquire the property with a new allocation of low income housing tax credits, provide substantial rehabilitation to improve the livability of the units, and commit to an additional 20 years of affordability. ATTACHMENT 1 3.1 Packet Pg. 23 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5757 : SR 087 Northern Hotel Release) Agenda Item 12 Item # 12 Page 2 At present, all Restoration Agreement obligations have been satisfied with the exception of the remaining/ongoing requirement that the forty-seven (47) residential units remain affordable for a period of twenty (20) years from final certificate of occupancy of the project, determined to be November 15, 2021. In addition to the Restoration Agreement, the affordability of the forty-seven (47) units is separately assured through a separate Low-Income Housing Tax Credit Land Use Restriction Agreement (LURA) executed with the Colorado Housing and Finance Authority as a condition of receiving Low Income Housing Tax Credit Financing. The LURA warrants affordability of the 47 units through the year 2041. (Attachment 4) Additionally, Hendricks Communities LLC has received funding allocations of $675,000 in City Affordable Housing Fund dollars through the 2016 and 2017 Competitive Process, which also carry affordability restrictions. Both the Affordable Housing Board and Community Development Block Grant (CDBG) Commission recommended funding to be used towards necessary improvement costs. Upon deployment of these funds, the City and developer will execute a Promissory Note, Deed of Trust, and Agreement of Restrictive Covenants requiring an additional 20 years of affordability. Although the City is forgoing the superior foreclosure recourse made available through the collateral assignment, staff believes the existing restrictions and planned future restrictions adequately protect the remaining 4 years of affordability required under the Restoration Agreement, and go much further by extending the affordability protections far into the future (2041 for the existing LURA restriction and an additional 20 years from award for City Affordable Housing Funds). Given the positive benefits of the sale of the Northern Hotel to a community partner in affordable housing, the additional affordable restrictions related to the forty-seven (47) low income housing units, and the full satisfaction of the other Restoration Agreement obligations, staff recommends the collateral assignment be released and discharged. CITY FINANCIAL IMPACTS None. The City-DDA investment in the Northern Hotel renovation project was made in 1999 using City General Fund dollars and Downtown Development Authority tax increment. BOARD / COMMISSION RECOMMENDATION In both the 2016 and 2017 Competitive Process funding allocation cycles, the Affordable Housing Board and CDBG Commission recommended funding Hendricks Communities LLC $250,000 and $425,000 respectively for necessary repairs and improvements to the Northern Hotel. (Attachments 5, 6, and 7) ATTACHMENTS 1. Northern Hotel location map and picture (PDF) 2. Restoration Agreement (PDF) 3. Restoration Agreement Compliance Summary, May 2, 2017 (PDF) 4. Land Use Restriction Agreement (PDF) 5. Affordable Housing Board Recommendations, March 2016 (PDF) 6. CDBG Commission Deliberations (excerpt), April 14, 2016 (PDF) 7. CDBG Recommendations(excerpt), April 2017 (PDF) 3.1 Packet Pg. 24 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5757 : SR 087 Northern Hotel Release) -1- ORDINANCE NO. 087, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE RELEASE OF A COLLATERAL ASSIGNMENT OF NOTE AND DEED OF TRUST WHICH SECURES PERFORMANCE OF CERTAIN OBLIGATIONS RELATED TO THE 1999 RESTORATION OF THE NORTHERN HOTEL WHEREAS, in the 1970s, a fire left most of the Northern Hotel (the “Hotel”) in a condition of vacancy and disrepair, and portions of it were left in a condemned state; and WHEREAS, in the late 1990s, Funding Partners for Housing Solutions and the National Development Council created a development partnership (the “Developer”) to restore the Hotel as a cornerstone of the downtown area while also adding affordable housing for the community (the “Project”); and WHEREAS, to support the Project, the City contributed $1,001,000 toward the total Project costs of approximately $9.7 million; and WHEREAS, the City’s support of the Project was memorialized in a November 1999 Northern Hotel Restoration Agreement between the City and the Developer that was (the “Agreement”); and WHEREAS, the Agreement required the Developer to satisfying several obligations related to the Project and future use of the Hotel, including the development of forty-seven affordable residential units in the Hotel to remain affordable for a twenty-year period, historic character facade improvements and the development of 13,800 square feet of commercial space in the Hotel (“Project Obligations”); and WHEREAS, to secure its performance of the Project Obligations, the Developer assigned to the City a $1,001,000 promissory note and deed of trust encumbering the Hotel and did so under that Collateral Assignment of Note and Deed of Trust recorded with the Agreement on November 18, 1999, at Reception #0099098903 in the Larimer County, Colorado records (the “Collateral Assignment”); and WHEREAS, the Collateral Assignment was subsequently amended and restated by the City and the Developer by that certain Amended and Restated Collateral Assignment of Note and Deed of Trust” dated May 10, 2000, recorded on May 22, 2000, at Reception #2000033228 in the Larimer County, Colorado records (the “Amended Collateral Assignment”); and WHEREAS, the City has recently received a request from the Developer for the release of the Collateral Assignment and the Amended Collateral Assignment to facilitate the sale of the Hotel to an affiliate of Hendricks Communities, a preferred affordable housing partner with a positive track record with the City; and WHEREAS, Hendricks Communities plans to acquire the Hotel with a new allocation of low-income housing tax credits in order to fund a substantial rehabilitation of the Hotel to improve the livability of its affordable housing units, which will require Hendricks to commit to 3.2 Packet Pg. 25 Attachment: Ordinance No. 087, 2017 (5757 : SR 087 Northern Hotel Release) -2- an additional twenty years of affordability for those units (“Tax Credit Affordability Obligation”); and WHEREAS, all of the Project Obligations have been satisfied except for the requirement that forty-seven residential units in the Hotel remain affordable for twenty years from the date of the issuance of the final certificate of occupancy for the Project, which twenty-year period will end on November 15, 2021 (“City Affordability Obligation”); and WHEREAS, in addition to the City Affordability Obligation, the affordability of the forty-seven units is currently required through a separate Low-Income Housing Tax Credit Land Use Restriction Agreement (the “LURA”) executed with the Colorado Housing and Finance Authority as a condition of receiving Low Income Housing Tax Credit Financing for the Project and the LURA requires affordability of the forty-seven units through the year 2041 (the “LURA Affordability Obligation”); and WHEREAS, Hendricks Communities has also recently been approved for an award of $675,000 in City Affordable Housing Fund dollars to be used for the proposed Hotel renovation awarded in the City’s 2016 and 2017 competitive process, and to receive these funds Hendricks Communities will be required to execute a promissory note, deed of trust, and a restrictive covenants agreement requiring an additional twenty years of affordability for the forty-seven affordable units (the “Affordable Housing Fund Obligation”); and WHEREAS, while the release of the Collateral Assignment and the Amended Collateral Assignment will eliminate security helping to insure compliance with the City Affordability Obligation, the remaining LURA Affordability Obligation and the new Tax Credit Affordability Obligation and the Affordable Housing Fund Obligation will continue to provide security helping insure that the forty-seven affordable units in the Hotel will remain affordable for many years to come; and WHEREAS, given the positive benefits of the sale of the Hotel to Hendricks Communities, a community partner in affordable housing, who will be making substantial improvements to the Hotel and considering that all but one of the Project Obligations have been satisfied, City staff recommends the Collateral Assignment and Amended Collateral Assignment be released and discharged; and WHEREAS, since the Collateral Assignment and Amended Collateral Assignment constitute a lien against the Hotel, they are considered under Code Sections 23-110 and 23-111 to be an interest in real property that can only be disposed of by City Council by ordinance if Council first finds such disposition to be in the best interests of the City; and WHEREAS, the City Council hereby finds that the release and discharge of the Collateral Assignment and the Amended Collateral Assignment is in the best interests of the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 3.2 Packet Pg. 26 Attachment: Ordinance No. 087, 2017 (5757 : SR 087 Northern Hotel Release) -3- 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 execute such documents and to take such other actions as necessary to fully release and discharge any and all interests the City has in the Collateral Assignment and in the Amended Collateral Assignment, consistent with the terms and purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 27 Attachment: Ordinance No. 087, 2017 (5757 : SR 087 Northern Hotel Release) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT Second Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2017, authorizes conveyance of a utility easement and an amended access easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River. The City has asked Public Service to realign its access easement to the regulator station and formalize its utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (PDF) 2. Ordinance No. 089, 2017 (PDF) 4 Packet Pg. 28 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT First Reading of Ordinance No. 089, 2017, Authorizing the Conveyance of an Amended Access Easement and a Utility Easement on City-Owned Property at Gustav Swanson Natural Area to Public Service Company of Colorado in Exchange for the Dedication of Land for Trail Purposes. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of a utility easement and an amended access easement to Public Service Company on Gustav Swanson Natural Area. Public Service Company provides natural gas service to a large portion of Fort Collins residents from a downtown regulator station along the Poudre River. The City has asked Public Service to realign its access easement to the regulator station and formalize its utility easements as part of the pending Whitewater Park project. Public Service is also dedicating almost 2,000 square feet of land for trail purposes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Parks and Real Estate Services staff has been engaged in acquiring fee title and easement interests along East Vine Drive for the Whitewater Park during the past three years. As part of the whitewater park project, the City asked Public Service Company of Colorado (PSCo), an Xcel Energy company, to realign an existing access easement, formalize two utility easements that cross Gustav Swanson Natural Area and dedicate land for trail purposes. PSCo owns an inholding, a regulator station, in the midst of the area slated for the Whitewater Park. (Note: this portion of the planned park is currently part of Gustav Swanson Natural Area.) PSCo holds an existing 15 foot- wide access easement across a gravel road from East Vine Drive to its regulator station (Book 825 Page 530, warranty deed recorded November 25, 1946). PSCo also owns an aboveground electric line and underground gas line that service the regulator station and run parallel to the access road. As designs for the Whitewater Park came together, Parks staff recognized a need to acquire a strip of the regulator station for the extension of the Poudre River trail on the River’s north bank. Staff also wants to realign the current access road to accommodate proposed emergency and public access from Vine Drive. The access road will be rerouted around a wetland and expanded from 15 feet to 20 feet to accommodate PSCo’s use, as well as public pedestrian and bicycle use and emergency services. Staff discovered during the Whitewater Park platting process that no formal recorded document exists specifically for either the electric line or gas line. However, the utility lines have been referenced in documents dating back to the 1940s. Discussions with PSCo have proven successful. PSCo is willing to dedicate the 1,929 square feet (0.044 acre) of land for the trail and is willing to relocate its access. In order to establish easements of record for the utility ATTACHMENT 1 4.1 Packet Pg. 29 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5759 : SR 089 Gustav Swanson NA Easements) Agenda Item 14 Item # 14 Page 2 lines, staff has proposed (and PSCo has been amenable to) conveyance of an easement that will document the utilities’ precise locations and uses. PSCo has been supportive of the Whitewater Park project and staff believes it is in the City’s best interests to proceed with the easements. CITY FINANCIAL IMPACTS Given PSCo’s willingness to convey the 1,929 square feet of land for the Whitewater Park and the existence of the access and utility lines for many decades, the access easement amendment and utility easement formalization will be granted to PSCo at no cost. BOARD / COMMISSION RECOMMENDATION At its June 14, 2017 meeting, the Land Conservation and Stewardship Board voted to recommend City Council authorize the access easement amendment and utility easements for PSCo across Gustav Swanson Natural Area. ATTACHMENTS 1. Project Location Map (PDF) 2. Easement Location Map (PDF) 3. Land Conservation & Stewardship Board minutes (excerpt), June 14, 2017 (draft) (PDF) 4.1 Packet Pg. 30 Attachment: First Reading Agenda Item Summary, July 5, 2017 (w/o attachments) (5759 : SR 089 Gustav Swanson NA Easements) -1- ORDINANCE NO. 089, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN AMENDED ACCESS EASEMENT AND A UTILITY EASEMENT ON CITY-OWNED PROPERTY AT GUSTAV SWANSON NATURAL AREA TO PUBLIC SERVICE COMPANY OF COLORADO IN EXCHANGE FOR THE DEDICATION OF LAND FOR TRAIL PURPOSES WHEREAS, the City is the owner of property located along East Vine Drive on the north side of the Poudre River known as Gustav Swanson Natural Area (the “City Property”); and WHEREAS, Public Service Company of Colorado (“PSCo”) owns a regulator station on a parcel of land surrounded by the City Property (the “PSCo Property”); and WHEREAS, former owners of the City Property conveyed the PSCo Property to PSCo in 1946 along with a fifteen-foot access easement across the City Property; and WHEREAS, PSCo also owns gas and electric lines that cross the City Property to serve the PSCo property, but no easement of record has been located for either utility line; and WHEREAS, the City is planning to construct a whitewater park on the north bank of the Poudre River, and the plans for the whitewater park call for creating a new twenty-foot access road for both public and emergency access that could also be used as access to the PSCo Property; and WHEREAS, City staff would also like to have a formal easement with PSCo for its utility lines; and WHEREAS, PSCo has agreed to amend its existing access easement to be along the new access road, and accept a new 50-foot utility easement for its utility lines; and WHEREAS, the proposed realigned access easement is more particularly described on Exhibit “A”, attached and incorporated herein by reference (the “Access Easement”); and WHEREAS, the location and width of the proposed utility easement is shown on Exhibit “B”, attached and incorporated herein by reference (the “Utility Easement”), and a legal description will be prepared prior to conveyance of the Utility Easement; and WHEREAS, City staff has recommended that the City not charge PSCo for either of the Easements because PSCo has agreed to dedicate to the City almost 2,000 square feet of the PSCo Property to be used for trail purposes as part of the whitewater park project; and WHEREAS, at its regular meeting on June 14, 2017, the Land Conservation and Stewardship Board voted to recommend granting the Easements to PSCo; and 4.2 Packet Pg. 31 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) -2- WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Access Easement and Utility Easement to PSCo as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to PSCo on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easements, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 32 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) -3- Passed and adopted on final reading on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 33 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) 4.2 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) 4.2 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) 4.2 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) 4.2 Attachment: Ordinance No. 089, 2017 (5759 : SR 089 Gustav Swanson NA Easements) EXHIBIT % 650 E. Garden Drive | Windsor, Colorado 80550 phone: (970) 686-5011 | fax: (970) 686-5821 KING SURVEYORS email: contact@KingSurveyors.com Packe Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Lawrence Pollack, Budget Director Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not Expended and Not Encumbered in 2016. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2017, reappropriates 2016 appropriations authorized by City Council that lapsed at the end of 2016. The authorized expenditures were not spent or could not be encumbered in 2016 because: there was not sufficient time to complete bidding in 2016 and, therefore, there was no known vendor or binding contract as required to expend or encumber the monies the project for which the dollars were originally appropriated by Council could not be completed during 2016 and reappropriation of those dollars is necessary for completion of the project in 2017 to carry on programs, services, and facility improvements in 2017 with unspent dollars previously appropriated in 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2017 (PDF) 2. Ordinance No. 090, 2017 (PDF) 5 Packet Pg. 39 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY July 5, 2017 City Council STAFF Lawrence Pollack, Budget Director Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 090, 2017, Reappropriating Funds Previously Appropriated in 2016 But Not Expended and Not Encumbered in 2016. EXECUTIVE SUMMARY City Council authorized expenditures in 2016 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2016 because: there was not sufficient time to complete bidding in 2016 and, therefore, there was no known vendor or binding contract as required to expend or encumber the monies the project for which the dollars were originally appropriated by Council could not be completed during 2016 and reappropriation of those dollars is necessary for completion of the project in 2017 to carry on programs, services, and facility improvements in 2017 with unspent dollars previously appropriated in 2016. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2016 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: Fund 2016 Amended Budget Reappro- priation Ord. No. 058, 2017 Additional Reappropriation Request % of 2016 Amended Budget General Fund $144,587,414 $948,174 $360,768 0.7% Keep Fort Collins Great Fund 30,582,621 691,195 5,000 2.3% Light and Power Fund 144,568,778 107,933 0.1% Data and Communications Fund 11,544,230 301,600 2.6% Utility Customer Service and Administration 18,168,083 40,608 0.0% TOTAL $349,451,126 $2,048,902 $406,376 0.7% STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION During the February Council Finance Committee meeting, the Committee requested that the executive team (ELT) review all 2017 reappropriation requests to ensure they were still organizational priorities and compare ATTACHMENT 1 5.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, July 5, 2017 (5760 : SR 090 Reappropriation) Agenda Item 20 Item # 20 Page 2 those with the other potential 2017 additional funding needs which were also presented during that same meeting. During the March Council Finance Committee meeting, the Committee voiced concerns with year-to-date sales tax collections and questioned whether all 2016 Reappropriation requests had to be brought forward at that time before having a better understanding of the City’s overall revenue picture. ELT then evaluated the original requests and separated them out into those brought forward (totaling $2,048,902) and those that could be postponed. In May, Council approved the Reappropriation items brought forward in Ordinance No. 058, 2017. That ordinance contained the majority, but not all the original requests. The remaining items have been further vetted and remain as priorities to be considered for reappropriation. In the vetting process, several items were excluded from consideration due to not being able to complete the work within fiscal year 2017 due to the timing of the second ordinance. All the items included in the remaining 2017 reappropriation request are considered organizational priorities and can be completed in 2017. The postponed requests were discussed with the Council Finance Committee in its May 2017 meeting, when an update of overall City revenue was discussed. Council Finance Committee is supportive of bringing the remaining 2017 Reappropriation items forward for full Council consideration. GENERAL FUND Community Development & Neighborhood Services 1. Development of Transition Standards for Old Town and Downtown Plans - $30,000 (plus an additional $5,000 in KFCG totals $35,000 for request) Purpose for funds: During the course of both the Old Town Neighborhoods Plan and the Downtown Plan, the community identified several concerns specifically related to architectural design, building height, parking, and other development impacts in the areas of transition between the Downtown and the adjacent Old Town Neighborhoods. The new transition standards created with these funds implement one of the highest priority issues identified in the two Plans. Reason funds not expensed in 2016: Funds were not fully expended by December 2016 for the Downtown Plan and Old Town Plan since the Downtown Plan vendor did not accomplish specific goals established, and they experienced scheduling issues with respect to delivering their final product. Staff has determined that focusing on this high priority action item, identified in both Plans, would be a fiscally responsible use of the remaining funds and address an issue of community concern. Environmental Services 2. Advanced Waste Stream Optimization - $118,785 Purpose for funds: This offer proposed four general tasks to enable the City to become more systematic about managing the community’s waste stream for optimal benefit that included systematically evaluating “waste” materials using Sustainable Materials Management (SMM) framework, supporting innovation in waste to clean energy, and focusing on organics, including building regional partnerships/infrastructure. The funds will be used to further these objectives through: 1. Support economic development of recycling businesses/industry cluster in Fort Collins using a competitive process for issuing small grants. ($60K) 2. Conduct extensive community educational campaign to reduce food waste at the source. ($20k) 3. Create toolkit and protocol for conducting waste sorts (residential, business, etc.) to easily and regularly audit waste materials and improve diversion practices through reliable local data. ($10K) 4. Pilot systems analysis research to identify waste-related GHG reduction opportunities ($28k) 5.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, July 5, 2017 (5760 : SR 090 Reappropriation) Agenda Item 20 Item # 20 Page 3 Reason funds not expensed in 2016: The funds that were used supported a broad and diverse number of projects and programs in 2015 and 2016. Several additional strategies that are central to further advancing Sustainable Materials Management were identified but delayed based upon staff availability and alignment with regional planning efforts. Parks 3. East Park Satellite Shop - $59,000 Purpose for funds: Funds will be used to purchase supplies and equipment for the satellite shop that will serve the new east park district and Forestry crew. The shop is located at the Bacon park site next to Bacon Elementary school on Timberline Road. When the permanent facility is constructed on the new East Park site these items will be transferred and used at the new permanent location to be built in 2018 or 2019. Reason funds not expensed in 2016: Funds were not spent in 2016 because the existing house that is being repurposed as a satellite shop will not be available until the tenant moves out in spring 2017. 4. Parks Lifecycle Projects - $93,655 Purpose for funds: Funds will be used to renovate restroom/storage area at Edora Park and tennis courts at Troutman Park. Reason funds not expensed in 2016: Funds were not spent at the Edora restroom/storage area because the complexity of the project delayed the bidding process. There were not sufficient funds remaining to replace the tennis courts at Troutman Park. Reappropriated funds will be added to 2017 funds to complete this project. Social Sustainability 5. Neighborhood Renewal Project - $59,328 Purpose for funds: These funds were for the Renewal of Neighborhoods in a State of Change BFO Enhancement administered by the Social Sustainability Department. The intent of the offer is to focus public investment in older neighborhoods “in order to stabilize them or begin a restoration process”. Reason funds not expensed in 2016: Staff planned and implemented a variety of projects from this fund in 2016 which met the goals defined in the original offer. There were additional projects identified to utilize the remaining funds; however, time ran out towards the end of the calendar year and staff was not able to begin the required procurement process needed to utilize the funds. Staff has been working with Purchasing to create an RFP early in 2017 to facilitate a pilot “asset mapping” project in the North College corridor area to design and implement a robust community engagement process and design a strategy document. This will result in a neighborhood vision which will allow immediate action once the funds are re-appropriated. With recent feedback from residents in the Alta Vista neighborhood regarding the proposed sidewalk construction project, staff envisions a portion of these reappropriated funds will go towards making additional improvements in that neighborhood. 5.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, July 5, 2017 (5760 : SR 090 Reappropriation) Agenda Item 20 Item # 20 Page 4 KEEP FORT COLLINS GREAT FUND Community Development & Neighborhood Services 6. Development of Transition Standards for Old Town and Downtown Plans - $5,000 (plus an additional $30,000 in General Fund totals $35,000 for request) Please see description in #1 under General Fund. UTILITY CUSTOMER SERVICE AND ADMINISTRATION Utility Technology & Customer Service 7. Cyber Security Consulting Services - $40,608 Purpose for funds: IT Application Services for Utilities is currently working with a third party cyber security consultant to help identify any risks in the computing environment/infrastructure that needs to be mitigated for the Utilities Billing System. This vendor will also be performing a cyber security assessment on the Electric SCADA System. The third party consultant (AESI) will be working with Utilities to recommend a good Cyber Security Governance Framework. Staff is now using the previously committed funds after working through a cyber security assessment of the Utilities Billing System. Staff would like to have the remaining $40,608 of the original BFO approved offer reappropriated for work focused on additional Utilities critical systems. Being able to use these funds would help Utilities to stay ahead of ongoing risks, and improve the cyber security maturity level of the overall Utilities Service Area. Reason funds not expensed in 2016: During the initial BFO year that the Cyber Security funds were approved (2015), the staff member responsible for carrying out the cyber security program for Utilities was seriously injured in a non-work related accident. She missed many months of work initially, and was not able to return to full-time work until September 2016. As a result, staff was only able to finalize an RFP and select a vendor in late 2016. In addition, staff believes the current vendor did not understand the full requirements of the project, which required additional negotiation and led to further delay. Having these funds will help staff keep moving in this vitally critical area. CITY FINANCIAL IMPACTS This Ordinance increases 2017 appropriations by $406,376. A total of $360,768 is requested for reappropriation in the General Fund, $5,000 from the Keep Fort Collins Great Fund and $40,608 is requested from Utility Customer Service and Administration. Reappropriation requests represent amounts budgeted in 2016 that could not be encumbered at year-end. The appropriations are from prior year reserves. ATTACHMENTS 1. Powerpoint presentation (PDF) 5.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, July 5, 2017 (5760 : SR 090 Reappropriation) -1- ORDINANCE NO. 090, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2016 BUT NOT EXPENDED AND NOT ENCUMBERED IN 2016 WHEREAS, City Council authorized expenditures in 2016 for various purposes in the General Fund, Keep Fort Collins Great Fund, and the Utility Customer Service and Administration Fund, portions of which were not spent or encumbered in 2016; 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 11 of the City Charter requires that all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special fund, except that appropriations for capital projects and federal or state grants do not lapse until the completion of the capital project or until the expiration of the federal or state grant; and WHEREAS, City staff have determined that the amounts to be appropriated as described herein are available and currently unappropriated; and WHEREAS, it is in the best interests of the City and its residents to re-appropriate funds for the expenditures below, in furtherance of these expenditures authorized in 2016 for which such appropriated funds were not expended and not encumbered during 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of THREE HUNDRED ONE THOUSAND FOUR HUNDRED FORTY DOLLARS ($301,440) for the following purposes: Development of Transition Standards for Old Town and Downtown Plans $30,000 Advanced Waste Stream Optimization 118,785 East Park Satellite Shop 59,000 Parks Lifecycle Projects 93,655 Total General Fund $301,440 5.2 Packet Pg. 44 Attachment: Ordinance No. 090, 2017 (5760 : SR 090 Reappropriation) -2- Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Keep Fort Collins Great Fund the sum of FIVE THOUSAND DOLLARS ($5,000) for the following purposes: Development of Transition Standards for Old Town and Downtown Plans $5,000 Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 45 Attachment: Ordinance No. 090, 2017 (5760 : SR 090 Reappropriation) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF John Stokes, Natural Resources Director SUBJECT First Reading of Ordinance No. 091, 2017, Appropriating Unanticipated Revenue Relating to a Federal Emergency Management Agency Grant for Acquisition and Remediation of Property Adjoining the Downtown Whitewater Park Area. EXECUTIVE SUMMARY The purpose of this item is to appropriate a $232,509 Federal Emergency Management Agency (FEMA) grant. The total budget approved by FEMA is $265,725 which includes $33,216 that has been previously appropriated by the City. The funds will pay for the acquisition and remediation of a property adjoining the downtown whitewater park area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Staff has spent the last three years acquiring various property interests on the south side of Vine Street just to the east of College Avenue. The acquisitions are linked to Whitewater park as well as to the Poudre River conservation and protection projects. After the 2013 flood, FEMA monies were directed to Colorado. The City applied for FEMA’s Hazard Mitigation Grant to help cover the costs of acquiring properties along Vine. Use of FEMA funds requires that the property be managed to benefit the floodway and floodplain in this area. The property will be incorporated into the whitewater park and will be accessible to the public. Infrastructure on the property will be removed and the site will be remediated and vegetated. CITY FINANCIAL IMPACTS The City’s match portion is $33,216 and was previously appropriated in 2015 in offer 21.1. BOARD / COMMISSION RECOMMENDATION This item has not been reviewed by a board since it is part of an already approved project and helps achieve the overall fundraising goal of the project. PUBLIC OUTREACH The Poudre River Downtown Master Plan and the whitewater park component underwent extensive public engagement and outreach in 2014. 6 Packet Pg. 46 -1- ORDINANCE NO. 091, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE RELATING TO A FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT FOR ACQUISITION AND REMEDIATION OF PROPERTY ADJOINING THE DOWNTOWN WHITEWATER PARK AREA WHEREAS, staff has spent the last three years acquiring various property interests on the south side of Vine Street just to the east of College Avenue and the acquisitions are linked to the Downtown Whitewater Park project as well as to the Poudre River conservation and protection projects; and WHEREAS, after the 2013 flood, Federal Emergency Management Agency (“FEMA”) monies were directed to Colorado and, the City applied for FEMA’s Hazard Mitigation Grant to help cover the costs of acquiring properties along Vine; and WHEREAS, Natural Areas has been awarded a grant in the amount of $232,509 (the “Grant”) by FEMA to acquire and remediate a property adjoining the Downtown Whitewater Park area; and WHEREAS, the City’s match portion towards the Grant is $33,216 and was previously appropriated in 2015 in offer 21.1 into a capital project fund; and WHEREAS, use of the Grant funds requires that the property be managed to benefit the floodway and floodplain in this area; and WHEREAS, the property will be incorporated into the Whitewater Park and will be accessible to the public and infrastructure on the property will be removed and the site will be remediated and vegetated; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Grant from FEMA to support Natural Areas will not cause the total amount appropriated in the Capital Projects fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 47 -2- Section 2. That there is hereby appropriated from unanticipated grant revenue in the Capital Projects Fund the sum of TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED NINE DOLLARS ($232,509) to be used by Natural Areas for acquisition and remediation of a property adjoining the Downtown Whitewater Park area for the benefit of the Poudre River Floodway and Floodplain. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 48 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Seth Lorson, Transit Planner SUBJECT First Reading of Ordinance No. 094, 2017, Amending Part 18 of the Fort Collins Traffic Code Regarding the Towing and Impounding of Vehicles on Public Rights-of-Way. EXECUTIVE SUMMARY The purpose of this item is to amend the Traffic Code to allow for the immediate removal and impoundment of vehicles on public streets and alleys as a means of enforcing violations to the Residential Parking Permit Program (RP3) for Colorado State University (CSU) major stadium events. The Code change would also allow the City to create new tow-away zones, if needed in the future. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Consistent with the intergovernmental agreement (IGA) between the City and CSU, staff has worked with neighborhoods adjacent to the university campus to develop on-street parking restrictions during major events at the new CSU stadium. Non-residents will not be permitted to park in participating neighborhoods during football games or any events with an expected attendance of 12,000 or greater. City Parking Services staff will be enforcing these restrictions four hours prior to the start of an event until the end of the event. Standards in place during stadium events follow: No non-permitted vehicles may park on public streets in participating neighborhoods beginning four hours prior to an event until the end of the event. No two-hour parking is permitted may occur on-street without a permit. No commuter permits are offered. Residents may use their RP3 permits from the existing weekday program. If a neighborhood does not have a weekday program, 2 permits per household will be issued free of charge. Residents may have up to two guest permits per event. CITY FINANCIAL IMPACTS Consistent with the IGA, Colorado State University will be paying for implementation of the program. BOARD / COMMISSION RECOMMENDATION The topic of enforcing violations to the RP3 for Stadium Events by towing was not discussed with any boards or commissions. The Parking Advisory Board expressed opposition to the RP3 for Stadium Events program, citing that it is unwelcoming to out-of-town visitors. If the program continues, permits should be made available for nonresidents. 7 Packet Pg. 49 Agenda Item 7 Item # 7 Page 2 PUBLIC OUTREACH Staff held three communitywide meetings and four neighborhood meetings to discuss the program. Staff presented a $100 fine for violations to the program but did not propose towing. If the towing option is utilized, neighborhoods that have elected to participate in the program will need to be informed of the change of enforcement method. ATTACHMENTS 1. Parking Advisory Board memo (PDF) 7 Packet Pg. 50 ATTACHMENT 1 7.1 Packet Pg. 51 Attachment: Parking Advisory Board memo (5738 : Traffic Code Changes Regarding Stadium Events) -1- ORDINANCE NO. 094, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PART 18 OF THE FORT COLLINS TRAFFIC CODE REGARDING THE TOWING AND IMPOUNDING OF VEHICLES ON PUBLIC RIGHTS-OF-WAY WHEREAS, on February 18, 2003, by Ordinance No. 16, 2003, the City Council adopted the Fort Collins Traffic Code (“Traffic Code”); and WHEREAS, on April 13, 2015, in anticipation of the new on-campus stadium at Colorado State University (“CSU”), the City and CSU entered into an Intergovernmental Agreement to address the impacts that major events at CSU’s stadium will have on nearby neighborhoods; and WHEREAS, the City wishes to minimize impacts to neighborhoods near the stadium by providing immediate tow-away zones in those neighborhoods during major stadium events; and WHEREAS, when the need arises, the City wishes to have the option of immediately towing illegally-parked vehicles in other areas of the City; and WHEREAS, the City Council believes it is necessary for the preservation of the health, safety, and welfare of the City’s citizens to amend the City Code to permit the City to cause the immediate towing of a vehicle in areas providing notice to vehicles that parking in the restricted area are subject to immediate tow. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1801 of the Traffic Code is hereby amended by the addition of a new subsection (10) to read in its entirety as follows: Sec 1801. Authority to impound and immobilize. … (10) At any place within the City where authorized signs are posted, giving notice that such area or portion of the street or highway right-of-way is a tow-away zone, it shall be unlawful for any person to park a vehicle in any manner in violation of the provisions contained on such signs except when necessary to avoid conflict with other traffic, or in compliance with the instructions of a police officer, traffic control signal or device. When a vehicle is found in violation of this subsection, a police officer, community Packet Pg. 52 -2- service officer, transit service officer, or parking services officer may do any or all of the following: (a) Cite the vehicle; (b) Cause the vehicle to be moved; or (c) Cause the vehicle to be towed and impounded. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 53 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Delynn Coldiron, Neighborhood Services Manager Mark Jackson, PDT Deputy Director SUBJECT First Reading of Ordinance No. 095, 2017 Amending Section 19-65 of the Code of the City of Fort Collins Regarding the Citation Procedure for Civil Infractions to Include an Exception for Parking on Yards. EXECUTIVE SUMMARY The purpose of this item is to consider an Ordinance that allows for immediate ticketing for parking on yards during Colorado State University (CSU) game days and major stadium events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This item is intended to help protect neighborhoods through enabling Compliance Inspectors to immediately issue citations for parking on yards during CSU game days and major stadium events. Section 19-65 of the Municipal Code requires an officer who has reasonable grounds to believe a party has committed a civil infraction to provide a reasonable time period within which the responsible party must correct the violation unless there is a specific Code requirement set forth for such offense. Currently, the reasonable time period for this is set at seven days per department policy. There is a list of exceptions that permit immediate issuance of a citation without any notice. That list includes many animal infractions, violations of the Social Host Ordinance, and occupancy violations. The proposed change would give Compliance Inspectors the discretion to immediately write a citation for parking on yards during stadium events while still maintaining the ability to provide a seven day notice for violations at other times. CITY FINANCIAL IMPACTS Costs to enforce this item are expected to be approximately $1,500 per game. This would be an added cost to the City unless it is considered an operational cost related to the stadium. If an operational cost, consistent with the Intergovernmental Agreement with CSU, Colorado State University would be billed for these costs. BOARD / COMMISSION RECOMMENDATION No outreach to boards or commissions has been done on this item. Limited outreach could occur between First and Second Reading if requested. 8 Packet Pg. 54 Agenda Item 8 Item # 8 Page 2 PUBLIC OUTREACH No public outreach has been done on this item. Limited outreach could occur between First and Second Reading if requested. Staff received direction to move this code change forward as soon as possible to have it completed prior to the first game. 8 Packet Pg. 55 -1- ORDINANCE NO. 095, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 19-65 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE CITATION PROCEDURE FOR CIVIL INFRACTIONS TO INCLUDE AN EXCEPTION FOR PARKING ON YARDS WHEREAS, on October 1, 2002, the City Council adopted Ordinance No. 140, 2002, regulating parking on yards; and WHEREAS, on December 19, 2006, by Ordinance No. 198, 2002, the City Council changed the penalty for parking on yards from a misdemeanor offense to a civil infraction; and WHEREAS, City staff desires to enforce the parking on yards restrictions, found at Section 20-105 of the City Code, during major events at the new CSU on-campus stadium (“Stadium Events”); and WHEREAS, Section 19-65 of the City Code currently requires the City’s Code enforcement officers to serve a notice of violation upon any party who is suspected of committing a civil infraction and provide a reasonable period of time to correct the violation before issuing a citation to the violator; and WHEREAS, the exceptions to the notice requirement are if: (1) there is reason to believe the violation presents a threat to the public health, safety or welfare; (2) the damage done by the violation is unrepairable or irreversible; (3) the violation is a second or subsequent violation by the responsible party in twelve months; or (4) a delineated Code Section is specifically excepted; and WHEREAS, if the City wants to enforce the parking on yards provisions during Stadium Events, an exception needs to be made, under (4), above, to allow Code enforcement officers to serve tickets immediately, rather than provide time to correct the violation; and WHEREAS, the City Council believes it is necessary for the preservation of the health, safety, and welfare of the City’s citizens to amend the City Code to permit enforcement personnel to immediately cite violators of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 19-65 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-65. Commencement of action; citation procedure. Packet Pg. 56 -2- … (a) Officers shall have the authority to initiate enforcement proceedings as provided below. (1) An officer who has reasonable grounds to believe that a responsible party has committed a civil infraction under this Code is authorized to serve a notice of violation to the responsible party. Except as otherwise provided in this Code, the officer shall set a reasonable time period within which the responsible party must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, the nature, extent and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. An officer may immediately serve a civil citation to a responsible party, without prior notice for a civil infraction in the following circumstances: a. The violation of City Code Sections 4-70, 4-74, 4-95, 4-96, 4- 97, 4-119, 4-157, or 4-177. b. The violation of City Code Section 17-168; c. If there is a reason to believe that the violation presents a threat to the public health, safety or welfare or the damage done by the violation is irreparable or irreversible; d. If the violation is a second or subsequent violation by the responsible party that occurred within the twelve (12) months immediately following a previous violation; or e. The violation of Land Use Code Section 3.8.16 pertaining to occupancy limits.; or f. The violation of City Code Section 20-105 during a stadium event or within four (4) hours before the official start time of a stadium event, as defined in Section 1214.5(6) of the Fort Collins Traffic Code. … Packet Pg. 57 -3- Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 58 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT First Reading of Ordinance No. 096, 2017, Calling a Special Municipal Election To Be Held In Conjunction With the November 7, 2017 Larimer County Coordinated Election. EXECUTIVE SUMMARY The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 7, 2017 Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot relating to Charter amendments, it would need to do so no later than August 29 in order to meet statutory requirements for publication. If Council does not take action by ordinance or resolution before the statutory deadline (September 8) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 7, 2017 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 7, 2017 Coordinated Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 9 Packet Pg. 59 -1- ORDINANCE NO. 096, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 7, 2017 LARIMER COUNTY COORDINATED ELECTION WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, the decision to call a special election must be made by ordinance sooner than the deadline to place measures on the ballot; and WHEREAS, City staff will present to the City Council for consideration in August, proposed Charter amendments that would authorize the City to add communication services as a component of the Electric Utilities services and adding related provisions; and WHEREAS, for the foregoing reasons, the City Council wishes to call a special municipal election on November 7, 2017, to be held in conjunction with the Larimer County Coordinated Election, for the purpose of submitting to the electorate of the City any ballot issues approved by the City Council prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That a Special Municipal Election in the City is hereby called for Tuesday, November 7, 2017, which shall be held in conjunction with the Larimer County Coordinated Election and conducted in such manner as shall be determined by the Larimer County Clerk and Recorder. Section 3. That the provisions of the Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 4. That, subject to any applicable provision in Colorado statute to the contrary, the City Council may, by resolution or ordinance, submit to the voters at said election any citizen-initiated or City-initiated measure that complies with the requirements of the City Charter, irrespective of the nature of such measure. Packet Pg. 60 -2- Section 5. That the City Clerk is hereby directed to certify the ballot content for the Special Municipal Election to the Larimer County Clerk no later than September 8, 2017, for any ballot titles set by the City Council prior to said date. Section 6. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election, pursuant to Section 1-7-116(2) of the Colorado Revised Statutes. Section 7. That, in the event that the City Council does not take action by ordinance or resolution prior to August 29, 2017, to submit any ballot measures to the voters at the November 7, 2017 Larimer County Coordinated Election, the election provided for herein shall be cancelled and the provisions of this Ordinance shall be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 61 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION At its June 2, 2015, meeting, City Council appropriated funds for the design and construction of Lincoln Avenue improvements from 1st Street to Lemay Ave, and as a part of the 2017/2018 budget approval approved funds for the Lincoln Avenue bridge. It was determined during the design process that a portion of Lincoln Avenue right-of-way at the northwest corner of Lincoln Avenue and Willow Street will no longer be needed for street purposes. All street and sidewalk improvements placed within the right-of-way will be retained. Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed and no objections to the vacation were made provided a drainage and utility easement is reserved by the City. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners. No response back was received from the property owners, but based on input by the utility providers and City departments the area will be retained as utility and drainage easement. ATTACHMENTS 1. Location map (PDF) 10 Packet Pg. 62 Lincoln Ave Lincoln Ave Willow St Right-of-Way Vacation of 546 Willow Street Location Map Printed: June 29, 2017 © Path: S:\Engineering\Projects\Capital Projects\Maps\546 Willow ROW Vacation\Project Location Map.mxd Right-of-Way Vacation Location ATTACHMENT 1 10.1 Packet Pg. 63 Attachment: Location map (5721 : Lincoln Avenue ROW Vacation) -1- ORDINANCE NO. 097, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF LINCOLN AVENUE RIGHT-OF-WAY DEDICATED ON THE FORT COLLINS ORIGINAL TOWN PLAT DATED JANUARY 17, 1873, WITH THE RESERVATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS, the Fort Collins Original Town plat, recorded at Book 1, Page 48, of the Larimer County Clerk and Recorder records, included dedication to the public of right-of-way for Lincoln Avenue; and WHEREAS, the City Engineering Department has filed an application with the City Engineer in accordance with City Code Section 23-115 requesting that the City vacate a portion of Lincoln Avenue right-of-way more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, said right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, property owners in the vicinity, and emergency service providers and no objection to the proposed vacation has been received, provided that a drainage and utility easement be reserved unto the City; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning Development and Transportation Director, and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the right-of-way for a portion of Lincoln Avenue more particularly described on Exhibit “A” is no longer needed for right-of-way purposes, with the exception of an easement across the entire area for drainage and utilities, and that it is in the public interest to vacate the same. Section 3. That the right-of-way described in Exhibit A is hereby vacated, abated, and abolished, with the exception of the reservation of a drainage and utility easement by the City for public use across the entire area described in Exhibit A, provided that this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. Packet Pg. 64 -2- Section 4. That upon recording of this Ordinance with the Larimer County Clerk and Recorder, title to the vacated rights-of-way shall vest in accordance with C.R.S. Section 43-2- 302, with the exception of the drainage and utility easement reserved herein. Introduced and considered favorably on first reading and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 65 Exhibit A sheet 1 of 2 1 Packet Pg. 66 Attachment: Exhibit A (5722 : Lincoln Avenue ROW Vacation ORD) Exhibit A sheet 2 of 2 1 Packet Pg. 67 Attachment: Exhibit A (5722 : Lincoln Avenue ROW Vacation ORD) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort Collins. The Initiating Resolution was adopted on consent, June 6, 2017. The property is situated between South Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the west of the Homestead PUD. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION The Blehm-Homestead Annexation is a 28 parcel enclave annexation that consists of approximately 109-acres of privately owned property. The annexation is located entirely within the Fort Collins Growth Management Area (GMA). Because this is an enclave annexation, state statute requires a 3-year period where the property must be completely surrounded by City limits before it becomes eligible for annexation. The property was enclaved by Kechter Farm Annexation on May 16, 2014, and subsequently became eligible for annexation on May 16, 2017. The nine other annexations that pre-date the Kechter Farm Annexation and create the enclave are as follows: 1. South Harmony Annexation, 1986, Stetson Creek P.U.D. Second Filing 2. Ruff Annexation, 1998, Harvest Park Subdivision 3. HH-36 Annexation, 1998, Sage Creek Subdivision 4. Homestead Annexation, 2004, Homestead P.U.D. 2nd Filing P.L.D. and P.D. 5. Kinard Junior High School Annexation, 2007, Kinard Junior High School M.L.D. 6. Thorland Annexation No. 1, 2008, Thorland Subdivision 7. Thorland Annexation No. 2, 2008, Thorland Subdivision 8. Kechter Annexation No. 3, 2012, Kechter Farm P.L.D. Filing 1 9. Mail Creek Crossing Annexation, 2014, Mail Creek Crossing P.L.D. 11 Packet Pg. 68 Agenda Item 11 Item # 11 Page 2 Below is the list of the 28 properties contained within the enclave annexation: # Owner Name Property Address 1 Ott Donna E/James M 2304 Kechter Rd 2 Bear Daphne Ann/Kirk Echman 2312 Kechter Rd 3 Brunswig Carl/Julie 2324 Kechter Rd 17 Hagerty Christopher J 2400 Kechter Rd 4 Baum John W/Helen M 2424 Kechter Rd 5 Arzt Bradley W/Dana M 2500 Kechter Rd 6 Ball Lawrence R/Wendy S 2521 Kechter Rd 7 Jenk Ryan R Heritage Trust 2522 Kechter Rd 8 Reilly Christopher B 2524 Kechter Rd 9 Morganti Charles R 2620 Hearthstone Dr 10 Griffith Michael A/Constance C 2745 Hearthstone Dr 11 Sandri Fabio/Mitzi Paim De Almeida 2801 Hearthstone Dr 12 Ringenberg James E/Charla M 2849 Hearthstone Dr 13 Plocher Thomas 2850 Hearthstone Dr 14 Homburg Robert C 2909 Hearthstone Dr 15 Rimrock Six Llc 2941 Hearthstone Dr 16 Naqvi And Tan Family Trust 3001 Hearthstone Dr 18 Selzer Lana/Nathan 5612 Old Mill Rd 19 Cranor John David Ii/Martha G 5615 Old Mill Rd 20 Piccirelli Mark 5625 Cornerstone Dr 21 Baeverstad Harold L Jr/Sharon K 5635 Hearthstone Cir 22 Cochran Janet Marie/Thomas S 5645 Cornerstone Dr 23 Green Tiffany/C Patrick 5700 Hearthstone Cir 24 Mills Andrew Revocable Trust (.50) 5717 Hearthstone Cir 25 Florin Beth C Revocable Trust 5718 Hearthstone Cir 26 The Homestead P.U.D Of Fort Collins Inc PO Drawer J 27 The Homestead P.U.D Of Fort Collins Inc PO Drawer J 28 The Homestead P.U.D Of Fort Collins Inc PO Drawer J When property is annexed, property taxes are adjusted by adding the City’s mill levy and removing the Poudre Fire Authority’s mill levy. Purchases made by those residing within the annexation area would now be subject to City sales tax. Monthly stormwater fees will also be assessed for annexed properties. There are many advantages to the residents and City of Fort Collins upon annexation. City staff identifies the five primary advantages below. 1. The desirability to consolidate the provision of public safety services. While fire service is provided by Poudre Fire Authority in both the enclave and the City, police services are not. 2. The ability to avoid confusion among the property owners, surrounding property owners and the City or County. The primary issue here relates to the provision of public safety services and enforcement of zoning and nuisance ordinances. There may be confusion if a property is actually located in the County when it is surrounded by the City of Fort Collins. 3. The likelihood of development occurring under County regulations instead of the City's. The Intergovernmental Agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. 4. The residents of an annexed area will be able to increase their participation in City government. Presently, County residents can only voice their opinions at public hearings. After annexation, these 11 Packet Pg. 69 Agenda Item 11 Item # 11 Page 3 residents can vote in scheduled and special City elections, thereby having a political voice in important decisions made by the City which affect them. Correspondence A letter representing six property owners of the Blehm Subdivision was received on April 20, 2017. The request was to waive the required assessment of the stormwater fee due to their minimal amount of impervious surface. Staff addressed the concern by notifying correspondents, who live in the Blehm Subdivision, that the decision to waive any required fee would be at the discretion of the Director of Utilities. The Utilities Department then formally responded on June 19, 2017 that it would not waive the fees based on two primary reasons stated below. While these properties, at almost 300,000 square feet, are much larger than most residential properties in the City, per City Code Section 26-514(a), a significant discount (72%) in the fee assessment would be applied to these properties because of their unusual size recognizing the lower ratio of impervious soil on such properties. Like all other properties within the City, these properties will benefit from stormwater facilities. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION This item was unanimously passed by the Planning and Zoning Board by a 5-0 vote; however, the item was pulled from the consent calendar by two adjoining neighbors of the Blehm-Homestead Annexation. Several issues regarding potential development, density that the proposed zoning would allow, future road connections and the potential traffic impacts cause by redevelopment were expressed. While the annexation and zoning of the property does not qualify as development, questions posed by the two community members were answered during the subsequent discussion of the item (Attachment 2) PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on February 23, 2017, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, and Utilities were present to explain any potential difference in electrical rates, fees, services, zoning and infrastructure. Attachment 3 is an FAQ sheet that was provided to residents who attended the meeting. ATTACHMENTS 1. Vicinity Map (PDF) 2. Planning and Zoning Board minutes, June 15, 2017 (draft) (PDF) 3. Annexation FAQ Sheet (PDF) 11 Packet Pg. 70 TI L D E N ST H E AR T HSI D E D R C O R B E T T D R R O C K CR E E K D R DA L LA S CRE E K C T SPINDLEBUSH LN FALL HARVEST WAY MINERS CREEK C T MEDLAR PL COUNTY FAIR LN T R APPER S C REEK C T RABBIT CREEK RD KECHTER RD Planning & Zoning Board June 15, 2017 Page 5 showing parking lot usage. Mr. Berland confirmed that there is some data indicating one parking space per apartment with a reduction in parking requirements as time goes on and residents continue to age in place. Vice Chair Hansen also asked whether the fire easement at the rear of site plan will afford PFA the necessary space required; Mr. Hess confirmed that an arrangement has been made with PFA (“alternative compliance means”) to implement alternate measures in lieu of meeting standard requirements. He also clarified that there will be a stop sign exclusively for a fire lane. Member Hobbs asked about the plan to administer parking spaces for the building. Mr. Berland responded that the parking garage will have a barrier to separate various parking areas, and each unit will have parking rights via a sticker on their car and a device to open the parking gates. Member Carpenter asked to review non-emergency access points; Mr. Hess showed a slide of the proposed traffic flow pattern, which will include travel through the Whole Foods parking lot, and he also clarified the location of visitor parking spots. Public Input (3 minutes per person) Brad March, 1312 S. College Avenue, stated his support of this project. He provided some history of the project location’s origins, and he complimented the development team. Bob Cooper, 2209 Mathews, has a concern with the residential parking zones and their tendency to creep into surrounding neighborhoods. Board Questions and Deliberation Member Hobbs asked whether a maximum number of parking passes will be issued (no more than 154 total passes); Mr. Berland confirmed that, due to the finite amount of parking, only 154 will be issued in order to avoid over-leasing the parking spaces. Member Carpenter asked if anything in the future would change the age restriction; Chair Schneider clarified that this criteria is not being used as a justification for a modification, so this point is moot. Vice Chair Hansen questioned the adequacy of offering only 6 visitor spots; Mr. Berland responded that, once leasing begins, they will be able to better determine the specific parking needs. Member Hobbs made a motion that the Planning and Zoning Board approve the Spring Creek Place Apartments PDP#160020, based upon the findings of fact presented at the work session, the materials contained in the staff report, and the board discussion on this item. Member Whitley seconded. Vote: 5:0. Project: Blehm-Homestead Enclave Annexation Project Description: This is a City-initiated request to annex and zone an approximately 109-acre, 28- parcel enclave into the City of Fort Collins. The parcels became an enclave with the annexation of the Kechter Farm Annexation on May 16, 2014. As of May 17, 2017, the City became authorized to annex the enclave in accordance with State Statue 31-12-106. The enclaved parcels are located to the north and south of Kechter Road between S. Timberline and Ziegler Roads. During and after outreach efforts, city staff has not received objections from residents of the Blehm-Homestead Enclave Annexation. The City of Fort Collins recommends placing the enclaved property into the Urban Estate (UE), zone district. Recommendation: Approval Secretary Cosmas reported that one citizen letter was received representing 6 families that are opposed to the proposed stormwater fees to be charged; this group is aware that this topic is not under the purview of the Planning and Zoning Board. ATTACHMENT 2 11.2 Packet Pg. 72 Attachment: Planning and Zoning Board minutes, June 15, 2017 (draft) (5699 : Blehm-Homestead Annexation) Planning & Zoning Board June 15, 2017 Page 6 Staff Presentation and Analysis Planner Kleer gave a brief overview of this annexation, adding that Urban Estate (UE) zoning is being recommended. He also provided some history of the parcel. Public Input (3 minutes per person) Todd Gibson, 2614 Sage Creek Road and President of the adjacent Sage Creek neighborhood, asked if this property would be developed as apartments in the future and what the future traffic impacts may be, since the area has a significant number of families. Pete Miller, 2309 Sweetwater Creek Drive, also inquired about future development plans and what housing density would be for the UE zoning. He also asked if that zoning designation could change over time and what that process would be. He understood that this area would eventually be developed as a single parcel, and he is questioning whether that is still true. Staff Response Planner Kleer responded by saying that an annexation does not necessarily indicate future development, adding that the City is actively annexing enclaves at this time. Future development under the UE zoning would permit two units/acre (low density), and Residential Low Density (RL) would permit 4 units/acre. He stated that it is unlikely that the zoning would change in the future, and Chief Planner Shepard added that there is a specific rezoning process for any zoning changes for any property. A rezone would require an amendment to the structure plan, neighborhood meetings, P&Z Board recommendation, and then to City Council for two readings. He added that, while individual properties can be developed, there are plans at this time for future development for this enclave. Board Questions and Deliberation Member Hobbs asked about issues from surrounding neighborhoods related to the master street plan or arterial system; Chief Planner Shepard responded that, because the Blehm lots are so long and narrow, there is a street that could be used to serve the more remote parts of those lots to avoid any developing UE density. Planning Director Gloss added that, regarding potential future development, Staff has been approached by one property owner who is interested in redeveloping his property; he would still have to go through the established process for rezoning and development. Member Hobbs made a motion that the Planning and Zoning Board recommend to City Council approval of the Blehm-Homestead Enclave Annexation, including the zoning classification of Urban Estate and that the property would be placed in the residential neighborhood sign district, based upon the findings of fact presented at the work session, the materials contained in the staff report, and the board discussion on this item. Member Carpenter seconded. Vote: 5:0. The Board took a short recess at 7:55pm; they reconvened at 8:00pm. Project: 6020 S. College Storage PDP Project Description: This is a request to develop an enclosed mini-storage facility, on approximately 3.3 acres. The parcel is located generally at the southwest corner of Skyway Drive and South College Avenue. The proposed project includes an enclosed three story mini self-storage building with a basement, totaling approximately 108,000 square feet in size. All self-storage functions will be conducted 11.2 Packet Pg. 73 Attachment: Planning and Zoning Board minutes, June 15, 2017 (draft) (5699 : Blehm-Homestead Annexation) 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. How is it that our properties became enclaves? The properties near South Timberline, Ziegler and Kechter Roads have been divided into four separate enclave annexations and have become, or will soon become, enclaves in the following manner: • Rennat Property: This is a single 57.834-acre parcel located between Timberline Road and the Union Pacific Railroad. As a result of the Hansen Farm Annexation, this parcel became an eligible enclave on May 21, 2013. • Lehman/Timberline Property: This is a single 5.684-acre City-owned parcel located east of Timberline Road north of Bacon Elementary School, As a result of the Mail Creek Crossing Annexation; this parcel became an eligible enclave on January 17, 2014. • Mail Creek Second Annexation Properties: This enclave consists of 43.698 acres and 11 parcels located at the northeast and southeast corners of Timberline Road and Kechter Road with the exception of the parcels owned by the Jehovah’s Witnesses Church and the Thorland Subdivision, which are already part of the City of Fort Collins. As a result of the Mail Creek Crossing Annexation, these properties became an eligible enclave on January 17, 2014. • Blehm-Homestead Annexation Properties: This enclave consists of 109.242 acres and 26 parcels located on the north and south sides of Kechter Road, in between S Timberline and Ziegler Roads. Because of the Kechter Farm Annexation, these properties will fulfill the 3-year eligibility requirements on May 16, 2017. ATTACHMENT 3 11.3 Packet Pg. 74 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 2 What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totally 1,603 acres (2.7 square miles) that were phased in over time and were adopted by City Council between 2006 and 2013. How long will the annexation process take? Typically, an annexation process takes between 3 and 4 months once the annexation process is initiated. 3. Zoning and Land Use What about City zoning? The requested zoning districts for these annexations comply with the City’s Structure Plan Map, an element of the City’s comprehensive plan, and are as follows: • Rennat Property – Low Density Mixed-Use Neighborhood, LMN; Medium Density Mixed-Use Neighborhood, MMN; and Neighborhood Commercial, NC. • Lehman / Timberline – Urban Estate, U-E. • Mail Creek Second – Urban Estate, U-E. • Blehm – Homestead - Urban Estate, U-E. 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. To find more information on nonconforming uses and structures visit Division 1.5 in the City of Fort Collins Land Use Code. https://www.municode.com/library/co/fort_collins/codes/land_use 11.3 Packet Pg. 75 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 3 What if I want to build an extended family dwelling, second house, guest house or exchange residency for services for our property/farm. In the County, no parcel can be used for more than one principal building. Additional buildings on a parcel are allowed only if they meet the requirements for an “Accessory Living Area.” This is a detached structure and the size is capped at 40% of the square footage of the primary single family dwelling, excluding any garage or basement (whether finished or not), or capped at 800 square feet, whichever is less. This Accessory Living Area cannot be separately rented out or conveyed to a party different from the principal dwelling and can only be used by guests or caretakers. One additional parking space is required. The review process is at the administrative staff level with notice to surrounding property owners. The water and sewer districts would require new taps. Both taps, combined, would cost approximately $38,884. In the City, under Urban Estate zoning, separate dwellings must be on their own individual lot. The minimum lot size is one-half acre. Or, the maximum allowable density (3 acres x 2 = 6 units) could be clustered on one half of the lot (3 acres) with the remaining half preserved as open space. The review process for platting additional lots is as follows: x A single one-half acre lot is reviewed by staff with notice to the surrounding property owners; x Platting up to six one-half acre lots is considered in a public hearing by the Hearing Officer with notice to surrounding property owners. x A cluster plan of up to six lots would be considered by the Planning and Zoning Board with notice to surrounding property owners. What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt a private covenant as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor- controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 11.3 Packet Pg. 76 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 4 Can you explain the difference between Urban Estate (UE) and Farming (FA-1)? Below is a comparative chart of what is allowed in each district. If the use is not listed in the following chart, it could be added through a process outlined in the City of Fort Collins Land Use Code under 1.3.4 Addition of Permitted Use. The conditions in which the added use would be appropriate are outlined under 1.3.4(C) Procedures and Required Findings. Use Urban Estate (UE) Farming (FA-1) Agriculture Urban Estate (UE) Farming (FA-1) Animal boarding (limited to farm/large animals). Agricultural labor housing (S) Apiary (R) Commercial poultry farm (S) Equestrian operation (PSP/MS/ S)—See section 4.3.1 Farm (R) Feedyard (S) Fur farm (S) Garden supply center (S) Permitted - See Commercial/Retail Greenhouse (R) Livestock veterinary clinic/hospital (MS/ S)—See section 4.3.1 Packing facility (R) Permitted – See Commercial/Retail Pet animal facility (MS/ S)— See section 4.3.1 11.3 Packet Pg. 77 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 5 Use Urban Estate (UE) Farming (FA-1) Pet animal veterinary clinic/hospital (MS/ S)—See section 4.3.1 Sod farm, nursery (R) Tree farm (R) Residential Urban Estate (UE) Farming (FA-1) Dwelling, cabin (R)— See section 4.3.2 Group home for the aged (R) Group homes for up to eight (8) developmentally disabled or elderly persons. Group home (R) Group home for the mentally ill (R) Single-family detached dwellings. Single Family Dwelling Storage buildings and garages (R)—See section 4.3.2 Duplexes Residential cluster developments. Single-family attached dwellings. Institutional Urban Estate (UE) Farming (FA-1) Cemeteries. Cemetery (S) Permitted –Commercial / Retail Child/elderly care center (S) 11.3 Packet Pg. 78 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 6 Use Urban Estate (UE) Farming (FA-1) Places of worship or assembly. Church (MS/S) See section 4.3—See section 4.3.4 Community hall (MS/S)— See section 4.3.4 Hospital (S) Public and private schools for elementary, intermediate and high school education. School, nonpublic (S) State-licensed group home (S) Country club (S) Golf courses. Golf course (S) Membership club (S Shooting range (S) Wildlife rescue and education centers. Minor public facilities. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. Accommodation Urban Estate (UE) Farming (FA-1) Permitted - See Commercial/Retail Bed and breakfast (MS/S)— See section 4.3.6 Seasonal camp (S) Permitted – See Industrial Mining (S) 11.3 Packet Pg. 79 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 7 Use Urban Estate (UE) Farming (FA-1) Oil and gas drilling and production (R) Small solar facility (R/PSP) Small wind energy facility (MS) Utilities Urban Estate (UE) Farming (FA-1) Commercial mobile radio service (SP/ S) -See section 16 Permitted – See Accessory/ Miscellaneous Radio and television transmitters (S) Industrial Urban Estate (UE) Farming (FA-1) Resource extraction, processes and sales. Composting facilities. Small-scale and medium-scale solar energy systems. Commercial/Retail Bed and breakfast establishments with no more than six (6) beds Plant nurseries and greenhouses. Permitted – See Agriculture Animal boarding (limited to farm/large animals). Permitted – See Agriculture Adult day/respite care centers. 11.3 Packet Pg. 80 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 8 Use Urban Estate (UE) Farming (FA-1) Child care centers Permitted – See Institutional Small-scale reception centers. Accessory/Miscellaneous Urban Estate (UE) Farming (FA-1) Accessory buildings containing more than two thousand five hundred (2,500) square feet or floor area. Wireless telecommunication equipment. Permitted – See Utilities Farm animals. Permitted – See Agriculture Urban agriculture. 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. Background: In 1988, the various REA’s in Colorado had a state statute approved by the legislature requiring municipal electric utilities to pay what is called a “service rights fee” to the local REA when provision of electric service is changed. This statute requires municipal electric utilities that transfer electric service after an annexation to pay the local REA 25% of all revenue from existing customers (5% for new customers) starting on the date of electric transfer for a period of 10 years. The REA perspective is this pays for their lost revenue. The municipal utility perspective is it is an attempt to discourage transferring electric customers to the municipal utility. Some municipal utilities in Colorado choose to absorb the service rights fee. Fort Collins Light & Power, at the direction of City Council, passes this expense on to the transferred customers. 11.3 Packet Pg. 81 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 9 Fort Collins Light & Power also purchases the REA infrastructure in addition to the service rights fee. This infrastructure purchase cost is not passed on to the annexed customers. For further information, please contact Phil Ladd, Utilities Financial Operations Manager, 970- 221-6751 or pladd@fcgov.com How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. 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. A new smart meter will replace the existing meter in the same location at the time of service transfer. If you would like to change the location of the meter, Light and Power staff will work with you to extend or relocate the secondary service wire on a time and materials basis. Otherwise, the new meter will be installed into the existing socket. Light and Power staff will contact you once the project has been assigned to a Project Manager. In addition, you will be contacted by the Crew Chief prior to the service being transferred. There will be an electrical shut down for about one to two hours while the new system is installed. If you have any questions regarding the electrical changeover, please contact Janet McTague, 224-6154, jmctague@fcgov.com 11.3 Packet Pg. 82 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 10 What about solar rebates? Currently, rebates are available for approximately 300 residential customers and multiple projects up to 1-megawatt total for commercial customers. You will receive full credit for the electricity generated by your PV system through our net metering program (see rates here). Information about federal tax incentives is available at Energy Star and the Solar Energy Industries Association. Available Rebates Residential: $0.50/Watt 1 , up to 3 kilowatts (kW) Commercial: $0.50/Watt*, up to 200 kilowatts (kW) Application Timeline Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, 2017 Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. 1 Rebate amounts are based on $0.50/Watt 20-year Renewable Energy Credit (REC) purchase. 2 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 Rates2 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. 83 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 11 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: Example: Address Estimated Lot SF Estimated Impervious Surface Estimated 2017 Monthly Fee3 2850 Hearthstone Drive 101,059 SF (2.32 Acres) 7,378 SF3 $37 Formula: Lot Size - lot area in square feet, plus the customer's share of open space in the development, if applicable Base Rate - $0.00 Rate Factor 4 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Formula for Estimated Monthly Rates: Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feet 5 Monthly Rate = 12,000 x $0.0043527 x Rate Factor plus (Lot Size - 12,000) x $0.0043527 x Rate Factor x 0.25 3 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 4 See table on next page. 5 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 11.3 Packet Pg. 84 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 12 Rate Factor Table: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) .25 0-.30 Very Light .4 .31 - .50 Light** .6 .51 - .70 Moderate .8 .71 - .90 Heavy .95 .91-1.0 Very Heavy **typical for residential For further information, please contact Jill White, Utility Fee Rate Specialist, 970-416-2139, jiwhite@fcgov.com What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and you are within 400 feet of the municipal sewer system you will be required to connect. Septic Systems are solely regulated by Larimer County Department of Health and Environment. If you have any additional questions, please contact the Larimer County Health Department by phone at (970) 498-6700 or visit http://www.co.larimer.co.us/health/ehs/isds.asp. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by Fort Collins Loveland Water District and South Fort Collins Sanitation District (if not currently on septic). For Water and Sewer, please contact the Fort Collins Loveland Water District and the South Fort Collins Sanitation District both of which can be contacted by phone at (970) 226-3104 or visit http://www.fclwd.com/contact/. 11.3 Packet Pg. 85 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 13 5. Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Below is a comparison of tax-rates between that the City of Fort Collins and Larimer County. Mill Levy :6 Tax Authority Fort Collins Larimer County Poudre R-1 General Fund 39.558 39.558 Larimer County 21.882 21.882 Poudre R-1 Bond Payment 13.072 13.072 Poudre Valley Fire District - 10.595 Fort Collins7 9.797 - Poudre River Public Library District 3.016 3.016 Health District of North Larimer County 2.167 2.167 Fort Collins – Loveland Water 1.500 1.500 Northern Colorado Water Conservation District 1.000 1.000 Larimer County Pest Control District 0.142 0.142 SUBTOTAL 92.134 92.932 South Fort Collins Sanitation District8 0.476 0.476 TOTAL 92.610 93.408 6 The mill levy is the “tax rate” that is applied to the assessed value of a property in order to fund a variety of services. One mill is one dollar per $1,000 dollars of assessed valuation. (0.001) 7 The County’s Poudre Fire District Mill Levy is replaced by the City of Fort Collins upon Annexation. The Fort Collins Mill Levy is lower by 0.748 Mill. 8 South Fort Collins Sanitation District Mill only applies if property is served by the South Fort Collins Sanitation District and not to those served by septic. 11.3 Packet Pg. 86 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 14 Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied.to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Loveland Water District No, sales tax is not assessed to the Fort Collins Loveland Water District. South Fort Collins Sanitation District No, sales tax is not assessed to the South Fort Collins Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in odd-numbered years, and that a specific date, June 30th of the year preceding the reappraisal year, be used to benchmark all property values throughout the state. The benchmark, or "level of value,” for this reappraisal cycle is June 30, 2014. For the 2015/2016 reappraisal cycle, Larimer County is using 60 months of data. That means our sales study period extends from July 1, 2009 through June 30, 2014. All sales are trended up or down to the level of value date, June 30, 2014, depending on market factors in the different areas of Larimer County. For 2016, only owners that saw a change in value or ownership from the previous year were mailed a notice with the new value and have the option to protest online. The majority of 11.3 Packet Pg. 87 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 15 property values do not change in even numbered years because Colorado is on a two-year reappraisal cycle. If you do not have the Notice of Value you may complete and mail a 2015 Protest Form to our office no later than June 1, 2016. Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by email or taken over the phone. Properties that are appealed during our protest period will be reviewed and a Notice of Determination will be sent to those property owners on June 30, 2016. If you are satisfied with the value after this review, the process ends and your tax will be based on the value reflected in the notice of determination. If you disagree with the Assessor's decision, the next step will be to file an appeal with the County Board of Equalization. More details will be provided in the Notice of Determination that will be sent June 30, 2016. What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 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 Tiana Smith, tjsmith@fcgov.com 11.3 Packet Pg. 88 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 16 6. Public Improvements Since 20009 Twin Silo Park (formerly Southeast Community Park) x 7 th community park in the City x Currently under construction x 54 acres in size x Total cost approximately 16M x Opens Fall 2017 Radiant Park x Neighborhood park x Completed in 2013 x 10 acres in size x Total cost approximately 3M Harmony Park x Neighborhood park x Completed in 2002 x 10 acres in size x Total cost approximately 2.3M Fossil Creek Park x Amenities: Lighted ball fields; basketball courts; sports fields; lighted tennis courts; playground; shelters; restrooms; skate park: interactive-water feature; dog park x Completed in 2003 x Total cost approximately 5.7M Area Street Improvements Since 2000 x Lemay Avenue Widening Project x Horsetooth/Ziegler Roundabout x Ziegler/Drake connection 9Total parks investment is $21.3 million, and counting. 11.3 Packet Pg. 89 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 17 x Horsetooth/Timberline intersection improvements x Harmony/College intersection improvements x Harmony widening to six lanes (Boardwalk to I-25), including intersection improvements at Lemay, Timberline, Ziegler and Bridge reconstruction east of Ziegler x Kechter/Ziegler Roundabout x Carpenter/Lemay Improvements x Trilby/Timberline Intersection Improvements x I-25 and 392 complete interchange reconstruction Area Transportation Improvements Since 2000 x Mason Trail / Fossil Creek Trail extension to Lemay including Lemay and College Underpasses x MAX line south of Harmony x Trilby Underpass for Power Trail x Power Trail – Harmony to Trilby (Phase I), Trilby to Carpenter (Phase II) x Expanded Transfort service x Harmony/I-25 Park and Ride improvements Area Community Facilities Since 2000 x New library at Front Range Village 7. Other Commonly Asked Questions Will I be able to use fireworks? The use of fireworks is prohibited within the City of Fort Collins unless a special permit is acquired. 11.3 Packet Pg. 90 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 18 How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 4-72. - Minimum size of pasture area for horses or ponies. Horses or ponies may be kept for the use of occupants of a lot and their guests provided that at least one-half (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / Horse10 How many chickens and roosters can I have on my property? x May keep up to 8 chicken hens x No roosters Will our car need to be registered when we are in the City of Fort Collins? Yes. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require all cats and dogs be registered. Larimer County and Timnath require the registration of dogs only. Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the application and provide the required fee(s). Fees are as follows: Animals 4 months to one year of age: $12.00 Animals 1 year and older, spayed or neutered: $12.00 Animals 1 year and older, not spayed or neutered: $35.00 Fees for Senior Citizen pet guardians (age 62 and older): Animals under one year of age: $5.00 Animals 1 year and older, spayed or neutered: $5.00 Animals 1 year and older not spayed or neutered: $35.00 Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to purchase a voluntary Cat License for $5.00. Replacement tags are $2.50. For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension 201 or visit www.larimerhumane.org 10 If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required. 11.3 Packet Pg. 91 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 19 Is a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? 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. 11.3 Packet Pg. 92 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) 20 What is Neighborhood Services? Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, including: x Assistance in organizing your neighborhood or meeting facilitation, x Free use of our copier for a neighborhood newsletters or fliers, x A Neighborhood Grant Program for help financially with big projects or events, x An Adopt-A-Neighbor Program for residents who need help shoveling snow, x Helpful wording for common neighborhood letters or emails, x A free, bimonthly e-newsletter called Neighborhood News with articles for your newsletter, and x Free welcome bags for new neighbors. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://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. 93 Attachment: Annexation FAQ Sheet (5699 : Blehm-Homestead Annexation) -1- ORDINANCE NO. 098, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE BLEHM-HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-051 stating the intent of the City to annex and initiating annexation proceedings for the Blehm-Homestead Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: TRACT 1: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, N00°49'51"W, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, S89°29'46"W, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, N00°18'28"W, A DISTANCE OF 1,263.21 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 1,772.13 FEET TO A POINT ON THE WEST LINE OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; Packet Pg. 94 -2- THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°49'51"E, A DISTANCE OF 1,252.47 FEET TO THE POINT OF BEGINNING. CONTAINING 51.336 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. TRACT 2: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR N89°30'22"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S00°43'32"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°43'32"W, A DISTANCE OF 20.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID HH-36 ANNEXATION, N89°30'22"E, A DISTANCE OF 2,161.74 FEET TO THE NORTHWEST CORNER OF THE HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID HOMESTEAD ANNEXATION THE FOLLOWING THIRTEEN (13) COURSES: 1. 23.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S45°29'38"E A DISTANCE OF 21.21 FEET; 2. S00°29'38"E, A DISTANCE OF 115.00 FEET; 3. 345.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°30'22"W A DISTANCE OF 311.13 FEET; 4. S89°30'22"W, A DISTANCE OF 100.00 FEET; 5. 268.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 40°30'08", AND A CHORD WHICH BEARS S69°15'18"W A DISTANCE OF 263.06 FEET; 6. 21.12 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 80°39'36", AND A CHORD WHICH BEARS S89°20'02"W, A DISTANCE OF 19.42 FEET; 7. S39°39'51"W, A DISTANCE OF 60.00 FEET; 8. 38.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 749.38 FEET, A CENTRAL ANGLE OF 02°57'32", AND A CHORD WHICH BEARS S48°51'24"E A DISTANCE OF 38.69 FEET; 9. 261.83 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 319.98 FEET, A CENTRAL ANGLE OF 46°53'00", AND A CHORD WHICH BEARS S23°56'08"E, A DISTANCE OF 254.59 FEET 10. S00°29'38"E, A DISTANCE OF 223.46 FEET; 11. 32.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 36°52'12", AND A CHORD WHICH BEARS S17°56'28"W A DISTANCE OF 31.62 FEET; 12. 131.29 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A Packet Pg. 95 -3- RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 150°26'53", AND A CHORD WHICH BEARS S38°50'53"E, A DISTANCE OF 96.69 FEET; 13. S00°29'38"E, A DISTANCE OF 193.85 FEET TO A POINT ON THE NORTH LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, S89°39'21"W, A DISTANCE OF 1,758.96 FEET TO THE SOUTHEAST CORNER OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID KECHTER ANNEXATION NO. 3 THE FOLLOWING FOUR (4) COURSES: 1. N00°43'32"E, A DISTANCE OF 559.09 FEET; 2. S89°31'04"W, A DISTANCE OF 300.15 FEET; 3. N00°44'36"E, A DISTANCE OF 725.89 FEET; 4. N89°29'46"E, A DISTANCE OF 299.94 FEET TO THE POINT OF BEGINNING. CONTAINING 57.906 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Blehm-Homestead Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 96 -4- Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 97 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 099, 2017, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Blehm-Homestead Annexation to the City of Fort Collins, Colorado and Approving Corresponding Changes to the Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the Blehm-Homestead enclave annexation into the Urban Estate (UE), zone district and Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this enclave annexation is Urban Estate (UE), which is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Low Density Residential, Low Density Mixed-Use Neighborhood Single-Family Residential and Multi-Family Residential East Low Density Mixed-Use Neighborhood Single-Family Residential and Multi-Family Residential South Low Density Mixed-Use Neighborhood Single-Family Residential, School West Low Density Mixed-Use Neighborhood, Urban Estate Single-Family Residential, Greenhouse, and Church Fossil Creek Reservoir Plan The parcels are located within the Fossil Creek Reservoir Area Plan, a joint plan between the City of Fort Collins and Larimer County and adopted in 1998. The planning area covers 5,062 acres of the southeast region of Fort Collins within the GMA. The objectives of the Plan are to: 12 Packet Pg. 98 Agenda Item 12 Item # 12 Page 2 1. Build a self-supporting group of neighborhoods with a full complement of parks, schools and community facilities linked by open space systems and consistent with the County’s Master Plan and Fort Collins’ City Plan, Principles and Policies. 2. Provide for protection of sensitive wildlife habitat around the Reservoir as well as provide standards for such habitat conservation. 3. Provide neighborhood centers as a focal point for neighborhood activity. Provide a Neighborhood Commercial Center to serve surrounding neighborhoods including a grocery store or supermarket and other neighborhood oriented retail services. 4. Link the area to other districts and neighborhoods, encourage walking and bicycling, and accommodate transit service to the Neighborhood Commercial Center and other neighborhood centers. 5. Complement, but not compete with, development in the Harmony Corridor. 6. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan. 7. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. Zoning The proposed zoning for the subject annexation is Urban Estate (UE). The district allows for a limited number of uses when compared to the abutting Low Density Mixed-Use Neighborhood district. Uses permitted in the UE district are intended to be low-density and large-lot housing that acknowledges the existing subdivisions which have been already been developed. A cluster development option that allows shifting density to preserve open space is an option under UE zoning. Because of the subject enclave’s overwhelmingly residential use and character the property is recommended as an addition to the Residential Neighborhood Sign District. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION This item was unanimously passed by the Planning and Zoning Board by a 5-0 vote; however, the item was pulled from the consent calendar by two adjoining neighbors of the Blehm-Homestead Annexation. Several issues regarding potential development, density that the proposed Urban Estate zoning would allow, possibility of future road connections and the potential traffic impacts cause by redevelopment were expressed. While the annexation and zoning of the property does not qualify as development, questions posed by the two community members were answered during the subsequent discussion of the item and can be found in the attached Planning and Zoning Board, June 15, 2017, Minutes. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on February 23, 2017, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from annexing into the City. Representatives from Planning Services, Light and Power, and Utilities were present to explain any potential difference in electrical rates, fees, services, zoning and infrastructure. 12 Packet Pg. 99 Agenda Item 12 Item # 12 Page 3 ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) 3. Planning and Zoning Board minutes, June 15, 2017 (draft) (PDF) 12 Packet Pg. 100 LMN RL UE TI L D E N ST H E AR T HSI D E D R C O R B E T T D R R O C K CR E E K D R DA L LA S CRE E K C T SPINDLEBUSH LN FALL HARVEST WAY MINERS CREEK C T MEDLAR PL COUNTY FAIR LN T R APPER S C REEK C TI L D E N ST H E AR T HSI D E D R C O R B E T T D R R O C K CR E E K D R DA L LA S CRE E K C T SPINDLEBUSH LN FALL HARVEST WAY MINERS CREEK C T MEDLAR PL COUNTY FAIR LN T R APPER S C REEK C T RABBIT CREEK RD KECHTER RD Planning & Zoning Board June 15, 2017 Page 5 showing parking lot usage. Mr. Berland confirmed that there is some data indicating one parking space per apartment with a reduction in parking requirements as time goes on and residents continue to age in place. Vice Chair Hansen also asked whether the fire easement at the rear of site plan will afford PFA the necessary space required; Mr. Hess confirmed that an arrangement has been made with PFA (“alternative compliance means”) to implement alternate measures in lieu of meeting standard requirements. He also clarified that there will be a stop sign exclusively for a fire lane. Member Hobbs asked about the plan to administer parking spaces for the building. Mr. Berland responded that the parking garage will have a barrier to separate various parking areas, and each unit will have parking rights via a sticker on their car and a device to open the parking gates. Member Carpenter asked to review non-emergency access points; Mr. Hess showed a slide of the proposed traffic flow pattern, which will include travel through the Whole Foods parking lot, and he also clarified the location of visitor parking spots. Public Input (3 minutes per person) Brad March, 1312 S. College Avenue, stated his support of this project. He provided some history of the project location’s origins, and he complimented the development team. Bob Cooper, 2209 Mathews, has a concern with the residential parking zones and their tendency to creep into surrounding neighborhoods. Board Questions and Deliberation Member Hobbs asked whether a maximum number of parking passes will be issued (no more than 154 total passes); Mr. Berland confirmed that, due to the finite amount of parking, only 154 will be issued in order to avoid over-leasing the parking spaces. Member Carpenter asked if anything in the future would change the age restriction; Chair Schneider clarified that this criteria is not being used as a justification for a modification, so this point is moot. Vice Chair Hansen questioned the adequacy of offering only 6 visitor spots; Mr. Berland responded that, once leasing begins, they will be able to better determine the specific parking needs. Member Hobbs made a motion that the Planning and Zoning Board approve the Spring Creek Place Apartments PDP#160020, based upon the findings of fact presented at the work session, the materials contained in the staff report, and the board discussion on this item. Member Whitley seconded. Vote: 5:0. Project: Blehm-Homestead Enclave Annexation Project Description: This is a City-initiated request to annex and zone an approximately 109-acre, 28- parcel enclave into the City of Fort Collins. The parcels became an enclave with the annexation of the Kechter Farm Annexation on May 16, 2014. As of May 17, 2017, the City became authorized to annex the enclave in accordance with State Statue 31-12-106. The enclaved parcels are located to the north and south of Kechter Road between S. Timberline and Ziegler Roads. During and after outreach efforts, city staff has not received objections from residents of the Blehm-Homestead Enclave Annexation. The City of Fort Collins recommends placing the enclaved property into the Urban Estate (UE), zone district. Recommendation: Approval Secretary Cosmas reported that one citizen letter was received representing 6 families that are opposed to the proposed stormwater fees to be charged; this group is aware that this topic is not under the purview of the Planning and Zoning Board. ATTACHMENT 3 12.3 Packet Pg. 103 Attachment: Planning and Zoning Board minutes, June 15, 2017 (draft) (5711 : Blehm-Homestead Zoning) Planning & Zoning Board June 15, 2017 Page 6 Staff Presentation and Analysis Planner Kleer gave a brief overview of this annexation, adding that Urban Estate (UE) zoning is being recommended. He also provided some history of the parcel. Public Input (3 minutes per person) Todd Gibson, 2614 Sage Creek Road and President of the adjacent Sage Creek neighborhood, asked if this property would be developed as apartments in the future and what the future traffic impacts may be, since the area has a significant number of families. Pete Miller, 2309 Sweetwater Creek Drive, also inquired about future development plans and what housing density would be for the UE zoning. He also asked if that zoning designation could change over time and what that process would be. He understood that this area would eventually be developed as a single parcel, and he is questioning whether that is still true. Staff Response Planner Kleer responded by saying that an annexation does not necessarily indicate future development, adding that the City is actively annexing enclaves at this time. Future development under the UE zoning would permit two units/acre (low density), and Residential Low Density (RL) would permit 4 units/acre. He stated that it is unlikely that the zoning would change in the future, and Chief Planner Shepard added that there is a specific rezoning process for any zoning changes for any property. A rezone would require an amendment to the structure plan, neighborhood meetings, P&Z Board recommendation, and then to City Council for two readings. He added that, while individual properties can be developed, there are plans at this time for future development for this enclave. Board Questions and Deliberation Member Hobbs asked about issues from surrounding neighborhoods related to the master street plan or arterial system; Chief Planner Shepard responded that, because the Blehm lots are so long and narrow, there is a street that could be used to serve the more remote parts of those lots to avoid any developing UE density. Planning Director Gloss added that, regarding potential future development, Staff has been approached by one property owner who is interested in redeveloping his property; he would still have to go through the established process for rezoning and development. Member Hobbs made a motion that the Planning and Zoning Board recommend to City Council approval of the Blehm-Homestead Enclave Annexation, including the zoning classification of Urban Estate and that the property would be placed in the residential neighborhood sign district, based upon the findings of fact presented at the work session, the materials contained in the staff report, and the board discussion on this item. Member Carpenter seconded. Vote: 5:0. The Board took a short recess at 7:55pm; they reconvened at 8:00pm. Project: 6020 S. College Storage PDP Project Description: This is a request to develop an enclosed mini-storage facility, on approximately 3.3 acres. The parcel is located generally at the southwest corner of Skyway Drive and South College Avenue. The proposed project includes an enclosed three story mini self-storage building with a basement, totaling approximately 108,000 square feet in size. All self-storage functions will be conducted 12.3 Packet Pg. 104 Attachment: Planning and Zoning Board minutes, June 15, 2017 (draft) (5711 : Blehm-Homestead Zoning) -1- ORDINANCE NO, 099, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE BLEHM-HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO AND APPROVING CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on June 15, 2017, unanimously recommended rezoning the property that is the subject of this Ordinance as set forth below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, the City Council has determined that the proposed zoning of the Blehm- Homestead Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Blehm-Homestead Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property (the “Property”) is more particularly described as: Packet Pg. 105 -2- TRACT 1: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, N00°49'51"W, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, S89°29'46"W, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, N00°18'28"W, A DISTANCE OF 1,263.21 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 1,772.13 FEET TO A POINT ON THE WEST LINE OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°49'51"E, A DISTANCE OF 1,252.47 FEET TO THE POINT OF BEGINNING. CONTAINING 51.336 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. TRACT 2: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR N89°30'22"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S00°43'32"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THE HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, S00°43'32"W, A DISTANCE OF 20.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID HH-36 ANNEXATION, N89°30'22"E, A DISTANCE OF 2,161.74 FEET TO THE NORTHWEST CORNER OF THE HOMESTEAD Packet Pg. 106 -3- ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID HOMESTEAD ANNEXATION THE FOLLOWING THIRTEEN (13) COURSES: 1. 23.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S45°29'38"E A DISTANCE OF 21.21 FEET; 2. S00°29'38"E, A DISTANCE OF 115.00 FEET; 3. 345.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°30'22"W A DISTANCE OF 311.13 FEET; 4. S89°30'22"W, A DISTANCE OF 100.00 FEET; 5. 268.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 40°30'08", AND A CHORD WHICH BEARS S69°15'18"W A DISTANCE OF 263.06 FEET; 6. 21.12 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 80°39'36", AND A CHORD WHICH BEARS S89°20'02"W, A DISTANCE OF 19.42 FEET; 7. S39°39'51"W, A DISTANCE OF 60.00 FEET; 8. 38.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 749.38 FEET, A CENTRAL ANGLE OF 02°57'32", AND A CHORD WHICH BEARS S48°51'24"E A DISTANCE OF 38.69 FEET; 9. 261.83 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 319.98 FEET, A CENTRAL ANGLE OF 46°53'00", AND A CHORD WHICH BEARS S23°56'08"E, A DISTANCE OF 254.59 FEET 10. S00°29'38"E, A DISTANCE OF 223.46 FEET; 11. 32.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 36°52'12", AND A CHORD WHICH BEARS S17°56'28"W A DISTANCE OF 31.62 FEET; 12. 131.29 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 150°26'53", AND A CHORD WHICH BEARS S38°50'53"E, A DISTANCE OF 96.69 FEET; 13. S00°29'38"E, A DISTANCE OF 193.85 FEET TO A POINT ON THE NORTH LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, S89°39'21"W, A DISTANCE OF 1,758.96 FEET TO THE SOUTHEAST CORNER OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID KECHTER ANNEXATION NO. 3 THE FOLLOWING FOUR (4) COURSES: 1. N00°43'32"E, A DISTANCE OF 559.09 FEET; 2. S89°31'04"W, A DISTANCE OF 300.15 FEET; 3. N00°44'36"E, A DISTANCE OF 725.89 FEET; 4. N89°29'46"E, A DISTANCE OF 299.94 FEET TO THE POINT OF BEGINNING. CONTAINING 57.906 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property known as the Blehm-Homestead Annexation and described herein is included in the Residential Neighborhood Sign District. Packet Pg. 107 -4- 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 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 108 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner SUBJECT Resolution 2017-066 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton First Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Newton First Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton First Annexation is the first Resolution of this series of sequential annexations, for a total of 1.4463 acres. Newton First Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 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. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice 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. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The 0.0703-acre Newton First Annexation total contiguous perimeter is 16.67% which satisfies the one-sixth (1/6) area required. Contiguity is gained from the previously annexed land: Lincoln Junior High School Second Annexation, 48.7163 acres, (1998). This annexation request is in conformance with 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. 13 Packet Pg. 109 Agenda Item 13 Item # 13 Page 2 CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on July 20, 2017, and will make its recommendation at that time. The Board’s recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on September 5, 2017. Also, as noted, this is a voluntary annexation. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with state statues. ATTACHMENTS 1. Newton First and Second Vicinity Map (PDF) 2. Newton First Vicinity Map (PDF) 3. Structure Plan map (PDF) 4. Zoning Map (PDF) 5. Northwest Subarea Plan Framework Map (PDF) 13 Packet Pg. 110 LINCOLN MIDDLE SCHOOL LINCOLN MIDDLE SCHOOL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Vicinity Map 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: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 1 13.1 Packet Pg. 111 Attachment: Newton First and Second Vicinity Map (5703 : Newton First Annexation) LINCOLN MIDDLE SCHOOL LINCOLN MIDDLE SCHOOL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First Annexation Vicinity Map 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: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First Annexation Area ATTACHMENT 2 13.2 Packet Pg. 112 Attachment: Newton First Vicinity Map (5703 : Newton First Annexation) RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Structure Plan Map 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: June 30, 2017 Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 4 13.3 Packet Pg. 113 Attachment: Structure Plan map (5703 : Newton First Annexation) RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Zoning Map 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: June 30, 2017 Legend Water Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Proposed Zoning: UE ATTACHMENT 3 13.4 Packet Pg. 114 Attachment: Zoning Map (5703 : Newton First Annexation) N. Taft Hill R elds St. UE LMN RL NCL CL NCM E N. Taft Hill R elds St. UE LMN RL NCL CL NCM E C L A R I O N PROPOSED ZONING 2,300 1,150 0 2,300 Feet Legend October 2006 [ North Legend City Limits Parcels Proposed Zoning Community Commercial Community Commercial North College Community Commercial Poudre River Commercial Limited Commercial Commercial North College CSU Downtown Employment Harmony Corridor Industrial High Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood Medium Density Mixed-Use Neighborhood Neighborhood Commercial Neighborhood Conservation Buffer Neighborhood Conservation Low Density Neighborhood Conservation Medium Density Public Open Lands River Conservation River Downtown Redevelopment Residential Foothills Low Density Residential Transition Urban Estate GMA Newton First and Second Annexation Area ATTACHMENT 5 13.5 Packet Pg. 115 Attachment: Northwest Subarea Plan Framework Map (5703 : Newton First Annexation) -1- RESOLUTION 2017-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE NEWTON FIRST ANNEXATION 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 Newton First Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Newton First 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 accepts the annexation petition for the Newton First Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS : BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89°02'48"E. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET; THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE AND THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING; THENCE N12°29'25"E A DISTANCE OF 125.00 FEET; THENCE S10°35'02"E A DISTANCE OF 125.00 FEET, TO A POINT ON SAID NORTHERLY LINE; THENCE ON SAID NORTHERLY LINE, N89°02'48'W A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING. Packet Pg. 116 -2- CONTAINING A CALCULATED AREA OF 3,062 SQUARE FEET OR .0703 ACRE. Section 3. That the City Council hereby finds and determines that the annexation petition for the Newton First 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; (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 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Newton First 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; Packet Pg. 117 -3- (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 5. 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 118 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2017-066 initiating annexation proceedings for the Newton First Annexation, consisting of less than one acre and generally located at 1516 West Vine Drive, east of Lincoln Middle School, said Annexation being more particularly described in Resolution 2017-066. That, on September 5, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Urban Estate (“U-E”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 18th day of July, A.D. 2017. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 119 Attachment: Exhibit A (5723 : Newton First Annexation RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner SUBJECT Resolution 2017-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton Second Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Newton Second Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton Second Annexation is the second and last Resolution of this series of sequential annexations. Newton Second Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 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 BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice 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. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The 1.376-acre Newton Second Annexation total contiguous perimeter is 18.94% which satisfies the one-sixth (1/6) area required. Because this is a series annexation, contiguity is gained from the associated annexation: Newton First, 0.0703 acres, (2017) This annexation request is in conformance with 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. 14 Packet Pg. 120 Agenda Item 14 Item # 14 Page 2 CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on July 20, 2017, and will make its recommendation at that time. The Board’s recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on September 5, 2017. Also, as noted, this is a voluntary annexation. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with state statues. ATTACHMENTS 1. Newton First and Second Vicinity Map (PDF) 2. Newton Second Vicinity Map (PDF) 3. Zoning Map (PDF) 4. Structure Plan Map (PDF) 5. Northwest Subarea Plan Framework Map (PDF) 14 Packet Pg. 121 LINCOLN MIDDLE SCHOOL LINCOLN MIDDLE SCHOOL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Vicinity Map 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: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 1 14.1 Packet Pg. 122 Attachment: Newton First and Second Vicinity Map (5718 : Newton Second Annexation) LINCOLN MIDDLE SCHOOL LINCOLN MIDDLE SCHOOL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton Second Annexation Vicinity Map 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: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton Second Annexation Area ATTACHMENT 2 14.2 Packet Pg. 123 Attachment: Newton Second Vicinity Map (5718 : Newton Second Annexation) RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Zoning Map 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: June 30, 2017 Legend Water Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Proposed Zoning: UE ATTACHMENT 3 14.3 Packet Pg. 124 Attachment: Zoning Map (5718 : Newton Second Annexation) RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Structure Plan Map 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: June 30, 2017 Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 4 14.4 Packet Pg. 125 Attachment: Structure Plan Map (5718 : Newton Second Annexation) RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Structure Plan Map 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: June 30, 2017 Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 4 14.5 Packet Pg. 126 Attachment: Northwest Subarea Plan Framework Map (5718 : Newton Second Annexation) -1- RESOLUTION 2017-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE NEWTON SECOND ANNEXATION 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 Newton Second Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Newton Second 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 accepts the annexation petition for the Newton Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS : BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89°02'48"E. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET; THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , AND THE WESTERLY LINE OF NEWTON FIRST ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES: 1. N00°49'22"E A DISTANCE OF 60.00 FEET; 2. N89°02'48'W A DISTANCE OF 150.00 FEET; Packet Pg. 127 -2- 3. N00°49'22"E A DISTANCE OF 300.00 FEET; 4. S89°02'48"E A DISTANCE OF 200.00 FEET; 5. S00°49'22'W A DISTANCE OF 360.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION ; THENCE ON SAID EASTERLY LINE, N10°35'02'W A DISTANCE OF 125.00 FEET; THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION, S12°29'25'W A DISTANCE OF 125.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760 ACRES. Section 3. That the City Council hereby finds and determines that the annexation petition for the Newton Second 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; (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 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Newton Second Annexation Packet Pg. 128 -3- 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; (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 5. 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 129 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2017-067 initiating annexation proceedings for the Newton Second Annexation, consisting of approximately 1.37 acres and generally located at 1516 West Vine Drive, just east of Lincoln Middle School, said Annexation being more particularly described in Resolution 2017-067. That, on September 5, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Urban Estate (“U-E”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 18th day of July, A.D. 2017. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 130 Attachment: Exhibit A (5724 : Newton Second Annexation RESO) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Helen Matson, Real Estate Services Manager SUBJECT Resolution 2017-068 Approving the Assignment of the Purchase and Sale Agreement Between the City and the Housing Authority of the City of Fort Collins for the Purchase of 1506 West Horsetooth Road, Fort Collins, Colorado, to Village on Horsetooth, LLLP. EXECUTIVE SUMMARY The purpose of this item is to consider a request from Fort Collins Housing Authority, dba Housing Catalyst (Authority) to assign its interest in the Purchase and Sale Agreement for the purchase of 1506 West Horsetooth Road, to Village on Horsetooth, LLLP. On March 1, 2016, City Council adopted Ordinance No. 025, 2016, authorizing the conveyance of the property to the Authority. The Ordinance specifically authorized the sale to the Authority. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The property at 1506 West Horsetooth was the first of the properties included in the Affordable Housing Land Bank program to be released for sale. Staff issued a Request for Proposals (RFP) looking for developers to design and construct a project at the Horsetooth site, complying with the requirements of the Land Bank Program. The timing of the RFP was to allow the selected developer to be able to apply for state tax credits and Community Development Block Grant Disaster Relief funding. Three proposals were received and two developers were interviewed. The selection committee selected the Authority’s proposal that provided for units for households in the 30% AMI and didn’t require additional federal grant dollars from the City. City Council approved Ordinance No. 025, 2016 which authorized the conveyance of this property to the Authority. At the time of approval, a draft Agreement was attached to the Ordinance. The Fort Collins Housing Authority, dba Housing Catalyst submitted its proposal to purchase 1506 West Horsetooth Road as the Authority and they did not alert the City about the need to transfer ownership as part of their financing structure. The Agreement signed by both parties allowed the Authority to assign its agreement only with the City's prior written approval. Since March 2016, the Authority has been completing design of the planned project for this site, as well as proceeding through the development process. The project has been approved and the Authority is preparing to close with the City. The Authority now needs to assign the contract to a newly created limited liability, limited partnership pursuant to the financing structure required to obtain low income housing tax credits. The Authority proposes to assign this contract to Village on Horsetooth, LLLP. The LLLP will be 99% owned by the Authority's private lender and the Authority will retain a small percentage ownership through a newly formed LLLC. While the ownership is small, it is important to note that in addition to being the Managing General 15 Packet Pg. 131 Agenda Item 15 Item # 15 Page 2 Partner, the Authority will also be the developer and the Property Manager of this project. In addition, the Authority will become the sole owner of the development after the 15 year tax credit period expires. CITY FINANCIAL IMPACTS Allowing the Authority to assign its agreement does not have a financial impact on the City. 15 Packet Pg. 132 -1- RESOLUTION 2017-068 APPROVING THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND THE HOUSING AUTHORITY OF THE CITY OF FORT COLLINS FOR THE PURCHASE OF 1506 WEST HORSETOOTH ROAD, FORT COLLINS, COLORADO, TO VILLAGE ON HORSETOOTH, LLLP WHEREAS, the City is the owner of the real property located at 1506 West Horsetooth Road, Fort Collins, Colorado, (the “Property”); and WHEREAS, the Property was purchased in 2003 as part of the City’s Affordable Housing Land Bank Program (the “Program”), pursuant to Sections 23-350 to 23-355 of the City Code; and WHEREAS, the purpose of the Program is to help affordable housing providers secure sites for future affordable housing development throughout the City by purchasing sites that will likely appreciate in the future while they are less expensive, and holding them for five to fifteen years; and WHEREAS, in November 2015, based on the City Council’s expressed interest in developing one or more of the Program properties, the City issued a Request for Proposals (“RFP”) to find a qualified development team to construct an affordable housing development on the Property in accordance with the requirements of the Program (the “Project”); and WHEREAS, after reviewing the three proposals received by the City, the City selected the Housing Authority of the City of Fort Collins, dba Housing Catalyst (“FCHA”) as its development partner for the Project; and WHEREAS, on January 26, 2016, the City Council adopted Resolution 2016-008 expressing the Council’s support for the Project, and stating its intent to convey the Property to FCHA subject to the Council’s authorization by ordinance as required by the City Code; and WHEREAS, on March 1, 2016, the City Council adopted Ordinance No. 025, 2016, authorizing the sale of the Property to FCHA, and authorizing the Mayor to execute an Agreement of Purchase and Sale for the Property between the City and FCHA in substantially the form attached to such Ordinance as Exhibit B (the “Agreement”); and WHEREAS, the Agreement states that the Property will be conveyed to FCHA and that it can only be assigned with the written consent of the City; and WHEREAS, FCHA has asked the City for consent to assign its interest in the Agreement to Village on Horsetooth LLLP, a newly-formed limited liability, limited partnership (the “LLLP”); and Packet Pg. 133 -2- WHEREAS, the Managing General Partner of the LLLP, owning a .01% interest in the LLLP, would be Village on Horsetooth, LLC, a limited liability company wholly owned by FCHA that would also be the developer of the Project; and WHEREAS, the Limited Partner in the LLLP, owning 99.99% of the LLLP, would be USBCDC, LLC, the investor providing equity and receiving tax credits for the Project; and WHEREAS, this ownership structure is typical for FCHA projects involving outside investors, and will allow FCHA to obtain the financing it needs to complete the Project; and WHEREAS, FCHA will manage the Project and be able to take full ownership of the Property after the fifteen-year tax credit period; and WHEREAS, City staff has reviewed the request for assignment of the Agreement and supports the request. 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 assignment of the Agreement from FCHA to the LLLP is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute a letter consenting to the assignment described above in a form consistent with this Resolution, on such terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 134 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Daniel Clark, Key Accounts Representative Lisa Rosintoski, Utilities Customer Connections Manager SUBJECT Resolution 2017-069 Authorizing the City Manager to Execute an Agreement between the City of Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization to Use a Portion of Pretreated Wastewater in Cooling Towers. EXECUTIVE SUMMARY The purpose of this item is to consider an agreement to allow New Belgium Brewing Company, Inc. (NBB) to use a portion of pretreated wastewater from its on-site water treatment plant to run through cooling towers for a 12-month pilot period. NBB has requested permission to gather more data in order to determine the feasibility of operating the system on a long-term basis. This pilot period also allows Utilities an opportunity to evaluate this type of system for long term program development. This system was also tested for a period of 30 days last year in October pursuant to a separate agreement authorized under Resolution 2016-061. During that test period NBB and Utilities gathered positive data and NBB would like the opportunity to fine tune the system. NBB agrees to abide by all local and state regulation for the test period and the plan has been reviewed extensively by City staff. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION NBB is a customer of Utilities that receives water and wastewater service. NBB pretreats a portion of its wastewater at an onsite facility, with the “pretreated” wastewater then being sent to Utilities’ water reclamation facilities for further treatment and (ultimately) discharge to the River. The wastewater pretreated onsite is brewing process water, spent yeast, out-of-specification beer, and used cleaning chemicals, and is not domestic wastewater from the facility. Cooling towers evaporate water to reduce the electric load needed to meet an industrial facility’s’ cooling needs. This system has operated with treated, potable water to this point, but many facilities across the country have found success with mixing treated wastewater effluent to reduce the amount of potable water needed for cooling. NBB has indicated the goal for this project is to manage utility costs as well as meet corporate goals pertaining to water conservation at its facility. Utilities would also like the additional information from a longer pilot to understand if designing a permanent program open to other similarly situated commercial/industrial customers would be feasible. Last year, NBB conducted a 30-day project whereby a portion of the pretreated wastewater was used in onsite cooling towers pursuant to a separate agreement authorized under Resolution 2016-061. While the 30-day pilot was useful and generally a success, NBB would like a longer pilot period to refine how to manage cooling tower systems with this type of water. 16 Packet Pg. 135 Agenda Item 16 Item # 16 Page 2 NBB has been in discussions with various governmental agencies regarding this project, including the Colorado Department of Public Health and Environment (CDPHE) (which regulates water quality) and the Colorado Division of Water Resources (which administers water rights, including the City’s water rights used to serve NBB and other Utilities’ customers). The CDPHE Hazardous Materials Division has given approval to the project. Utilities staff is investigating the possibility of a permanent program involving the use of onsite, treated wastewater by NBB and other similarly-situated customers. Because such a program would be a shift in operations, Utilities staff requires extended time to fully analyze the various impacts of such a program as it relates to water rights, water quality, operation costs, and other considerations in the regulatory landscape. Authorizing this temporary use of treated wastewater onsite will provide Utilities with more data to aid in program development. The agreement with NBB would grant temporary authorization for NBB’s use of the onsite, treated wastewater subject to various terms and conditions that are required to protect Utilities’ interests, as well as to ensure Utilities is able to fully benefit from the data acquired through this project. CITY FINANCIAL IMPACTS The financial impacts from this temporary authorization would be approximately $3,915 in lost revenue from fees associated with water not delivered to NBB, and wastewater that would not be treated. BOARD / COMMISSION RECOMMENDATION Staff plans to manage the analysis of the temporary project with Water Board prior to providing City Council a recommendation on a permanent program. PUBLIC OUTREACH Outreach for this temporary project is singularly focused with NBB. If the temporary project recognizes a benefit that warrants a rate ordinance then staff will plan public outreach to customers that would qualify. 16 Packet Pg. 136 -1- RESOLUTION 2017-069 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND NEW BELGIUM BREWING COMPANY, INC. REGARDING TEMPORARY AUTHORIZATION TO USE A PORTION OF PRETREATED WASTEWATER IN COOLING TOWERS WHEREAS, the City owns and operates Fort Collins Utilities, which includes a water utility and a wastewater utility that provide water and wastewater service to customers pursuant to Fort Collins City Code and other applicable law, rules, and regulations; and WHEREAS, New Belgium Brewing Company, Inc. (“New Belgium”) is a water and wastewater customer of Utilities that owns and operates a brewery in Fort Collins; and WHEREAS, New Belgium owns and operates a process wastewater treatment plant (“New Belgium PWTP”) at the brewery that discharges “pretreated” wastewater into the City’s sewer system; and WHEREAS, pursuant to Resolution 2016-016, the City entered into an agreement with New Belgium, by which the City authorized New Belgium to use up to 250,000 gallons of such pretreated wastewater in cooling towers at the brewery over a 30-day period; and WHEREAS, New Belgium has now requested authorization to use up to 7 million gallons of such pretreated wastewater in cooling towers at the brewery over a one year period; and WHEREAS, City Code does not authorize Utilities customers to use pretreated wastewater from process wastewater treatment plants; and WHEREAS, the City is willing to authorize New Belgium’s temporary use of pretreated effluent from the New Belgium PWTP as described herein in order to acquire data, information, and practical experience related to whether a Utilities-wide permanent program concerning the use of pretreated wastewater onsite from process water treatment plants is desirable, feasible, and otherwise consistent with the prudent management and operation of Utilities in light of all concerns including, but not necessarily limited to, financial considerations and all applicable law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to execute an Agreement substantially in the form of Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Packet Pg. 137 -2- Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 138 Page 1 of 7 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND NEW BELGIUM BREWING COMPANY, INC. REGARDING TEMPORARY AUTHORIZATION TO USE A PORTION OF PRETREATED WASTEWATER IN COOLING TOWERS This Agreement is entered into this __ day of ________, 2017, by the following Parties: the City of Fort Collins, Colorado, a home rule municipality (“City”); and New Belgium Brewing Company, Inc., a Colorado corporation (“New Belgium”). RECITALS A. The City owns and operates Fort Collins Utilities (“Utilities”), which includes a water utility and a wastewater utility that provide water and wastewater service to customers pursuant to Fort Collins City Code and other applicable law, rules, and regulations. B. New Belgium is a water and wastewater customer of Utilities. New Belgium owns and operates a brewery in Fort Collins, on Lots 1 and 2 of the Final Plat of the New Belgium Brewery Fourth Filing, reordered with the Larimer County Clerk and Recorder at Reception No. 2006-0045463 on June 19, 2006, the address of which is 500 Linden Street, Fort Collins, Colorado 80524 (“New Belgium Site”). C. New Belgium owns and operates a process wastewater treatment plant (“New Belgium PWTP”) at the New Belgium Site that discharges treated wastewater into the City’s sewer system pursuant to Industrial Discharge Permit No. 16002, revised April 15, 2016 (“pretreated wastewater”). D. The wastewater sent to the New Belgium PWTP comprises wastewater from the brewery, such as used process water, spent yeast, out-of-specification beer, and used cleaning chemicals. The wastewater sent to the New Belgium PWTP does not include domestic wastewater or other wastewater from the New Belgium Site. E. Pursuant to Resolution No. 2016-061, the City and New Belgium entered into the Agreement Between the City of Fort Collins and New Belgium Brewing Company, Inc. regarding Temporary Authorization to Use a Portion of Pretreated Wastewater in a Cooling Tower, dated August 18, 2016, by which the City authorized New Belgium to use up to 250,000 gallons of pretreated wastewater in a cooling tower on the New Belgium Site for a 30-day period. F. New Belgium has requested authorization to use up to 7 million gallons of its pretreated wastewater in cooling towers on the New Belgium Site over a 1 year period. Such use would be effectuated by pumping a portion of the pretreated wastewater from the New Belgium PWTP to the cooling towers. G. City Code does not authorize Utilities customers to use pretreated wastewater from process wastewater treatment plants. New Belgium’s various permits from Utilities likewise do not purport to authorize New Belgium to use pretreated wastewater from its PWTP. New Belgium thus requires authorization from the City to use any of its pretreated wastewater. EXHIBIT A 1 Packet Pg. 139 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Page 2 of 7 H. The City is willing to authorize New Belgium’s temporary use of pretreated wastewater from the New Belgium PWTP as described herein in order to acquire data, information, and practical experience related to whether a Utilities-wide permanent program concerning the use of pretreated wastewater onsite from process water treatment plants is desirable, feasible, and otherwise consistent with the prudent management and operation of Utilities in light of all concerns including, but not necessarily limited to, financial considerations and all applicable law. AGREEMENT 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. APPROVAL FOR USE OF PRETREATED WASTEWATER. The City hereby authorizes New Belgium to use up to a total of 7 million gallons of pretreated wastewater from the New Belgium PWTP in cooling towers on the New Belgium Site over a 1 year period during the term of this Agreement, pursuant to the terms and conditions of this Agreement. No other use of pretreated wastewater from the New Belgium PWTP or otherwise is authorized hereby. New Belgium expressly acknowledges that this Agreement creates no entitlement or expectation of further analogous or similar authorizations. 3. TERMS AND CONDITIONS. The following terms and conditions shall apply to New Belgium’s use of its pretreated wastewater. 3.1. METERING. New Belgium shall continuously meter all pretreated wastewater delivered from the New Belgium PWTP to the cooling towers. Such metering shall be made with a totalizing flow meter approved by Utilities. The metering of the pretreated wastewater delivered to the cooling towers shall be made before the remainder of pretreated wastewater is metered and delivered to the City’s water reclamation facilities pursuant to Industrial Discharge Permit No. 16002. Such metering shall, at minimum, measure and account for the continuous flow rate and the daily volume (in gallons) of pretreated wastewater delivered from the New Belgium PWTP to the cooling towers. 3.2. REPORTING. New Belgium shall deliver all metering data to Dan Clark at dclark@fcgov.com within ten days of the completion of the 12 month period, as well as included with the monthly reports to Utilities Billing Group, and further reported to Utilities as may otherwise be requested by Utilities. Such data shall be delivered in the format in which it was collected, and shall also include any summaries of such data prepared by New Belgium. 3.3. INSPECTIONS. New Belgium shall allow Utilities staff to inspect any facilities associated with the use of the pretreated wastewater within 24 hours of when such a request is made. 3.4. INFORMATION SHARING. New Belgium agrees to cooperate, in good faith, with Utilities regarding the evaluation of the use of pretreated wastewater pursuant to this 1 Packet Pg. 140 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Page 3 of 7 Agreement. New Belgium further agrees that any and all information provided to the City under this Agreement may be shared publically. 3.5. REPORTING LEAKS OR SPILLS. New Belgium shall report any leaks or spills of pretreated wastewater to Utilities immediately upon discovery irrespective of the size of the leak or spill. New Belgium shall prepare a spill response plan, which must be approved by Utilities in writing, prior to using pretreated wastewater pursuant to this Agreement. 3.6. REVOCATION OF AUTHORIZATION. Utilities shall have the right, at its sole discretion, to revoke this authorization and require New Belgium to immediately cease any and all use of any and all pretreated wastewater. Notice of such revocation shall be provided to New Belgium pursuant to Paragraph 11, and to Nick Ampe, at the following contact information: 500 Linden Street, Fort Collins, CO 80524, (970) 494-7805, nampe@newbelgium.com. 4. REPRESENTATIONS. New Belgium hereby represents that it has acquired, or will acquire prior to the use of any pretreated wastewater pursuant to this Agreement, any and all approvals, authorizations, and permits needed to use pretreated wastewater pursuant to this Agreement including, but not necessarily limited to, those from the State of Colorado and its various agencies (such as, by way of example, the Colorado Department of Public Health and Environment) and the United States and its various agencies (such as, by way of example, the Environmental Protection Agency). New Belgium shall provide to the City copies of any and all approvals, authorizations, and permits as soon as practicable pursuant to Paragraph 11. 5. TERM. This Agreement shall be in effect from the date it is last signed by the Parties, which shall be written on the first paragraph of this Agreement above, for a period of one year. Any and all use of pretreated wastewater shall thereafter cease. 6. INDEMNIFICATION. New Belgium agrees to indemnify the City (which includes Utilities), its officers, agents, employees, and representatives, from all claims and liability, including but not limited to the City’s reasonable legal fees and costs, including attorneys’ fees, for any and all claims made by third persons (including, but not limited to, administrative and other actions brought by governmental agencies) associated with New Belgium’s activities under this Agreement and for any and all actions or omissions by New Belgium in violation of this Agreement. 7. REMEDIES. If either Party fails to comply with the provisions of this Agreement, the other Party may seek all such remedies available under Colorado law. 8. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 1 Packet Pg. 141 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Page 4 of 7 9. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in accordance with the laws of the State of Colorado, insofar as any matter is not regulated by applicable laws of the United States. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 10. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. 11. NOTICES. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of five (5) business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To the City: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 epotyondy@fcgov.com and: Fort Collins Utilities Attn: Water Resources Manager 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522-0580 To New Belgium: New Belgium Attn: Nick Ampe 500 Linden Street Fort Collins, CO 80524 12. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. 14. REPRESENTATIONS. Each Party represents to the other Party that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. 1 Packet Pg. 142 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Page 5 of 7 15. ASSIGNMENT. No Party may assign any rights or delegate any duties under this Agreement without the written consent of the other Party. [Remainder of Page Left Blank Intentionally] 1 Packet Pg. 143 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Page 6 of 7 CITY OF FORT COLLINS, COLORADO, a Colorado home rule city By: ______________________________________ Date: Darin A. Atteberry, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office 1 Packet Pg. 144 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Page 7 of 7 NEW BELGIUM BREWING COMPANY, INC., a Colorado Corporation By: ______________________________________ Date: ATTEST: By: ______________________________________ 1 Packet Pg. 145 Attachment: Exhibit A (5728 : New Belgium Wastewater Use Agreement RESO) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Justin Scharton, Environmental Planner John Stokes, Natural Resources Director SUBJECT Resolution 2017-071 Supporting the Grant Application for an Inspire Grant From the State Board of Great Outdoors Colorado Trust Fund. EXECUTIVE SUMMARY The purpose of this item is for Council to offer its support of an implementation grant application submitted by the City for Great Outdoors Colorado (GOCO) Inspire Initiative, a funding opportunity that focuses on connecting youth and their families to the outdoors in underserved communities. GOCO requires a resolution by City Council supporting the implementation grant application. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Larimer County and the City of Fort Collins were awarded a planning grant through GOCO’s Inspire Initiative to create a plan in northwest Fort Collins to better connect youth to the outdoors. The planning effort, known as Project Outdoors, includes places for youth to better connect to nature, programs for students to receive environmental education PreK-12, and pathways for youth to explore careers in natural resources. The Project Outdoors planning effort focused in the neighborhood surrounding the Boys & Girls Club (B&GC) and Lincoln Middle School (Lincoln) in northwest Fort Collins. (Attachment 1) A coalition of partners is managing Project Outdoors including City of Fort Collins, Larimer County, Colorado State University (CSU), Poudre School District (PSD), and the B&GC. GOCO requires a community-driven and youth-focused planning process resulting in nature-based places for children to connect to nature as the project foundation. A suite of locations have been identified at neighborhood schools and the B&GC hub where youth and their families can more easily access nature. A highlight of the Places component is a parcel near Lincoln Middle School and the B&GC (known as "Narnia" by the youth) that will provide numerous outdoor recreation opportunities. The current model has Poudre School District donating this parcel to the City and the Parks department acting in the lead management role, with the potential of a park site on the parcel at some point in the future. Proposed capital projects include a trail connection between Lincoln Middle School and Poudre Trail through the “Narnia” parcel along with improvements to that parcel. In addition, other minor trail connections have been identified in the area, along with learning gardens at feeder elementary schools. (Attachment 2) Programs include a comprehensive student programming sequence that spans early childhood to college ages, and gradually moves from the backyard to the backcountry. The plan also includes career pathways to job opportunities in natural resources. The places component must support the programs/pathways and 17 Packet Pg. 146 Agenda Item 17 Item # 17 Page 2 likewise, the programming must activate the places. There is a strong focus by GOCO on projects that are culturally relevant while removing community-voiced barriers to connecting to the outdoors. Programming highlights include programming for all students in the area from PreK-12th grade, a year-round outdoor club at the B&GC, and additional staff capacity for PSD for outdoor/environmental education. Inspire initiative communities were able to ask for up to $3 million in implementation from GOCO. There are 18 communities competing for $14 million and not all communities are expected to receive funding. The City is requesting from GOCO $2,992,581 of the $4,351,149 total project cost. The City and partners are contributing 31% match (cash and in-kind), or $1,358,568. GOCO requires a minimum of 25% match and at least 10% cash match with three budget proposals (50%, 75% and 100%). A draft grant application was due to GOCO June 26 (for their review) and a final application is due July 26. CITY FINANCIAL IMPACTS Funding for the development of Project Outdoors capital improvements and programming is subject to GOCO funding, in addition to Parks Planning, Parks, Nature in the City, PSD and other sources. Long term maintenance of the “Narnia” site will be led by Parks with minor support from Natural Areas subject to funding approvals through the City’s Budgeting for Outcomes process. The funding sources for the City’s contribution to the GOCO Grant have been identified and are already appropriated, and the City’s in-kind contributions would be provided by already existing City staff or resources. BOARD / COMMISSION RECOMMENDATION The Land Conservation & Stewardship Board will hear this item at its regular meeting on July 14, 2017. Board recommendation and minutes will be provided in the Read Before packet on July 18. PUBLIC OUTREACH Over nine months the project team has engaged over 800 students, parents, teachers, community members and other stakeholders during workshops, site visit, project surveys and a Youth Advisory Council. ATTACHMENTS 1. Location map (PDF) 2. Conceptual Plan (PDF) 17 Packet Pg. 147 TAFT HILL RD. N. SHIELDS RD. LAPORTE AVE. FULLANA LEARNING CENTER PUTNAM ELEMENTARY SHIELDS ST. RIVER ACCESS W. VINE ST. WILLOX LN. IRISH ELEMENTARY POUDRE HS LINCOLN MIDDLE SCHOOL SOFT GOLD PARK MAGPIE MEANDER NATURAL AREA MCMURRY & SALYER NATURAL AREAS LEE MARTINEZ PARK NORTH SHIELDS PONDS NATURAL AREA POUDRE TRAIL POUDRE TRAIL KEY BOYS AND GIRLS CLUB EXISTING SIDEWALKS EXISTING TRAIL NARNIA TRAIL CONNECTION PROJECT OUTDOORS FOCUS AREA: PROPOSED PLACES 1/4 MILE PROPOSED PROJECT SCHOOL ZONE EXISTING SIDEWALK PROPOSED SIDEWALK PROPOSED TRAIL EXISTING GARDEN NEW GARDEN NEW GARDEN (Install Fall 2017) PUENTE VERDE FUTURE STORMWATER DETENTION AND scale 1”=60’ 0’ 30’ 60’ 120’ N OUTDOORTOWER CLASROOM LOOKOUT BIKE FIX-IT STATION SHADE PAVILION PUMP TRACK ENTRANCE GATE FORT FOREST COPAK PROGRAMMING ENVIRONMENTAL ART THRESHOLD CON C EPTU AL PLAN F O RT COLLINS INS PIRE INITIATIVE NARNIA PARK TO GRANADA HEIGHTS TO TOO TOOO TTO TTTTTTTTTTTTTTTTTTTOOOOOOOOO LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN LINCOLN COL COOL COLL CCCCCCCCCCCCCCCCCCCCCCCCCCCOOOOOOOOOOOOOOOOOOOOOOOOOOOOOLLLLLLLL OL N NM NMM NNM NNNNN M MM MMM MMMM MIDDLE IDD IDDD ID IIII IDD DD DDD LLE LE LEE LEEE LLLLL SCHOOL SCH SC SSSSS SCHH SCCC CH C CHH OOL OOLL OO OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOO OL OO OLL OUTDOOR CLASROOM SHADE PAVILION BIKE FIX-IT ENTRANCE GATE LOOKOUT TOWER FREE RANGE HABITAT ENVIRONMENTAL ART THRESHOLD FORT FOREST PUMP TRACK EXISTING SOFTSCAPE SOCIAL TRAILS WEST GROVE T O P O U D R E T R A I L OPEN PRAIRIE N E W P A V E D T R A I L A L I G N -1- RESOLUTION 2017-071 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE GRANT APPLICATION FOR AN INSPIRE GRANT FROM THE STATE BOARD OF GREAT OUTDOORS COLORADO TRUST FUND WHEREAS, the City is applying for an Inspire Initiative Implementation Grant from the State Board of Great Outdoors Colorado (“GOCO”) Trust Fund for the development of a parcel adjacent to Lincoln Middle School and other proposed capital projects and programs related thereto (the “Project”); and WHEREAS, the Project requires a community-driven and youth-focused planning process resulting in nature-based places for children to connect to the outdoors as the project foundation; and WHEREAS, the City, with a coalition of partners that include Larimer County (“County”), Colorado State University (“CSU”), Poudre School District (“PSD”), and the Boys & Girls Club of Larimer County (“B&GC”) and various nonprofits (together, the “Local Coalition”), have identified a suite of locations at neighborhood schools and near the B&GC hub where youth and their families can more easily access nature; and WHEREAS, a highlighted proposed capital project under the Project includes PSD donating a parcel between Lincoln Middle School and Poudre Trail, commonly referred to by local youth as “Narnia,” to the City with the potential of a park site on the parcel at some point in the future; and WHEREAS, other proposed capital projects and programs under the Project include a trail connection between Lincoln Middle School and Poudre Trail through the “Narnia” parcel, other minor trail connections, learning gardens at three schools, and a comprehensive student programming sequence that includes career pathways to job opportunities in natural resources, a year-round outdoor club at the B&GC and additional staff capacity for the City, PSD and the B&GC for outdoor/environmental education; and WHEREAS, as part of its grant application process, GOCO requires that the governing body of any entity applying for grant funds pass a resolution to show that it is aware of and supports the application, and recognizes the financial and other obligations the grant creates; and WHEREAS, such resolution is to include an acknowledgement of the applicant’s obligation to provide matching funds, a statement verifying ownership of the real property necessary for the Project, and a commitment to maintain the Project in the future; and WHEREAS, the City, and the Local Coalition, are contributing a total 31% match (cash and in-kind contributions) of $1,358,568 and the City is contributing $630,000 made up of $535,000 in cash and $95,000 in-kind contributions; and WHEREAS, the City’s estimated annual cost to maintain its parts of the Project is $29,666 a year, with an additional amount of less than $15,000 a year to maintain crossing and pedestrian improvements. Packet Pg. 150 -2- WHEREAS, the City will enter into separate agreements with each member of the Local Coalition to ensure their contribution to the Project and to ensure they will own and maintain real property and improvements associated with the Project in accordance with GOCO requirements; and WHEREAS, should the City receive a GOCO grant for the Project and complete the Project as planned, the City intends to maintain its parts of the Project, including real property, in high quality condition, subject to the annual appropriation by the City Council in the City Council’s discretion; and WHEREAS, should the City receive a GOCO grant for the Project, staff will ask the City Council, by a separate resolution, to authorize the City to enter into a Grant Agreement with GOCO and separate agreements with each member of the Local Coalition; and WHEREAS, the funding sources for the City’s contribution to the GOCO Grant have been identified and are already appropriated, and the City’s in-kind contributions would be provided by already existing City staff or resources. 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 strongly supports the application for the GOCO Project and will either provide any required matching funds or in kind contributions for the Project, or enter into agreements to ensure members of the Local Coalition provide any required matching funds or in kind contributions, so that no additional City funds will be spent on the Project. Section 3. That if the grant is awarded, the City Council strongly supports the completion of the Project. Section 4. That the City Council has authorized the expenditure of funds necessary to meet City’s obligations under the terms of any grant awarded. Section 5. That the Project site involves parcels owned by various Local Coalition members, including the City, and the City intends to be the owner of any of its Project sites for the next 25 years and further believes it is the intent of each Local Coalition member that it will own any Project site for the next 25 years. Section 6. That the City recognizes that, as the recipient of a GOCO local government grant, any Project site must provide reasonable public access. Packet Pg. 151 -3- Section 7. That, should the City receive a GOCO grant and the Project is completed as planned, the City will ensure it maintains any Project enhancement or improvements in a high quality condition and will appropriate funds for maintenance in its annual budget, subject to the discretion of the City Council, and will further enter into agreements, as applicable, with Local Coalition member to ensure each Local Coalition member continues to maintain any Project enhancements or improvements in a high quality condition and will ensure Local Coalition members appropriate funds for maintenance in their annual budgets, subject to the discretion of their respective governing bodies. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 152 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Vincent Kitch, Cultural Services and Facilities Director SUBJECT Resolution 2017-070 Approving Fort Fund Grant Disbursements. EXECUTIVE SUMMARY 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax funds is applied to the Cultural Development and Programming Account to support cultural events and 75% of revenue from lodging tax is dedicated to the Tourism Programming Account to support tourism events and activities - 5% of which is also dedicated to the Fort Fund Cultural Funding Programs. Local non-profit organizations may apply to Fort Fund for cultural and/or tourism event support. The City Council appointed the Cultural Resources Board to review grant applications based on approved guidelines (Attachment 1) and make recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 028, 1992 and Section 2-203 (3) of the City Code. Fort Fund grants support arts and cultural events that enrich the cultural life of the community, promote local heritage and diversity, provide opportunities for arts and cultural participation, help define Fort Collins as a cultural center and tourist destination, have wide appeal for a significant part of the community, and promote the general welfare of the City’s inhabitants. June 2017 Funding Session At its June 28, 2017 regular meeting, the Cultural Resources Board reviewed 21 Tier #2 applications with total requests equaling $88,200. 16 applications were found eligible and recommended for funding. The following table summarizes the amount and sources of available funds: Grant Requests Available Funds Grant Awards Balance Forward $88,200 $90,159 $49,600 $40,559 The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed each application at its June 28, 2017 meeting. The Board discussion is outlined in the draft minutes and funding plan (Attachment 2). The Board is recommending disbursement of $49,600 18 Packet Pg. 153 Agenda Item 18 Item # 18 Page 2 from the City’s Cultural Development and Programming Account to the 16 eligible applicants as outlined in Exhibit A to Resolution 2017-070. CITY FINANCIAL IMPACTS The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code. This Resolution would distribute $49,600 from the Cultural Development and Programming Account to local non-profit organizations. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2017 budget. Lodging tax is collected pursuant to Section 25-252 of the City Code. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board is presenting these recommendations to City Council on public arts and cultural events that should receive funding and the recommended grant amounts each event should receive from the available Cultural Development and Programming Account and Tourism Programming Account revenues. Exhibit A to Resolution 2017-070 presents the allocations recommended by the Cultural Resources Board to the City Council for Tier #2 funding. ATTACHMENTS 1. Fort Fund Guidelines (PDF) 2. Cultural Resources Board minutes, June 28, 2017 (draft) (PDF) 18 Packet Pg. 154 18.1 Packet Pg. 155 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 156 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 157 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 158 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 159 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 160 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 161 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 162 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 163 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) 18.1 Packet Pg. 164 Attachment: Fort Fund Guidelines (5727 : Fort Fund June 2017) ATTACHMENT 2 18.2 Packet Pg. 165 Attachment: Cultural Resources Board minutes, June 28, 2017 (draft) (5727 : Fort Fund June 2017) 18.2 Packet Pg. 166 Attachment: Cultural Resources Board minutes, June 28, 2017 (draft) (5727 : Fort Fund June 2017) 18.2 Packet Pg. 167 Attachment: Cultural Resources Board minutes, June 28, 2017 (draft) (5727 : Fort Fund June 2017) 18.2 Packet Pg. 168 Attachment: Cultural Resources Board minutes, June 28, 2017 (draft) (5727 : Fort Fund June 2017) 18.2 Packet Pg. 169 Attachment: Cultural Resources Board minutes, June 28, 2017 (draft) (5727 : Fort Fund June 2017) 18.2 Packet Pg. 170 Attachment: Cultural Resources Board minutes, June 28, 2017 (draft) (5727 : Fort Fund June 2017) -1- RESOLUTION 2017-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS, providers of lodging accommodations in the City are required by Section 25-250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2- 203(3) and 25-244 of the City Code through its Fort Fund Program; and WHEREAS, the City's Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203(3) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the "Fort Fund Guidelines"); and WHEREAS, at its regular meeting on June 28, 2017, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in Section 2-203 of the City Code and the Fort Fund Guidelines; and WHEREAS, the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 171 -2- Section 2. That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit “A” serves a public purpose that benefits the community. Section 3. That funds in the total amount of FORTY-NINE THOUSAND AND SIX HUNDRED DOLLARS ($49,600) from the City's Cultural Development and Programming Account are hereby approved for distribution as set forth in Exhibit "A". Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 172 EXHIBIT A FORT FUND GRANT PROGRAM June 2017 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Canyon Concert Ballet Ballet, Back, and Beer Location: Community Creative Center September 28-30, and October 1, 2017 Ballet, Bach, and Beer is a collaboration between Canyon Concert Ballet, NoCo Artists and Bryce Kopperrud with High $2,000 $2,000 $0 $0 100% Country beverage to be presented at the CCC. Colorado Bach Ensemble Colorado Bach Ensemble 2017/18 Season Location: University Center of the Arts October 27, 2017; December 16,2017; May 18, 2018 Colorado Bach Ensemble will present three concerts at the UCA - Bach's Cantata #80 in October, Handel's Messiah in $5,000 $3,500 $0 $1,500 70% December, and Bach's B minor Mass in May. CSU ACT Human Rights Film Festival Location: Lory Student Center, Lincoln Center, The Lyric April 13-20, 2018 The third annual ACT Human Rights Film Festival will occur April 13-20, 2018, both on and off the campus of CSU. The festival will feature $5,000 $3,500 $0 $1,500 70% apporximately 16 international documentary and narrative fiction films that explore a wide range of human rights and social justice issues. Dance Express December Delight Location: Lincoln Center, Magnolia Theatre December 19-20, 2017 December Delight showcases celebrations from around the world that occur in December. Not only does Dance Express bring diverstiy $3,000 $2,250 $0 $750 75% to the starge through the lens of variying abilities, but also sheds light on the mulitple cultures enrich the human experience in this season Disabled Resource Services Wine Fest 36 Location: Marriott Hotel April 6, 2018 The Wine Fest features 500+ wines from 150+ Colorado, U.S. and internation wineries for it's festival to support $5,000 $0 $0 $5,000 0% Disabled Resource Services Feeding Our Community Ourselves FoCo Café's Bike-In Music Festival Location: Shire CSA July 23, 2017 The Bike-In festival combines favorites of our community - bikes, live music, local food, and local beer. The festival is family $5,000 $0 $0 $5,000 0% friendly and located at Shire CSA. Food Bank for Larimer County 21st Annual Empty Bowls Location: Hilton Fort Collins February 15, 2018 Empty Bowls has become one of Food Bank for Larimer County's signature fundraisers. Empty Bowls has turned into a $5,000 $0 $0 $5,000 0% community-wide collaboration in which PSD students and local artists come together to donate hand-crafterd pottery bowls. Fort Collins Children's Theatre Fort Collins Children's Theatre Fall Musical Location: Lincoln Center Performance Hall November 17th-19th, 2017 Fort Collins Children's Theatre will be putting on five performance of Mary Poppins. The production will feature a professional $5,000 $3,750 $0 $1,250 75% staff, talented young actors, ages 11-17 and experienced professional, adult actors. Fort Collins Figure Skating Club 2018 Southwestern regional Figure Skating Championships Location: Edora Pool Ice Center October 9-15, 2017 FCFSC was selected by U.S. Figure Skating to host the 2018 Southwestern Regional Figure Skating Championships on $5,000 $3,500 $0 $1,500 70% October 11-12, 2017. APPROVED FUNDING Fort Fund Tier 2: Special Events Fund 1 Packet Pg. 173 Attachment: Exhibit A (5731 : Fort Fund June 2017 RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED APPROVED FUNDING Fort Collins Museum of Disovery Night at the Museum Location: Fort Collins Museum of Discovery September 29, 2017 Night at the Museum will generate revenue, awareness, and support for our museum throughout our region. It will also $5,000 $0 $0 $5,000 0% leverage the museum's unique facility, reawaken adult attendee's desire to paly, and showcase core experiences in new ways. Fort Collins Reads Fort Collins Reads Presents Author Ann Patchett Location: Hilton Fort Collins November 5, 2017 Author Ann Patchett will speak at the Hilton Hotel on November 5, 2017. Prior to the weekend, members of the community will $4,000 $3,000 $0 $1,000 75% read the book, discuss it, and Reads will sponsor several other events surrouding the book. Fort Collins Symphony Association Outside the Box YES and POPS Concerts Location: Timberline Church January 18, 2018; April 20, 2018 Outside the Box events are an established series of programs aimed to introduce live ochestral music to myriad audiences, $5,000 $4,000 $0 $1,000 80% including young professionals, students, and families. Friends of the Symphony/ Symphony Guild Musical Zoo 2018 Location: Timerbline Church February 11, 2018 An expected 1,800 children, family, and friends, and other attendees will experience an exciting educative experience $5,000 $4,000 $0 $1,000 80% involving a range of musicians, musical instruments, and music performances in a fun and stimulating ambiance. Global Village Museum of Arts and Cultures Sacred Arts Week - Tibetan Peace Mandala Location: Global Village Museum September 25 - October 1, 2017 After a successful visit by Tibetan Monks in October 2014, GVM is honored to be invited to be part of their Sacred Arts Tour in 2017 $1,200 $1,200 $0 $0 100% At GVM theMonks will perform daily rituals, construct a World Peace Mandala, and sell Tibetan art. High Performance Dance 2017/2018 Season of Dance Location: Lincoln Center Performance Hall September 29-30, 2017 HPDT is returning to its roots this fall by bringing back "Fangalangus Island." This performanc will be with dancers ages 8-18. $3,000 $2,100 $0 $900 70% Larimer Choral Society Singing for Seniors - Fall 2017 Session Location: Christ United Methodist Church and Griffin Hall September 5 - November 18, 2017 SfS is organized into 3 10-week sessions per year. With this proposal, we seek funding for the fall 2017 session, which includes $5,000 $3,750 $0 $1,250 75% 10 2-hour rehearsals and a culminating event called an Informance. Laudamus 20th Anniversary Grant Laudamus 20th Anniversary Grant Location: Plymouth Congregational Church November 1, 2017 In tribute to its past successes in music-making, Laudamus will revisit repertoire that the chorale has performed before especially $4,000 $2,800 $0 $1,200 70% the seminal Cantata 150 for ochestra and choir by J.S. Bach. Lincoln Center Support League 18th ArtWear Biennial Location: Lincoln Center October 20-28, 2017 Since 1992, ArtWear Fashon Week has been showcasing the exciting world of wearable art, providing a forum for an exploration $5,000 $3,750 $0 $1,250 75% of innovative fiber arts techniques and materials, and featuring unique wearable art garments of the highest quality. Opera Fort Collins Guild Songs in the Summer Location: Hixon Residence August 3, 2017 The event is in the exquisite gardens of Carol Ann and Gary Hixon and is comprised of tow activities, socializing accompanied by $2,000 $0 $0 $2,000 0% food and drinks, followed by a musical program. 1 Packet Pg. 174 Attachment: Exhibit A (5731 : Fort Fund June 2017 RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED APPROVED FUNDING PYCH dba Off the Hook Arts WinterFest Location: Various venues in Old Town January 21 - January 28, 2018 January 2018 will be our fouth season of WinterFest. This year's theme is the making of the early days of the Hollywood film $4,000 $3,000 $0 $1,000 75% industry through influence of European artists who immigrated to Los Angeles around mid-20th century. Windsor Communty Playhouse Fort Collins Fringe Festival Location: Various venues in Downtown Fort Collins July 27-30, 2017 "Fringe" is performance art that is off the beaten path; that won't find it's home in an average theatre season line-up. "Fringe' means $5,000 $3,500 $0 $1,500 70% exploring new boundaries, new venues, new ways of shaping and sharing a story. The FCFF will honor the Fringe tradition during its festival. Total Funding Requested by Applicants $88,200 Total Funding Recommended for disbursement by CRB $49,600 $0 Total Unfunded Balance $38,600 % of Requested Amounts Funded 56% Scores are based on application materials and Fort Fund's "Criteria for Funding." 1 Packet Pg. 175 Attachment: Exhibit A (5731 : Fort Fund June 2017 RESO) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2017-072 Appointing Arsineh Hecobian to the Air Quality Advisory Board of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint Arsineh Hecobian to fill a vacancy that currently exists on the Air Quality Advisory Board due to the resignation of Robert Kirkpatrick. Arsineh Hecobian’s term is to begin immediately and is set to expire on December 31, 2018. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Robert Kirkpatrick resigned from the Air Quality Advisory Board on March 20, 2017; applications were solicited in May and June. Councilmembers interviewed Arsineh Hecobian on July 5, 2017, and the interviewers recommend this appointment begin immediately, with term expiring December 31, 2018. ATTACHMENTS 1. Application (PDF) 19 Packet Pg. 176 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 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Air Quality Advisory Board Name: Arsineh Hecobian Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in?District 4 Current Occupation: Research Scientist Employer:Colorado State University Recent and/or relevant work experience (please include dates) 2013-2016: Project manager for Garfield and North Front Range oil and gas development air quality impact projects. 2015: Project manager for City of Fort Collins and Town of Timnath oil and gas development air quality impact projects. Participant in NASA (2008), NCAR(2002), NOAA(2006), and NPS (2016,2017) air pollution measurement projects. Published 16 scientific manuscripts Recent and/or relevant volunteer experience (please include dates) I have previous volunteer experience as board member of Homenetmen girl scouts group in Las Vegas. I have also been volunteering at the Spring Creek Garden and the Fort Collins Museum of Art for the past 2 years. I have served as an advisory member to the Garfield County air quality management group. 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 have been conducting research in air quality since I received my Master's and Doctorate degrees and am very interested in taking the next step which is sharing my expertise in a way that benefits my community and learning more at the same time. 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 was present at the ESAB meeting held on January 10, 2017, where my supervisor presented our results from the North Front Range Oil and Gas Air Pollution Emission and Dispersion Study. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Ph.D. in Earth and Atmospheric Sciences from Georgia Institute of TechnologyM.S. in Chemistry from University of Las Vegas, Nevada Great written and oral communication skillsVery familiar with current air quality research and technologyWorked on an air quality project for the City of Fort CollinsAble to assimilate data and understand scientific reports ATTACHMENT 1 19.1 Packet Pg. 177 Attachment: Application (5745 : BC appt - AIS) 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) The effects of oil and gas development on air quality: This issue will require collaboration between Fort Collins and nearby cities to understand and address the increased emissions from current oil and gas operations and the potential for future development. Part of the solution is working directly with oil and gas companies to help them use technologies and implement activities that mitigate air pollution as much as possible. CDPHE is currently working on a risk assessment project from the data collected at CSU. This report can be used to inform the Board's future decisions. 2) The effects of wildfire emissions on air quality: Wildfires can be the source of high particulate and gas emissions which can adversely affect human health. More information on the transport of the emissions, discussion of potential locations, and steps to reduce future fires can be helpful tools. Part of addressing this problem can be directed at helping landowners learn better land management techniques to keep their lands and houses safe and reduce potential air pollution too. 3) The effects of urban emissions on air quality: Northern Front Range has seen growth in recent years and is predicted to have more in coming years. This is great for economics and can make Fort Collins an even better place to live if handled correctly. The increase in population will mean more cars which will mean more emissions. Smart urban planning which balances the need for economic growth with forward-looking plans can help foster growth while keeping the environment (air) clean. This will also help us with any surface ozone non-attainment issues. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None that I know. 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 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: Arsineh Hecobian Date: Jun-01-2017 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Colleague 19.1 Packet Pg. 178 Attachment: Application (5745 : BC appt - AIS) -1- RESOLUTION 2017-072 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ARSINEH HECOBIAN TO THE AIR QUALITY ADVISORY BOARD OF THE CITY OF FORT COLLINS WHEREAS, a vacancy currently exists on the Air Quality Advisory Board of the City due to the resignation of Robert Kirkpatrick; and WHEREAS, the City Council desires to make an appointment to fill the vacancy which currently exists on the Air Quality Advisory 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 the following named individual is hereby appointed to fill the current vacancy on the Air Quality Advisory Board, with a term to begin immediately and to expire as set forth below: Air Quality Advisory Board Expiration of Term Arsineh Hecobian December 31, 2018 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 179 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Jeff Mihelich, Deputy City Manager SUBJECT First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort Collins Regulating Trespass and the Obstruction of a Highway or Passageway. EXECUTIVE SUMMARY The purpose of this item is to consider changes to Section 17-128 of the City Code regarding obstructing a highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such use, and adds planters to the list of examples of such objects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past several summers, Fort Collins has experienced an increase in disruptive behaviors around the city, causing numerous challenges and frustration among downtown visitors, business owners, and residents. Council has held several work sessions on this subject and past actions taken include partial funding of the Outreach Fort Collins Team, securing reserved jail space for municipal offenders sentenced to jail, passage of an Appropriate Use of Public Spaces Ordinance that focused on access to transit facilities and restrooms, and funding Police Services overtime to increase presence downtown. Past discussions at City Council meetings have included possible options to keep downtown welcoming and easily accessible to all residents and visitors by mitigating unwanted and disruptive behaviors. At the March 7, 2017 Council Meeting discussing the Appropriate Use of Public Space Ordinance, City Council modified the proposed ordinance to not include language related to restricting sitting and lying on sidewalks during certain hours of the day. Citing multiple public outreach meetings with both business and residents where staff had presented this idea and public comment that evening, Council instructed staff to instead pursue changes in the obstructing a passageway ordinance to narrowly expand the definition of obstruction to include blocking access to places people frequently are accessing. Staff presented a broad framework for this at the May 23 Work Session by indicating a plan to amend the ordinance by addressing access to “public facilities.” Council expressed general support for moving forward with this idea. In order to address Council’s direction and to positively affect pedestrian movement around town while mitigating disruptive behavior that is not conducive to a welcoming environment, staff is recommending the following changes to the Obstruction ordinance: 1. Add a provision prohibiting blocking passage to “public fixtures”, which include pedestrian crosswalk buttons, benches, and water fountains, among other things. 20 Packet Pg. 180 Agenda Item 20 Item # 20 Page 2 2. Make minor adjustment in the existing trespass ordinance to make it illegal to lie on or otherwise occupy objects not designed for such use, where climbing, sitting and standing are currently the only explicit prohibitions, and adding planters to the existing list of examples of such objects. These changes are anticipated to keep access to public facilities open and allow for the intended use of that infrastructure. Additionally, the City’s investment in flowerbeds downtown would also be protected by the amendment to the Trespass ordinance. CITY FINANCIAL IMPACTS This item is not expected to incur costs beyond existing budgets PUBLIC OUTREACH Staff is relying on the public outreach which was conducted as a part of the Appropriate Use of Public Spaces Ordinance to inform recommendations and public insights on this ordinance. As a part of the Appropriate Use of Public Spaces process, staff conducted outreach sessions with the Downtown Business Association, the Downtown Development Authority, and the Chamber of Commerce’s Local Legislative Advisory Committee. In conjunction with business outreach, general citizen outreach was conducted at a coffee talk and a community meeting which were held on February 15 and February 22, respectively. ATTACHMENTS 1. Work Session Summary, May 23, 2017 (PDF) 2. Powerpoint presentation (PDF) 20 Packet Pg. 181 ATTACHMENT 1 20.1 Packet Pg. 182 Attachment: Work Session Summary, May 23, 2017 (5742 : Amendments to the Obstruction Ordinance) 20.1 Packet Pg. 183 Attachment: Work Session Summary, May 23, 2017 (5742 : Amendments to the Obstruction Ordinance) Amending the Obstruction and Trespass Ordinances July 18, 2017 ATTACHMENT 2 20.2 Packet Pg. 184 Attachment: Powerpoint presentation (5742 : Amendments to the Obstruction Ordinance) October 11th Work Session: • Discussed need for potential new ordinances March 7th Council Meeting: • Considered Appropriate Use of Public Spaces • Staff instructed to bring Obstruction changes back May 23rd Work Session: • Generally supportive of staff framework for modifications 2 Background 20.2 Packet Pg. 185 Attachment: Powerpoint presentation (5742 : Amendments to the Obstruction Ordinance) Public Outreach As part of AUPS Ordinance – Staff conducted following outreach: • Community meeting • Coffee talk • Multiple outreach sessions to business/Chamber • Online questionnaire 3 20.2 Packet Pg. 186 Attachment: Powerpoint presentation (5742 : Amendments to the Obstruction Ordinance) Obstruction and Trespass Modifications 4 WHY • Needed to meet Council directive related to unwanted behaviors and to protect public infrastructure WHAT • Add restrictions for obstructing access to public fixtures (benches, water fountains, etc.) • Prohibit lying on or occupying flowerbeds and planters 20.2 Packet Pg. 187 Attachment: Powerpoint presentation (5742 : Amendments to the Obstruction Ordinance) Items for Consideration Obstruction Ordinance • Add prohibition of blocking passage to “public fixtures” • Includes pedestrian crossing buttons, water fountains, and benches Trespass Ordinance • Minor amendment to make it illegal to lie on or otherwise occupy objects not designed for sitting or lying (e.g., flowerbeds, planters) • Currently only climbing, sitting, and standing are prohibited Staff recommends approval of both amendments 5 20.2 Packet Pg. 188 Attachment: Powerpoint presentation (5742 : Amendments to the Obstruction Ordinance) -1- ORDINANCE NO. 100, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PORTIONS OF CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS REGULATING TRESPASS AND THE OBSTRUCTION OF A HIGHWAY OR PASSAGEWAY WHEREAS, pursuant to its constitutional home rule powers and Sections 31-15-401 and 31-15-702, Colorado Revised Statutes, the City has the power to regulate the conduct upon and the use of public sidewalk areas and highways; and WHEREAS, the City currently has a Code provision regulating obstruction of a highway and passageway; and WHEREAS, earlier this year, City Council asked staff to propose improvements to the obstruction ordinance in order to facilitate enforcement of such ordinance; and WHEREAS, City staff recommends modifying the existing provision to prohibit obstructing not only sidewalks and highways, but also obstructing access to public fixtures, such as benches, pedestrian signal buttons, trash cans, and water fountains; and WHEREAS, the current trespass ordinance regulates sitting or standing on public certain objects, such as sculptures or statues, but City Council believes lying on or otherwise occupying such objects should also be regulated; and WHEREAS, in recent years there has been an increase in complaints from businesses and individuals about persons obstructing walkways near businesses; and WHEREAS, persons obstructing walkways cause unreasonable harm and inconvenience to pedestrians and persons utilizing wheelchairs or with other mobility issues; and WHEREAS, the City Council finds that the City has a compelling interest in encouraging and preserving a vital, pedestrian-friendly City; and WHEREAS, the City Council finds that it is beneficial to encourage pedestrian-friendly and shared walkways; and WHEREAS, when persons misuse walkways it makes those facilities unavailable to others who want or need to use them; and WHEREAS, the City Council believes it is necessary to regulate the appropriate use of walkways and public fixtures under the circumstances set forth herein, for the preservation of the health, safety, and welfare of the City’s citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 189 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 17-128 of the Code of the City of Fort Collins is hereby amended to read in its entirety as follows: Sec. 17-128. Obstructing a highway or passageway. (a) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection: Business hours shall mean the time the business is open, plus an hour before opening and an hour after closing. The hours may be posted on the business itself or on its website, or if the hour are not posted, between the hours of 8 a.m. and 6 p.m. Entrance shall mean the frame of any door for use by the public or by employees to access the building. Unreasonably inconvenient or hazardous shall mean potentially causing danger, trouble, difficulty, or frustration to the ordinary person. (ab) No person acting without legal privilege shall: (1) Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, hallway or any other public place for the passage of persons, vehicles or conveyances to which the public or a substantial group of the public has access, or obstruct pedestrian access to fixtures intended for use by the public, including but not limited to, benches, pedestrian signal buttons, trash cans, and water fountains, whether the obstruction arises from that person’s acts alone or from that person’s acts and the acts of others; or (2) Disobey a reasonable request or order to move issued by one whom the person knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by those gathered in dangerous proximity to a fire, riot or other hazard. (bc) For purposes of this Section, the term obstruct shall mean to render impassable or to render passage unreasonably inconvenient or hazardous. The term unreasonably inconvenient or hazardous as defined in Subsection (a) shall include, but not be limited to, sitting, kneeling, or lying within twenty (20) feet of the entrance to any business establishment during the business hours of that establishment, whether or not a particular person’s passageway has, in fact, been impeded. Packet Pg. 190 -3- (cd) The foregoing prohibitions against sitting, kneeling, or lying within twenty (20) feet of the entrance to a business establishment during business hours shall not apply to any person who is: (1) Who, aAs a result of a disability, utilizinges a wheelchair, walker or similar device to move about the public sidewalk; (2) Sitting or lying down due a medical emergency; (3) Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted pursuant to a street use or other applicable permit; or (4) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.; (5) Sitting on a chair supplied by the City or the Downtown Development Authority for use in the occupied location; (6) Age 13 or under; (7) Operating a commercial establishment or vending cart, or carrying out other activities pursuant to a license, permit, or other authorization; or (8) An employee or agent of the City or Downtown Development Authority, acting within the scope of his or her employment. Section 3. That Section 17-40 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-40. Trespass; trespass on railroad property. … (b) No person shall climb, sit, lie, or stand upon, or otherwise occupy, any sculpture, statue, planter, or other object situated on public or private property, without the express consent of the owner thereof, unless such object is designed, intended and made available to the general public for such use. … Packet Pg. 191 -4- Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 192 M E N T POUDRE TRAIL ROOSEVELT NATIONAL FOREST EXISTING JUMPS EXISTING JUMPS FREE RANGE HABITAT BACKCOUNTRY MOUNDSCAPE BACKYARD BACK ENTRY COPAK PROGRAMMING EAST GROVE BI BBBBI BBBBIKE KE KKE KKKKKE PPPPPPPPPPPPPPPPAR AR AAR ARRR ARR ARKKKKKKKKKKKKKKKKKKKKKK TH T E EE EEEEE HU HHHHHU HHHU HHUU HH BBBBBBBBBBBBBBBBBBBBBB BA BBA BAAA BAA BB CK CKK C CO CCO COUN UN UNNNNN UNTR TR TRYYYYYYYYY MOUNDS PLANTED EDGE PLANTED EDGE PLANTED EDGE MOUNDS ATTACHMENT 2 Pa NATURAL AREA N ATTACHMENT 1 17.1 Packet Pg. 148 Attachment: Location map (5698 : Natural Areas GOCO Inspire Grant) SAGE CREEK R D MILL STONE WAY C O R B ETT D R CORBETT DR PHA N TOM CRE E K CT AUTUMN H A RVEST WAY ROCK C REEK D R OLD MILL RD CORBETT DR C O U N TY F AI R LN HEARTHSTONE CIR ROCK CREEK DR KA D E N W O O DDR M A D I S ON C R E E K DR KIOWA CREEK D R STETS O N CREEK DR OLD M ILL R D SPRUCE C REEK DR TREE ROW LN SAGE CREEK RD SPACIOUS SKIES DR COPPE R VEIN ST AMBER WAVES LN FR U ITED PLA I NS LN T I M BER C R E E K DR C OPPER MILL LN OLD MILL RD COPPER CREST LN C L EAR CR E EK LN P I N E Y CRE E K DR COUNTY FAIR LN OL D DOMI N I O N CT YELLOW CREEK DR C R OSS CRE E K DR GOLDEN WHEAT LN K E Y S T O N E C R E E K C T COPPER CREEK D R ESPALIER LN SAPLING ST LODGE P OLE CREE K DR G OL D E N HAR V EST LN HE AR T H S T O N E D R S T ILLWATE R C REEK DR SP R I NG HA R VE S T L N CO R NERSTO N E DR SADDLE CREEK DR BRUSH CREEK DR RUFF WAY SWEETWATER CREEK DR CRO S S V I E W DR C O R N ERS T O N E D R E COUNTY ROAD 36 Blehm-Homestead Enclave Structure Plan 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: June 15, 2017 Legend Water City Limits Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors 00.060.120.180.24 Miles Scale 1 inch equals 634 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossingSecond\VicinityMap.mxd Annexation Area Annexation Area ATTACHMENT 2 12.2 Packet Pg. 102 Attachment: Structure Plan Map (5711 : Blehm-Homestead Zoning) T RABBIT CREEK RD KECHTER RD SAGE CREEK R D MILL STONE WAY C O R B ETT D R CORBETT DR PHA N TOM CRE E K CT AUTUMN H A RVEST WAY ROCK C REEK D R OLD MILL RD CORBETT DR C O U N TY F AI R LN HEARTHSTONE CIR ROCK CREEK DR KA D E N W O O DDR M A D I S ON C R E E K DR KIOWA CREEK D R STETS O N CREEK DR OLD M ILL R D SPRUCE C REEK DR TREE ROW LN SAGE CREEK RD SPACIOUS SKIES DR COPPE R VEIN ST AMBER WAVES LN FR U ITED PLA I NS LN T I M BER C R E E K DR C OPPER MILL LN OLD MILL RD COPPER CREST LN C L EAR CR E EK LN P I N E Y CRE E K DR COUNTY FAIR LN OL D DOMI N I O N CT YELLOW CREEK DR C R OSS CRE E K DR GOLDEN WHEAT LN K E Y S T O N E C R E E K C T COPPER CREEK D R ESPALIER LN SAPLING ST LODGE P OLE CREE K DR G OL D E N HAR V EST LN HE AR T H S T O N E D R S T ILLWATE R C REEK DR SP R I NG HA R VE S T L N CO R NERSTO N E DR SADDLE CREEK DR BRUSH CREEK DR RUFF WAY SWEETWATER CREEK DR CRO S S V I E W DR C O R N ERS T O N E D R E COUNTY ROAD 36 Blehm-Homestead Enclave Zoning 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: June 15, 2017 Legend Water Low Density Mixed-Use Neighborhood (LMN) Low Density Residential (RL) Urban Estate (UE) 00.060.120.180.24 Miles Scale 1 inch equals 634 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossingSecond\VicinityMap.mxd Annexation Area Annexation Area ATTACHMENT 1 12.1 Packet Pg. 101 Attachment: Zoning Map (5711 : Blehm-Homestead Zoning) SAGE CREEK R D MILL STONE WAY C O R B ETT D R CORBETT DR PHA N TOM CRE E K CT AUTUMN H A RVEST WAY ROCK C REEK D R OLD MILL RD CORBETT DR C O U N TY F AI R LN HEARTHSTONE CIR ROCK CREEK DR KA D E N W O O DDR M A D I S ON C R E E K DR KIOWA CREEK D R STETS O N CREEK DR OLD M ILL R D SPRUCE C REEK DR TREE ROW LN SAGE CREEK RD SPACIOUS SKIES DR COPPE R VEIN ST AMBER WAVES LN FR U ITED PLA I NS LN T I M BER C R E E K DR C OPPER MILL LN OLD MILL RD COPPER CREST LN C L EAR CR E EK LN P I N E Y CRE E K DR COUNTY FAIR LN OL D DOMI N I O N CT YELLOW CREEK DR C R OSS CRE E K DR GOLDEN WHEAT LN K E Y S T O N E C R E E K C T COPPER CREEK D R ESPALIER LN SAPLING ST LODGE P OLE CREE K DR G OL D E N HAR V EST LN HE AR T H S T O N E D R S T ILLWATE R C REEK DR SP R I NG HA R VE S T L N CO R NERSTO N E DR SADDLE CREEK DR BRUSH CREEK DR RUFF WAY SWEETWATER CREEK DR CRO S S V I E W DR C O R N ERS T O N E D R E COUNTY ROAD 36 Blehm-Homestead Enclave Vicinity Map 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: June 15, 2017 Legend Water City Limits 00.060.120.180.24 Miles Scale 1 inch equals 634 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossingSecond\VicinityMap.mxd Annexation Area Annexation Area ATTACHMENT 1 11.1 Packet Pg. 71 Attachment: Vicinity Map (5699 : Blehm-Homestead Annexation)