Loading...
HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/06/2018 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk 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 February 6, 2018 (amended 2/5/18) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring February 6, 2018, as Skillman Photography Day. B. Proclamation Congratulating Cassie Poncelow, Poudre High School Counselor and One of Six Finalists for the 2018 National School Councilor of the Year Award. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda. City of Fort Collins Page 2  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the December 19, 2017, January 2 and January 16, 2018 City Council Regular Meetings and the December 27, 2017 Council Special Meeting. The purpose of this item is to approve the minutes from the December 17, 2017, January 2 and January 16, 2018 Council Regular Meetings and the December 27, 2017 Special Meeting. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. 3. Second Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. 4. Second Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. 5. Second Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. City of Fort Collins Page 4 6. Second Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". This Ordinance, unanimously adopted on First Reading on January 16, 2018, amend Sections 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. 7. Second Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. This Ordinance, unanimously adopted on First Reading on January 16, 2018, aligns City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. None of the divided precincts affect Council district boundaries. 8. First Reading of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. The purpose of this item is to appropriate a $50,000 donation from Noosa Yoghurt, LLC. into the Natural Areas Department’s 2018 budget to fund a river health related project. In October 2017, Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas department with a specific request that it be applied toward development of fish passage on the Watson Lake diversion structure. This structure is owned by Colorado Parks and Wildlife (CPW) and located on the Cache la Poudre River at the Watson Lake Fish Hatchery in Bellvue. Natural Areas staff is familiar with the design process, has managed the design process for two similar projects and has agreed to manage this design process and collaborate with CPW to facilitate this project. 9. First Reading of Ordinance No. 020, 2018, Appropriating Prior Year Reserves in the General Fund for Security Screening for Fort Collins Municipal Court. The purpose of this item is to appropriate $201,578 of prior year reserves in the General Fund for the cost of adding security screening for those attending hearings in Fort Collins Municipal Court. The Court is located on the first floor of the City’s Administrative Building at 215 North Mason Street. Access for those hearings would be limited to the north door of the building, the access point currently used for the Community Room. Those proceeding past the Community Room and entering the Court’s space would go through a magnetometer (metal detector) and have their belongings checked by contract security personnel prior to gaining access to the Court’s space. City employees working in the building and the public accessing other offices in the building, including the Court Clerks’ Office for non-hearing related business, would still have unscreened access through the east and west entrances. Employees would also continue to have fob access to the building through the southwest entrance. The changes included in this request are necessary due to increasing safety and security concerns for employees working in and citizens utilizing City services in that building. 10. First Reading of Ordinance No. 021, 2018, Adopting the 2018 Classified Employees Pay Plan. The purpose of this item is to recommend the 2018 City Classified Employee Pay Plan. The Pay Plan has been redesigned to align with the City’s new job architecture system. The seven occupational groups have been replaced by job functions. Classified jobs are grouped according to job functions, a business practice commonly used by both the public and private sectors. Pay ranges are developed by career group (management, professional, administrative, operations and trades) and level for each job function. The result of this work is a City Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the levels, within each career group and function. The 2018 City Classified Employee Pay Plan also includes the results of the market analysis conducted as defined in the Collective Bargaining Agreement between the City of Fort Collins and the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). Actual employee pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. City of Fort Collins Page 5 11. First Reading of Ordinance No. 022, 2018, Amending Article V, Division 3 of Chapter 2 of the Code of the City of Fort Collins to Clarify the City Manager's Authority Concerning the Administrative Branch of the City. The purpose of this item is to amend various sections in Article V, Division 3 of Chapter 2 of the City Code to clarify and eliminate confusion regarding the City Manager’s authority to assign supervisory authority as well as duties and functions to the services of the City administrative organization. 12. Items Relating to the Water Treatment Facility Annexation No. 1. A. Resolution 2018-009 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 023, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 1 consists of 0.101- acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing City limits. Water Treatment Facility Annexation No. 1 is located approximately 800 feet west of Poudre High School on Laporte Avenue. A related item to zone the annexed property is presented as the next item on this Agenda. 13. Public Hearing and First Reading of Ordinance No. 024, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood 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 first of four sequential annexations, known as the Water Treatment Facility Annexation No.1. Water Treatment Facility Annexation No. 1 is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting City limits to the east is zoned Low Density Mixed Use Neighborhood (L-M-N) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 14. Items Relating to the Water Treatment Facility Annexation No. 2. A. Resolution 2018-010 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 025, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 2 consists of 0.380-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing Water Treatment Facility Annexation No. 1. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue. A related item to zone the annexed property is presented as the next item on this Agenda. City of Fort Collins Page 6 15. Public Hearing and First Reading of Ordinance No. 026, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood 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 second of four sequential annexations, known as the Water Treatment Facility Annexation No.2. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 1 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 16. Items Relating to the Water Treatment Facility Annexation No. 3. A. Resolution 2018-011 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 027, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 3 consists of 1.182- acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 2. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. A related item to zone the annexed property is presented as the next item on this Agenda. 17. Public Hearing and First Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood 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 third of four sequential annexations, known as the Water Treatment Facility Annexation No. 3. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 2 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 18. Items Relating to the Water Treatment Facility Annexation No. 4. A. Resolution 2018-012 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 4. B. Public Hearing and First Reading of Ordinance No. 029, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado. City of Fort Collins Page 7 The purpose of this item is to annex the fourth and final tract of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. Furthermore, the annexation establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4 annexation lies in large part outside the Growth Management Area (GMA) boundary. Water Treatment Facility Annexation No. 4 is located west of North Overland Trail and continues approximately to the Horsetooth Reservoir. A related item to zone the annexed property is presented as the next item on this Agenda. 19. Public Hearing and First Reading of Ordinance No. 030, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood 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 fourth of four sequential annexations, known as the Water Treatment Facility Annexation No. 4. Water Treatment Facility Annexation No. 4 is located between Hollywood Street and the Horsetooth Reservoir. The proposed zoning for this annexation is Urban Estate (U-E) and Residential Foothills (R-F). The surrounding properties are existing residential, municipal facilities, state college facilities, and federal facilities currently zoned FA- Farming and O-Open Zone Districts in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 3 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 20. Resolution 2018-013 Approving an Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements. WITHDRAWN FROM CONSIDERATION The purpose of this item is the approval of an intergovernmental agreement between the City of Fort Collins (City) and the Fort Collins Urban Renewal Authority (URA), which memorializes the terms of acceptance of $300,000 in URA support for the City’s Whitewater Park Project. The URA investment is provided in recognition of project benefits that will accrue to the North College URA plan area as a result of the project. Note: The URA Board will consider the Whitewater Park Project request the same evening this item is considered. Should the URA Board not support the Whitewater Park Project request, the intergovernmental agreement will not be entered into by the City and URA. 21. Resolution 2018-014 Appointing Mayor Pro Tem Gerry Horak to the Policy Advisory Committee of the Regional Transportation Coordination Task Force. The purpose of this item is to appoint Mayor Pro Tem Gerry Horak as the City of Fort Collins’ representative on the newly formed Regional Transportation Coordination Task Force Policy Committee. 22. Resolution 2018-015 Making Appointments to the Building Review Board and the Senior Advisory Board of the City of Fort Collins, and to the Board of Housing Catalyst. The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building Review Board, the Senior Advisory Board, and the Board of Housing Catalyst due to expiration of City of Fort Collins Page 8 terms on December 31, 2017. Applications were solicited beginning in September 2017 to January 2018. Council teams interviewed applicants during December and January. 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. Alta Vista Sidewalk and Public Involvement. (staff: Chad Crager, Annie Bierbower)  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 23. Resolution 2018-016 Approving the Grant of Funds for a Locker Program at Fort Collins Mennonite Fellowship. (staff: Jeff Mihelich; 10 minute staff presentation; 90 minute discussion) The purpose of this item is to provide City Council with details of the proposal for the City to fund lockers at the Fort Collins Mennonite Fellowship, additional information about locker programs in other communities, as well as possible options for consideration. 24. First Reading of Ordinance No. 031, 2018 Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Michael and Mary Pat McCurdie. (staff: Mark Sears; 5 minute staff presentation; 30 minute discussion) The purpose of this item is to consider the petition from Michael and Mary Pat McCurdie requesting the City to sell them 606 square feet of Pine Ridge Natural Area. City of Fort Collins Page 9 25. First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events. (staff: Jan Sawyer; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to be in alignment with current law and to more accurately reflect the City’s current processes and procedures for issuing Special Event Permits.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)  ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, February 13, 2018. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, small businesses in Fort Collins create the majority of jobs in our community and provide significant retail opportunities; and WHEREAS, Fort Collins is a place where unique small businesses thrive because the community supports them; and WHEREAS, Skillman Photography is a family-owned business that has operated in Fort Collins for 50 years in the same location at 818 East Elizabeth Street; and WHEREAS, Tom and Betty Skillman and their employees, including other family members, have captured important moments in the lives of thousands of Fort Collins area residents since 1968, shooting wedding photos, family portraits and school pictures; and WHEREAS, the Skillmans met at Colorado State University where they received degrees in animal husbandry and business before creating Skillman Photography in their Fort Collins living room; and WHEREAS, Skillman Photography has been a member of the Fort Collins Area Chamber of Commerce since 1976 and is a past Chamber Business of the Month; and WHEREAS, Skillman Photography is a Fort Collins icon. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Tuesday, February 6, 2018, as SKILLMAN PHOTOGRAPHY DAY in Fort Collins in honor of small retail businesses in Fort Collins and their contribution to the economy. IN WITNESS WHEREOF, I, have hereunto set my hand and the seal of the City of Fort Collins this 6 th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, school counselors play an important role in the health, wellbeing and success of youth in elementary, middle and secondary schools across the United States; and WHEREAS, Ms. Cassie Poncelow, counselor at Poudre High School, is an outstanding example of leadership in counseling in the Poudre School District, as well as across our state and country; and WHEREAS, Ms. Poncelow has been a counselor in Poudre School District since 2011; and at Poudre High School beginning in the fall of 2013; was named the 2016 Colorado School Counselor of the Year; and one of 6 Finalists for 2018 National School Counselor of the Year from American School Counselor Association; and WHEREAS, Ms. Poncelow earned a Bachelor of Science in Interior Design from Colorado State University in 2007 and a Master of Education in Counseling and Career Development from Colorado State University in 2011; and WHEREAS, as a Fort Collins native and a Colorado State University graduate, Ms. Poncelow continues to contribute to the community and invest in the future success of local students; and WHEREAS, Ms. Poncelow has been selected to present during a briefing for Congressional staffers in the Capitol's Visitor Center entitled "The Role of the School Counselor in Social Emotional Learning,” including an Awards Celebration at the Kennedy Center that will include remarks from former First Lady Michelle Obama and an evening Gala at Union Station in Washington D.C. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby recognize and congratulate MS. CASSIE PONCELOW for her inspiring leadership, her passion for investing in the success of students, and for being a model counselor and community member. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of February, A.D. 2018. ___________________________________ ATTEST: Mayor _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the December 19, 2017, January 2 and January 16, 2018 City Council Regular Meetings and the December 27, 2017 Council Special Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the December 17, 2017, January 2 and January 16, 2018 Council Regular Meetings and the December 27, 2017 Special Meeting. ATTACHMENTS 1. December 19, 2017 (PDF) 2. December 27, 2017 (PDF) 3. January 2, 2018 (PDF) 4. January 16, 2018 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 104 December 19, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Summers Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended Item No. 19, Resolution 2017-113 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police, be pulled given the significant number of changes that have occurred. Councilmember Martinez withdrew Item No. 19, Resolution 2017-113 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police, from the Consent Agenda. • CITIZEN PARTICIPATION Elizabeth Hudetz discussed the survey she recently completed regarding plugged and abandoned wells. She cited a study which showed negative health impacts for individuals living within a 10- mile radius of fracking wells. Brett Bovee, Water Board Chair, stated the Board is dedicating a set of work sessions to topics that represent water issues facing the City. Topics include NISP and the future of irrigations canals and ditches within the GMA. Robert Bradley discussed the lack of bicycle regulation and patrol and issues with buses. Collin Garfield, Fort Collins Citizens Broadband Committee, discussed the repealing of net neutrality. Thomas Edwards discussed the new electric rates and stated his home is all electric. William Montgomery played a recording related to the 2015 Occupy Jefferson movement and stated police officers are systematically lying. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Overbeck requested staff feedback regarding Ms. Hudetz’ comments and asked if there will be collaboration with the Natural Resources Advisory Board relating to the Water Board memo. 1.1 Packet Pg. 13 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 105 Councilmember Martinez requested staff follow-up regarding Mr. Bradley’s comments and requested staff contact Mr. Edwards regarding his concerns. • CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Summers, Overbeck, Troxell, Cunniff, Horak ABSENT: Stephens 1. Consideration and Approval of the Minutes of the November 21, 2017 Regular Council Meeting and the November 28, 2017 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the November 21, 2017 Regular Council meeting and the November 28, 2017 Adjourned Council meeting. 2. Second Reading of Ordinance No. 166, 2017, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, appropriates $42,614 of prior year reserves for a rebate to Woodward, Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides business investment assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The Ordinance has been revised between First and Second Reading to add a new recital. The new recital has been added to further clarify the Council’s findings for the public purposes of this appropriation. 3. Second Reading of Ordinance No. 167, 2017, Amending Section 2-568(c)(2) of the Code of the City of Fort Collins Pertaining to Rules of Conduct Applicable to Councilmember Conduct. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, amends Section 2- 568(c)(2) of the City Code to add clarifying language that limits Councilmember interaction with City officers and employees regarding matters for which a conflict of interest has been declared. 4. Second Reading of Ordinance No. 168, 2017, Amending Chapter 26, Articles VI and VII of the Code of the City of Fort Collins to Correct Errors in How Certain Utility Fees Formulae are Expressed Related to Electric Utility Development Fees and Single-Family Residential Stormwater Utility Fees. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, corrects two formulas relating to development charges and monthly fees for the Light and Power and Stormwater utilities. The first correction fixes an omission in the calculation of kilo-watt demand for electric capacity charges. The second correction fixes a typo in a formula used to calculate single family residential monthly stormwater fees. These changes make City Code consistent with the original intent of the formulas and reflect how the fees have been calculated and billed since their adoption. 1.1 Packet Pg. 14 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 106 5. Second Reading of Ordinance No. 169, 2017, Authorizing the Use of the Non-Development Lease with the Colorado State Board of Land Commissioners as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, places a Notice of Grant Agreement on the 3,873 acres of land within Soapstone Prairie Natural Area subject to a Non- Development Lease with the Colorado State Board of Land Commissioners. The grant will expand upon Bird Conservancy of the Rocky' s (BCR) research and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico. 6. Second Reading of Ordinance No. 170, 2017, Authorizing the Use of the Evans Tract as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, places a Notice of Grant Agreement on the 240-acre Evans Tract purchased in 2015 as part of Soapstone Prairie Natural Area. The grant will expand upon Bird Conservancy of the Rocky’s (BCR) research and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of Mexico. 7. Second Reading of Ordinance No. 171, 2017, Amending Chapter 1 and Other Related Provisions of the Code of the City of Fort Collins to Create a Petty Offense Classification and Penalties for Petty Offense Violations. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, creates a petty offense category within the City Code and classifies a violation of the City's smoking ordinance as a petty offense. Some errors were discovered in the First Reading Agenda Item Summary and an amended version has been provided as part of the agenda materials. 8. Second Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Regarding Smoking in Public Areas. (Adopted) This Ordinance, unanimously adopted on First Reading on December 5, 2017, amends the downtown smoking ordinance to designate a violation of the ordinance as a petty offense and to clarify that the Downtown Smoke-Free Zone does not apply to any person smoking in a privately-owned residence; entirely within an enclosed privately-owned motor vehicle, or in a retail tobacco business. 9. Items Relating to the Fort Collins Traffic Code. (Adopted) A. First Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins Traffic Code. B. First Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort Collins Traffic Code Regulating Bicycles. The purpose of this item is to ensure that the Fort Collins Traffic Code (the Traffic Code) is consistent with Colorado traffic laws. 10. First Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the City of Fort Collins Regarding Hydraulic Fracturing. (Adopted) The purpose of this item is to remove references to a prohibition on oil and gas related activities from Chapter 12, Article VIII of the City Code. This is an administrative clean-up item reflecting the 2016 1.1 Packet Pg. 15 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 107 Colorado Supreme Court decision that struck down the City’s hydraulic fracturing moratorium because state law preempted it. 11. First Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property Consisting of a Portion of Tract A, Prospect Industrial Park Currently Owned by the City of Fort Collins Utilities’ Wastewater Utility Enterprise as Road Right-of-Way for the Proposed Sharp Point Drive Extension. (Adopted) The purpose of this item is to declare approximately 1.4 acres of Tract A owned by the City Utilities’ Wastewater Utility Enterprise as right-of-way for the construction of Sharp Point Drive between Nancy Gray Avenue and Midpoint Drive. Tract A is a 1.9-acre parcel which was originally platted as a public access and loading easement in the 1970s as part of the Prospect Industrial Park. The Sharp Point Drive connection was shown on the City’s Master Street Plan in 1998. The platted easement merged into fee property upon acquisition by the Wastewater Utility Enterprise in 2002. 12. First Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to amend the City’s Zoning Map to adjust the location, size and boundary between two zone districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street. The result of the shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88 acres while the Medium Density Mixed-Use Neighborhood (M-M- N) zone is shifted north and gains a corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and the M-M-N zone would be enlarged to 13.13 acres. This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted (6-0) to recommend the rezoning with six conditions. The six conditions have been agreed upon by the applicant and neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg neighborhoods), as well as consultation with staff. 13. Resolution 2017-107 Finding Substantial Compliance and Initiating Annexation Proceedings for the Water Treatment Facility Annexation No. 1. (Adopted) The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility Annexation No. 1. This is a voluntary annexation. The City of Fort Collins is the applicant and has submitted a written petition requesting four sequential annexations. Water Treatment Facility Annexation No. 1 is the first Resolution of this series of four sequential annexations, and totals 0.101 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the east. The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. A City water treatment facility is located at 4316 LaPorte Avenue. The requested zoning for this series of annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. Notice to parcels abutting platted streets was provided pursuant to §31-12-105, C.R.S. 1.1 Packet Pg. 16 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 108 14. Resolution 2017-108 Finding Substantial Compliance and Initiating Annexation Proceedings for the Water Treatment Facility Annexation No. 2. (Adopted) The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility Annexation No. 2. This is a voluntary annexation. The City of Fort Collins is the applicant and has submitted a written petition requesting four sequential annexations. Water Treatment Facility Annexation No. 2 is the second Resolution of this series of four sequential annexations, and totals 0.380 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the Water Treatment Facility Annexation No. 1. The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. A City water treatment facility is located at 4316 Laporte Avenue. The requested zoning for this series of annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. Notice to parcels abutting platted streets was provided pursuant to §31-12-105, C.R.S. 15. Resolution 2017-109 Finding Substantial Compliance and Initiating Annexation Proceedings for the Water Treatment Facility Annexation No. 3. (Adopted) The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility Annexation No. 3. This is a voluntary annexation. The City of Fort Collins is the applicant and has submitted a written petition requesting four sequential annexations. Water Treatment Facility Annexation No. 3 is the third Resolution of this series of four sequential annexations, and totals 1.182 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the Water Treatment Facility Annexation No. 2. The Water Treatment Facility Annexations forming a flagpole-shaped annexation starting slightly east of the intersection of Sunset Street and Laporte Avenue and ends at 4316 Laporte Avenue. A City water treatment facility is located at 4316 Laporte Avenue. The requested zoning for this series of annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. Notice to parcels abutting platted streets was provided pursuant to §31-12-105, C.R.S. 16. Resolution 2017-110 Finding Substantial Compliance and Initiating Annexation Proceedings for the Water Treatment Facility Annexation No. 4. (Adopted) The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility Annexation No. 4. This is a voluntary annexation. The City of Fort Collins is the applicant and has submitted a written petition requesting four sequential annexations. Water Treatment Facility Annexation No. 4 is the fourth and final Resolution of this series of sequential annexations, and totals 102.825 acres which establishes 1/6 perimeter boundary contiguity with the Water Treatment Facility Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4 annexation lies in large part outside the boundary of the Growth Management Area. The Water Treatment Facility Annexations forming a flagpole-shaped annexation starting at the intersection of Sunset Street and Laporte Avenue and ends at 4316 Laporte Avenue. A City water treatment facility is located at 4316 Laporte Avenue. The requested zoning for this series of annexations is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the Fort Collins City Plan Structure Plan Map and the Northwest Subarea Plan designations. Notice to parcels abutting platted streets was provided pursuant to §31-12-105, C.R.S. 1.1 Packet Pg. 17 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 109 17. Resolution 2017-111 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for the Maintenance of Traffic Signals, Signs, and Markings Within the Fort Collins Growth Management Area. (Adopted) The purpose of this item is to approve an intergovernmental agreement between the City and Colorado Department of Transportation (CDOT) for the City to maintain traffic control devices (signals, signs, and markings) on state highways within the City’s Growth Management Area. Historically, these IGAs have been for 5-year terms; however, the current IGA expired in June 2017 and City has still been performing the maintenance services. CDOT is working on an updated long-term IGA, but it will not be ready until next year. This IGA, set to expire in June 2018, covers the interim period and allows City to be reimbursed for maintaining traffic control devices during CDOT’s 2018 fiscal year in the amount of $235,920. This IGA reflects updated costs from the previous agreement. 18. Resolution 2017-112 Adopting the 2017 Update to the Three-Mile Plan for the City of Fort Collins. (Adopted) The purpose of this item is to adopt the 2017 update to the Three-Mile Plan for the City of Fort Collins. This Plan is a policy document for the coordination and provision of services for potential annexations. The Plan describes the general location, character, utilities, and infrastructure for areas within three miles of the municipal boundary. Annual updates of the Three-Mile Plan are required by state statutes. 19. Resolution 2017-114 Naming the Lounge at the Fort Collins Senior Center after Former Mayor and Councilmember Ann Azari. (Adopted) The purpose of this item is to name the lounge at the Senior Center the “Ann Azari Lounge” in honor of former mayor Ann Azari. Ann was a devoted public servant in the Fort Collins community who served ten years on City Council and as Mayor. 20. Resolution 2017-115 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of board members and vacancies to be created upon the expiration of terms of current members. Applications were solicited during September, October, and November. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. • END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on attending a memorandum of understanding workshop dealing with oil and gas and on attending the Nutcracker ballet. Councilmember Stephens reported on the lighting of the menorah in Old Town. Mayor Troxell discussed the proclamation honoring former Mayor Ann Azari. 1.1 Packet Pg. 18 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 110 • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 21. Resolution 2017-113 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police. (Postponed Indefinitely) The purpose of this item is to approve a collective bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of possible bargaining agreement for 2018 and 2019. In lieu of reaching tentative agreement, the FOP agreed to present the City’s final and best offer to their membership for vote on December 14, 2017. If the agreement is not ratified by their membership, this item will be withdrawn from City Council consideration. City Manager Atteberry stated the City continues to be committed to the following priorities: fostering and preserving public trust and ensuring community safety, consistency and equity of policies and benefits as compared to other City employees while recognizing the unique characteristics of police work, maintaining market competitiveness with other front range policing agencies, preserving the authority of the City Council to make final decisions on contract terms, and providing good stewardship of community resources. Kelly DiMartino, Assistant City Manager, provided an overview of the negotiation process to this point and stated the City approaches bargaining from an interest-based process. In November, the Fraternal Order of Police (FOP) claimed the negotiations were at an impasse and opted not to ratify the agreement put forth by the City at that time. The three main topics discussed were: retirement, retiree health, and compensation. DiMartino outlined the 12 jurisdictions mutually agreed upon to represent benchmark comparisons. Using that data, the City perspective is that it is at market level for compensation and retirement benefits and is below market for retiree health; therefore, the City felt that was the main area of focus. She noted some of the benchmark cities with higher retiree health benefits also have lower compensation. DiMartino outlined the proposal requested by the FOP for a defined health benefit and stated the long-term liability makes that proposal one that the City cannot consider. Ten of the 12 benchmark cities do offer some type of retiree health coverage; Fort Collins discontinued this practice in 2010 given the long-term liability for the City. The City’s alternate proposal is to make an increased contribution to a retirement health savings account and add a one-time stipend, which would decrease as time goes on given the retirement HSA contributions would increase. DiMartino discussed the differences in retirement contributions between bargaining unit members and other City employees, noting other City employees pay into Social Security, unlike bargaining unit members. In terms of compensation, bargaining unit members receive an annual increase based on the benchmark cities. A request for conflict resolution came forth from the FOP in November. In 2005, a court order stated all powers of the City and the determination of policy matters are vested in the City Council, per City Charter. DiMartino stated the two entities have a joint interest in ensuring this agency continues to be attractive for hiring, retaining, and developing a high-performing workforce. She presented data related to application and retention numbers. The City sent a one-year proposed contract with the provision that issues will continue to be explored. That offer was declined, and the FOP returned 1.1 Packet Pg. 19 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 111 stating two of the following three things needed to happen before a proposal would be taken back: either a conflict resolution plan, allowing retirees to stay on City insurance, or increasing contributions to 401/457 plans to 13% over 11.5%. The City stated it could not make movement on any of those issues without input from Council. Should an agreement not be reached, a contract will not be in place as of January 1; however, employees and bargaining members cannot withhold work without a contract. Staff is recommending the City voluntarily extend the terms for current retirement and health benefits and provide the 2018 compensation increases under the existing formula if an agreement is not reached. Chris Renn, FOP Vice President, stated this is an unfortunate situation and discussed the benchmark statistics. He stated Fort Collins is below other benchmark cities when a defined benefit is taken out of the equation. Mike Crossland discussed the lack of Social Security benefits for bargaining unit members and stated that income is guaranteed for other City employees. He stated a pension plan is a reasonable request and the City will not discuss the option. Alan Heaton discussed the challenges and dangers of police work and stated officers are highly trained, well-equipped, professional, and are tasked with the difficult job of protecting citizens. Ken Robinson stated he has been a member of the FOP for 20 years and compensation packages for Fort Collins have decreased compared to the benchmark cities throughout that time. He discussed retirement costs and stated income and benefits have not kept up with increased costs of living. Gil Crohn stated he is a recently retired officer and discussed the challenges and dangers of police work. Carly Garner thanked staff for meeting with FOP members and stated the decreasing ability to attract quality police applicants weakens the ability of the department to serve the community. She stated the lack of movement in negotiations has been frustrating and she does not agree the information has been appropriately interpreted. She also expressed frustration with the willingness of only one Councilmember to meet with FOP members. Rob Knabb discussed the challenges and dangers of police work and stated he is disappointed with the City’s leadership. He questioned why only two Councilmember responded to an email from the FOP. Austin Vigil discussed the challenges and dangers of police work and stated the life expectancy of male police officers is 10 years lower than males in other occupations. He stated officers are willing to die to protect citizens and they are asking to be treated fairly. Thomas Cohen discussed the importance of retiree health benefits and noted 10 of the 12 benchmark cities provide those benefits. He stated the stipend does not make health insurance affordable and officers need the ability to purchase coverage from the City after retirement. Dawn Johnson stated her husband, a police officer, died when he was 63 and discussed the challenges and dangers of police work. She stated officers should be able to retire when they are physically ready rather than having to keep working to pay for insurance. 1.1 Packet Pg. 20 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 112 Mike Langley stated police service in Fort Collins is well above average, nationally and on the front range. He stated fair compensation is needed if Fort Collins wants to attract world class officers and requested the inclusion of retiree health care. Heather West stated she is a former police officer and discussed her husband’s decision to keep working for the City in order to keep benefits. She stated compensation and benefits for officers should be above average and officers should be able to retire when they need to. Melissa Vigil discussed the possibility of an older officer having to respond to certain situations and stated the City should uphold its promise to be a good steward of its resources, officers included. Rob Pride, Colorado Lodge Fraternal Order of Police President and Loveland officer, stated Loveland passed a compensation and retirement package much greater than has been shared with Council. Tenured officers are seeking out positions in Loveland because of their retirement package. Spence Alford stated he is over 55 and is still employed as an officer. He discussed the challenges and dangers of police work and questioned how these issues can be resolved when agreement cannot be reached. He suggested conflict resolution should be an option. Mayor Troxell thanked the speakers for their personal stories and for their commitment to and sacrifice for the community. Councilmember Cunniff thanked the speakers for their service and sacrifice and stated Council must arrive at a compensation package which is fair for both police and citizens. He expressed concern about exposing the City to the liability of a defined benefit package, particularly given those pension plans are going bankrupt across the nation. He stated Council’s direction to staff was not to reach an impasse and stated talks can still occur and an agreement can still be reached. Councilmember Stephens thanked the speakers and stated Council does care about the officers and their service. She agreed with Councilmember Cunniff regarding the liability of a defined benefit package. She stated she hopes discussions can keep going to resolve the impasse. She stated she did not respond to the FOP email as she was uncomfortable doing so while negotiations were still ongoing. She apologized for not stating that as a response. Councilmember Martinez asked if CSU, Timnath and other cities offer pension plans. DiMartino replied she was unsure as none of those are benchmark cities; however, she would research the issue. Councilmember Martinez asked why Fort Collins does not provide retiree medical as do 10 of the 12 benchmark cities. DiMartino replied the City opted to eliminate that benefit in 2010 due to the financial liability for the City. It would likely cost the City $5 to $7 million over the next 5 years to provide that benefit. Councilmember Martinez asked if the statistics described about the high performance of the police force are accurate. DiMartino replied in the affirmative. City Manager Atteberry stated performance has never been a question and the force has always been considered top notch. 1.1 Packet Pg. 21 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 113 Councilmember Martinez asked about the number of applicants decreasing over time. Deputy Chief Greg Yeager replied applicant numbers vary over the years, somewhat based on the economy. Councilmember Martinez stated he is not at an impasse and does not believe the City should be either. He stated some type of compromise needs to be found and the divide is not good for the community. Councilmember Overbeck thanked the speakers and stated, though he has met with the FOP in the past, he did not believe it was appropriate for him to intervene and respond to their email during the negotiations. Mayor Pro Tem Horak stated he also did not believe Council should be involved during negotiations. He stated he does not understand the logic that officers are not being treated fairly because they don’t receive Social Security as that benefit would likely be less than their plans. He stated he would like to see additional discussions and noted this agreement needs to be equitable for other City employees as well. Mayor Troxell stated he is bothered by the “us versus them” perspective and stated Council respects and cares for all employees. He suggested the best option is to approve a contract for a year and continue discussions. All parties involved deserve a fair and equitable agreement. He asked about the next steps moving forward. City Manager Atteberry replied there is currently no agreement and therefore, currently no contract. As Council clearly does not want to see an impasse, further discussions need to occur. City Attorney Daggett noted the agreement for Council consideration is for two years and this would need to be modified if a one-year agreement is desired. City Manager Atteberry stated the formation of an exploratory committee to discuss the costs of a defined program has been considered and with or without a contract, moving forward with 2018 pay adjustments is the fair thing to do. Councilmember Cunniff stated postponement makes sense and supported moving forward with 2018 salary adjustments. Councilmember Martinez asked if discussion efforts continue if this item is postponed. City Manager Atteberry replied that should be the case given Council’s desire to not be at an impasse. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone Resolution 2017-113 indefinitely. Councilmember Martinez stated he would support the motion, however, there must be some movement on negotiations. Councilmember Cunniff asked if representatives from both parties meet regularly. Yeager replied a labor management meeting occurs between the FOP representatives and the executive staff. Recently, human resources personnel and DiMartino have been involved. Councilmember Cunniff suggested a more regular meeting schedule regardless of the status of negotiations in order to keep lines of communication open. 1.1 Packet Pg. 22 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 114 RESULT: RESOLUTION 2017-113 POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Summers Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to direct the City Manager to implement the Police 2018 projected raises and to continue to reach out to the FOP to continue negotiations on the following three items: retirement contribution, retiree medical coverage, and conflict resolution. Mayor Pro Tem Horak stated negotiations should begin as soon as possible and noted Council would be willing to hold a special meeting if necessary. Mayor Troxell encouraged discussions and that an agreement occur post haste. He stated the parties need to work together collaboratively. The vote on the motion was as follows: Yeas: Horak, Troxell, Martinez, Stephens, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) • DISCUSSION ITEMS 22. Consideration of the Long Pond Wireless Telecommunications Facility Addition of Permitted Use Request. (Adopted on First Reading) A. Public Hearing and First Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. OR B. Public Hearing and First Reading of Ordinance No. 137, 2017, Denying the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. The purpose of this item is to decide whether to approve, approve with conditions, or deny the Long Pond Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. Mayor Troxell introduced the item and outlined Council’s role. 1.1 Packet Pg. 23 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 115 City Attorney Daggett outlined the procedure to be followed for this item and noted Council will make a final decision on the Addition of Permitted Use. Cameron Gloss, Planning Manager, stated additional requested information regarding compliance with the Federal Telecommunications Act and coverage in the vicinity of the project site has been provided in Council’s packet. Clay Frickey, City Planner, stated this proposal involves a 60-foot tall wireless telecommunications facility, disguised as a silo, at 2008 Turnberry Road. The site is in the low- density, mixed-use zone district wherein wireless telecommunications facilities are not an allowed use by default; therefore, the applicant must seek an addition of permitted use (APU). If Council approves the APU, the applicant must still complete the final plan process and submit for building permits prior to constructing the tower. Frickey discussed the Federal Telecommunications Act of 1996 which states that cities must permit cell towers within their jurisdiction and may use zoning to control the location and design of the facilities; however, cities may not consider environmental or health impacts as part of these applications. Frickey showed the coverage map for the area and stated much of the area has poor coverage. He detailed each criterion and associated staff recommendations for the addition of permitted use. The staff recommends approval of the proposal and addition of permitted use with the condition that the silo height be lowered to 45 feet to be more compatible with other silos in the area and located closer to the other outbuildings to look more congruent with the site. Christian Hendrickson, Sherman and Howard, stated more facilities are required to serve residents as the city expands and discussed the importance of cell service for emergency calls. He stated his firm is of the opinion the Federal Telecommunications Act mandates approval of a facility like this where a substantial gap in coverage has been shown and the proposed site is the least intrusive means of filling that gap. Ken Bradtke, Atlas Tower Director of Operations, stated Atlas Tower owns, operates, and maintains telecommunications towers and facilities and leases space on those facilities to carriers. He reviewed the coverage map indicating a need in this area and discussed the need for service for emergency reasons, noting a man in this neighborhood suffered a stroke and passed away as neighbors could not reach 911 on their cell phones. He discussed efforts to approach other property owners in the area, the Fort Collins Country Club and Anheuser-Busch, to no avail. He showed photos of other towers in town and discussed the benefits of a taller tower. Don Eason opposed the proposal and stated the tower will dominate the skyline. He argued renderings presented by Atlas were incorrect. Doyle Thornton supported the proposal citing the importance of life, health, and safety issues. He stated he must drive out of his neighborhood to get good cell service and supported a taller tower to provide better service. Virginia Farver opposed the proposal and stated she is working with several groups fighting the FCC concerning the 1996 Telecommunications Act. She discussed health impacts caused by cell tower radiation and stated this tower is too close to residential areas. 1.1 Packet Pg. 24 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 116 Kevin Forbes stated his parents own the property on which the tower is proposed. He stated false rumors about the technology have been spread among neighbors and expressed support for the project. Shelton Base supported the proposal and discussed his neighbor who died as a result of not being able to call out. He presented a petition with 75 signatures in support of the project. Jessica MacMillan stated cell service in the area has continued to deteriorate and suggested 7 or 8 towers are probably needed. She stated the design is appropriate for the property. Tanja Andreas stated she is the nearest neighbor to the project and opposed the proposal. She acknowledged cell service is a problem in the area; however, that is not the issue. The silo would loom over her property and has researched likely property value decreases. Katie McGerr supported the project and expressed concern about safety issues related to the lack of cell coverage. Jim Miles supported the project and stated there is no substantive evidence this installation will decrease property values. There is a responsibility to serve the homes in the area. Meredith Jordan supported the project citing safety concerns. The proposal fits in aesthetically with the area. Ted Wolfe opposed the project and stated he gets fine cell service with Verizon at his home in the area. This tower is larger than normal silos and cellular service should not be used as a primary phone system. Kurt Shriver stated he has been a real estate broker for 41 years and buyers have not been afraid to purchase properties near cell towers. The modern homebuyer is looking for high-speed internet and good cell service. Debbie Cory stated Atlas has not responded to questions regarding who they contacted at Anheuser-Busch. She stated Sprint already has a tower at the brewery and suggested the applicant may not be able to be trusted in stating it did its due diligence. Joanne Harms supported the project and stated she runs a telephone support service for veterans and her cell phone has never worked for that purpose. Aesthetic concerns pale in comparison to health and safety issues. Marsha Lowsley stated the federal government put a gag order on citizens with the Telecommunications Act of 1996. She discussed health issues from cell towers in other countries. Donna Onsvack discussed the need for cell service in the area, citing an issue with a neighbor’s home that caught on fire. She requested Council not be short-sighted in meeting the needs of existing and new developments. Eric Espedal supported the project citing safety concerns and the desire for the service in the area. A neighbor put out a survey on Nexdoor and, of the 270 respondents, 88% were in favor of the project. 1.1 Packet Pg. 25 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 117 Julie Koerner opposed the project and stated she would not have purchased her home in Storybook if she had known a 60-foot tower was proposed. She noted the City does not allow towers on its properties in order to uphold community values and investments in such land. John Koerner showed renditions of what he stated this tower would actually look like. The size of the silo is not appropriate. Nancy Eason opposed the project and stated Atlas’ efforts to work with Anheuser-Busch were insufficient. Locating the tower on a higher site would provide more coverage and questioned why City lands cannot be considered. She also questioned if the Telecommunications Act applies if Verizon is not a co-applicant. Steve Surowiec supported the project citing safety concerns and the need for first responders to be able to use cell phones in the case of an emergency. He supported the 60-foot height given the proposed new development in the area. Jenny Forbes, owner of the property on which the tower is proposed, stated the tower is proposed to be behind the large barn, not behind their home. A tower at Anheuser-Busch may not be beneficial to certain areas. Hunter Harms supported the project citing safety concerns for the lake community. Travis Griffin, Senior Manager of RF Design for Verizon Wireless, stated the Anheuser-Busch property is almost 2 miles away from this location and locating the tower there could actually degrade service in the area. Cell sites have finite capacities and keeping up with growth is a challenge; this site is needed to serve the growing area. Mr. Hendrickson clarified that Verizon has been in close communication with both Atlas and the City and is being considered a co-applicant for the project. Councilmember Stephens asked why City land cannot be considered for this project. Frickey replied there is an administrative policy in place indicating the City will no longer entertain new cell phone tower leases. Councilmember Martinez requested a photo of the exact location of the tower on the property. Frickey showed the proposed site plan and explained the location of the tower. Ms. Forbes had stated she was told the tower would be north of the barn, not behind the long barn. Frickey noted Council is to consider the location behind the long barn, not the barn to the north. Mr. Bradtke had stated the original proposed location was behind the long barn and the request from staff is to move it behind the north barn, which the applicant is not opposed to doing. Councilmember Martinez asked if the applicant would accept a 45-foot height. Mr. Bradtke replied they would accept 45-feet but are requesting 60-feet in order to increase coverage to the southwest. Councilmember Overbeck asked if the height of the tower dictates the wind speeds it can handle. Mr. Bradtke replied in the negative and stated wind shear is considered for all tower construction. He stated he was unsure what wind speeds a 60-foot silo could handle. 1.1 Packet Pg. 26 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 118 Mike Powers, Atlas Tower, stated he has reviewed engineering requirements for towers in various conditions and they are built to withstand incredible forces for each specific location. Bob Newman, Center for Municipal Solutions, stated he is a registered structural engineer and noted the 2012 IBC will dictate tower design for wind speed and ice loading. Councilmember Overbeck asked what would render the tower obsolete and therefore eligible for deconstruction. Mr. Bradtke replied the tower would become obsolete if the government outlawed the use of cell towers. Atlas will remove the tower if it is rendered useless. Councilmember Overbeck asked Ms. Koerner to clarify her comments related to the Montava neighborhood meeting. Ms. Koerner replied the Montava development is a large development proposal west of Anheuser-Busch and the person running the neighborhood meeting from Montava said they would be interested in a cell tower lease. Max Moss, representative from Montava, stated he has offered the option to discuss opportunities in order to solve the problem; however, he never stated he wanted a cell tower lease. Councilmember Cunniff asked what the range of tower heights is in the Fort Collins area. Mr. Bradtke replied they range from 25-feet up to 150-feet in more rural areas. Councilmember Cunniff asked what would occur with this lease if the property is sold and subdivided. Frickey replied the approval would only be for this use on this one parcel and the lease runs with the land. Councilmember Overbeck asked if the applicant has ever built next to historic properties and if property values have been affected as a result. Mr. Bradtke replied their most recent construction next to a farm or barn was on the Kechter family’s property on Ziegler. A report on that property found the inclusion of a silo tower on that property would not adversely affect or deter from the historic nature of the overall property. This project is similar. Regarding property values, people place value on different things. Mayor Troxell asked about the factor of noise in the APU process. Frickey replied all ground equipment has to be screened either through landscaping or fencing. The application shows a wood fence that would surround the equipment compound and would effectively screen the equipment from adjacent properties; however, that does not include noise. Mayor Troxell asked about the material of the skin of the silo. Mr. Bradtke replied there is basically no discernable noise unless the backup generator kicks in. The skin is made from a carbon fiber material. Mayor Troxell asked if the silo top is open or closed. Mr. Bradtke replied it can be either. Councilmember Cunniff expressed concern regarding future development in the area under the LMN zoning. Councilmember Stephens stated coverage equals safety and that issue trumps other concerns. Councilmember Overbeck suggested a condition requiring the tower to be dismantled if appropriate. He stated safety issues also need to be addressed on the side of wind speed. 1.1 Packet Pg. 27 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 119 Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 136, 2017, on First Reading. Councilmember Cunniff supported Councilmember Overbeck’s concerns with wind loading and suggested the inclusion of a condition that would require the design of the structure to be changed to more compatibly fit in should neighboring structures be redeveloped. City Attorney Daggett stated that condition would take some further work. Mayor Troxell stated the wind loading issue seems unnecessary. Mayor Pro Tem Horak stated advice from staff could be received prior to Second Reading. Councilmember Overbeck requested the inclusion of a condition requiring the tower to be dismantled if it becomes obsolete. Mayor Pro Tem Horak requested a firm definition of “obsolete”. Gloss replied staff could return with some suggested timeframes and definitions. Councilmembers Stephens and Overbeck thanked the citizens who spoke. Councilmember Cunniff stated he would be supporting the motion to advance the conversation. Mayor Troxell clarified the motion has the tower at 45 feet in height. Councilmember Martinez asked about the staff recommendation for the decrease in height. Frickey replied other nearby silos are 45 feet tall; therefore, staff found the height would make this more compatible. Mayor Pro Tem Horak noted the north location by the larger barn will make the silo seem more proportional. RESULT: ORDINANCE NO. 136, 2017, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Summers • Motion to Extend the Meeting past 10:30 PM Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to extend the meeting past 10:30 PM, but no later than 12:00 AM, for the purpose of considering the remaining agenda items. RESULT: ADOPTED [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak NAYS: Martinez ABSENT: Summers 1.1 Packet Pg. 28 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 19, 2017 City of Fort Collins Page 120 23. Boxelder Basin Regional Stormwater Authority (BBRSA) Fee Payments. (Postponed Indefinitely) The purpose of this item is to authorize the City Manager to pay fees normally due in 2018 to Boxelder Basin Regional Stormwater Authority (BBRSA) in 2017. Ordinance No. 009, 2017, adopted on February 7, 2017, appropriated the amount of $330k for this pre-payment in 2017. Staff has been working with the members of BBRSA to develop an Intergovernmental Agreement (Agreement) to resolve various financial concerns of the members. With the adoption of the Agreement and members’ completion of various actions defined in the Agreement, BBRSA will have adequate funds to meet all 2017 obligations. In the event of a delay in approval of the Agreement by all members and Timnath, the payment of Fort Collins 2017 estimated annual stormwater service and development fees normally due and payable to the Authority in 2018, will allow BBRSA to meet all obligations while members finalize the Agreement. City Manager Atteberry stated the Wellington Town Council passed this item this evening and Timnath passed it last Friday afternoon in a special meeting. Mayor Pro Tem Horak stated the Town of Wellington will be sending its payment to the Boxelder Basin Regional Stormwater Authority tomorrow. City Attorney Daggett clarified Council does not have an action item needing resolution this evening; therefore, if there is no motion, the item will be completed. Eric Sutherland questioned the meaning of this agenda item. He commented on the $42 million cost of the project. Mayor Pro Tem Horak stated Councilmembers wanted assurance nothing drastic had occurred and noted this item authorized the pre-payment of already appropriated funds. • ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adjourn the meeting and consider the remaining items at the next Council meeting. RESULT: MOTION TO CONSIDER REMAINING ITEMS ON JANUARY 2, 2018, ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Summers The meeting adjourned at 10:52 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 29 Attachment: December 19, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) City of Fort Collins Page 121 December 27, 2017 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • DISCUSSION ITEMS 1. Resolution 2017-116 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the Fraternal Order of Police. (Adopted) The purpose of this item is to approve a collective bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such agreement. After the FOP voted not to ratify a proposed 2018-2019 contract, the parties returned to the table and tentatively agreed to a one-year contract for 2018. The FOP presented this contract to their members, and with 91% voting, the contract ratified by a vote of 84% yes and 16% no. The contract now comes to City Council for consideration, and if approved, will go into effect on January 1, 2018. Kelly DiMartino, Assistant City Manager, stated a tentative agreement on a one-year contract was reached December 21, and the FOP members have voted to ratify that contract. Changes have occurred relating to the total compensation committee, which will focus on compensation, retirement, and retiree medical, a stipend increase for employees who may retire in 2018, the addition of 0.5% to the 401 contribution, uniform and equipment handling, and the grievance hearing process. If Council ratifies the contract, it will go into effect on January 1. Mayor Troxell asked Chris Renn, Vice-President of the Fraternal Order of Police Lodge No. 3, to clarify statements he made in the Coloradoan. Officer Renn thanked Council for taking the time to have this special meeting and discussed his comments relating to the negotiations, which have included retirement, medical retirement, and salary. In the last attempt to bring a contract to a vote prior to impasse, the FOP put together what it believed to be fair market-substantiated proposals. The retiree medical has been the topic with the most pronounced deficiencies and conflict resolution was discussed because assurance of getting to a point of market-competitiveness could not be provided. Officer Renn stated the FOP does not seek conflict and believes it reached out and exercised every effort within its ability during the negotiation process. Mayor Troxell asked where things stand today regarding the establishment of a committee for research and retirement plans, compensation packages, retirement plans, the 0.5% increase in retirement contributions, the 0.25% increase in retirement health savings, the one-time stipend of $50,000, the 10% payout of remaining sick leave, and other issues. Officer Renn replied these issues have been brought forth in the past and the committees were the idea of the FOP to ensure the negotiations are fair in the future for both parties. The movements in the contract are appreciated and will help officers at the end of their careers, but there is still work to do. Mayor Troxell asked if the City backed out of the conflict resolution clause at the last minute, as was stated by Officer Renn in the Coloradoan. City Manager Atteberry replied he does not believe 1.2 Packet Pg. 30 Attachment: December 27, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 27, 2017 City of Fort Collins Page 122 the City backed out. DiMartino replied conversations were happening regarding some other type of mediation and means of sharing information. The FOP questioned whether a mediator could look at the City’s finances and make a determination and was more interested in arbitration, which the City has been consistent in saying it is not interested in pursuing. Mayor Troxell asked Officer Renn how the City could back out if it did not agree. Officer Renn replied the parties were at a point of contractualizing language that would deal with conflict resolution, there was a break in dialogue, and that option was off the table upon reconvening. Mayor Troxell noted the committee would allow conflict resolution to be pursued and asked Officer Renn to clarify his comments. Officer Renn replied the committee does not, in and of itself, ensure outcomes and there are concerns among the FOP membership. He stated he has a much higher level of confidence that things can be accomplished moving forward after his conversation with Mr. Atteberry this morning. Mayor Troxell asked Officer Renn to substantiate his claims this offer is not competitive. Officer Renn replied the employer contributions to retirement offerings fall 8 th among 12 benchmark cities with the 11.5% contribution the officers will receive if this contract is ratified. The FOP recognizes the additional 0.5% as a gain; however, there are other benchmark cities that are recognizing the need to significantly step up that category because of what it means to their ability to recruit and retain the best officers. Mayor Troxell stated the City’s data shows recruitment and retention is good in Fort Collins. City Manager Atteberry stated it is time to move forward, given the FOP has ratified the agreement, and the fact that it is a one-year contract should give everyone some peace of mind. Councilmember Cunniff asked about the net one-time increase for 2018 and the net on-going increase difference between this proposal and last week’s proposal. DiMartino replied the conversion of the sick leave was added, but was offset by the addition of another ¼ cent. The difference is the potential one-time cost of the stipend depending on how many people take that option. Mayor Pro Tem Horak stated the kinds of comments made in the Coloradoan article are not helpful for true negotiations and to work toward mutual goals. Mayor Pro Tem Horak asked if a level of a certain benefit has ever been reduced in past years, specifically citing the $50,000 stipend. DiMartino replied the contract language specifically states this applies only to 2018; however, the FOP could still request it in the future. She stated she is not aware of any time when benefits have been reduced. City Manager Atteberry stated it is possible the stipend could completely be eliminated, although that is not likely if there are no other options. He also did not recall a benefit being decreased. Mayor Pro Tem Horak asked when the decision was made for the FOP to not go into Social Security. Spence Alford, FOP President, replied that was before 1986 and those hired prior to that were not included in Social Security and Medicare. Councilmember Martinez asked if no other City employees have a retirement health savings account. DiMartino replied in the affirmative. 1.2 Packet Pg. 31 Attachment: December 27, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 27, 2017 City of Fort Collins Page 123 Councilmember Martinez stated it seems the two parties became closer in their various stances during the negotiations and noted the FOP approval rate for ratification was overwhelming at 84%. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Resolution 2017-116. Councilmember Cunniff stated he would not support the motion given the stipend issue and benefits not received by other City employees, including other physically-demanding jobs. He supported the non-financial aspects of the agreement however. Councilmember Stephens stated she would support the motion, particularly given the support by the FOP. Councilmember Overbeck asked what occurs if this motion does not succeed. City Manager Atteberry replied no contract would be in place as of January 1 and presumably for the entire year. Councilmember Stephens stated the newspaper comments were unfortunate; however, she is not comfortable penalizing all officers given those comments. She stated negotiations were made in good faith and encouraged Councilmembers to support the motion. Councilmember Summers thanked all involved parties and discussed the importance of attracting and keeping high-quality officers. Councilmember Martinez disagreed with Councilmember Cunniff’s comments regarding police work versus other demanding City jobs. He stated he is not willing to disenfranchise other officers due to newspaper comments. Mayor Troxell stated he would support the motion, though the newspaper comments were unfortunate and a disservice. He stated the FOP should own up to the fact that the City did not go back on its word and opposed the system which precludes the Chief and Deputy Chief from advocating for Police Services. Mayor Pro Tem Horak stated he would support the motion, though he did take a step back given the Coloradoan article in which nothing positive was said. Councilmember Cunniff expressed concern it feels as though this whole process is being used by some to drive a separate issue, which is an attempt to change the City Charter. Councilmember Martinez thanked all Police Services workers for their service, time, and willingness to come forth. RESULT: RESOLUTION 2017-116 ADOPTED [6 TO 1] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak NAYS: Cunniff 1.2 Packet Pg. 32 Attachment: December 27, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) December 27, 2017 City of Fort Collins Page 124 • ADJOURNMENT The meeting adjourned at 7:15 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 33 Attachment: December 27, 2017 (6460 : minutes-12/19, 12/27, 1/2, 1/16) City of Fort Collins Page 124 January 2, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. • CITIZEN PARTICIPATION Representative Jenny Arndt congratulated the City on receiving the 2017 Malcolm Baldrige National Quality Award. She noted this is only the third municipality to achieve such recognition in the history of the program. Representative Joann Ginal expressed her pride in the City. Senator John Kefalas expressed appreciation for the work of the City. Elizabeth Hudetz discussed fracking and noted the City’s moratorium passed with almost 60% voter support. She discussed new legislation and the negative impacts of fracking on the environment and stated Prospect’s permits should be rescinded and no additional permits should be approved. Stacy Lynne showed photos of a restroom sign in Old Town Square which makes sophomoric jabs about flushing kittens, puppies, and prosthetic limbs. She requested the sign be removed immediately. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments and requested a staff update on the fracking issue. City Attorney Daggett replied the moratorium provisions adopted by voters in 2013 were explicitly found by the Larimer County District Court to be preempted by state law, and the Colorado Supreme Court did affirm that decision. An item on tonight’s Consent Agenda removes those provisions from the City Code because they are unenforceable. The recent decision relates to the power of the Colorado Oil and Gas Conservation Commission and the manner in which it is obligated to evaluate potential rules and to regulate oil and gas activities. Cassie Archuleta, Environmental Services, stated Prospect Energy received approval for a re- fracturing of a well just outside City limits last year. A similar proposal has been submitted this year. Councilmember Summers requested additional information regarding wells in City limits. Archuleta replied there are 10 wells considered to be active, 3 of which are producing. All of these wells are oil, not gas, and all are vertical, not horizontal. 1.3 Packet Pg. 34 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 125 Councilmember Summers stated the Colorado Department of Health and Environment has not found any systemic health issues that arise from hydraulic fracturing. Councilmember Martinez requested the restroom sign be investigated. Mayor Pro Tem Horak noted the City provided some funding for the project and is therefore partially responsible for the insensitive language. Councilmembers agreed the sign is not humorous. Councilmember Cunniff stated signage for City and DDA facilities should be held to professional standards. • CONSENT CALENDAR Mayor Troxell stated the public hearing for Item No. 11, Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City, will be part of the Consent Agenda. Councilmember Martinez withdrew Item No. 12, First Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes from the December 5, 2017 Regular Council Meeting, the December 12, 2017 Adjourned Council Meeting and the December 13, 2017 Special Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the December 5, 2017 Regular Council meeting, December 12, 2017 Adjourned Council meeting and the December 13, 2017 Special Council meeting. 2. Postponement to January 16, 2018, of Second Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. (Adopted) Staff is requesting postponement to January 16, 2018, of Council’s consideration of this Ordinance on Second Reading. 1.3 Packet Pg. 35 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 126 After closing the public hearing at First Reading of this Ordinance on December 19, 2017, City Council requested staff input regarding the possibility of adding three more conditions to its approval of the Long Pond Wireless Telecommunications Addition of Permitted Use (APU) (in addition to those conditions already included in Ordinance No. 136, 2017, as adopted). It is recommended that Council reopen the public hearing to consider additional evidence pertaining to additional conditions or other issues specified by Council and allow comment on such matters by both the applicant and the public. Postponement of Second Reading to January 16, 2018 will allow time for required notice to be provided for the reopening of the public hearing on this item. Reopening the public hearing on January 16 will allow new information related only to the three conditions to be added to the record. This Ordinance, unanimously adopted on First Reading on December 19, 2017 approved, with conditions, the Long Pond Wireless Telecommunications APU, made in conjunction with PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. On First Reading, a condition was added that reduced the height of the facility to 45 feet or less and specified a location for the facility near the existing barn located in the northeast portion of the site. 3. Items Relating to the Fort Collins Traffic Code. (Adopted) A. Second Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins Traffic Code. B. Second Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort Collins Traffic Code Regulating Bicycles. These Ordinances, unanimously adopted on First Reading on December 19, 2017, amend the Fort Collins Traffic Code to ensure that the Code is consistent with Colorado traffic laws. Changes were made to Section 2101(2) between First and Second Reading to be consistent with current City Code provisions that allow power-driven mobility devices, including electrical assisted bicycles, to be used by persons with temporary or permanent mobility disabilities on bike or pedestrian paths or recreational trails. 4. Second Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the City of Fort Collins Regarding Hydraulic Fracturing. (Adopted) This Ordinance, unanimously adopted on First Reading on December 19, 2017, removes references to a prohibition on oil and gas related activities from Chapter 12, Article VIII of the City Code. This is an administrative clean-up item reflecting the 2016 Colorado Supreme Court decision that struck down the City’s hydraulic fracturing moratorium because state law preempted it. 5. Second Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property Consisting of a Portion of Tract A, Prospect Industrial Park Currently Owned by the City of Fort Collins Utilities’ Wastewater Utility Enterprise as Road Right-of-Way for the Proposed Sharp Point Drive Extension. (Adopted) This Ordinance, unanimously adopted on First Reading on December 19, 2017, declares approximately 1.4 acres of Tract A owned by the City Utilities’ Wastewater Utility Enterprise as right- of-way for the construction of Sharp Point Drive between Nancy Gray Avenue and Midpoint Drive. Tract A is a 1.9-acre parcel which was originally platted as a public access and loading easement in the 1970s as part of the Prospect Industrial Park. The Sharp Point Drive connection was shown on the City’s Master Street Plan in 1998. The platted easement merged into fee property upon acquisition by the Wastewater Utility Enterprise in 2002. 1.3 Packet Pg. 36 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 127 6. Second Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. This Ordinance, unanimously adopted on First Reading on December 19, 2017, amends the City’s Zoning Map to adjust the location, size and boundary between two zone districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street. The result of the shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88 acres while the Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains a corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and the M-M-N zone would be enlarged to 13.13 acres. This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted (6-0) to recommend the rezoning with six conditions. The six conditions have been agreed upon by the applicant and neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg neighborhoods), as well as consultation with staff. 7. First Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. (Adopted) The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month grant in the amount of $45,500 for the period from January 1, 2018 to December 31, 2018, by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour, 7-days/week services to victims of crime in the community. 8. First Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to the General Fund for the James Ross Proving-Up House Restoration. (Adopted) The purpose of this item is to appropriate previously received grant funds of $16,080 received from the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins Historical Society for the restoration of the James Ross Proving-Up House. The total new appropriation is $19,437. The grant is matched by Historic Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior year reserves. 9. First Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Project and Transferring Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for Art in Public Places (Adopted) The purpose of this item is to appropriate $891,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and authorize the transfer of appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Improvement Project. In addition, this item will transfer $8,760 in prior year reserves from the Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural Services 1.3 Packet Pg. 37 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 128 and Facilities Fund for Art in Public Places. This project will construct road and intersection improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections. 10. First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project (Adopted) The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. 11. Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City. (Adopted) The purpose of this item is to consider approval of a natural gas Franchise Agreement between the City of Fort Collins and the Public Service Company of Colorado (“Public Service”). Without a change in the financial burden to residents, this Franchise Agreement grants a non-exclusive franchise to Public Service to make reasonable use of City streets, public utility easements and other City property for Public Service’s provision of natural gas utility services within the City. The franchise fee will be equivalent to the current occupation tax imposed (1.07%) to compensate the City for the use of its property. The franchise fee rate can be increased by the City Council in the future by ordinance but at a rate not to exceed 3% of gross revenues. 12. Resolution 2018-001 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for Transfort FLEX Service. (Adopted) The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with the Colorado Department of Transportation (CDOT). This agreement will result in the receipt of $200,000 in grant funds through the statewide competitive pool of the FASTER Transit program for fiscal year 2018. Transfort will be required to match the $200,000 in grant funds with a $200,000 local match, which was appropriated through the previous BFO cycle and is accounted for in the approved 2018 Transfort budget. 13. Resolution 2018-002 Authorizing an Intergovernmental Agreement with Colorado State University Regarding the Elizabeth Street and Shields Street Bicycle and Pedestrian Underpass. (Adopted) The purpose of this item is to authorize the City Manager to sign on behalf of the City a Memorandum of Understanding (MOU) with the Board of Governors of the Colorado State University System to define the rights and responsibilities of the parties concerning the ownership and maintenance of the newly completed Elizabeth and Shields Bicycle and Pedestrian Underpass and adjoining right-of-way areas. 1.3 Packet Pg. 38 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 129 14. Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities’ due to resignations of board members and vacancies to be created upon the expiration of terms of current members. Applications were solicited during September, October, and November. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. • END CONSENT • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Horak commented on good news items relating to FLEX service and off-campus infrastructure improvements made by CSU. Councilmember Stephens thanked board and commission candidates in regard to Item No. 15, Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. Councilmember Overbeck thanked board and commission members for their service. Councilmember Martinez commended Item No. 7, First Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. Mayor Troxell closed the public hearing for Item No. 11, Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 15. First Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder. (Adopted on First Reading) The purpose of this item is to request a 2018 appropriation in the amount of $1,200,000. Transfort was awarded $960,000 through a CDOT grant for the purchase of two new buses for Transfort’s Regional FLEX route to Longmont and Boulder. This grant requires a local match of $240,000. Councilmember Martinez asked if the $240,000 local match is funded solely by Fort Collins. Mark Jackson, Planning, Development, and Transportation, replied Boulder County and a number of cities along the Flex route participate financially; however, this match is fully funded from Transfort transit reserves. 1.3 Packet Pg. 39 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 130 Councilmember Martinez suggested other municipalities should participate in providing matching funds in the future as they are benefitting as well. Mayor Pro Tem Horak stated this service was started and encouraged by the North Front Range Metropolitan Planning Organization which includes Weld and Larimer Counties and associated cities. Fort Collins is funding this match because the buses are Fort Collins buses and can be used for Transfort needs. City Manager Atteberry stated he will provide statistics related to the cost sharing for Flex. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 002, 2018, on First Reading. Councilmember Cunniff commended the item and its impact on air quality. RESULT: ORDINANCE NO. 002, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • DISCUSSION ITEMS 16. First Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Chief Judge. (Adopted on First Reading) The purpose of this item is to establish the 2018 salary of the Chief Judge. City Council met in executive session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen M. Lane. This Ordinance sets the 2018 compensation of the Chief Judge. Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 007, 2018, on First Reading, increasing the Chief Judge’s compensation by 3%. Base salary and total compensation figures were calculated. Mayor Pro Tem Horak asked if Judge Lane will be remaining at 0.8 FTE. Judge Lane replied she is planning to ask for an increase to a full 1.0 FTE in the next budget cycle, to be divided between herself at 0.75 and the Assistant Chief Judge at 0.25. Councilmembers Martinez and Overbeck commended Judge Lane and her work. Councilmember Stephens commended Judge Lane’s work with Special Agency Session. Mayor Troxell thanked Judge Lane for her work and longevity in the community. RESULT: ORDINANCE NO. 007, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1.3 Packet Pg. 40 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 131 17. First Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. (Adopted on First Reading) The purpose of this item is to establish the 2018 salary of the City Attorney. City Council met in executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City Attorney. This Ordinance sets the 2018 compensation of the City Attorney. Mayor Pro Tem Horak suggested a 2.5% increase. Base salary and total compensation figures were calculated. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 008, 2018, on First Reading, increasing the City Attorney's compensation by 2.5%. Councilmember Overbeck commended the City Attorney and her team. Councilmember Martinez commended the City Attorney on utilizing suggestions. Councilmember Stephens commended the City Attorney for her sound legal and ethical advice. Mayor Troxell commended the City Attorney on her work. RESULT: ORDINANCE NO. 008, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 18. First Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the City Manager. (Adopted on First Reading) The purpose of this item is to establish the 2018 compensation of the City Manager. City Council met in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry, City Manager. This Ordinance sets the 2018 compensation of the City Manager. Mayor Pro Tem Horak suggested a 2.5% compensation increase. Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 009, 2018, on First Reading, increasing the City Manager's compensation by 2.5% Base salary and total compensation figures were calculated. Councilmembers Overbeck and Summers commended the City Manager on his work and service. Councilmember Stephens thanked the City Manager for ensuring issues are addressed in a timely manner. Councilmember Cunniff stated he would support the motion but noted City Manager Atteberry is the highest paid City Manager in Colorado. He commended the City Manager on his work. Councilmember Cunniff requested information on the salary funding split, including a possible broadband utility, for both the City Manager and City Attorney prior to Second Reading. 1.3 Packet Pg. 41 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 132 Councilmember Martinez thanked the City Manager for his professionalism and work. He noted City Manager Atteberry is the longest serving City Manager in Colorado and his salary is average on a national level. He stated City Manager Atteberry has made Fort Collins a world-class city. Mayor Pro Tem Horak noted salaries are set based on the average of the market for each position. Mayor Troxell thanked the City Manager for his service over the past 14 years, citing several examples of excellent work. He thanked the Councilmembers for their service and creation of a positive environment for its direct employees and the City organization as a whole. RESULT: ORDINANCE NO. 009, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 19. Items Relating to Funding Improvements to the I-25/Prospect Interchange. (Adopted) A. Resolution 2018-004 Authorizing the Execution of an Amendment to the Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the Interstate 25 Improvements Between State Highway 14 and State Highway 402. B. Resolution 2018-005 Approving and Authorizing the Execution of a Memorandum of Understanding with Benefitted Property Owners Regarding Financial Participation in the I- 25/Prospect Interchange Improvements. The purpose of this item is to amend an existing Intergovernmental Agreement with the Colorado Department of Transportation and enter into a Memorandum of Understanding with private property interests proximate to the interchange at I-25 and Prospect Road. These agreements form the basis of a public-private funding partnership model to accelerate improvements to the aging and congested I-25/Prospect Interchange. City staff is also continuing to negotiate with the Town of Timnath for its payment of a share of the costs for these improvements. Mark Jackson, Planning, Development, and Transportation, introduced several staff members and CDOT program manager, Scott Rees. He stated improving northern I-25 has been a Council priority for years and the project, and potential inclusion of the Prospect interchange, will provide a significant safety and mobility benefit for Fort Collins and northern Colorado. Jackson discussed the aging infrastructure at the Prospect interchange and the opportunity to partner with Timnath, CDOT, and the property owners near the interchange to include it as part of the overall I-25 corridor project. The partnership will save an estimated $7 million and will speed the timing of the project. Mike Beckstead, Chief Financial Officer, discussed the memorandum of understanding that has been formed as a result of the negotiations. He noted the benefit of the arrangement declines if development does not occur or occurs later than anticipated. The intent for financing is to do certificates of participation and use City assets for collateral. This item would authorize the IGA with CDOT and the MOU for the property owners. Councilmember Cunniff noted the difference between the 13% and 15% Timnath contribution is $350,000 and expressed appreciation for efforts made to increase that. 1.3 Packet Pg. 42 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 133 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2018-004. Councilmember Cunniff stated he would support the motion despite being concerned about the City’s overall debt load. He commended staff work on the item. Councilmember Martinez asked about the source of borrowed funds. Beckstead replied bonds would be issued. Councilmember Martinez asked about Timnath’s financial participation. Beckstead replied that amount is still being finalized; however, the MOU is written such that the property owners and Fort Collins would pay whatever portion Timnath does not. City Manager Atteberry noted conversations with Timnath have been very positive. Councilmember Martinez asked what motivation Timnath has to pay if it knows the project will occur regardless. Mayor Pro Tem Horak replied it is a matter of trust and historic performance. Mayor Troxell stated this proposal is in the best interest of the City of Fort Collins. RESULT: RESOLUTION 2018-004 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2018-005. Mayor Pro Tem Horak commended staff work and the overall partnership aspects of the proposal. RESULT: RESOLUTION 2018-005 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 20. Items Relating to Broadband Facilities and Services. (Adopted on First Reading) A. First Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for Telecommunication Facilities and Services. B. First Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. The City has been engaged in a multi-year process of research, due diligence, and community engagement that resulted in two successful ballot measures. The first in November 2015 gave the City the authority to provide high-speed broadband services to the community, the second, in November 2017 added telecom activity to the City Charter and demonstrated support for borrowing up to $150 million to provide fiber to the premise infrastructure. 1.3 Packet Pg. 43 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 134 At the November 28, 2017, Council Work Session discussion concerning the City’s Broadband updates, including an estimated timeline, major milestones, appropriation and governance recommendations, staff highlighted the need to dedicate resources to support further development and details associated with a Municipal Retail model. Staff is requesting $1.8M of funding to be appropriated to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings). To evidence the repayment of this loan, the City Council, acting as the Electric Utility Enterprise Board, will be considering an ordinance in a separate agenda item at this meeting which will agree to and direct the repayment of this loan to the General Fund when the bond proceeds are received. In addition, certain City Code changes are needed to authorize the City Electric Utility to begin implementing its provision of broadband facilities and services and to receive and expend the General Fund loan through the Light and Power Fund. These changes are proposed in Ordinance No. 011, 2018, which accompanies this agenda item. The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These changes also include assigning to the City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband facilities and services. City Manager Atteberry stated new suggested language would authorize the City Manager to delegate supervision of the utilities to the Deputy City Manager. Mike Beckstead, Chief Financial Officer, stated this appropriation is for $1.8 million. He discussed the plan for moving the broadband proposal forward. Glen Akins thanked the City and voters for providing this opportunity. Hannah Johnson, ASCSU, thanked the City for its commitment to innovation and stated this is an amazing opportunity. The ASCSU Senate has a formal resolution in support of the broadband initiative. Eric Sutherland opposed the residential electric rate schedule. He opposed the broadband ballot question language. City Attorney Daggett showed the language change which would give the City Manager additional discretion in shaping the management team working on utilities, specifically broadband. The amendment would amend Ordinance No. 011, 2018. She stated part of the purpose of the language was to allow it to change over time. City Manager Atteberry confirmed that purpose and stated there may be a time in the future in which all 5 utilities would fall under the Utilities Executive Director, and this would allow the City Manager to make that change administratively. 1.3 Packet Pg. 44 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 135 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 010, 2018, on First Reading. Councilmember Summers asked why $1.8 million needs to be borrowed from the General Fund. Beckstead replied conversations were held to determine if pulling the funds from the Light and Power reserves or the General Fund reserves would be better. Conversations with Council have indicated Light and Power ratepayers will not be subsidizing the broadband startup. Councilmember Summers stated money could be borrowed from Light and Power and paid back with interest, therefore the ratepayers would actually receive a benefit. Councilmember Cunniff stated he is leaning toward using General Fund reserves citing concerns that there are maintenance needs in the Utility fund that, if borrowed against, would increase the cost to ratepayers. Councilmember Summers stated the infrastructure needs were related more to the General Fund and noted the bonds are expected to be issued by March or April. City Manager Atteberry stated this decision is within Council’s discretion. He has been consistent in thinking this should come from the General Fund in order to keep the funding pure and, to date, the General Fund has covered the broadband conversation. However, the final decision remains with Council. Councilmember Martinez asked how many outstanding loans against the General Fund exist. Beckstead replied there are a couple loans with the Urban Renewal Authority, about $5 million for the Summit project, and about $2.5 million for the Innosphere project. Some of those loans have come from the Water Fund, however. Beckstead stated he would provide a follow-up memo with details. Mayor Pro Tem Horak agreed with the staff recommendation for the use of the General Fund. City Manager Atteberry corrected a statement and noted the Light and Power Fund did contribute to some of the broadband planning. He stated he would provide follow-up details. Councilmember Cunniff thanked voters for supporting this initiative and commended City staff for their work. Councilmember Martinez stated he wants assurance the loan is repaid regardless of which fund is used. Councilmember Overbeck stated he would support the motion and discussed the importance of maintaining net neutrality and consumer protection. Councilmember Summers stated this is a vote about funding, not broadband itself. Councilmember Stephens thanked the speakers and citizens for their support. Mayor Troxell thanked the speakers and staff for their work. 1.3 Packet Pg. 45 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 2, 2018 City of Fort Collins Page 136 RESULT: ORDINANCE NO. 010, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 011, 2018. Mayor Pro Tem Horak stated his motion does not include the new language as the current language still allows for charge changes. Councilmember Cunniff agreed with Mayor Pro Tem Horak. Mayor Troxell encouraged Mr. Sutherland to have a conversation to affect change rather than go to court. RESULT: ORDINANCE NO. 011, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • ADJOURNMENT The meeting adjourned at 8:08 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 46 Attachment: January 2, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) City of Fort Collins Page 137 January 16, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended postponing Item No. 5, Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project, to February 6, 2018, to give staff more time to respond to resident concerns. He withdrew Item No. 14, First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures and Amateur Drone Operation in Natural Areas and City Parks, to allow staff to provide details regarding what the changes are expected to address, justifications for why the changes are needed, and more information about the permitting process. He withdrew Item No. 20, First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events, to address concerns about synching with the Downtown Development Authority. • CITIZEN PARTICIPATION Zach Heath supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Lynn Thompson supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Mary Lee Steltz supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Steve Raymer, Fort Collins Mennonite Church Pastor, expressed disappointment regarding the staff recommendation against placing the lockers at the Church. Stacy Lynne stated the Colorado Department of Regulatory Agencies and Colorado Revised Statutes legally define her work as an investigative journalist. She discussed the importance of context, specifically relating to the video of a police officer’s altercation with a woman in Old Town. Stephen Dougherty supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Jeremy Mack supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. 1.4 Packet Pg. 47 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 138 Joe Rowan stated it is becoming increasingly difficult to justify the cost of the insatiable legacy of the City. He stated it is disingenuous to make the KFCG tax part of the regular budget and stated the City needs to examine what it will stop doing and what it can afford. Sarah King supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Debra James supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Haley Dallas supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Carol YiBebo supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Tunia (no last name given) supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Michael (no last name given) stated he will be managing the lockers and noted users will be screened. Nicholas Mouton discussed community injustices and supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. He also discussed judicial injustices in the community. Juliana Cullen supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Cheryl Distaso, Fort Collins Homeless Coalition, supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Jeff Craigstead supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Desiree Anthony, Tilted Halos, supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Ray Suslutski-Moore supported the plan to place lockers for homeless residents at the Fort Collins Mennonite Church. Jeshua Jackson stated he sent an email to Council and stated the City can do better. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Stephens thanked the citizens who spoke about the lockers and stated she will be bringing up the issue under Other Business. 1.4 Packet Pg. 48 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 139 Councilmember Overbeck thanked the speakers and stated he did receive Mr. Jackson’s email. Mayor Troxell thanked the speakers. • CONSENT CALENDAR Mayor Pro Tem Horak withdrew Item No. 5, Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. (Adopted) This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates grant funds in the amount of $45,500 to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services. The Fort Collins Police Services Victim Services Unit has been awarded a 12- month grant by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour, 7-days/week services to victims of crime in the community. 2. Items Relating to Transfort's Regional FLEX Route to Longmont and Boulder. (Adopted) A. Second Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder. B. Resolution 2018-008 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for a Grant to Purchase Two New Buses for Transfort’s Regional FLEX Route to Longmont and Boulder. This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $1,200,000 for the purchase of two new buses for Transfort’s Regional FLEX route to Longmont and Boulder. Transfort was awarded $960,000 through a CDOT grant. This grant requires a local match of $240,000. On Second Reading, staff is presenting to Council Resolution 2018-008 which authorizes the Mayor to execute an intergovernmental agreement between the City of Fort Collins and CDOT for the purchase of the two new buses for the FLEX Regional Route. 1.4 Packet Pg. 49 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 140 3. Second Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to the General Fund for the James Ross Proving-Up House Restoration. (Adopted) This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates previously received grant funds of $16,080 received from the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins Historical Society for the restoration of the James Ross Proving-Up House. The total new appropriation is $19,437. The grant is matched by Historic Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior year reserves. The Ross Proving-Up House is the only “proving-up” or “filing” house associated with the 1862 Homestead Act still in existence in Larimer County. In preparation for its restoration, the building was moved last fall to a permanent location at The Farm at Lee Martinez Park, 600 North Sherwood Street. 4. Second Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Project and Transferring Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for Art in Public Places. (Adopted) This Ordinance, unanimously adopted on First Reading on January 2, 2018, appropriates $891,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and authorizes the transfer of appropriations from the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Improvement Project. In addition, this item transfers $8,760 in prior year reserves from the Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct road and intersection improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections. 5. Second Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide Natural Gas Services to Customers within the City. (Adopted) This Ordinance, unanimously adopted on First Reading on January 2, 2018, approves a natural gas Franchise Agreement between the City of Fort Collins and the Public Service Company of Colorado (Public Service). Without a change in the financial burden to residents, this Franchise Agreement grants a non-exclusive franchise to Public Service to make reasonable use of City streets, public utility easements and other City property for Public Service’s provision of natural gas utility services within the City. The franchise fee will be equivalent to the current occupation tax imposed (1.07%) to compensate the City for the use of its property. The franchise fee rate can be increased by the City Council in the future by ordinance but at a rate not to exceed 3% of gross revenues. 6. Second Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Chief Judge. (Adopted) City Council met in executive session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen M. Lane. This Ordinance, unanimously adopted on First Reading on January 2, 2018, establishes the 2018 salary of the Chief Judge at 120,667 and total compensation at $149,125. 7. Second Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City Attorney. (Adopted) City Council met in executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City Attorney. This Ordinance, unanimously adopted on First Reading on January 2, 2018, sets the 2018 compensation of the City Attorney at $194,259 and total compensation at $232,770. 1.4 Packet Pg. 50 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 141 8. Second Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Compensation of the City Manager. (Adopted) City Council met in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry, City Manager. This Ordinance sets the 2018 compensation of the City Manager at $262,489 and total compensation at $319,320. 9. Items Relating to Broadband Facilities and Services. (Adopted) A. Second Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for Telecommunication Facilities and Services. B. Second Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. Ordinance No. 010, 2018, appropriates $1.8M of funding to support first year start-up costs associated with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings). The operation and maintenance expenses table in the “Whereas” clause for Ordinance No. 010, 2018, has been updated for Second Reading to reflect consistent data with the table used in the agenda item summary and staff presentation on First Reading. The revised table reflects the latest final planned budget for first year operation and maintenance expenses. Ordinance No. 011, 2018, amends City Code to authorize the City Electric Utility to begin implementing its provision of broadband facilities and services and to receive and expend the General Fund loan through the Light and Power Fund. The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These changes also include assigning to the City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband facilities and services. In response to discussion during consideration on First Reading, the revision to Code Section 2-491 presented on First Reading has been removed from Ordinance No. 011, 2018. A needed conforming change to the definition of “service area” in Code Section 1-2 has been substituted in as Section 2 of Ordinance No. 011, 2018. These revisions are shown in the Second Reading version of the Ordinance No. 011, 2018. Both Ordinances were unanimously adopted on First Reading on January 2, 2018. 10. First Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. (Adopted) The purpose of this item is to appropriate funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. 1.4 Packet Pg. 51 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 142 The City Manager approved and signed both agreements. Pursuant to City Code Section 1-22 the City Manager has the authority to enter into both IGAs because the IGAs do not require the direct, monetary payment of more than $5,000 from the City, after reimbursement from Loveland, and the City Manager has determined that the IGAs do not entail significant policy decisions. 11. First Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. (Adopted) The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. 12. First Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. (Adopted) The purpose of this item is to appropriate $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. 13. First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures and Amateur Drone Operation in Natural Areas and City Parks. (Withdrawn) The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect administrative responsibilities regarding permits, clarify various provisions, and provide additional consistency in provisions regulating activities in Natural Areas and Parks as stated in the City Code. 14. First Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". (Adopted) The purpose of this item is to amend Section 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. 15. First Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. (Adopted) The purpose of this item is to align City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. 1.4 Packet Pg. 52 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 143 16. Resolution 2018-006 Authorizing the Lease of 11.85 Acres of City-Owned Natural Area Property to Hageman Earth Cycle, LLC. (Adopted) The purpose of this item is for City Council to consider the proposed lease of approximately 11.85 acres of land to Roger Hageman, Hageman Earth Cycle (HEC). In January 2017, staff asked Council to consider selling 11.85 acres of land; Council did not approve the sale based in part on the Land Conservation and Stewardship Board’s recommendation to not sell the land. Council asked staff to develop land disposition and land-leasing guidelines for its review. Four months ago, staff was directed by the City Manager to seek Council approval of a long-term lease rather than a sale. 17. Resolution 2018-007 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. (Adopted) The purpose of this item is to appoint 15 individuals to fill vacancies that currently exist on 6 various boards and commissions, due to expiration of terms on December 31, 2017. Applications were solicited during September, October, and November. Council teams interviewed applicants during December and January. Vacancies still exist on the Building Review Board; Housing Catalyst; and the Senior Advisory Board, work will continue to fill those vacancies. • END CONSENT • STAFF REPORTS Brian Thall, Energy Services Supervisor, stated Partners in Energy is a collaborative effort between Fort Collins Utilities and Xcel Energy which embodies City values and relates to multiple objectives within the City’s Strategic Plan. Tammy Gundersick, Partners in Energy Program Manager, stated Fort Collins is the first municipality to participate in this program. Data sharing, program alignment, and marketing have been benefits of the program. • COUNCILMEMBER REPORTS Councilmember Martinez reported on the Rockies Caravan event at CSU during which a large donation was made to the Boys and Girls Club. Councilmember Cunniff reported on the 25 th anniversary of the Open Space tax celebration event. Mayor Troxell reported on an email he received about superior service received at McCormick Automotive and the Quality Inn hotel. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 18. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. (Postponed to February 6, 2018) This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. 1.4 Packet Pg. 53 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 144 In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpose Second Reading of Ordinance No. 005, 2018, to February 6, 2018. RESULT: SECOND READING OF ORDINANCE NO. 005, 2018, POSTPONED FEBRUARY 6, 2018 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • DISCUSSION ITEMS 19. Public Hearing and Second Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018. (Adopted as Amended on Second R) This Ordinance, unanimously adopted on First Reading on December 19, 2017 approves with conditions, the Long Pond Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Mixed- Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry Road. On First Reading, three conditions of approval were adopted: one condition making the APU validity contingent upon subsequent Planning and Zoning Board approval of the associated PDP, one that reduced the height of the facility to 45 feet or less, and one requiring that the facility be located further north so it is closer to existing outbuildings. The City Council directed staff to research three additional conditions of approval. Mayor Troxell discussed the item and stated Council requested staff input regarding three possible additional conditions of approval: the tower’s design be changed upon redevelopment of the parcel or surrounding areas, the tower must exceed current City structural requirements for cell towers, primarily with respect to wind loads, and the tower must be removed when it becomes obsolete. To consider the possibility of adopting one or more of these conditions, Council will consider a motion to reopen the hearing for the limited purpose of taking additional evidence related to these conditions. Mayor Troxell outlined the process should the motion to reopen the hearing carry. Councilmember Summers recused himself from this item as he was absent for the meeting during which First Reading occurred. City Attorney Daggett stated the project development plan related to this project is scheduled to be considered by the Planning and Zoning Board Thursday, January 18. That proceeding will be separate and a new record will be created at that time. 1.4 Packet Pg. 54 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 145 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to reopen the public hearing on Ordinance No. 136, 2017. Yeas: Troxell, Overbeck, Martinez, Cunniff, Stephens, and Horak. Nays: none. THE MOTION CARRIED. Clay Frickey, City Planner, detailed the three possible conditions. He stated the change of the design when the surrounding area redevelops may need a metric to be included for the triggering of the design change. Staff would also like Council’s direction in terms of the type of process that would be required. Given these practical difficulties, staff is not recommending adoption of the first condition. He stated the Fort Collins Building Code already requires additional wind load standards; therefore, staff finds the existing requirements are sufficient. The Land Use Code deals with inactive uses as they pertain to non-conforming uses. Those uses expire after 24 months. Staff is recommending removal of a functionally obsolete tower after 6 months of inactivity. Michael Powers, Atlas Tower, agreed with staff regarding the practical concerns of the first condition. He also stated that type of requirement is unprecedented and questioned whether it is appropriate. Regarding the second condition, Mr. Powers stated the existing Building Code standards are quite rigorous. He requested the timeframe for removal of an obsolete tower be extended to one year because the tower is unlikely to be co-locatable given its height; therefore, if Verizon opts to discontinue its lease and remove its equipment, it will take more than 6 months to find a new tenant, complete proper due diligence, and go through the City’s planning process. Melissa Reagan, Sherman and Howard, outside counsel to Verizon Wireless, requested Council not impose any of the three additional conditions. Nancy Eason supported adoption of the third condition for removal of the tower if it becomes obsolete. She asked who would be responsible for removal of the tower should Atlas go out of business and asked how anyone will know if the tower is not working. She also asked if the neighborhood will be notified when operations begin and stated the APU process took too long. Tanja Andreas questioned how anyone will know the tower is working. She suggested the use of third-party expertise in the future. Mr. Powers stated it is unlikely this site will be unused as there is a large demand for the location. He reiterated it would take more than 6 months for a new tenant to go through the process. He stated their leases typically have the landlord taking the place of Atlas should the company go bankrupt and stated there is almost no way the company going bankrupt would result in the tower not being used. He stated the City can make appointments with Atlas or Verizon to check that the equipment is operating. Councilmember Martinez asked who would be responsible for removing an obsolete tower. Frickey replied it would be the responsibility of Atlas Tower to remove it upon notice from the City. Councilmember Martinez asked about the time period for determining obsolescence. Frickey replied the time would start when the facility became inactive; however, there is currently staff who monitors cell facilities to determine whether they are active. Deputy City Manager Mihelich stated the amount of electricity going into the facility and the radio frequencies coming off the tower can be monitored by staff. 1.4 Packet Pg. 55 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 146 Councilmember Martinez asked about the timeframe for determining obsolescence. Cameron Gloss, Planning Manager, replied the City process for a new carrier would be a simple minor amendment process, which would likely take less than a month. Councilmember Martinez asked if staff would still identify the tower as being obsolete if a new carrier was in the process of being found. Gloss replied the condition has been written such that the time would begin when the equipment stops functioning; however, Council could consider alternative language. Councilmember Overbeck asked if notice is provided to the neighborhood when the facility begins operations. Mr. Powers replied that is not typical; however, they are happy to do so. Councilmember Overbeck asked if staff could help facilitate a notification. Frickey replied in the affirmative. Councilmember Overbeck asked if annual radio frequency monitoring could occur. Ms. Reagan replied RF emissions cannot be considered when approving or denying a telecommunication facility, pursuant to the Federal Telecommunications Act of 1996; however, in order for Verizon to maintain its FCC license for the facility, radio frequency emissions must be monitored to ensure compliance. Councilmember Martinez asked how staff arrived at the 6-month timeframe for obsolescence. Frickey replied it seemed reasonable to staff. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 136, 2017, on Second Reading, with the following condition of approval: the equipment and tower must be removed if they are not operated for any reason for a continuous period of 270 consecutive days. Councilmember Cunniff supported the motion. Councilmember Overbeck asked if an amendment would be needed to direct staff to provide notice of the facility beginning operation. Frickey replied staff has that direction. Mayor Pro Tem Horak stated the notice is not a condition of approval. City Manager Atteberry stated the notification should not be precedent-setting. Mayor Troxell suggested Councilmember Overbeck could bring the notification issue up under Other Business and clarified the notification is not part of the motion or approval. The vote on the motion was as follows: Yeas: Martinez, Stephens, Overbeck, Troxell, Cunniff, and Horak. Nays: none. THE MOTION CARRIED. (Secretary's Note: The Council took a brief recess at this point in the meeting.) 1.4 Packet Pg. 56 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) January 16, 2018 City of Fort Collins Page 147 RESULT: ORDINANCE NO. 136, 2017, ADOPTED AS AMENDED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Summers 20. First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events. (Withdrawn) The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to be in alignment with current law and to more accurately reflect the City’s current processes and procedures for issuing Special Event Permits. RESULT: WITHDRAWN • OTHER BUSINESS Councilmember Stephens stated she would like to see the locker item on a Council agenda despite the staff recommendation. Councilmember Cunniff supported bringing the item before Council. Councilmember Overbeck stated there were concerns about the proposal at the neighborhood meeting; however, there is clearly a need. He discussed successful locker projects and stated he would be willing to spend more money to fund a successful project; however, he stated this process has been somewhat backward. He suggested exploring other options for locations and suggested staff examine other successful programs. Councilmember Martinez suggested providing notification to parties-in-interest regarding the topic. City Manager Atteberry stated staff would do so and place the item on Council’s agenda. Councilmember Cunniff stated the APU process is different from other development applications and suggested staff develop a notification proposal for APU projects that are being constructed. City Manager Atteberry stated staff would return with options. • ADJOURNMENT The meeting adjourned at 8:15 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.4 Packet Pg. 57 Attachment: January 16, 2018 (6460 : minutes-12/19, 12/27, 1/2, 1/16) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Tracy Dyer, Engineering Project Manager Kerri Allison, Real Estate Specialist II Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Staff has had ongoing discussions with property owners of 1004 and 1006 North College, Lot 1 and Lot 2 respectively, since August 2017. Those discussions continued on January 25, 2018, following the property owners’ attorney’s request to postpone the January 16 Second Reading of Ordinance No. 005, 2018. The owners of Lot 2 submitted a design requesting the construction of new accesses located on College Avenue, as well as two access points to/from Suniga Road. City Traffic Operations and the Colorado Department of Transportation have indicated it will support the request for a temporary College Avenue access at the owners’ expense and the City requested of the owners to decide on one of the two proposed access points on Suniga Road. Correspondence to such was communicated to property owner’s attorneys on January 30. Staff is awaiting their feedback and response to the most current access proposal. 2 Packet Pg. 58 Agenda Item 2 Item # 2 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 005, 2018 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 2, 2018 City Council STAFF Kerri Allison, Real Estate Specialist II Tracy Dyer, Engineering Project Manager Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right- of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Suniga Road was first included in the Transportation Planning Master Street Plan in October 1999. At the time, the alignment was referred to as “New Vine Drive”. By City Council resolution in early 2015, New Vine Drive became officially known as Suniga Road. The first segment of Suniga Road between Redwood Drive and Blondel Street was completed in 2016. Development and growth near the Suniga Road alignment continues to move forward, putting increased volumes of traffic on the existing street network. Additionally, as the Lemay Avenue/Vine Drive overpass continues to be planned, this portion of Suniga Road will provide a key connection to the arterial roadway network. Staff has completed the preliminary design for Suniga Road between Blondel Street and College Avenue. The necessary property interests include right-of-way and permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their property. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the goals of the project. At our meetings, the property owners were notified ATTACHMENT 1 2.1 Packet Pg. 59 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6421 : SR 005 Suniga Road ED) Agenda Item 10 Item # 10 Page 2 that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First Reading of this Ordinance. BOARD / COMMISSION RECOMMENDATION The Project was presented to the Bicycle Advisory Committee on November 27, 2017 for information and informal feedback PUBLIC OUTREACH Individual property owner meetings and contact with affected businesses. The Project was included as a part of fall 2017 Bike Project Fair on October 26, 2017. As design and construction details are finalized, the Project Team plans additional specific outreach with nearby neighbors and businesses. ATTACHMENTS 1. Location Map (PDF) 2.1 Packet Pg. 60 Attachment: First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (6421 : SR 005 Suniga Road ED) -1- ORDINANCE NO. 005, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE SUNIGA ROAD IMPROVEMENTS PROJECT WHEREAS, the City Engineering Department plans to construct a new arterial roadway between College Avenue and Blondel Street with such improvements to include construction of a complete arterial street that may include four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements, which street project was historically referred to as “New Vine Drive” but will now be called “Suniga Road” (the “Suniga Road Project”); and WHEREAS, the Engineering Department is designing the improvements associated with the Suniga Road Project in accordance with the City’s Transportation Master Street Plan; and WHEREAS, to construct the Suniga Road Project, the City will need to acquire certain property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Suniga Road Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the Suniga Road Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. 2.2 Packet Pg. 61 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) -2- Section 4. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 62 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "A" Page 1 of 2 2.2 Packet Pg. 63 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "A" Page 2 of 2 2.2 Packet Pg. 64 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "B" Page 1 of 2 2.2 Packet Pg. 65 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "B" Page 2 of 2 2.2 Packet Pg. 66 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "C" Page 1 of 2 2.2 Packet Pg. 67 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "C" Page 2 of 2 2.2 Packet Pg. 68 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "D" Page 1 of 4 2.2 Packet Pg. 69 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "D" Page 2 of 4 2.2 Packet Pg. 70 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "D" Page 3 of 4 2.2 Packet Pg. 71 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "D" Page 4 of 4 2.2 Packet Pg. 72 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "E" Page 1 of 2 2.2 Packet Pg. 73 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "E" Page 2 of 2 2.2 Packet Pg. 74 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "F" Page 1 of 2 2.2 Packet Pg. 75 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "F" Page 2 of 2 2.2 Packet Pg. 76 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "G" Page 1 of 2 2.2 Packet Pg. 77 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "G" Page 2 of 2 2.2 Packet Pg. 78 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "H" Page 1 of 2 2.2 Packet Pg. 79 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Exhibit "H" Page 2 of 2 2.2 Packet Pg. 80 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) EXHIBIT "I" Page 1 of 2 2.2 Packet Pg. 81 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) EXHIBIT "I" Page 2 of 2 2.2 Packet Pg. 82 Attachment: Ordinance No. 005, 2018 (6421 : SR 005 Suniga Road ED) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agneda Item Summary, January 16, 2018 (w/o attachments) (PDF) 2. Ordinance No. 012, 2018 (PDF) 3 Packet Pg. 83 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. The City Manager approved and signed both agreements. Pursuant to City Code Section 1-22 the City Manager has the authority to enter into both IGAs because the IGAs do not require the direct, monetary payment of more than $5,000 from the City, after reimbursement from Loveland, and the City Manager has determined that the IGAs do not entail significant policy decisions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is entering into two intergovernmental agreements with the City of Loveland. (Attachment 1) This request is to appropriate the funding necessary for the two IGAs. In 2014, Transfort and COLT collaborated on a joint procurement for contracted paratransit service. COLT is executing the option to have its paratransit service delivered by the paratransit contractor. Through an intergovernmental agreement between the City of Fort Collins and the City of Loveland, Transfort will oversee the paratransit contractor on behalf of Loveland beginning in 2018, in accordance with the Paratransit IGA . Under the Transit Management IGA, the City, through Transfort, will provide and oversee one contracted employee to manage transit operations in Loveland and will provide other support services for COLT. ATTACHMENT 1 3.1 Packet Pg. 84 Attachment: First Reading Agneda Item Summary, January 16, 2018 (w/o attachments) (6396 : SR 012 COLT IGAs) Agenda Item 11 Item # 11 Page 2 CITY FINANCIAL IMPACTS Paratransit Under the Para-Transit Management IGA, all costs incurred by COLT for services provided by the contractor will be paid upfront by Transfort. In addition, COLT agrees to pay Fort Collins $3,100 annually for its administration of the contract. COLT will be invoiced monthly to reimburse costs; therefore, the financial impacts of this agreement will be negligible. The breakdown of estimated expenditures by Transfort is as follows:  Monthly cost to provide COLT call center operations in 2018 is $4,502, for a total annual cost of $54,024.  Based on 2016 ridership and predetermined contract pricing, Transfort staff has estimated the cost of providing paratransit services to COLT in 2018 will be approximately $324,808 (for the purposes of this estimation, ridership levels were kept static; however, Loveland does report a 34% increase in rides from 2013 to 2016). 2016 Ridership 2018 Cost (per trip) Estimated Cost Ambulatory 8032 $31.00 $248,992 Non-Ambulatory 1872 $40.50 $75,816 Totals 9904 -- $324,808  Total annual cost increase to add COLT services to the existing paratransit contract will be approximately $378,832. As agreed upon in the Paratransit IGA, Transfort will pay the contractor directly for services provided and then bill COLT monthly to recover costs. Transit Manager Under the Transit Management IGA, the City of Fort Collins will provide a contractual management position, along with the requisite supervision for that position. Salary and benefits will be paid out of Transit Services Fund. The City of Loveland will reimburse 100% of the cost, in addition to a 2.5% administrative fee. The total annual cost to the City of Loveland will be $108,000, which will be invoiced monthly at $9,000 per month. Because the City of Fort Collins will be reimbursed fully for providing the service plus a small administrative fee, this agreement will be nominally revenue positive. The total appropriation for expense requested is $484,198 with anticipated revenue of $489,932 to cover the expense. ATTACHMENTS 1. Memo to Council, November 8, 2017 (PDF) 3.1 Packet Pg. 85 Attachment: First Reading Agneda Item Summary, January 16, 2018 (w/o attachments) (6396 : SR 012 COLT IGAs) -1- ORDINANCE NO. 012, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE TRANSIT SERVICES FUND FOR CONTRACTED PARATRANSIT SERVICES FOR THE CITY OF LOVELAND TRANSIT (COLT) AND TRANSIT MANAGER SERVICES PURSUANT TO TWO INTERGOVERNMENTAL AGREEMENTS WITH LOVELAND WHEREAS, Loveland operates public transportation service (including paratransit service) known as City of Loveland Transit (“COLT”) within the transit service area of the City of Loveland; and WHEREAS, Fort Collins operates its own public transportation service, including Transfort, paratransit service and the regional FLEX bus service, within and beyond the transit service area of the City of Fort Collins, which is a larger and more complex transit service than COLT; and WHEREAS, the City is entering into two intergovernmental agreements (“IGA”) with the City of Loveland; and WHEREAS, the first IGA is pursuant to a joint procurement for contracted paratransit service where the City will provide paratransit services for COLT under the current Dial-A-Ride contract (the “Paratransit IGA”); and WHEREAS, under the second IGA, the City will supply a contractual employee to Loveland to act as the COLT Transit Operations Manager under the supervision of the City and other support services (the “Transit Manager IGA”); and WHEREAS, the City will pay all costs incurred to provide services under the Paratransit IGA up front and then COLT will be invoiced monthly to reimburse these costs to the City; and WHEREAS, the current costs associated with the Paratransit IGA are estimated at $378,832 for 2018; and WHEREAS, the City will also pay all costs incurred to provide services under the Transit Manger IGA up front and then COLT will reimburse the City all costs, in addition to a 2.5% administrative fee; and WHEREAS, the current costs associated with the Transit Manager IGA, which includes the salary and benefits costs for the transit manager position, are estimated at $105,366 for 2018; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and 3.2 Packet Pg. 86 Attachment: Ordinance No. 012, 2018 (6396 : SR 012 COLT IGAs) -2- WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, this appropriation and the IGAs benefit public health, safety, and welfare of the citizens of Fort Collins and serve the public purposes of enhancing regional connectivity and efficiency of transportation services provided by COLT and the Fort Collins public transportation service. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure of unanticipated revenue in the Transit Services Fund the sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND ONE HUNDRED NINETY-EIGHT DOLLARS ($484,198) for paratransit services and Transit Manager Services to be provided to the City of Loveland. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 87 Attachment: Ordinance No. 012, 2018 (6396 : SR 012 COLT IGAs) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Cassie Archuleta, Senior Environmental Planner Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 16, 2018 (PDF) 2. Ordinance No. 013, 2018 (PDF) 4 Packet Pg. 88 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Cassie Archuleta, Senior Environmental Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Radon is a priority indoor air quality pollutant in Fort Collins, as it is the leading cause of lung cancer in non- smokers, and second leading cause for smokers (after smoking). Radon tests show that sixty-five percent of homes in Fort Collins test higher than Environmental Protection Agency (EPA) defined "action levels" for mitigating radon gas. The Environmental Services Department will use these grant funds to augment existing programs for education and outreach to raise awareness of the health risks, provision of low cost radon test kits to residents, and resources to help mitigate high radon levels. CITY FINANCIAL IMPACTS City resources would increase by $7,961. Required matching funds have already been appropriated in the 2018 General Fund. BOARD / COMMISSION RECOMMENDATION Radon is a priority pollutant identified by the Air Quality Advisory Board, but no formal recommendation was sought for appropriation of the grant funds to augment existing radon program efforts. PUBLIC OUTREACH Public outreach regarding radon will be conducted throughout the year with radon presentations, provision of outreach materials and radon test kit sales. ATTACHMENT 1 4.1 Packet Pg. 89 Attachment: First Reading Agenda Item Summary, January 16, 2018 (6397 : SR 013 Radon) -1- ORDINANCE NO. 013, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE ENVIRONMENTAL SERVICES RADON PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS PREVIOUSLY APPROPRIATED IN THE ENVIRONMENTAL SERVICES DEPARTMENT OPERATING BUDGET WHEREAS, the Fort Collins Environmental Services Radon Program (the "Program") is part of the City’s indoor air quality program, which is guided by the Air Quality Plan with a policy goal to educate and encourage residents to reduce their exposure to indoor air pollution; and WHEREAS, the current radon program includes aggressive education, a voluntary radon testing program, mandatory radon mitigation in new construction, and an ordinance requiring the distribution of radon information to all residential home-buyers at point-of-sale; and WHEREAS, the City has been awarded a grant from the Colorado Department of Public Health and Environment (“CDPHE”) in the amount of $7,961; and WHEREAS, the CDPHE grant funds will be used for the existing Environmental Services Radon Program, which provides low cost radon test kits to residents, education and outreach to raise awareness of the health risks, and resources to help mitigate high radon levels; and WHEREAS, the grant requires $5,307 of matching funds, which have been appropriated in the 2017 Environmental Services operating budget and are available for transfer to the Environmental Services Radon Program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the CDPHE grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the Program benefits public health, safety, and welfare of the citizens of Fort Collins and the public purpose of educating and encouraging residents to reduce exposure to indoor 4.2 Packet Pg. 90 Attachment: Ordinance No. 013, 2018 (6397 : SR 013 Radon) -2- air pollution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of SEVEN THOUSAND NINE HUNDRED SIXTY-ONE DOLLARS ($7,961) for expenditure in the General Fund for the Environmental Services Radon Program. Section 3. That the unexpended appropriated amount of FIVE THOUSAND THREE HUNDRED SEVEN DOLLARS ($5,307) is authorized for transfer from the Environmental Services operating budget in the General Fund to the Environmental Services Radon Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 91 Attachment: Ordinance No. 013, 2018 (6397 : SR 013 Radon) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Dan Coldiron, Chief Information Officer Kelly DiMartino, Assistant City Manager Chris Martinez, Financial & Policy Analyst Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 16, 2018 (PDF) 2. Ordinance No. 014, 2018 (PDF) 5 Packet Pg. 92 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Dan Coldiron, Chief Information Officer Kelly DiMartino, Assistant City Manager Chris Martinez, Financial & Policy Analyst Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The current enterprise document management system manages all documents and images for both active and archival document management purposes throughout the organization. There are more than 12 million files and 600 users on our current system. More than 70% of City Departments are utilizing this system currently. Several critical integrations exist with this system that include CityDocs, the City’s web based portal that provides municipal documents to the public, the financial system, public mapping services (GIS), law enforcement, and other government organizations such as Larimer County. The vendor for the current EDMS, Hyland Software, acquired SIRE in 2012 and decided to halt development of future updates to the application. Hyland offers its own product, OnBase, which it is solely supporting. The SIRE software currently has dependencies on older operating systems and technology that will soon be obsolete and not supported. The software will eventually cease to function. The discontinued support of the technology also exposes the system to possible security risks of sensitive data and it is recommended to be immediately replaced. The funds to replace the system were presented and accepted in the 2016-2017 BFO process under Enhancement Offer 9.3 entitled Enterprise Document Management System and Electronic Record Search. The initial Request for Proposal (RFP) development began in June 2017 with the City’s Purchasing Department. However, due to workload both in the IT and Purchasing departments, the RFP was not finalized until September 2017. The RFP was available for vendors to submit proposals from October 13 to November 10 to which a review ATTACHMENT 1 5.1 Packet Pg. 93 Attachment: First Reading Agenda Item Summary, January 16, 2018 (6398 : SR 014 Document Management System) Agenda Item 13 Item # 13 Page 2 committee was formed and given an early December deadline to review the submitted proposals for further evaluation. As it currently stands, Purchasing is engaged in scheduling three candidates to be onsite mid-January to provide onsite product demonstrations for the committee. After the vendor demonstrations are complete, the committee and IT are targeting a final selection in January with vendor negotiations and City Attorney review completing the process by February 2018. Any additional delay to this process not only exposes the City to the possibility the current software will cease to function without proper support, but additional costs are potential in delaying the execution of a contract with a new vendor. CITY FINANCIAL IMPACTS This will be a one-time reduction in the Data and Communication Reserves of $833,340 for the purchase of the EDMS replacement project. 5.1 Packet Pg. 94 Attachment: First Reading Agenda Item Summary, January 16, 2018 (6398 : SR 014 Document Management System) -1- ORDINANCE NO. 014, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE DATA AND COMMUNICATIONS FUND FOR THE ENTERPRISE DOCUMENT MANAGEMENT SYSTEM AND ELECTRONIC RECORD SEARCH PROJECT WHEREAS, the purpose of this item is to appropriate $833,840 from the Data and Communications Fund Reserves to replace the current enterprise document management system known as SIRE that currently manages the City’s documents and images; and WHEREAS, this project was approved through the Budgeting for Outcomes process for use in 2017, however the procurement process will not be completed until early February 2018; and WHEREAS, these funds are needed to finalize a contract in order to avoid additional costs associated with upkeep of the outdated system and to avoid installation delays; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff has determined that the appropriations as described herein are available and previously unappropriated in the Data and Communications Fund; and WHEREAS, the purchase of a new enterprise document management system and improvement of the City’s electronic record search capabilities serves a public purpose by making the City’s records management system more reliable, efficient, and maintainable, thereby improving the City’s services to the community and improving the ability of the public to access City records. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from reserves in the Data and Communications Fund the sum of EIGHT HUNDRED THIRTY THREE THOUSAND EIGHT HUNDRED FORTY DOLLARS ($833,840) for the Enterprise Document Management System and Electronic Record Search Project. 5.2 Packet Pg. 95 Attachment: Ordinance No. 014, 2018 (6398 : SR 014 Document Management System) -2- Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 96 Attachment: Ordinance No. 014, 2018 (6398 : SR 014 Document Management System) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Craig Dubin, Transfort Communications and Admin Mgr Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2018, amend Sections 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 16, 2018 (PDF) 2. Ordinance No. 016, 2018 (PDF) 6 Packet Pg. 97 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Craig Dubin, Transfort Communications and Admin Mgr Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". EXECUTIVE SUMMARY The purpose of this item is to amend Section 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Under Section 23-140 of the City Code, the City Manager is authorized to establish rules and regulations governing the conduct of the general public's use of City-owned facilities. Currently, Section 23-140 does not expressly state that Transfort buses, structures and public parking areas are subject to rules and regulations set by the City Manager. Transfort transports approximately 18,000 passengers per day at peak service. Many of the riders are youth, seniors and persons with disabilities. While the overwhelming majority of customer experiences are peaceful, there are intermittently occasions where intoxicated or otherwise unruly passengers pose risks to other passengers. When staff is made aware of any potential safety or security risk by passengers exhibiting harassing or threatening behaviors, the only recourse currently is to have the passenger removed from the bus. Adding a definition for “facilities” that includes buses, structures and public parking areas would expressly authorize the City Manager to establish rules allowing for the creation of an administrative policy that would outline prohibited conduct while on or in Transfort buses, structures and public parking areas. The change would also expressly authorize the City Manager to establish a process to suspend or ban individuals from using Transfort facilities for engaging in prohibited conduct, including an appeal process for the review of any suspension or ban. The change would also make it clear that Transfort buses, parking structures and public parking areas are “facilities” for purposes of the City’s administrative policies, which would allow Transfort to follow established processes for City facilities that are set forth in those policies. ATTACHMENT 1 6.1 Packet Pg. 98 Attachment: First Reading Agenda Item Summary, January 16, 2018 (6400 : SR 016 Facilities Definition) -1- ORDINANCE NO. 016, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE 5, SECTION 23-140 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A DEFINITION OF “FACILITIES” WHEREAS, the City has acquired and constructed various recreational, cultural, educational, transportation and other facilities, which it operates for the benefit of the citizens of Fort Collins; and WHEREAS, the City is responsible for managing its facilities in a manner that protects and preserves the facility, protects City staff and property, and enhances the use and enjoyment of those facilities by the public for their intended purposes; and WHEREAS, the City desires to manage the conduct of users of those facilities so that visitor enjoyment, safety and the facilities themselves are appropriately protected; and WHEREAS, in order to provide for the specific day-to-day operations of those facilities, and to address the particular needs of each facility, which may vary substantially from one to another, the City Manager currently follows certain procedures to adopt administrative rules and regulations governing conduct of users of City facilities; and WHEREAS, the City desires to add a definition of “facilities” to clarify that this procedure to adopt rules and regulation applies to all property owned or operated by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 23-140 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-140. - Rules and regulations. (a) For purposes of this article, the term “facility” shall include, but not be limited to, buildings, structures, vehicles, buses, and public parking areas, excluding streets, sidewalks and other City rights-of-way. (b) The City Manager is hereby authorized to establish such rules and regulations governing the conduct of the general public's use of facilities owned or operated by the City, as the City Manager may determine are necessary and appropriate to serve one (1) or more of the following purposes: (1) The protection of such facilities, or any other City property or facility; 6.2 Packet Pg. 99 Attachment: Ordinance No. 016, 2018 (6400 : SR 016 Facilities Definition) -2- (2) The protection of the safety, well-being and property of persons using such facilities; (3) The protection of the use and enjoyment of such facilities by the general public; or (4) The needs and objectives of the City in maintaining and operating such facilities, and/or the natural environment in general. (c) Such regulations may be established for selected individual facilities or groups of facilities, provided that the scope of any regulations shall be clearly stated therein, and shall become effective upon the filing of such regulations with the office of the City Clerk and the posting of a notice of the adoption of the regulations at all public entrances of the affected facilities. Such notice shall include the effective date of the regulations, and notice that the full text of the regulations is on file in the office of the City Clerk and at the affected facilities, and is available for public review. The City Manager, or his or her designee, shall have the power to exclude any and all persons who willfully or knowingly violate any such regulations from the use and benefit of any or all City facilities, subject to any enforcement procedures set forth in such regulations. No such regulations shall be deemed to apply to emergency or law enforcement operations, or to City management and maintenance activities, to the extent their application would impair the performance of the same. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 100 Attachment: Ordinance No. 016, 2018 (6400 : SR 016 Facilities Definition) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 16, 2018, aligns City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. None of the divided precincts affect Council district boundaries. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 16, 2018 (w/o attachments) (PDF) 2. Proposed District-Precinct Map (PDF) 3. Ordinance No. 017, 2018 (PDF) 7 Packet Pg. 101 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT First Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. EXECUTIVE SUMMARY The purpose of this item is to align City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On May 23, 2017, the Larimer County Board of Commissioners amended County precinct boundaries. State statute mandates the Clerk and Recorder set precinct lines to include no more than 2,000 eligible electors. Population increases in some areas in Larimer County made it necessary for precincts to be divided to comply with State statute. Nine precincts that include municipal voters were divided. None of the divided precincts affect Council district boundaries. It is important for the City precinct boundaries to match the County precinct boundaries. The County does not, and will not, track municipal precinct boundaries in the voter registration. Individual voter addresses are tied to County precinct boundaries, thereby making those boundaries they only way to acquire voter data from Larimer County and the statewide voter registration system. The splitting of precincts triggers a renumbering of City precincts. Since land has been annexed since adoption of the last District-Precinct map, those annexations will also affect the renumbering. Numbers are automatically assigned in the GIS system using a sequential numbering tool. Council District Boundaries Section 7-87(d) of the City Code, added in January 2017, requires the City Clerk to review population deviation between districts when the need to adjust precinct boundaries arises. When this provision was added, it was not expected that the County would adjust precinct boundaries within such a short period of time. Because the Council recently completed a lengthy process of evaluating, amending and approving (in June 2016) a new map to balance Council district boundaries, and no new census data upon which to base updates to the boundaries is available, completing an additional review and amendment of district boundaries does not appear to be in the best interest of the citizens of Fort Collins. ATTACHMENT 1 7.1 Packet Pg. 102 Attachment: First Reading Agenda Item Summary, January 16, 2018 (w/o attachments) (6401 : SR 017 District-Precinct Map) Agenda Item 16 Item # 16 Page 2 The proposed ordinance includes language that waives the application and operation of Section 7-87(d) of the City Code at this time. CITY FINANCIAL IMPACTS The additional precincts created by the division of existing precinct will have minimal financial impact. BOARD / COMMISSION RECOMMENDATION The Council Election Code Committee recommends adoption of the Ordinance. Minutes reflecting the Committee’s discussion are attached. (Attachment 4) PUBLIC OUTREACH Public outreach was not conducted because the City Code requires that City precincts correspond with County precinct boundaries. ATTACHMENTS 1. Current District-Precinct Map (PDF) 2. District-Precinct Map showing precincts to be split (PDF) 3. Proposed District-Precinct Map (PDF) 4. Election Code Committee minutes, October 5, 2017 (draft) (PDF) 7.1 Packet Pg. 103 Attachment: First Reading Agenda Item Summary, January 16, 2018 (w/o attachments) (6401 : SR 017 District-Precinct Map) L a r i m e r a n d W e l d C a n a l C a c h e l a P ou d r e R e s e r v o i r Inlet D i x o n C an y o n L a t e r al M a i l -1- ORDINANCE NO. 017, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP TO REFLECT CHANGES IN COUNTY PRECINCT BOUNDARIES AND WAIVING THE REDISTRICTING REQUIREMENT OF SECTION 7-87(d) OF THE CITY CODE WHEREAS, by Ordinance No. 055, 2016, Council adopted an amended District-Precinct Map (the “Map”) currently in use as provided in Section 7-68 of the City Code; and WHEREAS, the Map includes election precinct boundaries established pursuant to Section 7-66 of the City Code, which provides that, insofar as practicable, City precinct boundaries must correspond with the boundaries of the election precincts established by Larimer County (the “County”); and WHEREAS, in May 2017, the County adjusted its precinct boundaries, thereby causing inconsistencies between County precinct and City precinct boundaries; and WHEREAS, in accordance with Code Section 7-66, the Council has determined that it is in the best interest of the citizens of Fort Collins to amend the previously adopted Map to correspond City precinct boundaries with the County precinct boundaries, as shown on the Amended District-Precinct Map, dated February 6, 2018 (the “Amended Map”), which is on file in the office of the City Clerk and which is incorporated herein by this reference; and WHEREAS, because the Council only recently completed a lengthy process of evaluating, amending and approving the Map to balance Council District boundaries, and no new census data upon which to base updates to the Council District boundaries is available, completing an additional review and amendment of District boundaries otherwise required at this time under Section 7-87(d) would not be in the best interest of the citizens of Fort Collins; and WHEREAS, staff has recommended that the Council waive the otherwise applicable requirement in Code Section 7-87(d) that the Council review and update Council District boundaries as otherwise triggered by the precinct boundary changes; and WHEREAS, the Council desires to avoid excessive changes to the Council District boundaries in light of the foregoing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City of Fort Collins District-Precinct Map, adopted by Ordinance No. 055, 2016, and effective June 17, 2016, is hereby amended by adjusting election precinct boundaries to correspond with County precinct boundaries as shown on the Amended Map, and by renumbering precincts as may be necessary to incorporate property annexed into the City. 7.3 Packet Pg. 105 Attachment: Ordinance No. 017, 2018 (6401 : SR 017 District-Precinct Map) -2- Section 3. That the Council hereby waives the application and operation of Section 7- 87(d) of the City Code in connection with this adjustment of precinct boundaries. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.3 Packet Pg. 106 Attachment: Ordinance No. 017, 2018 (6401 : SR 017 District-Precinct Map) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Jennifer Shanahan, Watershed Planner Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. EXECUTIVE SUMMARY The purpose of this item is to appropriate a $50,000 donation from Noosa Yoghurt, LLC. into the Natural Areas Department’s 2018 budget to fund a river health related project. In October 2017, Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas department with a specific request that it be applied toward development of fish passage on the Watson Lake diversion structure. This structure is owned by Colorado Parks and Wildlife (CPW) and located on the Cache la Poudre River at the Watson Lake Fish Hatchery in Bellvue. Natural Areas staff is familiar with the design process, has managed the design process for two similar projects and has agreed to manage this design process and collaborate with CPW to facilitate this project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Noosa Dairy donated $50,000 to the Natural Areas Department (NAD) to be applied towards improving environmental health of the Poudre River. Specifically, Noosa would like these funds used to better aquatic habitat connectivity in the river reach near the Noosa dairy, which sits adjacent to the river just below the canyon mouth and extends downstream to the vicinity of the Watson Lake Fish Hatchery in Bellvue (owned by CPW). To operate the fish hatchery, CPW has a water right and a low head diversion dam on the Poudre River to divert water into the hatchery. This structure is impassable most months of the year for fish needing to swim upstream to complete their life cycle. These funds will enable a team of collaborators and engineers to complete a design for a fish passageway (a.k.a. fish ladder) on this structure. As part of the collaborative team, Natural Areas has agreed to manage the design process, given recent experience and relationships with key organizations and experts that were developed working on two recent fish passage projects downstream on the Poudre. The two projects are the installation of a fish ladder on the Fossil Creek Reservoir Inlet Ditch diversion dam and the recent design of a fish ladder for the Timnath Reservoir Inlet Ditch diversion dam. Once the design process for a fish passage on the Watson Lake diversion dam is complete (anticipated spring 2018) CPW will assume project management for securing funds to construct the fish passage. Collectively this work is directly linked to Natural Areas efforts to sustain and improve the health of the Poudre River. The City’s 2017 State of the Poudre report provided insight into the issues of greatest concern for river 8 Packet Pg. 107 Agenda Item 8 Item # 8 Page 2 health. A “D-F” grade for aquatic habitat connectivity highlighted the importance of this work and potential to improve overall river health through installation of fish ladders. CITY FINANCIAL IMPACTS This action has a net positive impact on the City’s financial resources and ability to accomplish fish passage projects on the Poudre River. BOARD / COMMISSION RECOMMENDATION At its October 12, 2017 meeting, the Land Conservation and Stewardship Board unanimously passed a motion recommending City Council appropriate this donation of $50,000 into the Natural Areas budget for use towards a design of a fish passageway on the Watson Lake diversion structure. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, October 12, 2017 (PDF) 8 Packet Pg. 108 Land Conservation and Stewardship Board October 12, 2017 ATTACHMENT 1 8.1 Packet Pg. 109 Attachment: Land Conservation and Stewardship Board minutes, October 12, 2017 (6403 : Noosa Yoghurt Appropriation) -1- ORDINANCE NO. 019, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND FROM A 2017 UNANTICIPATED DONATION FOR FISH LADDER DESIGN WHEREAS, Noosa Yoghurt, LLC, is donating $50,000 to the Natural Areas Department to be applied towards improving environmental health of the Poudre River; and WHEREAS, these funds will be used to catalyze better aquatic habitat connectivity in the river reach near the Noosa dairy, which sits adjacent to the river just below the canyon mouth and extends downstream to the vicinity of the Watson Lake Fish Hatchery (“Watson Lake”) in Bellvue; and WHEREAS, these funds will allow Natural Areas to work with a team of collaborators and engineers to manage the design process of a fish passageway, which is also known as a “fish ladder” on the low head diversion dam on the Poudre River in the vicinity of Watson Lake to allow fish to swim upstream to complete their life cycles; and WHEREAS, once the design process for the fish passage is complete, the Colorado Parks and Wildlife will assume project management for securing funds and installation of the selected design; 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, the Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the Natural Areas Fund; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of enhancing natural resources by preserving wildlife and habitats in the Poudre River. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from reserves in the Natural Areas Fund the sum of FIFTY THOUSAND DOLLARS ($50,000) for expenditure in the Natural Areas Fund for the fish ladder design. Packet Pg. 110 -2- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 111 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Judge Kathleen M. Lane, Municipal Judge Carrie Daggett, City Attorney Darin Atteberry, City Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 020, 2018, Appropriating Prior Year Reserves in the General Fund for Security Screening for Fort Collins Municipal Court. EXECUTIVE SUMMARY The purpose of this item is to appropriate $201,578 of prior year reserves in the General Fund for the cost of adding security screening for those attending hearings in Fort Collins Municipal Court. The Court is located on the first floor of the City’s Administrative Building at 215 North Mason Street. Access for those hearings would be limited to the north door of the building, the access point currently used for the Community Room. Those proceeding past the Community Room and entering the Court’s space would go through a magnetometer (metal detector) and have their belongings checked by contract security personnel prior to gaining access to the Court’s space. City employees working in the building and the public accessing other offices in the building, including the Court Clerks’ Office for non-hearing related business, would still have unscreened access through the east and west entrances. Employees would also continue to have fob access to the building through the southwest entrance. The changes included in this request are necessary due to increasing safety and security concerns for employees working in and citizens utilizing City services in that building. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Municipal Court Security Officer (MCSO) position was created in 2014 to provide security and maintain decorum in the courtroom, Court Clerks' Office, main lobby, first floor hallways, prosecutors' offices, and the defendants' waiting areas during court sessions. Changes to the types of cases filed into Municipal Court and changes to state laws require both the Chief Judge and the MCSO (Officer Garcia) to stay in the courtroom longer during arraignment sessions which leaves the other areas of the court, including the prosecutors' offices and defendants' waiting areas, without security. Even with the additional part-time contract security personnel which was approved for the Court for 2018, this security concern will continue until security screening can be added for the public prior to entering the space. A security survey was conducted by the Court in August 2017. Of 11 similarly-sized Municipal Courts in Colorado surveyed, including Loveland and Greeley, all indicate that their Court uses security screening equipment (x-ray, magnetometer, or both) to screen the public before access to court areas is allowed. The need for this screening is clear based on Officer Garcia’s tracking of weapons visually detected by staff since July 2017. The number of weapons found is increasing (Attachment 1). 9 Packet Pg. 112 Agenda Item 9 Item # 9 Page 2 The current design of 215 North Mason does not allow the Court to use security screening due to multiple entrances into the building. Meetings relating to security concerns have been held over several months between the Court, Safety, Security & Risk Management (SSRM), Operation Services, the City Attorney’s Office and the City Manager’s Office. The team has concluded that it is preferable at this time to cordon off the space used for Court-related purposes and screen everyone appearing for Court and Liquor Licensing hearings. This need became clear after the last budget process and the team does not feel it is safe to wait until the 2019-2020 budget process to act. This proposal represents our considered opinion of the best way to provide safety for the public and employees in the building without significant capital expense. If funded, the changes would include: 1. Physical alterations to prevent public access to the North hallway from the lobby, requiring the public to access the Court’s space for hearings through the north door of the building. An additional Clerk’s window will be added in the North hallway for assisting defendants. In addition, the cube space inside the Court Clerks’ Office will be reoriented to be more efficient and safer. 2. Unscreened access to the Community Room (and adjoining bathrooms) would still be allowed through the north entrance as it is now. Use of the Community Room would be limited to times when Court hearings are not being held. Fob access past that area would only be allowed for Court personnel, Prosecutors, and the City Clerk’s Office personnel for Liquor Licensing Authority hearings. All other employees working in the building would use the West, East, or South West doors. 3. Inside the north pair of doors just past the Community Room and bathrooms, a screening area would be created, including a magnetometer and wands operated by contract security personnel. Purses and other belongings brought into the Court area through the north entrance would be searched unless placed in lockers (provided for short-term use while conducting Court business). After concluding their Court business, the public would typically exit the building through the new door to the lobby. 4. Video monitoring of the morth entrance, screening area, and pre-trial conference spaces would be added. 5. Necessary signage, fob access, electrical and IT work is also included. CITY FINANCIAL IMPACTS The total requested is $201,578. The estimated cost breakdown is provided in Attachment 2. Most of the expense is for one-time facility changes. The largest and continuing expense is for the security personnel who will handle the equipment and screening process. The cost of those services for 2018 has been included in this request. If this ordinance is adopted, the expense for future years will be included in Municipal Court’s budget requests. PUBLIC OUTREACH As indicated above, a team comprised of Municipal Court, SSRM, Operation Services, the City Attorney’s Office, and the City Manager’s Office has been meeting for months regarding how best to address current safety and security concerns for the employees and the public accessing the Court and the building it is located in. If this ordinance is adopted, the team will work with CPIO to inform the public of the upcoming changes through several different platforms, including the Coloradoan and the City’s and Court’s websites. ATTACHMENTS 1. Weapons Detected at Municipal Court, 2017 (PDF) 2. Memo from Brian Hergott, Facility Project Manager, with cost estimates (PDF) 3. Diagram of Center of 1st Floor of 215 North Mason (PDF) 9 Packet Pg. 113 Weapons Detected at Municipal Court 2017 2017 # of Knives detected by staff or voluntarily turned into staff # of other weapons detected by staff or voluntarily turned into staff Total weapons detected # of Court requests for FCPS responses # of MCSO provided cover for FCPS # of MCSO responses to 215 areas January* February* 2 March* 112 April* 4 May* 1‐brass knuckles 1 2 2 June* 31‐saw, 1 lug nut wrench 5 1 2 July 81‐knife pendant, 1 box cutter, 1 machete 11 4 1 (arrest in courtroom) August 13 1‐baseball bat, 1 watch/knife 15 4 (inc. 1 DV) 1 5 September 61‐Knitting needles 7 2 (inc. 1 DV) 1 1 October 11 1 car chain, 1 skateboard 13 2 7 November 51 chain, 1 skateboard 7 December 12 pepper spray canisters 3 1 1 Total 48 15 63 Updated: 01/24/2018GG * NOTE: prior to July of 2017-the number of weapons detected by Municipal Court Security Officer (MCSO)/staff or voluntarily turned in for lock-up was not tracked unless it was listed on a report created after an incident with a potentially volatile or disruptive customer. After the noticeable increase of weapons spotted by MCSO, Municipal Court started tracking in July of 2017 all security related incidents including weapons, requests for FCPS response, and number of requests for assistance of MCSO by other departments/areas in and surrounding 215 N. Mason. ATTACHMENT 1 9.1 Packet Pg. 114 Attachment: Weapons Detected at Municipal Court, 2017 (6453 : Municipal Court Security Appropriation) ATTACHMENT 2 9.2 Packet Pg. 115 Attachment: Memo from Brian Hergott, Facility Project Manager, with cost estimates (6453 : Municipal Court Security Appropriation) ATTACHMENT 3 9.3 Packet Pg. 116 Attachment: Diagram of Center of 1st Floor of 215 North Mason (6453 : Municipal Court Security -1- ORDINANCE NO. 020, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR SECURITY SCREENING FOR FORT COLLINS MUNICIPAL COURT WHEREAS, the Fort Collins Municipal Court has identified a need for security screening of people attending hearings at the Court’s facilities in the 215 North Mason Street office building; and WHEREAS, of eleven similarly-sized courts surveyed in Colorado, all used some sort of security screening equipment to screen the public before they are allowed access to the court; and WHEREAS, it is impractical to install security screening at all entrances to 215 North Mason, which would be required under state law to prohibit the public from bringing firearms into the building as it is currently configured; and WHEREAS, City staff has reviewed many possible options and concluded that the best solution is to physically separate the entire courtroom area from the rest of the building and limit public access to one entry door equipped with a magnetometer; and WHEREAS, the total cost for the proposed physical changes to the building, the screening equipment, and screening personnel for 2018, is $201,578; 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, the Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the General Fund; and WHEREAS, this appropriation will serve a public purpose by providing funds to help protect the health, safety and welfare of members of the public attending Municipal Court and the City employees who work there. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from reserves in the General Fund the sum of TWO HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY-EIGHT Packet Pg. 117 -2- DOLLARS ($201,578) for expenditure in the General Fund for the security screening addition for Fort Collins Municipal Court. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 118 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 021, 2018, Adopting the 2018 Classified Employees Pay Plan. EXECUTIVE SUMMARY The purpose of this item is to recommend the 2018 City Classified Employee Pay Plan. The Pay Plan has been redesigned to align with the City’s new job architecture system. The seven occupational groups have been replaced by job functions. Classified jobs are grouped according to job functions, a business practice commonly used by both the public and private sectors. Pay ranges are developed by career group (management, professional, administrative, operations and trades) and level for each job function. The result of this work is a City Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the levels, within each career group and function. The 2018 City Classified Employee Pay Plan also includes the results of the market analysis conducted as defined in the Collective Bargaining Agreement between the City of Fort Collins and the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). Actual employee pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City completed a Compensation and Career Progression Study and identified a need to make significant adjustments to the City’s compensation system, job description and analysis structure, and performance management processes to be market-competitive. With Council approval of Offer 6.10 in the 2016 Budget Revisions and Offer 42.6 in the 2017-2018 Budget, the City launched a multi-year project to improve foundational classification and compensation systems to ensure the City is well positioned to attract, retain, engage, develop and reward a diverse and competitive workforce to meet the needs of the community now and in the future. The following changes have been made and informed the 2018 City Classified Employee Pay Plan: • Consolidated, standardized and updated job descriptions, leading to a decrease in the number of unique job descriptions from 450 to 370. • Market data sources incorporate an expanded, more robust data set, leading to an increase in the percent of jobs benchmarked from 35% to 87%. Pay ranges are reviewed annually as part of a comprehensive market pricing analysis. Pay ranges are grouped and driven by job functions, that are based upon findings of a recruiting analysis conducted to determine where positions are typically sourced. Pay range midpoints are determined by looking at aggregate 10 Packet Pg. 119 Agenda Item 10 Item # 10 Page 2 market data for positions or groups of positions and rolled up to an average median of the market for functional groupings, with high and low outliers removed. Non-benchmark jobs are evaluated and placed in the Pay Plan using a job evaluation system that is calibrated against benchmark jobs. Individual placement in a pay range is based on an employee’s knowledge, skills, abilities, performance, and experience paired with internal equity considerations and budget availability to ensure horizontal alignment across the City. Actual employee salary increases are determined administratively within the Council adopted employee pay increase budget. Market Data Sources • Employers Council - Colorado Benchmark Compensation Survey • Employers Council - Public Employers Compensation Survey • Willis Towers Watson CSR General Industry Compensation Survey Reports Collective Bargaining Unit Council approved an agreement by Resolution on December 27, 2017 between the City of Fort Collins and the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP) establishing the 2018 Collective Bargaining Agreement. The bargaining agreement specifies a salary data collection method and evaluation process that includes collecting actual salary data for police positions from 14 identified benchmark municipalities. The analysis resulted in the following recommended Pay Plan structure adjustments: • Community Service Officer, 2.50% • Community Service Officer Supervisor, 2.50% • Emergency Services Communications Manager, 3.75% • Emergency Services Dispatch Supervisor, 2.50% • Emergency Services Dispatcher, 4.34% • Police Corporal, 2.50% • Police Lieutenant, 5.47% • Police Officer, 2.50% • Police Sergeant, 3.84% CITY FINANCIAL IMPACTS Collective Bargaining Unit 2018 salary adjustments will be absorbed within the 2018 operating budget for Police Services approved by City Council. 10 Packet Pg. 120 -1- ORDINANCE NO. 021, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2018 CLASSIFIED EMPLOYEES PAY PLAN WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified employees of the City shall be established by ordinance of the City Council; and WHEREAS, the City is committed to compensating employees in a manner that is fair, competitive and understandable; and WHEREAS, the annual market analysis conducted by the Human Resources Department includes public and private employer survey information for northern Colorado and the front range, providing clear benchmark information for approximately 143 benchmark positions; and WHEREAS, the pay plan recommended by the City Manager is consistent with City Council objectives, including the philosophy of establishing pay ranges by using the average actual salaries for benchmark positions to set the mid-point of pay ranges for those positions; and WHEREAS, the City Council believes that the adoption of the recommended pay plan is in the best interests of the City and further believes that the allocation of individual salaries within the pay plan should be related to employee performance. 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 adopts the 2018 City of Fort Collins Classified Employees Pay Plan (the “Plan”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference. Section 3. That the effective date of the Plan is the effective date of this Ordinance. Section 4. That the City Manager shall fix the compensation levels of all classified employees within the pay levels established in the Plan except to the extent that the City Manager determines, due to performance or other extraordinary circumstances, that the pay level of a particular employee should remain below the minimum or be fixed above the maximum for that employee’s job title. Section 5. That the City Manager shall fix the salary for newly-created positions or positions that are modified due to changes in job duties within the approved pay structure based on results of an objective job analysis. Packet Pg. 121 -2- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 122 ϭ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž Dϯ Ψϴϱ͕ϲϱϬ Ψϭϭϰ͕ϮϬϬ ΨϭϰϮ͕ϳϱϬ DϮ Ψϳϴ͕ϮϮϱ ΨϭϬϰ͕ϯϬϬ ΨϭϯϬ͕ϯϳϱ Dϭ ΨϳϬ͕ϴϬϬ Ψϵϰ͕ϰϬϬ Ψϭϭϴ͕ϬϬϬ ^Ϯ Ψϱϴ͕ϭϮϱ Ψϳϳ͕ϱϬϬ Ψϵϲ͕ϴϳϱ Wϰ ^ϭ Ψϱϭ͕ϭϱϬ Ψϲϴ͕ϮϬϬ Ψϴϱ͕ϮϱϬ Wϯ Ψϱϱ͕ϵϱϬ Ψϳϰ͕ϲϬϬ Ψϵϯ͕ϮϱϬ Kdϲ Ψϱϲ͕ϬϴϬ ΨϳϬ͕ϭϬϬ Ψϴϰ͕ϭϮϬ WϮ Ψϰϵ͕Ϯϯϲ Ψϲϱ͕ϲϰϴ ΨϴϮ͕ϬϲϬ ϲ Kdϱ ΨϱϬ͕ϰϳϮ Ψϲϯ͕ϬϵϬ Ψϳϱ͕ϳϬϴ Wϭ Ψϰϯ͕ϯϮϴ Ψϱϳ͕ϳϳϬ ΨϳϮ͕Ϯϭϯ ϱ Ψϰϰ͕ϳϵϮ Ψϱϱ͕ϵϵϬ Ψϲϳ͕ϭϴϴ Kdϰ Ψϰϱ͕ϰϮϱ Ψϱϲ͕ϳϴϭ Ψϲϴ͕ϭϯϳ ϰ ΨϰϬ͕ϳϮϬ ΨϱϬ͕ϵϬϬ Ψϲϭ͕ϬϴϬ Kdϯ ΨϰϬ͕ϴϴϮ Ψϱϭ͕ϭϬϯ Ψϲϭ͕ϯϮϯ ϯ Ψϯϲ͕ϲϰϴ Ψϰϱ͕ϴϭϬ Ψϱϰ͕ϵϳϮ KdϮ Ϯ ΨϯϮ͕ϵϴϯ Ψϰϭ͕ϮϮϵ Ψϰϵ͕ϰϳϱ Kdϭ ϭ /dzK&&KZdK>>/E^ ϮϬϭϴWzW>E WĂLJZĂŶŐĞƐ Eͬ :Žď&ƵŶĐƚŝŽŶ͗^ƵƐƚĂŝŶĂďŝůŝƚLJ͕WůĂŶŶŝŶŐ͕ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ͕ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Eͬ Eͬ Eͬ Eͬ WĂŐĞϭŽĨϭϵ EXHIBIT A 1 Packet Pg. 123 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) Ϯ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž Dϯ ΨϭϬϮ͕ϲϳϱ Ψϭϯϲ͕ϵϬϬ Ψϭϳϭ͕ϭϮϱ DϮ Ψϴϳ͕Ϯϳϰ Ψϭϭϲ͕ϯϲϱ Ψϭϰϱ͕ϰϱϲ Dϭ Ψϳϰ͕ϭϴϯ Ψϵϴ͕ϵϭϬ ΨϭϮϯ͕ϲϯϴ Wϰ ^Ϯ Ψϱϵ͕ϭϳϱ Ψϳϴ͕ϵϬϬ Ψϵϴ͕ϲϮϱ Wϯ ^ϭ ΨϱϮ͕Ϭϳϰ Ψϲϵ͕ϰϯϮ Ψϴϲ͕ϳϵϬ WϮ Ψϰϵ͕ϲϱϬ Ψϲϲ͕ϮϬϬ ΨϴϮ͕ϳϱϬ Kdϲ Ψϱϲ͕ϲϵϬ ΨϳϬ͕ϴϲϮ Ψϴϱ͕Ϭϯϱ Wϭ Ψϰϯ͕ϲϵϮ Ψϱϴ͕Ϯϱϲ ΨϳϮ͕ϴϮϬ Kdϱ Ψϱϭ͕ϱϯϲ Ψϲϰ͕ϰϮϬ Ψϳϳ͕ϯϬϰ ϲ Kdϰ Ψϰϲ͕ϴϱϭ Ψϱϴ͕ϱϲϰ ΨϳϬ͕Ϯϳϳ ϱ ΨϰϬ͕ϭϲϬ ΨϱϬ͕ϮϬϬ ΨϲϬ͕ϮϰϬ Kdϯ ΨϰϮ͕ϱϵϮ Ψϱϯ͕ϮϰϬ Ψϲϯ͕ϴϴϴ ϰ KdϮ Ψϯϴ͕ϳϮϬ Ψϰϴ͕ϰϬϬ Ψϱϴ͕ϬϴϬ ϯ Kdϭ Ψϯϱ͕ϮϬϬ Ψϰϰ͕ϬϬϬ ΨϱϮ͕ϴϬϬ Ϯ ϭ Eͬ Eͬ Eͬ :Žď&ƵŶĐƚŝŽŶ͗KƉĞƌĂƚŝŽŶƐ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Eͬ Eͬ Eͬ Eͬ WĂŐĞϮŽĨϭϵ 1 Packet Pg. 124 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) ϯ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž Dϯ ΨϭϬϲ͕ϳϲϱ ΨϭϰϮ͕ϯϱϰ Ψϭϳϳ͕ϵϰϮ DϮ ΨϵϮ͕ϴϰϬ ΨϭϮϯ͕ϳϴϲ Ψϭϱϰ͕ϳϯϯ Wϰ Ψϴϰ͕ϮϮϱ ΨϭϭϮ͕ϯϬϬ ΨϭϰϬ͕ϯϳϱ Dϭ ΨϴϬ͕ϳϯϬ ΨϭϬϳ͕ϲϰϬ Ψϭϯϰ͕ϱϱϬ Wϯ Ψϳϰ͕ϭϭϴ Ψϵϴ͕ϴϮϰ ΨϭϮϯ͕ϱϯϬ ^Ϯ ΨϳϬ͕ϮϬϬ Ψϵϯ͕ϲϬϬ Ψϭϭϳ͕ϬϬϬ WϮ Ψϲϱ͕ϮϮϰ Ψϴϲ͕ϵϲϱ ΨϭϬϴ͕ϳϬϲ ^ϭ Ψϲϭ͕ϳϳϲ ΨϴϮ͕ϯϲϴ ΨϭϬϮ͕ϵϲϬ Wϭ Ψϱϳ͕ϯϵϳ Ψϳϲ͕ϱϮϵ Ψϵϱ͕ϲϲϮ ϲ Ψϱϰ͕Ϭϭϰ Ψϲϳ͕ϱϭϴ Ψϴϭ͕ϬϮϮ Kdϲ ϱ Ψϰϵ͕ϭϬϰ Ψϲϭ͕ϯϴϬ Ψϳϯ͕ϲϱϲ Kdϱ ϰ Ψϰϰ͕ϲϰϬ Ψϱϱ͕ϴϬϬ Ψϲϲ͕ϵϲϬ Kdϰ Ψϰϳ͕ϵϮϬ Ψϱϵ͕ϵϬϬ Ψϳϭ͕ϴϴϬ ϯ Kdϯ Ψϰϯ͕ϭϮϴ Ψϱϯ͕ϵϭϬ Ψϲϰ͕ϲϵϮ Ϯ KdϮ Ψϯϴ͕ϴϭϱ Ψϰϴ͕ϱϭϵ Ψϱϴ͕ϮϮϯ ϭ Eͬ Kdϭ Ψϯϰ͕ϵϯϰ Ψϰϯ͕ϲϲϳ ΨϱϮ͕ϰϬϭ :Žď&ƵŶĐƚŝŽŶ͗^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ͕dĞĐŚŶŽůŽŐLJ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Eͬ Eͬ Eͬ Eͬ WĂŐĞϯŽĨϭϵ 1 Packet Pg. 125 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) ϰ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž Dϯ Ψϵϳ͕ϬϬϱ ΨϭϮϵ͕ϯϰϭ Ψϭϲϭ͕ϲϳϲ DϮ Ψϴϰ͕ϯϱϯ ΨϭϭϮ͕ϰϳϬ ΨϭϰϬ͕ϱϴϴ Dϭ Ψϳϯ͕ϯϱϬ Ψϵϳ͕ϴϬϬ ΨϭϮϮ͕ϮϱϬ Wϰ Ψϲϴ͕ϱϰϰ Ψϵϭ͕ϯϵϮ Ψϭϭϰ͕ϮϰϬ Wϯ Ψϲϭ͕ϮϬϬ Ψϴϭ͕ϲϬϬ ΨϭϬϮ͕ϬϬϬ ^Ϯ ΨϱϬ͕ϳϬϬ Ψϲϳ͕ϲϬϬ Ψϴϰ͕ϱϬϬ WϮ Ψϱϯ͕ϴϱϲ Ψϳϭ͕ϴϬϴ Ψϴϵ͕ϳϲϬ ^ϭ Ψϰϰ͕ϲϭϲ Ψϱϵ͕ϰϴϴ Ψϳϰ͕ϯϲϬ Wϭ Ψϰϳ͕ϯϵϯ Ψϲϯ͕ϭϵϭ Ψϳϴ͕ϵϴϵ ϲ Ψϰϴ͕ϱϵϰ ΨϲϬ͕ϳϰϮ ΨϳϮ͕ϴϵϬ Kdϲ ϱ Ψϰϰ͕ϭϳϲ Ψϱϱ͕ϮϮϬ Ψϲϲ͕Ϯϲϰ Kdϱ ϰ ΨϰϬ͕ϭϲϬ ΨϱϬ͕ϮϬϬ ΨϲϬ͕ϮϰϬ Kdϰ Ψϰϭ͕ϴϰϬ ΨϱϮ͕ϯϬϬ ΨϲϮ͕ϳϲϬ ϯ Ψϯϲ͕ϭϰϰ Ψϰϱ͕ϭϴϬ Ψϱϰ͕Ϯϭϲ Kdϯ Ψϯϳ͕ϲϱϲ Ψϰϳ͕ϬϳϬ Ψϱϲ͕ϰϴϰ Ϯ ΨϯϮ͕ϱϯϬ ΨϰϬ͕ϲϲϮ Ψϰϴ͕ϳϵϰ KdϮ ϭ Kdϭ Eͬ Eͬ Eͬ :Žď&ƵŶĐƚŝŽŶ͗,ƵŵĂŶZĞƐŽƵƌĐĞƐ͕&ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ͕ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ͕ĚŵŝŶŝƐƚƌĂƚŝŽŶ͕DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ͕>ĞŐĂů;ŶŽŶͲĂƚƚŽƌŶĞLJͿ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Eͬ Eͬ WĂŐĞϰŽĨϭϵ 1 Packet Pg. 126 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) ϱ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž Dϯ ΨϵϮ͕Ϯϯϭ ΨϭϮϮ͕ϵϳϰ Ψϭϱϯ͕ϳϭϴ DϮ Ψϳϴ͕ϯϵϲ ΨϭϬϰ͕ϱϮϴ ΨϭϯϬ͕ϲϲϬ Dϭ Ψϲϲ͕ϲϯϳ Ψϴϴ͕ϴϰϵ Ψϭϭϭ͕Ϭϲϭ Wϰ Ψϲϰ͕ϴϲϬ Ψϴϲ͕ϰϴϬ ΨϭϬϴ͕ϭϬϬ Wϯ Ψϱϲ͕ϰϬϬ Ψϳϱ͕ϮϬϬ Ψϵϰ͕ϬϬϬ ^Ϯ Ψϰϲ͕ϮϬϬ Ψϲϭ͕ϲϬϬ Ψϳϳ͕ϬϬϬ WϮ ^ϭ ΨϰϬ͕ϲϱϲ Ψϱϰ͕ϮϬϴ Ψϲϳ͕ϳϲϬ Wϭ ϲ Ψϱϳ͕ϭϮϬ Ψϳϭ͕ϰϬϬ Ψϴϱ͕ϲϴϬ Kdϲ ϱ Ψϱϭ͕ϵϮϳ Ψϲϰ͕ϵϬϵ Ψϳϳ͕ϴϵϭ Kdϱ ϰ Ψϰϳ͕ϮϬϲ Ψϱϵ͕ϬϬϴ ΨϳϬ͕ϴϭϬ Kdϰ ΨϰϮ͕ϰϴϳ Ψϱϯ͕ϭϬϵ Ψϲϯ͕ϳϯϬ ϯ ΨϰϮ͕ϵϭϱ Ψϱϯ͕ϲϰϰ Ψϲϰ͕ϯϳϮ Kdϯ Ψϯϴ͕Ϯϯϴ Ψϰϳ͕ϳϵϴ Ψϱϳ͕ϯϱϳ Ϯ Ψϯϴ͕ϲϮϯ Ψϰϴ͕Ϯϳϵ Ψϱϳ͕ϵϯϱ KdϮ Ψϯϰ͕ϰϭϰ Ψϰϯ͕Ϭϭϴ Ψϱϭ͕ϲϮϮ ϭ Eͬ Kdϭ Eͬ Eͬ Eͬ Eͬ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Eͬ :Žď&ƵŶĐƚŝŽŶ͗WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ;ŶŽŶͲhͿ WĂŐĞϱŽĨϭϵ 1 Packet Pg. 127 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) ϱĂ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DϮ Ψϭϭϭ͕ϱϲϬ Ψϭϭϵ͕ϰϭϬ ΨϭϮϳ͕ϮϲϬ ^Ϯ Ψϳϭ͕ϯϬϬ Ψϳϳ͕ϲϭϬ Ψϴϯ͕ϵϮϭ Kdϰ Ψϰϴ͕ϯϴϴ Ψϱϳ͕ϭϮϲ Ψϲϱ͕ϴϲϱ ϱď DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž ^Ϯ Ψϳϰ͕ϲϵϬ Ψϳϱ͕ϳϯϲ Ψϳϲ͕ϳϴϰ Kdϰ Ψϱϭ͕Ϯϴϳ ΨϲϬ͕ϱϰϱ Ψϲϵ͕ϴϬϰ ϱĐ DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DŝŶ DŝĚ DĂdž DϮ ΨϭϮϬ͕ϳϬϳ ΨϭϮϱ͕ϴϲϯ Ψϭϯϭ͕Ϭϭϴ ^Ϯ Ψϵϱ͕ϭϲϴ ΨϭϬϭ͕ϳϬϮ ΨϭϬϴ͕Ϯϯϳ ^ϭ Ψϵϭ͕ϯϬϲ ΨϵϮ͕ϱϴϱ Ψϵϯ͕ϴϲϱ Kdϲ ΨϲϮ͕ϲϵϴ Ψϳϰ͕Ϭϭϱ Ψϴϱ͕ϯϯϮ :Žď&ƵŶĐƚŝŽŶ͗ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ;hͿͲ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ 'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ :Žď&ƵŶĐƚŝŽŶ͗ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ;hͿͲŽŵŵƵŶŝƚLJ^ĞƌǀŝĐĞƐKƉĞƌĂƚŝŽŶƐ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ &ƵŶĐƚŝŽŶ'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ :Žď&ƵŶĐƚŝŽŶ͗ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ;hͿͲŽŵŵƵŶŝĐĂƚŝŽŶƐ ZĂŶŐĞƐďLJ>ĞǀĞůĂŶĚ&ƵŶĐƚŝŽŶ 'ƌŽƵƉŝŶŐ DĂŶĂŐĞƌŝĂů WƌŽĨĞƐƐŝŽŶĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ WĂŐĞϲŽĨϭϵ 1 Packet Pg. 128 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :ŽďdŝƚůĞ ^ƚĞƉ>ĞǀĞůϭ ^ƚĞƉ>ĞǀĞůϮ ^ƚĞƉ>ĞǀĞůϯ ^ƚĞƉ>ĞǀĞůϰ ^ƚĞƉ>ĞǀĞůϱ ^ƚĞƉ>ĞǀĞůϲ ^ƚĞƉ>ĞǀĞůϳ ^ƚĞƉ>ĞǀĞůϴ ^ƚĞƉ>ĞǀĞůϵ ^ƚĞƉ>ĞǀĞůϭϬ ƌĞǁŚŝĞĨ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ Ψϲϯ͕ϯϵϰ Ψϲϳ͕ϵϰϯ ΨϳϬ͕ϵϴϴ Ψϳϰ͕ϭϴϵ Ψϳϳ͕ϱϭϱ ΨϴϬ͕ϵϵϲ Ψϴϰ͕ϲϯϮ Ψϴϴ͕ϰϰϴ ƌĞǁŚŝĞĨ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ Ψϳϭ͕ϭϱϮ Ψϳϲ͕ϯϭϰ Ψϳϵ͕ϳϲϬ Ψϴϯ͕ϯϯϴ Ψϴϳ͕ϬϴϬ Ψϵϭ͕Ϭϭϴ Ψϵϱ͕ϭϮϭ Ψϵϵ͕Ϯϳϯ >ĞĂĚEĂƚƵƌĂůƌĞĂƐZĂŶŐĞƌ Ψϲϲ͕ϴϱϴ Ψϲϵ͕ϴϬϵ >ĞĂĚWůĂŶƚKƉĞƌĂƚŽƌ ΨϱϬ͕Ϭϯϱ Ψϱϰ͕ϰϬϴ Ψϱϳ͕ϲϲϬ Ψϲϭ͕ϭϮϴ Ψϲϰ͕ϴϭϬ Ψϲϵ͕ϴϬϵ Ψϳϯ͕Ϯϵϵ Ψϳϲ͕ϳϵϬ >ĞĂĚdĞĐŚŶŝĐŝĂŶ͕ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ Ψϱϴ͕ϳϳϴ Ψϲϱ͕ϭϱϴ Ψϲϳ͕ϲϵϰ ΨϳϬ͕ϰϮϵ Ψϳϯ͕ϮϮϵ Ψϳϲ͕ϭϲϭ Ψϳϵ͕ϮϮϰ ΨϴϮ͕ϬϬϱ >ŝŶĞǁŽƌŬĞƌ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ Ψϲϯ͕ϯϵϰ Ψϲϲ͕ϵϳϱ Ψϲϴ͕ϵϲϵ Ψϳϭ͕ϬϮϴ Ψϳϯ͕ϭϴϯ Ψϳϱ͕ϯϳϬ Ψϳϳ͕ϲϮϯ ΨϴϬ͕ϰϮϭ Ψϴϯ͕ϯϵϲ Ψϴϴ͕ϰϰϴ EĂƚƵƌĂůƌĞĂƐZĂŶŐĞƌ Ψϰϱ͕ϰϴϱ ΨϱϬ͕ϵϲϳ Ψϱϱ͕ϲϵϱ Ψϲϯ͕ϰϲϮ KƉĞƌĂƚŽƌ/͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ ΨϱϮ͕ϴϳϭ Ψϱϴ͕ϭϱϮ ΨϲϮ͕ϭϬϰ Ψϲϲ͕ϬϮϱ Ψϲϵ͕ϵϭϱ Ψϳϯ͕ϳϲϳ KƉĞƌĂƚŽƌ/͕tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ Ψϰϭ͕ϱϰϬ Ψϰϱ͕ϭϲϮ Ψϰϳ͕ϴϳϱ ΨϱϬ͕ϳϰϮ Ψϱϯ͕ϳϵϰ Ψϱϳ͕ϵϱϲ KƉĞƌĂƚŽƌ//͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ Ψϱϳ͕ϴϵϰ ΨϲϮ͕ϭϬϮ Ψϲϰ͕ϵϬϲ Ψϲϳ͕ϳϴϰ ΨϳϬ͕ϴϰϰ Ψϳϰ͕ϬϮϴ Ψϳϳ͕ϯϲϵ ΨϴϬ͕ϳϳϰ WůĂŶƚKƉĞƌĂƚŽƌ ΨϱϬ͕Ϭϯϱ Ψϱϰ͕ϰϬϴ Ψϱϳ͕ϲϲϬ Ψϲϭ͕ϭϮϴ Ψϲϰ͕ϴϭϬ Ψϲϵ͕ϴϬϵ ^ĞŶŝŽƌ/ŶƐƉĞĐƚŽƌ͕ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ Ψϱϱ͕Ϭϯϵ ΨϲϬ͕ϰϮϮ ΨϲϮ͕ϴϱϯ Ψϲϱ͕ϲϱϰ Ψϲϴ͕ϮϮϬ ΨϳϬ͕ϵϱϯ Ψϳϯ͕ϳϴϴ Ψϳϲ͕ϳϵϬ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ Ψϳϳ͕ϵϭϭ Ψϴϱ͕ϵϬϭ Ψϵϯ͕ϱϱϬ ΨϭϬϬ͕ϴϳϲ ΨϭϬϴ͕ϳϬϮ ^ƵƉĞƌǀŝƐŽƌ͕ŽĚĞŽŵƉůŝĂŶĐĞ ΨϲϬ͕ϱϰϮ Ψϲϲ͕ϰϳϵ Ψϲϵ͕ϭϰϬ ΨϳϮ͕Ϯϯϯ Ψϳϱ͕Ϭϵϯ Ψϳϴ͕Ϭϴϲ Ψϴϭ͕ϭϳϵ Ψϴϰ͕ϰϲϵ ^ƵƉĞƌǀŝƐŽƌ͕&ůĞĞƚ Ψϲϳ͕Ϭϭϴ Ψϲϵ͕ϴϬϵ dĞĐŚŶŝĐŝĂŶ/͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ Ψϱϳ͕ϴϵϰ Ψϲϰ͕ϭϵϯ Ψϲϵ͕ϯϭϱ Ψϳϰ͕ϴϳϮ ΨϴϬ͕ϳϳϰ dĞĐŚŶŝĐŝĂŶ//͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ Ψϲϯ͕ϯϵϰ ΨϳϬ͕ϴϲϴ Ψϳϲ͕ϳϱϰ ΨϴϮ͕ϱϳϳ Ψϴϴ͕ϰϰϴ dĞĐŚŶŝĐŝĂŶ//͕ůĞĐƚƌŝĐŶŐŝŶĞĞƌŝŶŐ Ψϲϯ͕ϯϵϰ ΨϳϬ͕ϴϲϴ Ψϳϲ͕ϳϱϰ ΨϴϮ͕ϱϳϳ Ψϴϴ͕ϰϰϴ dĞĐŚŶŝĐŝĂŶ//͕&ůĞĞƚ Ψϰϱ͕ϰϴϱ ΨϱϬ͕ϰϭϴ ΨϱϮ͕ϰϭϮ Ψϱϰ͕ϱϮϵ Ψϱϲ͕ϳϬϴ Ψϱϴ͕ϵϳϵ Ψϲϭ͕ϯϰϭ Ψϲϯ͕ϰϲϮ tŽƌŬĞƌ/͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ Ψϰϱ͕ϰϳϭ Ψϰϳ͕ϲϱϯ Ψϰϵ͕ϵϰϭ ΨϱϮ͕ϯϯϴ Ψϱϰ͕ϴϱϭ Ψϱϳ͕ϰϴϰ ΨϲϬ͕ϯϬϬ Ψϲϯ͕ϯϬϳ /dzK&&KZdK>>/E^ ϮϬϭϴWzW>E ^ƚĞƉ>ĂĚĚĞƌƐ WĂŐĞϳŽĨϭϵ 1 Packet Pg. 129 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽĨĞƐƐŝŽŶĂů Wϭ džĞĐƵƚŝǀĞƐƐŝƐƚĂŶƚƚŽƚŚĞŝƚLJDĂŶĂŐĞƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ džĞĐƵƚŝǀĞĚŵŝŶŝƐƚƌĂƚŝǀĞƐƐŝƐƚĂŶƚ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ƵƐŝŶĞƐƐ^ƵƉƉŽƌƚ/// ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ ƵƐŝŶĞƐƐ^ƵƉƉŽƌƚ// ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ Ϯ ƵƐŝŶĞƐƐ^ƵƉƉŽƌƚ/ ĚŵŝŶŝƐƚƌĂƚŝŽŶ DƵŶŝĐŝƉĂůĚŵŝŶŝƐƚƌĂƚŝŽŶ ŝƚLJůĞƌŬ DĂŶĂŐĞƌŝĂů Dϯ ŝƚLJůĞƌŬ ĚŵŝŶŝƐƚƌĂƚŝŽŶ DƵŶŝĐŝƉĂůĚŵŝŶŝƐƚƌĂƚŝŽŶ ŝƚLJůĞƌŬ WƌŽĨĞƐƐŝŽŶĂů WϮ ŚŝĞĨĞƉƵƚLJŝƚLJůĞƌŬ ĚŵŝŶŝƐƚƌĂƚŝŽŶ DƵŶŝĐŝƉĂůĚŵŝŶŝƐƚƌĂƚŝŽŶ ŝƚLJůĞƌŬ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ĞƉƵƚLJŝƚLJůĞƌŬ ĚŵŝŶŝƐƚƌĂƚŝŽŶ DƵŶŝĐŝƉĂůĚŵŝŶŝƐƚƌĂƚŝŽŶ ŝƚLJůĞƌŬ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŝƚLJůĞƌŬĚŵŝŶŝƐƚƌĂƚŽƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ &ĂĐŝůŝƚŝĞƐWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌ&ĂĐŝůŝƚŝĞƐWƌŽũĞĐƚDĂŶĂŐĞƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĐĞƐƐ/ŵƉƌŽǀĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕WƌŽĐĞƐƐ/ŵƉƌŽǀĞŵĞŶƚ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌWƌŽũĞĐƚDĂŶĂŐĞƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů WϮ WƌŽũĞĐƚDĂŶĂŐĞƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϭ WƌŽũĞĐƚŶĂůLJƐƚ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ WƌŽŐƌĂŵŽŽƌĚŝŶĂƚŽƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ dĞĐŚŶŝĐĂůWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌdĞĐŚŶŝĐĂůWƌŽũĞĐƚDĂŶĂŐĞƌ ĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ dĞĐŚŶŝĐĂůWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů WϮ dĞĐŚŶŝĐĂůWƌŽũĞĐƚDĂŶĂŐĞƌ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ /dzK&&KZdK>>/E^ ϮϬϭϴWzW>E ƉƉĞŶĚŝdž WĂŐĞϴŽĨϭϵ 1 Packet Pg. 130 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ^ĞŶŝŽƌZĞƉƌĞƐĞŶƚĂƚŝǀĞ͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ ZĞƉƌĞƐĞŶƚĂƚŝǀĞ//͕ƵůƚƵƌĂů^ĞƌǀŝĐĞƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ &ŽƌĞƐƚƌLJ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕&ŽƌĞƐƚƌLJ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ EĂƚƵƌĂůƌĞĂƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕EĂƚƵƌĂůƌĞĂƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ EĂƚƵƌĂůƌĞĂƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕EĂƚƵƌĂůƌĞĂƐ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϲ ƐƐŝƐƚĂŶƚ^ƵƉĞƌŝŶƚĞŶĚĞŶƚ͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ KƵƚĚŽŽƌ^ĞƌǀŝĐĞƐ WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϭ tŽƌŬĞƌ/͕WĂƌŬƐDĂŝŶƚĞŶĂŶĐĞ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ZĞĐƌĞĂƚŝŽŶ ƵůƚƵƌĞ͕WĂƌŬƐΘZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ZĞĐƌĞĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ ZĞƉƌĞƐĞŶƚĂƚŝǀĞ//͕ZĞĐƌĞĂƚŝŽŶ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ >ĞĂĚZĞƉƌĞƐĞŶƚĂƚŝǀĞ͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ ZĞƉƌĞƐĞŶƚĂƚŝǀĞ//͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ WĂŐĞϵŽĨϭϵ 1 Packet Pg. 131 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ Ϯ ZĞƉƌĞƐĞŶƚĂƚŝǀĞ/͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕ƵƐƚŽŵĞƌ^ƵƉƉŽƌƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ KƵƚƌĞĂĐŚ WƵďůŝĐŶŐĂŐĞŵĞŶƚ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕WƵďůŝĐŶŐĂŐĞŵĞŶƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ KƵƚƌĞĂĐŚ WƵďůŝĐŶŐĂŐĞŵĞŶƚ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕WƵďůŝĐŶŐĂŐĞŵĞŶƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ KƵƚƌĞĂĐŚ WƵďůŝĐŶŐĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕WƵďůŝĐŶŐĂŐĞŵĞŶƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ KƵƚƌĞĂĐŚ WƵďůŝĐŶŐĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕WƵďůŝĐŶŐĂŐĞŵĞŶƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ KƵƚƌĞĂĐŚ WƵďůŝĐŶŐĂŐĞŵĞŶƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕WƵďůŝĐŶŐĂŐĞŵĞŶƚ ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ KƵƚƌĞĂĐŚ WƵďůŝĐŶŐĂŐĞŵĞŶƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕WƵďůŝĐŶŐĂŐĞŵĞŶƚ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ dĞĐŚŶŝĐŝĂŶ/͕ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϲ >ĞĂĚdĞĐŚŶŝĐŝĂŶ͕ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϱ ^ĞŶŝŽƌ/ŶƐƉĞĐƚŽƌ͕ƵŝůĚŝŶŐΘĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽĚĞŽŵƉůŝĂŶĐĞ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ŽĚĞŽŵƉůŝĂŶĐĞ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽĚĞŽŵƉůŝĂŶĐĞ DĂŶĂŐĞƌŝĂůͲ^ƚĞƉ ^^ϭ ^ƵƉĞƌǀŝƐŽƌ͕ŽĚĞŽŵƉůŝĂŶĐĞ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽĚĞŽŵƉůŝĂŶĐĞ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕ŽĚĞŽŵƉůŝĂŶĐĞ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽĚĞŽŵƉůŝĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌ/ŶƐƉĞĐƚŽƌ͕ŽĚĞŽŵƉůŝĂŶĐĞ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽĚĞŽŵƉůŝĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ /ŶƐƉĞĐƚŽƌ͕ŽĚĞŽŵƉůŝĂŶĐĞ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽŶƐƚƌƵĐƚŝŽŶ/ŶƐƉĞĐƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ŽŶƐƚƌƵĐƚŝŽŶ/ŶƐƉĞĐƚŝŽŶ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽŶƐƚƌƵĐƚŝŽŶ/ŶƐƉĞĐƚŝŽŶ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϲ >ĞĂĚ/ŶƐƉĞĐƚŽƌ͕ŽŶƐƚƌƵĐƚŝŽŶ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽŶƐƚƌƵĐƚŝŽŶ/ŶƐƉĞĐƚŝŽŶ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌ/ŶƐƉĞĐƚŽƌ͕ŽŶƐƚƌƵĐƚŝŽŶ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŶǀŝƌŽŶŵĞŶƚĂůŽŵƉůŝĂŶĐĞ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ŶǀŝƌŽŶŵĞŶƚĂůŽŵƉůŝĂŶĐĞ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ^ƵƌǀĞLJŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕^ƵƌǀĞLJŝŶŐ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ^ƵƌǀĞLJŝŶŐ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕^ƵƌǀĞLJŝŶŐ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ^ƵƌǀĞLJŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕^ƵƌǀĞLJŝŶŐ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ ŽŵƉůŝĂŶĐĞ ŽŶŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌ/ŶƐƉĞĐƚŽƌ͕ŽŶŝŶŐ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ ĞǀĞůŽƉŵĞŶƚΘŽŵƉůŝĂŶĐĞ EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐ ^ƉĞĐŝĂůǀĞŶƚƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕^ƉĞĐŝĂůǀĞŶƚƐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌĐĐŽƵŶƚĂŶƚ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ ĐĐŽƵŶƚĂŶƚ// WĂŐĞϭϬŽĨϭϵ 1 Packet Pg. 132 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕ĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚƐWĂLJĂďůĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ĐĐŽƵŶƚƐWĂLJĂďůĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚƐWĂLJĂďůĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕ĐĐŽƵŶƚƐWĂLJĂďůĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞͬŝůůŝŶŐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞͬŝůůŝŶŐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞͬŝůůŝŶŐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞͬŝůůŝŶŐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ WĂLJƌŽůů DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕WĂLJƌŽůů &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ WĂLJƌŽůů ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕WĂLJƌŽůů &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ĐĐŽƵŶƚŝŶŐ WĂLJƌŽůů ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕WĂLJƌŽůů &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ƵĚŐĞƚ ƵĚŐĞƚ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ƵĚŐĞƚ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ƵĚŐĞƚ ƵĚŐĞƚ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕ƵĚŐĞƚ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ƵĚŐĞƚ ƵĚŐĞƚ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕ƵĚŐĞƚ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕&ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕&ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕&ŝŶĂŶĐĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ WƌŽĨĞƐƐŝŽŶĂů WϮ ŶĂůLJƐƚ//͕&ŝŶĂŶĐĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕&ŝŶĂŶĐĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ &ŝŶĂŶĐŝĂůWůĂŶŶŝŶŐΘŶĂůLJƐŝƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕&ŝŶĂŶĐĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ WƵƌĐŚĂƐŝŶŐ WƵƌĐŚĂƐŝŶŐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕WƵƌĐŚĂƐŝŶŐ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ WƵƌĐŚĂƐŝŶŐ WƵƌĐŚĂƐŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌƵLJĞƌ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ WƵƌĐŚĂƐŝŶŐ WƵƌĐŚĂƐŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ ƵLJĞƌ// &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ZĞǀĞŶƵĞ ^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ZĞǀĞŶƵĞ ^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ WƌŽĨĞƐƐŝŽŶĂů WϮ ƵĚŝƚŽƌ//͕^ĂůĞƐdĂdž &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ZĞǀĞŶƵĞ ^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ZĞǀĞŶƵĞ ^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ dĞĐŚŶŝĐŝĂŶ//͕^ĂůĞƐdĂdžƵĚŝƚΘZĞǀĞŶƵĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ ZŝƐŬDĂŶĂŐĞŵĞŶƚ ZŝƐŬDĂŶĂŐĞŵĞŶƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ZŝƐŬDĂŶĂŐĞŵĞŶƚ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ dƌĞĂƐƵƌLJͬ/ŶǀĞƐƚŵĞŶƚ dƌĞĂƐƵƌLJͬ/ŶǀĞƐƚŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕dƌĞĂƐƵƌLJ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ hƚŝůŝƚLJ hƚŝůŝƚLJZĂƚĞͬ&ĞĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϲ >ĞĂĚŽŽƌĚŝŶĂƚŽƌ͕hƚŝůŝƚLJZĂƚĞͬ&ĞĞ &ŝŶĂŶĐĞΘĐĐŽƵŶƚŝŶŐ hƚŝůŝƚLJ hƚŝůŝƚLJZĂƚĞŶĂůLJƐŝƐ WƌŽĨĞƐƐŝŽŶĂů Wϰ >ĞĂĚŶĂůLJƐƚ͕hƚŝůŝƚLJZĂƚĞŶĂůLJƐŝƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ĞŶĞĨŝƚƐ ĞŶĞĨŝƚƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ĞŶĞĨŝƚƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ĞŶĞĨŝƚƐ ĞŶĞĨŝƚƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕ĞŶĞĨŝƚƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ĞŶĞĨŝƚƐ ĞŶĞĨŝƚƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ĞŶĞĨŝƚƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ĞŶĞĨŝƚƐ tĞůůŶĞƐƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕tĞůůŶĞƐƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ĞŶĞĨŝƚƐ tĞůůŶĞƐƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕tĞůůŶĞƐƐ WĂŐĞϭϭŽĨϭϵ 1 Packet Pg. 133 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ĞŶĞĨŝƚƐ tĞůůŶĞƐƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕tĞůůŶĞƐƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ŽŵƉĞŶƐĂƚŝŽŶ ŽŵƉĞŶƐĂƚŝŽŶ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ŽŵƉĞŶƐĂƚŝŽŶ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ŽŵƉĞŶƐĂƚŝŽŶ ŽŵƉĞŶƐĂƚŝŽŶ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕ŽŵƉĞŶƐĂƚŝŽŶ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ŽŵƉĞŶƐĂƚŝŽŶ ŽŵƉĞŶƐĂƚŝŽŶ WƌŽĨĞƐƐŝŽŶĂů WϮ ŶĂůLJƐƚ//͕ŽŵƉĞŶƐĂƚŝŽŶ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ,Z/^ ,Z/^ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕,Z/^ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ,Z/^ ,Z/^ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕,Z/^ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ,Z/^ ,Z/^ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕,Z/^ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ,Z/^ ,Z/^ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕,Z/^ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ,Z/^ ,Z/^ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕,Z/^ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ ŵƉůŽLJĞĞZĞůĂƚŝŽŶƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕ŵƉůŽLJĞĞZĞůĂƚŝŽŶƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ ŵƉůŽLJĞĞZĞůĂƚŝŽŶƐ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ŵƉůŽLJĞĞZĞůĂƚŝŽŶƐ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ ,ƵŵĂŶĂƉŝƚĂůDĂŶĂŐĞŵĞŶƚ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕,ƵŵĂŶĂƉŝƚĂůDĂŶĂŐĞŵĞŶƚ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ ,ƵŵĂŶĂƉŝƚĂůDĂŶĂŐĞŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů WϮ WĂƌƚŶĞƌ͕,ƵŵĂŶĂƉŝƚĂůDĂŶĂŐĞŵĞŶƚ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ dĂůĞŶƚĐƋƵŝƐŝƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕dĂůĞŶƚĐƋƵŝƐŝƚŝŽŶ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ dĂůĞŶƚĐƋƵŝƐŝƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕dĂůĞŶƚĐƋƵŝƐŝƚŝŽŶ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ dĂůĞŶƚĞǀĞůŽƉŵĞŶƚ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕dĂůĞŶƚĞǀĞůŽƉŵĞŶƚ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ dĂůĞŶƚDĂŶĂŐĞŵĞŶƚ dĂůĞŶƚĞǀĞůŽƉŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕dĂůĞŶƚĞǀĞůŽƉŵĞŶƚ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ tŽƌŬĨŽƌĐĞ^ĂĨĞƚLJΘ^ĞĐƵƌŝƚLJ ^ĂĨĞƚLJ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕tŽƌŬĨŽƌĐĞ^ĂĨĞƚLJΘ^ĞĐƵƌŝƚLJ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ tŽƌŬĨŽƌĐĞ^ĂĨĞƚLJΘ^ĞĐƵƌŝƚLJ ^ĂĨĞƚLJ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕^ĂĨĞƚLJ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ tŽƌŬĨŽƌĐĞ^ĂĨĞƚLJΘ^ĞĐƵƌŝƚLJ ^ĂĨĞƚLJ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕^ĂĨĞƚLJ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ tŽƌŬĨŽƌĐĞ^ĂĨĞƚLJΘ^ĞĐƵƌŝƚLJ ^ĞĐƵƌŝƚLJ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕^ĞĐƵƌŝƚLJ >ĞŐĂů :ƵĚŝĐŝĂů ĚŵŝŶŝƐƚƌĂƚŝŽŶ DĂŶĂŐĞƌŝĂů ^Ϯ DƵŶŝĐŝƉĂůŽƵƌƚĚŵŝŶŝƐƚƌĂƚŽƌ >ĞŐĂů :ƵĚŝĐŝĂů ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ DĂŶĂŐĞƌŝĂů ^ϭ ĞƉƵƚLJŽƵƌƚĚŵŝŶŝƐƚƌĂƚŽƌ >ĞŐĂů :ƵĚŝĐŝĂů ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ DƵŶŝĐŝƉĂůŽƵƌƚĂƐĞtŽƌŬĞƌ >ĞŐĂů :ƵĚŝĐŝĂů ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ĞƉƵƚLJŽƵƌƚůĞƌŬ// >ĞŐĂů :ƵĚŝĐŝĂů ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ ĞƉƵƚLJŽƵƌƚůĞƌŬ/ >ĞŐĂů :ƵĚŝĐŝĂů ƵƐƚŽŵĞƌ^ĞƌǀŝĐĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ Ϯ ĂŝůŝĨĨ >ĞŐĂů >ĞŐĂů >ĞŐĂů^ƵƉƉŽƌƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϲ WĂƌĂůĞŐĂů >ĞŐĂů >ĞŐĂů >ĞŐĂů^ƵƉƉŽƌƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ^ĞŶŝŽƌ>ĞŐĂůƐƐŝƐƚĂŶƚ >ĞŐĂů >ĞŐĂů >ĞŐĂů^ƵƉƉŽƌƚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ >ĞŐĂůƐƐŝƐƚĂŶƚ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ ŽŵŵƵŶŝĐĂƚŝŽŶƐ WƵďůŝĐZĞůĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕WƵďůŝĐZĞůĂƚŝŽŶƐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ ŽŵŵƵŶŝĐĂƚŝŽŶƐ WƵďůŝĐZĞůĂƚŝŽŶƐ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕WƵďůŝĐZĞůĂƚŝŽŶƐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ ŽŵŵƵŶŝĐĂƚŝŽŶƐ WƵďůŝĐZĞůĂƚŝŽŶƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕WƵďůŝĐZĞůĂƚŝŽŶƐ WĂŐĞϭϮŽĨϭϵ 1 Packet Pg. 134 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ ŽŵŵƵŶŝĐĂƚŝŽŶƐ WƵďůŝĐZĞůĂƚŝŽŶƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕WƵďůŝĐZĞůĂƚŝŽŶƐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ ŽŵŵƵŶŝĐĂƚŝŽŶƐ WƵďůŝĐZĞůĂƚŝŽŶƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ŽŽƌĚŝŶĂƚŽƌ͕WƵďůŝĐZĞůĂƚŝŽŶƐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĂƌŬĞƚŝŶŐ DĂƌŬĞƚŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕DĂƌŬĞƚŝŶŐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĂƌŬĞƚŝŶŐ DĂƌŬĞƚŝŶŐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕DĂƌŬĞƚŝŶŐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĂƌŬĞƚŝŶŐ DĂƌŬĞƚŝŶŐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕DĂƌŬĞƚŝŶŐ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĞĚŝĂ 'ƌĂƉŚŝĐĞƐŝŐŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕'ƌĂƉŚŝĐĞƐŝŐŶ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĞĚŝĂ 'ƌĂƉŚŝĐĞƐŝŐŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϲ >ĞĂĚdĞĐŚŶŝĐŝĂŶ͕'ƌĂƉŚŝĐĞƐŝŐŶ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĞĚŝĂ sŝĚĞŽWƌŽĚƵĐƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕sŝĚĞŽWƌŽĚƵĐƚŝŽŶ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĞĚŝĂ sŝĚĞŽWƌŽĚƵĐƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϲ >ĞĂĚdĞĐŚŶŝĐŝĂŶ͕sŝĚĞŽWƌŽĚƵĐƚŝŽŶ DĂƌŬĞƚŝŶŐΘƌĞĂƚŝǀĞ^ĞƌǀŝĐĞƐ DĞĚŝĂ sŝĚĞŽWƌŽĚƵĐƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ dĞĐŚŶŝĐŝĂŶ//͕sŝĚĞŽWƌŽĚƵĐƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ ^ĞŶŝŽƌ>ŽĐĂƚŽƌ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϭ >ŽĐĂƚŽƌ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϯ dĞĐŚŶŝĐŝĂŶ/͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ DĂŶĂŐĞƌŝĂůͲ^ƚĞƉ ^^ϭ ƌĞǁŚŝĞĨ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϰ >ŝŶĞǁŽƌŬĞƌ͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϯ KƉĞƌĂƚŽƌ//͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ,ŝŐŚsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϰ dĞĐŚŶŝĐŝĂŶ//͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^Ϯ KƉĞƌĂƚŽƌ/͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐ ůĞĐƚƌŝĐhƚŝůŝƚŝĞƐ ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϭ tŽƌŬĞƌ/͕ůĞĐƚƌŝĐŝƐƚƌŝďƵƚŝŽŶͲ>ŽǁsŽůƚĂŐĞ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ ŶĞƌŐLJ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕ŶĞƌŐLJ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ ŶĞƌŐLJ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕ŶĞƌŐLJ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϲ >ĞĂĚdĞĐŚŶŝĐŝĂŶ͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕&ĂĐŝůŝƚŝĞƐ WĂŐĞϭϯŽĨϭϵ 1 Packet Pg. 135 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ tŽƌŬĞƌ//͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϭ tŽƌŬĞƌ/͕&ĂĐŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕&ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕&ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ůĞĞƚ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ůĞĞƚ DĂŶĂŐĞƌŝĂů ^^ϭ ^ƵƉĞƌǀŝƐŽƌ͕&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ůĞĞƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kd^ϰ dĞĐŚŶŝĐŝĂŶ//͕&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ůĞĞƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ &ůĞĞƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ tŽƌŬĞƌ//͕&ůĞĞƚ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ ZĞĂůƐƚĂƚĞ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ZĞĂůƐƚĂƚĞ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ ZĞĂůƐƚĂƚĞ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ZĞĂůƐƚĂƚĞ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ ZĞĂůƐƚĂƚĞ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕ZĞĂůƐƚĂƚĞ KƉĞƌĂƚŝŽŶƐ &ĂĐŝůŝƚŝĞƐΘ&ůĞĞƚ ZĞĂůƐƚĂƚĞ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ZĞĂůƐƚĂƚĞ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŝŶƚĞŶĂŶĐĞ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕DĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕DĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕DĂŝŶƚĞŶĂŶĐĞ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕WůĂŶƚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕WůĂŶƚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕WůĂŶƚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕WůĂŶƚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϱ >ĞĂĚWůĂŶƚKƉĞƌĂƚŽƌ KƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ WůĂŶƚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kdϰ WůĂŶƚKƉĞƌĂƚŽƌ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ KƉĞƌĂƚŽƌ//͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ KƉĞƌĂƚŽƌ/͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϭ tŽƌŬĞƌ/͕dƌĂŶƐŝƚ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ WĂŐĞϭϰŽĨϭϵ 1 Packet Pg. 136 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ KƉĞƌĂƚŽƌ//͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ KƉĞƌĂƚŽƌ/͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ dƌĂŶƐƉŽƌƚĂƚŝŽŶ dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϭ KĨĨŝĐĞƌ/͕dƌĂŶƐƉŽƌƚĂƚŝŽŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ tĂƚĞƌhƚŝůŝƚŝĞƐ tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ tĂƚĞƌhƚŝůŝƚŝĞƐ tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^ϭ ƌĞǁŚŝĞĨ͕tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐ tĂƚĞƌhƚŝůŝƚŝĞƐ tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕tĂƚĞƌ&ŝĞůĚhƚŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ tĂƚĞƌhƚŝůŝƚŝĞƐ tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ KƉĞƌĂƚŽƌ/͕tĂƚĞƌhƚŝůŝƚŝĞƐ KƉĞƌĂƚŝŽŶƐ tĂƚĞƌhƚŝůŝƚŝĞƐ tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^Ϯ KƉĞƌĂƚŽƌ/͕tĂƚĞƌ&ŝĞůĚKƉĞƌĂƚŝŽŶƐ WůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ŝƚLJWůĂŶŶŝŶŐ WůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌWůĂŶŶĞƌ͕ŝƚLJ WůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ WůĂŶŶĞƌ͕ŝƚLJ WůĂŶŶŝŶŐ ŝƚLJWůĂŶŶŝŶŐ ,ŝƐƚŽƌŝĐWƌĞƐĞƌǀĂƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕,ŝƐƚŽƌŝĐWƌĞƐĞƌǀĂƚŝŽŶ WůĂŶŶŝŶŐ ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ WůĂŶŶŝŶŐ ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌWůĂŶŶĞƌ͕ŶǀŝƌŽŶŵĞŶƚĂů WůĂŶŶŝŶŐ ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ WůĂŶŶĞƌ͕ŶǀŝƌŽŶŵĞŶƚĂů WůĂŶŶŝŶŐ WĂƌŬƐWůĂŶŶŝŶŐ WĂƌŬƐWůĂŶŶŝŶŐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕WĂƌŬƐWůĂŶŶŝŶŐ WůĂŶŶŝŶŐ WĂƌŬƐWůĂŶŶŝŶŐ WĂƌŬƐWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌƌĐŚŝƚĞĐƚ͕WĂƌŬƐ WůĂŶŶŝŶŐ WĂƌŬƐWůĂŶŶŝŶŐ WĂƌŬƐWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ƉƉƌĞŶƚŝĐĞƌĐŚŝƚĞĐƚ͕WĂƌŬƐ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ ĐƚŝǀĞDŽĚĞƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ĐƚŝǀĞDŽĚĞƐ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ ĐƚŝǀĞDŽĚĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕ĐƚŝǀĞDŽĚĞƐ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ dƌĂŶƐŝƚWůĂŶŶŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕dƌĂŶƐŝƚWůĂŶŶŝŶŐ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ dƌĂŶƐŝƚWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ WůĂŶŶĞƌ͕dƌĂŶƐŝƚ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ dƌĂŶƐŝƚWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕dƌĂŶƐŝƚWůĂŶŶŝŶŐ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ WůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ dƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌWůĂŶŶĞƌ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ŽŵŵƵŶŝĐĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ŵĞƌŐĞŶĐLJŽŵŵƵŶŝĐĂƚŝŽŶƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ŽŵŵƵŶŝĐĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ŵĞƌŐĞŶĐLJŽŵŵƵŶŝĐĂƚŝŽŶƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ŽŵŵƵŶŝĐĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ ŵĞƌŐĞŶĐLJŽŵŵƵŶŝĐĂƚŝŽŶƐŝƐƉĂƚĐŚĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ EŽŶͲ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕ŽŵŵƵŶŝƚLJ^ĞƌǀŝĐĞKĨĨŝĐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ EŽŶͲ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ ŽŵŵƵŶŝƚLJ^ĞƌǀŝĐĞKĨĨŝĐĞƌ WĂŐĞϭϱŽĨϭϵ 1 Packet Pg. 137 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů DϮ WŽůŝĐĞ>ŝĞƵƚĞŶĂŶƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^Ϯ WŽůŝĐĞ^ĞƌŐĞĂŶƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ DĂŶĂŐĞƌŝĂů ^ϭ WŽůŝĐĞŽƌƉŽƌĂů WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ ŽůůĞĐƚŝǀĞĂƌŐĂŝŶŝŶŐhŶŝƚ ^ǁŽƌŶKƉĞƌĂƚŝŽŶƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϲ WŽůŝĐĞKĨĨŝĐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ /ŶǀĞƐƚŝŐĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϲ ƌŝŵŝŶĂůŝƐƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ /ŶǀĞƐƚŝŐĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ /ŶǀĞƐƚŝŐĂƚŝǀĞŝĚĞ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ KƵƚƌĞĂĐŚ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕KƵƚƌĞĂĐŚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ KƵƚƌĞĂĐŚ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕KƵƚƌĞĂĐŚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ KƵƚƌĞĂĐŚ WƌŽĨĞƐƐŝŽŶĂů Wϰ WŽůŝĐĞWƐLJĐŚŽůŽŐŝƐƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ KƵƚƌĞĂĐŚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕KƵƚƌĞĂĐŚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ KƵƚƌĞĂĐŚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ĚǀŝƐŽƌ͕ƌŝŵĞWƌĞǀĞŶƚŝŽŶ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ /ŶǀĞƐƚŝŐĂƚŝŽŶ KƵƚƌĞĂĐŚ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ ĚǀŽĐĂƚĞ͕KƵƚƌĞĂĐŚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ŶĨŽƌĐĞŵĞŶƚ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕ŶĨŽƌĐĞŵĞŶƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ŶĨŽƌĐĞŵĞŶƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ ŽƵƌƚ^ĞĐƵƌŝƚLJKĨĨŝĐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ŶĨŽƌĐĞŵĞŶƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ KĨĨŝĐĞƌ//͕ŶĨŽƌĐĞŵĞŶƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ŶĨŽƌĐĞŵĞŶƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ KĨĨŝĐĞƌ/͕ŶĨŽƌĐĞŵĞŶƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ZĞƐŽƵƌĐĞDĂŶĂŐĞŵĞŶƚ DĂŶĂŐĞƌŝĂů ^ϭ >ĞĂĚWĂƌŬZĂŶŐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ZĞƐŽƵƌĐĞDĂŶĂŐĞŵĞŶƚ DĂŶĂŐĞƌŝĂůͲ^ƚĞƉ ^^ϭ >ĞĂĚEĂƚƵƌĂůƌĞĂƐZĂŶŐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ZĞƐŽƵƌĐĞDĂŶĂŐĞŵĞŶƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ WĂƌŬZĂŶŐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ KƉĞƌĂƚŝŽŶƐ ZĞƐŽƵƌĐĞDĂŶĂŐĞŵĞŶƚ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϯ EĂƚƵƌĂůƌĞĂƐZĂŶŐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WŽůŝĐĞĚŵŝŶŝƐƚƌĂƚŝŽŶ WŽůŝĐĞĚŵŝŶŝƐƚƌĂƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϯ WŽůŝĐĞƐƐŝƐƚĂŶƚŚŝĞĨ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WŽůŝĐĞĚŵŝŶŝƐƚƌĂƚŝŽŶ WŽůŝĐĞĚŵŝŶŝƐƚƌĂƚŝŽŶ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ dĞĐŚŶŝĐŝĂŶ/͕WŽůŝĐĞĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ /ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕/ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ /ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕/ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ /ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ƌŝŵĞŶĂůLJƐƚ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ /ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ dĞĐŚŶŝĐŝĂŶ//͕WŽůŝĐĞZĞĐŽƌĚƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ /ŶĨŽƌŵĂƚŝŽŶ^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϯ ZĞƉƌĞƐĞŶƚĂƚŝǀĞ//͕WŽůŝĐĞZĞĐŽƌĚƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ dĞĐŚŶŝĐĂů DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕dĞĐŚŶŝĐĂů WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ dĞĐŚŶŝĐĂů WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌdĞĐŚŶŝĐĂůWƌŽũĞĐƚDĂŶĂŐĞƌ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ dĞĐŚŶŝĐĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕dĞĐŚŶŝĐĂů^ĞƌǀŝĐĞƐ WƌŽƚĞĐƚŝǀĞ^ĞƌǀŝĐĞƐ WƌŽĐĞƐƐŝŶŐ^ƵƉƉŽƌƚ dĞĐŚŶŝĐĂů ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ dĞĐŚŶŝĐŝĂŶ//͕ǀŝĚĞŶĐĞ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů Dϯ ŝƚLJŶŐŝŶĞĞƌ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ŝǀŝůŶŐŝŶĞĞƌŝŶŐ WĂŐĞϭϲŽĨϭϵ 1 Packet Pg. 138 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ŝǀŝůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ŝǀŝůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ŝǀŝůŶŐŝŶĞĞƌ/// ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ ŝǀŝůŶŐŝŶĞĞƌ// ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŝǀŝůŶŐŝŶĞĞƌ/ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ŝǀŝůŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕ŝǀŝůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌ/// ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌ// ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌ/ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ ůĞĐƚƌŝĐĂůŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞͲ^ƚĞƉ Kd^ϰ dĞĐŚŶŝĐŝĂŶ//͕ůĞĐƚƌŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌ/// ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϭ DĞĐŚĂŶŝĐĂůŶŐŝŶĞĞƌ/ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϰ dĞĐŚŶŝĐŝĂŶ//͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ KƉĞƌĂƚŽƌ//͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ KdϮ KƉĞƌĂƚŽƌ/͕dƌĂĨĨŝĐŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ tĂƚĞƌŶŐŝŶĞĞƌŝŶŐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕tĂƚĞƌŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ tĂƚĞƌŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů WϮ tĂƚĞƌŶŐŝŶĞĞƌ// ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ŶŐŝŶĞĞƌŝŶŐ tĂƚĞƌŶŐŝŶĞĞƌŝŶŐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϯ dĞĐŚŶŝĐŝĂŶ/͕tĂƚĞƌŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ŚĞŵŝƐƚƌLJ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŚĞŵŝƐƚ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ DĂŶĂŐĞƌŝĂů ^Ϯ ^ĞŶŝŽƌ^ƵƉĞƌǀŝƐŽƌ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕^ĐŝĞŶĐĞƐ WĂŐĞϭϳŽĨϭϵ 1 Packet Pg. 139 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϲ >ĞĂĚdĞĐŚŶŝĐŝĂŶ͕^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐΘŶŐŝŶĞĞƌŝŶŐ ^ĐŝĞŶĐĞƐ ^ĐŝĞŶĐĞƐ KƉĞƌĂƚŝŽŶƐΘ^ŬŝůůĞĚdƌĂĚĞ Kdϭ >ĂďƐƐŝƐƚĂŶƚ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ĐŽŶŽŵŝĐ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌŽŽƌĚŝŶĂƚŽƌ͕ŶǀŝƌŽŶŵĞŶƚĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ DĂŶĂŐĞƌŝĂů Dϯ ŝƌĞĐƚŽƌ͕^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ WƌŽĨĞƐƐŝŽŶĂů Wϯ >ĞĂĚ^ƉĞĐŝĂůŝƐƚ͕^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ WƌŽĨĞƐƐŝŽŶĂů WϮ ^ĞŶŝŽƌ^ƉĞĐŝĂůŝƐƚ͕^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ WƌŽĨĞƐƐŝŽŶĂů Wϭ ^ƉĞĐŝĂůŝƐƚ͕^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ WƌŽĨĞƐƐŝŽŶĂů WϮ ŶĂůLJƐƚ//͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞĞǀĞůŽƉŵĞŶƚ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞĞǀĞůŽƉŵĞŶƚ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞĞǀĞůŽƉŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞĞǀĞůŽƉŵĞŶƚ dĞĐŚŶŽůŽŐLJ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞ ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞĞǀĞůŽƉŵĞŶƚ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕ƉƉůŝĐĂƚŝŽŶƐ^ŽĨƚǁĂƌĞĞǀĞůŽƉŵĞŶƚ dĞĐŚŶŽůŽŐLJ ůŝĞŶƚ^ĞƌǀŝĐĞƐ ůŝĞŶƚ^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕ůŝĞŶƚ^ĞƌǀŝĐĞƐ dĞĐŚŶŽůŽŐLJ ůŝĞŶƚ^ĞƌǀŝĐĞƐ ůŝĞŶƚ^ĞƌǀŝĐĞƐ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕ůŝĞŶƚ^ĞƌǀŝĐĞƐ dĞĐŚŶŽůŽŐLJ ůŝĞŶƚ^ĞƌǀŝĐĞƐ ůŝĞŶƚ^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϱ ^ĞŶŝŽƌdĞĐŚŶŝĐŝĂŶ͕ůŝĞŶƚ^ĞƌǀŝĐĞƐ dĞĐŚŶŽůŽŐLJ ůŝĞŶƚ^ĞƌǀŝĐĞƐ ůŝĞŶƚ^ĞƌǀŝĐĞƐ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ dĞĐŚŶŝĐŝĂŶ//͕ůŝĞŶƚ^ĞƌǀŝĐĞƐ dĞĐŚŶŽůŽŐLJ ĂƚĂďĂƐĞ ĂƚĂďĂƐĞ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌĚŵŝŶŝƐƚƌĂƚŽƌ͕ĂƚĂďĂƐĞ dĞĐŚŶŽůŽŐLJ '/^ '/^ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕'/^ dĞĐŚŶŽůŽŐLJ '/^ '/^ WƌŽĨĞƐƐŝŽŶĂů WϮ ŶĂůLJƐƚ//͕'/^ dĞĐŚŶŽůŽŐLJ '/^ '/^ WƌŽĨĞƐƐŝŽŶĂů Wϭ ŶĂůLJƐƚ/͕'/^ dĞĐŚŶŽůŽŐLJ '/^ '/^ ĚŵŝŶŝƐƚƌĂƚŝǀĞ ϰ dĞĐŚŶŝĐŝĂŶ//͕'/^ WĂŐĞϭϴŽĨϭϵ 1 Packet Pg. 140 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) :Žď&ƵŶĐƚŝŽŶ :Žď&ĂŵŝůLJ :Žď^ƵďĨĂŵŝůLJ ĂƌĞĞƌ'ƌŽƵƉŝŶŐ ĂƌĞĞƌ>ĞǀĞů :ŽďdŝƚůĞ dĞĐŚŶŽůŽŐLJ /ŶĨŽƌŵĂƚŝŽŶ^ĞĐƵƌŝƚLJ /ŶĨŽƌŵĂƚŝŽŶ^ĞĐƵƌŝƚLJ WƌŽĨĞƐƐŝŽŶĂů Wϰ ƌĐŚŝƚĞĐƚ͕/ŶĨŽƌŵĂƚŝŽŶ^ĞĐƵƌŝƚLJ dĞĐŚŶŽůŽŐLJ EĞƚǁŽƌŬ EĞƚǁŽƌŬĚŵŝŶŝƐƚƌĂƚŝŽŶ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕EĞƚǁŽƌŬĚŵŝŶŝƐƚƌĂƚŝŽŶ dĞĐŚŶŽůŽŐLJ EĞƚǁŽƌŬ EĞƚǁŽƌŬĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽĨĞƐƐŝŽŶĂů WϮ ĚŵŝŶŝƐƚƌĂƚŽƌ//͕EĞƚǁŽƌŬ dĞĐŚŶŽůŽŐLJ EĞƚǁŽƌŬ EĞƚǁŽƌŬĚŵŝŶŝƐƚƌĂƚŝŽŶ WƌŽĨĞƐƐŝŽŶĂů Wϭ ĚŵŝŶŝƐƚƌĂƚŽƌ/͕EĞƚǁŽƌŬ dĞĐŚŶŽůŽŐLJ EĞƚǁŽƌŬ EĞƚǁŽƌŬŶŐŝŶĞĞƌŝŶŐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶŐŝŶĞĞƌ͕EĞƚǁŽƌŬ dĞĐŚŶŽůŽŐLJ ^LJƐƚĞŵƐ ^LJƐƚĞŵƐ DĂŶĂŐĞƌŝĂů DϮ ^ĞŶŝŽƌDĂŶĂŐĞƌ͕^LJƐƚĞŵƐ dĞĐŚŶŽůŽŐLJ ^LJƐƚĞŵƐ ^LJƐƚĞŵƐ DĂŶĂŐĞƌŝĂů Dϭ DĂŶĂŐĞƌ͕^LJƐƚĞŵƐ dĞĐŚŶŽůŽŐLJ ^LJƐƚĞŵƐ ^LJƐƚĞŵƐ DĂŶĂŐĞƌŝĂů ^ϭ ^ƵƉĞƌǀŝƐŽƌ͕^LJƐƚĞŵƐ dĞĐŚŶŽůŽŐLJ ^LJƐƚĞŵƐ ^LJƐƚĞŵƐ WƌŽĨĞƐƐŝŽŶĂů Wϯ ^ĞŶŝŽƌŶĂůLJƐƚ͕^LJƐƚĞŵƐ dĞĐŚŶŽůŽŐLJ ^LJƐƚĞŵƐ ^LJƐƚĞŵƐ WƌŽĨĞƐƐŝŽŶĂů WϮ ĚŵŝŶŝƐƚƌĂƚŽƌ//͕^LJƐƚĞŵƐ dĞĐŚŶŽůŽŐLJ ^LJƐƚĞŵƐ ^LJƐƚĞŵƐ WƌŽĨĞƐƐŝŽŶĂů Wϭ ĚŵŝŶŝƐƚƌĂƚŽƌ/͕^LJƐƚĞŵƐ WĂŐĞϭϵŽĨϭϵ 1 Packet Pg. 141 Attachment: Exhibit A (6408 : 2018 Pay Plan ORD) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Janet Miller, Assistant Human Resources Director Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 022, 2018, Amending Article V, Division 3 of Chapter 2 of the Code of the City of Fort Collins to Clarify the City Manager's Authority Concerning the Administrative Branch of the City. EXECUTIVE SUMMARY The purpose of this item is to amend various sections in Article V, Division 3 of Chapter 2 of the City Code to clarify and eliminate confusion regarding the City Manager’s authority to assign supervisory authority as well as duties and functions to the services of the City administrative organization. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On January 16, 2018, Council unanimously adopted Ordinance No. 011, 2018, amending the definition of “Service Area” in Code Section 1-2 to reflect that a service area director may report to a designee of the City Manager rather than to the City Manager directly. It also granted the City Manager authority to name a designee as the Service Area director for Utility Services. Ordinance No. 022, 2018, amends Sections 2-492 to 2-503 to conform with this newly adopted language amending the definition of “service area” in Code Section 1-2. Additionally, Ordinance No. 022, 2018, amends City Code to remove Operation Services from the Community and Operation Services Service Area and amends language in Section 2-505 to allow for the functions provided by Operation Services to be incorporated into the Information and Employee Services Service Area. These conforming amendments align the internal facing functions of Operation Services under one Service Area and address the need for the City Manager to have flexibility in how City administrative services are organized. Finally, staff recommends adding a statement to each provision of Article V indicating that certain City services may be assigned to a service area by the City Manager. 11 Packet Pg. 142 -1- ORDINANCE NO. 022, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE V, DIVISION 3 OF CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE CITY MANAGER’S AUTHORITY CONCERNING THE ADMINISTRATIVE BRANCH OF THE CITY WHEREAS, Article IV, Section 2 of the City Charter says the administrative branch of the City government shall be composed of the offices, services areas and agencies established by ordinance upon report and recommendation of the City Manager; and WHEREAS, Article IV, Section 2 of the City Charter says administrative functions and duties may be assigned and distributed among offices, services areas or departments thereof, or agencies of the administrative branch by regulations issued by the City Manager; and WHEREAS, Chapter 2, Article V, Division 3 of the City Code sets out the service areas of the City administrative organization; and WHEREAS, on January 16, 2018, City Council unanimously adopted Ordinance No. 011, 2018, amending the definition of “service area” in City Code Section 1-2 to reflect that a service area director may report to a designee of the City Manager rather than to the City Manager directly; and WHEREAS, each City Code section establishing a service area should be amended consistent with the updated definition of “service area” to reflect that a service area director may report to a designee of the City Manager; and WHEREAS, Ordinance No. 011, 2018, also added a clarifying statement confirming that utility services is a service area of the City; and WHEREAS, a similar clarifying statement should be added to each subsection creating a service area to ensure consistency; and WHEREAS, the City Manager recommends shifting operations services, an internal service, to the information and employee services service area; and WHEREAS, consistent with Article IV, Section 2 of the City Charter, City staff recommends adding a statement to each provision establishing a service area indicating that certain City services may be assigned to a service area. 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. 143 -2- Section 2. That Section 2-500 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-500. - Planning, Development and Transportation Services. Planning, Development and Transportation Services is hereby created as a service area of the City. Planning, Development and Transportation Services shall be in the charge of a Director who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide community planning, development and transportations services and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 3. That Section 2-501 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-501. - Financial Services; duties of Director. Financial Services is hereby created as a service area of the City. Financial Services shall be in the charge of a Chief Financial Officer who shall be directly responsible to the City Manager or his or her designee for the functions and duties of the Financial Officer as provided in Article V, Part III, Section 22 of the Charter, and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 4. That Section 2-502 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-502. - Community and Operations Services. Community and Operations Services is hereby created as a service area of the City. Community and Operations Services shall be in the charge of a Director who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide cultural, parks, natural areas, and recreation services, operations and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 5. That Section 2-503 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-503. - Police Services. (a) Chief; duties. Police Services is hereby created as a service area of the City. Police Services shall be under the immediate supervision and control of the Chief of Police, who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to preserve the public peace, prevent crime, apprehend criminals and protect the rights of persons and property through the enforcement of the penal laws of the State, all ordinances Packet Pg. 144 -3- and regulations of the City, and the provisions of the Charter, and other services as assigned. The Chief of Police shall also perform such other duties as the City Manager may prescribe for the public peace and safety and the protection of property, including the property of the City within and without the corporate limits, and shall cooperate with local, state and federal law enforcement officials. . . . Section 6. That Section 2-504 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-504. - Utility Services; duties of Director and City Manager. (a) Utility Services shall be and is hereby created as a service area of the City. (b) Except as provided in paragraph (c) below, Utility Services shall be in the charge of a Director who shall be directly responsible to the Deputy City Manager or his or her designee for the functions and duties of Utility Services, including, without limitation, the functions and duties necessary to provide for the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the City's electric, water, wastewater and stormwater utility services, and who shall have control and supervision over such agencies, service units, departments, divisions, offices or persons assigned by the Deputy City Manager. (c) The City Manager or his or her designee shall have the direct responsibility and authority to administer and supervise all functions and activities related to the electric utility’s provision of “telecommunication facilities and services,” as this term in defined in Section 7(f) of Charter Article XII. In exercising this authority, the City Manager or his or her designee may assign to other employees such duties, assignments and functions as the City Managerhe or she determines necessary for the proper and efficient administration of the electric utility in providing telecommunication facilities and services. Section 7. That Section 2-505 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-505. - Information and employee services. Information and Employee Services is hereby created as a service area of the City. Information and Employee Services shall be in the charge of a Director who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide administrative and other internal services, such as communications, management information and human resources services, to the City, and other services as assigned, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Section 8. That Section 2-506 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 145 -4- Sec. 2-506. - Sustainability services. Sustainability Services is hereby created as a service area of the City. Sustainability Services shall be in the charge of a Director, who shall be directly responsible to the City Manager or his or her designee for the functions and duties necessary to provide environmental services, economic health and urban renewal services and social sustainability for the City organization, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 146 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Water Treatment Facility Annexation No. 1. EXECUTIVE SUMMARY A. Resolution 2018-009 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 023, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 1 consists of 0.101-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing City limits. Water Treatment Facility Annexation No. 1 is located approximately 800 feet west of Poudre High School on Laporte Avenue. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Water Treatment Facility Annexations are part of a funded, 2016-2018 Budgeting for Outcomes (BFO) offer that will enable the Fort Collins Water Treatment Facility to construct a reliable underground electric power system supplied by Fort Collins Utilities Light and Power Department. Since the Fort Collins Water Treatment Facility is located in unincorporated Larimer County, the Fort Collins Light and Power Utility cannot assume jurisdictional service rights from the existing service provider, Xcel Energy. Upon annexation of the subject properties, the City Water Treatment Facility will be eligible to receive Light and Power Utilities service. After annexation, the extension of underground utility service to the facility will be scheduled. Pursuant to the approval of the above mentioned BFO offer, the City of Fort Collins has submitted a written petition requesting four sequential annexations known collectively as the Water Treatment Facility Annexations. The 104 acres of land within the annexations includes the unincorporated Laporte Avenue right- of-way west of current City limits and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. 12 Packet Pg. 147 Agenda Item 12 Item # 12 Page 2 Contiguity The land within Annexation No. 1 consists of 0.101-acres of Laporte Avenue right-of-way. The land area gains the required 1/6 contiguity to existing City limits from a common boundary with the southwest edge of the Mountain View School Annexation (May 1998). Annexation No. 1 has 16.7% of its perimeter boundary contiguous with existing limits from this common boundary, thus satisfying the state requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. Enclave Implications Annexing this 0.101-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On October 17, 2017, City Council unanimously adopted Resolutions 2017-092, 2017-093, 2017-094 and 2017-095, initiating a series of annexations of right-of-way and the City-owned property located at 4316 Laporte Avenue upon which the Fort Collins Water Treatment Facility operates. The Resolutions were later rescinded on November 7, 2017 to address additional notification requirements specific to “flagpole” annexations as defined by Colorado Revised Statutes. A letter was sent 90 days prior to First Reading to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has since expired. On December 19, 2017, City Council approved a series of resolutions that accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Water Treatment Facility Annexation No. 1. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All other notification requirements as required by state and local law have been met. ATTACHMENTS 1. Vicinity Overview Map (PDF) 2. Annexation No. 1 Vicinity Map (PDF) 3. Memo and Petition (PDF) 12 Packet Pg. 148 Lee Lake P l e asa n t V a l l e y a n d La k e C a n a l COMMUNITY POUDRE ACADEMY POUDRE SR HIGH ADMINISTRATION PSD W Vine Dr S Overland Trl Laporte Ave N Overland Trl 0 470880 940 1, Feet 4 Fort Collins GMA Water Treatment Facility Annexations Water Treatmen t Facility Vicinity Annexations No. 1, 2, 3 and 4 Annexation No. 3 Annexation No. 4 Annexation No. 2 Annexation No. 1 Date Saved: 10/17/2017 12:37:48 PM Sunset St Growth Management Area Boundary ATTACHMENT 1 12.1 Packet Pg. 149 Attachment: Vicinity Overview Map (6430 : Water Treatment Facility Annexation No 1) COMMUNITY POUDRE ACADEMY ADMINISTRATION PSD Laporte Ave 0 65 130 260 Feet 4 Water Treatment Facility Annexation No. 1 Annexation No. 1 Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM ATTACHMENT 2 12.2 Packet Pg. 150 Attachment: Annexation No. 1 Vicinity Map (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 ATTACHMENT 3 12.3 Packet Pg. 151 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 152 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 153 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) 300 LaPorte Ave Fort Collins CO 80521 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 154 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 155 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 156 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 157 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 158 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 159 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 160 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 12.3 Packet Pg. 161 Attachment: Memo and Petition (6430 : Water Treatment Facility Annexation No 1) -1- RESOLUTION 2018-009 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WATER TREATMENT FACILITY ANNEXATION NO. 1 WHEREAS, pursuant to Resolution 2017-107, annexation proceedings were initiated by the City Council for property to be known as the Water Treatment Facility Annexation No. 1 (the “Property”); and WHEREAS, following notice given as required by law, the City Council will hold a hearing on said annexation on February 6, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 162 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 163 -1- ORDINANCE NO. 023, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-107, finding substantial compliance and initiating annexation proceedings for the Water Treatment Facility Annexation No. 1, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-009 setting forth findings of fact and determinations regarding the Water Treatment Facility Annexation No. 1 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Water Treatment Facility Annexation No. 1 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2017-107 and Resolution 2018-009 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; Packet Pg. 164 -2- THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE N77°23'52"W, A DISTANCE OF 150.27 FEET; THENCE N79°31'38"E, A DISTANCE OF 149.72 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WEST BOUNDARY OF SAID MOUNTAIN VIEW SCHOOL ANNEXATION; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,409 SQUARE FEET (0.101 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Water Treatment Facility Annexation No. 1, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 165 -3- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 166 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 024, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the first of four sequential annexations, known as the Water Treatment Facility Annexation No.1. Water Treatment Facility Annexation No. 1 is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U- E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting City limits to the east is zoned Low Density Mixed Use Neighborhood (L-M-N) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Urban Estate (U-E), which conforms to the larger surrounding area of existing single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County FA Existing single-family residential S County FA Existing single-family residential E City Low Density Mixed-Use Residential (LMN) Laporte Avenue right-of-way W County FA Laporte Avenue right-of-way 13 Packet Pg. 167 Agenda Item 13 Item # 13 Page 2 Northwest Subarea Plan The tract of land is located within the Northwest Subarea Plan, adopted in 2006 and covers an area of approximately 4.3 square miles of northwest Fort Collins and Larimer County within the Growth Management Area. The Plan states: “The Urban Estate designation for this area is consistent with the City’s current Structure Plan designation. Existing subdivisions within the Central Area have established a low-density residential pattern. Continuation of Urban Estate development here will help safeguard the character of these existing neighborhoods. The level of development and natural features in this area do not make land conservation within the Central area as high a priority as in the area west of Overland Trail and along Poudre River. Clustering of new development is optional and would be one means of achieving trail connections through the neighborhoods, an important goal of this Plan. In addition, residential development should be sited and designed to provide private and public open space and should be wildlife friendly.” According to the Northwest Subarea Plan Land Use Map, the subject tract of land should be placed into the Urban Estate zone district. The proposed zoning, U-E, Urban Estate, complies with the subarea plan. Zoning The proposed zoning for this annexation is the Urban Estate (U-E) zone district. The City of Fort Collins Land Use Code describes this zone district as follows: “Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands.” Additionally, staff recommends that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. 13 Packet Pg. 168 Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Current Zoning Map (PDF) 2. Structure Plan Map (PDF) 13 Packet Pg. 169 ATTACHMENT 1 13.1 Packet Pg. 170 Attachment: Current Zoning Map (6436 : Water Treatment Facility Annexation No 1 ZONE) ATTACHMENT 2 13.2 Packet Pg. 171 Attachment: Structure Plan Map (6436 : Water Treatment Facility Annexation No 1 ZONE) -1- ORDINANCE NO. 024, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WATER TREATMENT FACILITY ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on January 18, 2018, unanimously recommended zoning the property to be known as the Water Treatment Facility Annexation No. 1 (the “Property”) as Urban Estate (“U- E”) zone district as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the Property in the Urban Estate (“U-E”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING Packet Pg. 172 -2- MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE N77°23'52"W, A DISTANCE OF 150.27 FEET; THENCE N79°31'38"E, A DISTANCE OF 149.72 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WEST BOUNDARY OF SAID MOUNTAIN VIEW SCHOOL ANNEXATION; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,409 SQUARE FEET (0.101 ACRES), MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 173 -3- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 174 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Water Treatment Facility Annexation No. 2. EXECUTIVE SUMMARY A. Resolution 2018-010 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 025, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 2 consists of 0.380-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing Water Treatment Facility Annexation No. 1. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Water Treatment Facility Annexations are part of a funded, 2016-2018 Budgeting for Outcomes (BFO) offer that will enable the Fort Collins Water Treatment Facility to construct a reliable underground electric power system supplied by Fort Collins Utilities Light and Power Department. Since the Fort Collins Water Treatment Facility is in unincorporated Larimer County, the Fort Collins Light and Power Utility cannot assume jurisdictional service rights from the existing service provider, Xcel Energy. Upon annexation of the subject properties, the City Water Treatment Facility will be eligible to receive Light and Power Utilities service. After annexation, the extension of underground utility service to the facility will be scheduled. Pursuant to the approval of the above mentioned BFO offer, the City of Fort Collins has submitted a written petition requesting four sequential annexations known collectively as the Water Treatment Facility Annexations. The 104 acres of land within the annexations includes the unincorporated Laporte Avenue right- 14 Packet Pg. 175 Agenda Item 14 Item # 14 Page 2 of-way west of current City limits and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. Contiguity The land within Annexation No. 2 consists of 0.380-acres of Laporte Avenue right-of-way. Water Treatment Facility Annexation No. 2 has 17.65% of its perimeter boundary contiguous with City limits from a common boundary with Water Treatment Facility Annexation No. 1, thus satisfying the state requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. Enclave Implications Annexing this 0.380-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On October 17, 2017, City Council unanimously adopted Resolutions 2017-092, 2017-093, 2017-094 and 2017-095, initiating a series of annexations of right-of-way and the City-owned property located at 4316 Laporte Avenue upon which the Fort Collins Water Treatment Facility operates. The Resolutions were later rescinded on November 7, 2017 to address additional notification requirements specific to “flagpole” annexations as defined by Colorado Revised Statutes. A letter was sent 90 days prior to First Reading to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has since expired. On December 19, 2017, City Council approved a series of resolutions that accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Water Treatment Facility Annexation No. 2. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All other notification requirements as required by state and local law have been met. ATTACHMENTS 1. Vicinity Overview Map (PDF) 2. Annexation No. 2 Vicinity Map (PDF) 14 Packet Pg. 176 Lee Lake P l e asa n t V a l l e y a n d La k e C a n a l COMMUNITY POUDRE ACADEMY POUDRE SR HIGH ADMINISTRATION PSD W Vine Dr S Overland Trl Laporte Ave N Overland Trl 0 470880 940 1, Feet 4 Fort Collins GMA Water Treatment Facility Annexations Water Treatmen t Facility Vicinity Annexations No. 1, 2, 3 and 4 Annexation No. 3 Annexation No. 4 Annexation No. 2 Annexation No. 1 Date Saved: 10/17/2017 12:37:48 PM Sunset St Growth Management Area Boundary ATTACHMENT 1 14.1 Packet Pg. 177 Attachment: Vicinity Overview Map (6433 : Water Treatment Facility Annexation No 2) COMMUNITY POUDRE ACADEMY ADMINISTRATION PSD 0 65 130 260 Feet 4 Water Treatment Facility Annexation No. 2 Annexation No. 2 Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM Laporte Ave Sunset St Sunset St ATTACHMENT 2 14.2 Packet Pg. 178 Attachment: Annexation No. 2 Vicinity Map (6433 : Water Treatment Facility Annexation No 2) -1- RESOLUTION 2018-010 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WATER TREATMENT FACILITY ANNEXATION NO. 2 WHEREAS, pursuant to Resolution 2017-108, annexation proceedings were initiated by the City Council for property to be known as the Water Treatment Facility Annexation No. 2 (the “Property”); and WHEREAS, following notice given as required by law, the City Council will hold a hearing on said annexation on February 6, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 179 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 180 -1- ORDINANCE NO. 025, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-108, finding substantial compliance and initiating annexation proceedings for the Water Treatment Facility Annexation No. 2, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-010 setting forth findings of fact and determinations regarding the Water Treatment Facility Annexation No. 2 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Water Treatment Facility Annexation No. 2 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2017-108 and Resolution 2018-010 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST Packet Pg. 181 -2- BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N86°27'28"W, A DISTANCE OF 700.00 FEET; THENCE N88°37'40"E, A DISTANCE OF 699.44 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 1; THENCE ALONG SAID WESTERLY BOUNDARY, S79°31'38"W, A DISTANCE OF 149.72 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S77°23'52"E, A DISTANCE OF 150.27 FEET TO THE POINT OF BEGINNING. CONTAINING 16,563 SQUARE FEET (0.380 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Water Treatment Facility Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 182 -3- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 183 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 026, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the second of four sequential annexations, known as the Water Treatment Facility Annexation No.2. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U- E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 1 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Urban Estate (U-E), which conforms to the larger surrounding area of existing single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County FA Existing single-family residential S County FA Existing single-family residential E City Urban Estate (U-E) Laporte Avenue right-of-way (Water Treatment Facility Annexation No. 1) W County FA Laporte Avenue right-of-way Northwest Subarea Plan The tract of land is located within the Northwest Subarea Plan area. The Plan was adopted in 2006 and covers an area of approximately 4.3 square miles of northwest Fort Collins and Larimer County within the Growth Management Area. The Plan states: 15 Packet Pg. 184 Agenda Item 15 Item # 15 Page 2 “The Urban Estate designation for this area is consistent with the City’s current Structure Plan designation. Existing subdivisions within the Central Area have established a low-density residential pattern. Continuation of Urban Estate development here will help safeguard the character of these existing neighborhoods. The level of development and natural features in this area do not make land conservation within the Central area as high a priority as in the area west of Overland Trail and along Poudre River. Clustering of new development is optional and would be one means of achieving trail connections through the neighborhoods, an important goal of this Plan. In addition, residential development should be sited and designed to provide private and public open space and should be wildlife friendly.” According to the Northwest Subarea Plan Land Use Map, the subject tract of land should be placed into the Urban Estate zone district. The proposed zoning, U-E, Urban Estate, complies with the subarea plan. Zoning The proposed zoning for this annexation is the Urban Estate (U-E) zone district. The City of Fort Collins Land Use Code describes this zone district as follows: “Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands.” Additionally, staff is recommending that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its January 8, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Current Zoning Map (PDF) 2. Structure Plan Map (PDF) 15 Packet Pg. 185 ATTACHMENT 1 15.1 Packet Pg. 186 Attachment: Current Zoning Map (6437 : Water Treatment Facility Annexation No. 2 ZONE) ATTACHMENT 2 15.2 Packet Pg. 187 Attachment: Structure Plan Map (6437 : Water Treatment Facility Annexation No. 2 ZONE) -1- ORDINANCE NO, 026, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WATER TREATMENT FACILITY ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on January 18, 2018, unanimously recommended zoning the property to be known as the Water Treatment Facility Annexation No. 2 (the “Property”) as Urban Estate (“UE”) zone district as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the Property in the Urban Estate (“U-E”) Zone District as more particularly described as: Packet Pg. 188 -2- A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N86°27'28"W, A DISTANCE OF 700.00 FEET; THENCE N88°37'40"E, A DISTANCE OF 699.44 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 1; THENCE ALONG SAID WESTERLY BOUNDARY, S79°31'38"W, A DISTANCE OF 149.72 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S77°23'52"E, A DISTANCE OF 150.27 FEET TO THE POINT OF BEGINNING. CONTAINING 16,563 SQUARE FEET (0.380 ACRES), MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 189 -3- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 190 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Water Treatment Facility Annexation No. 3. EXECUTIVE SUMMARY A. Resolution 2018-011 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 027, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 3 consists of 1.182-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 2. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Water Treatment Facility Annexations are part of a funded, 2016-2018 Budgeting for Outcomes (BFO) offer that will enable the Fort Collins Water Treatment Facility to construct a reliable underground electric power system supplied by Fort Collins Utilities Light and Power Department. Since the Fort Collins Water Treatment Facility is in unincorporated Larimer County, the Fort Collins Light and Power Utility cannot assume jurisdictional service rights from the existing service provider, Xcel Energy. Upon annexation of the subject properties, the City Water Treatment Facility will be eligible to receive Light and Power Utilities service. After annexation, the extension of underground utility service to the facility will be scheduled. Pursuant to the approval of the above mentioned BFO offer, the City of Fort Collins has submitted a written petition requesting four sequential annexations known collectively as the Water Treatment Facility Annexations. The 104 acres of land within the annexations includes the unincorporated Laporte Avenue right- of-way west of current City limits and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. 16 Packet Pg. 191 Agenda Item 16 Item # 16 Page 2 Contiguity The land within Annexation No. 3 consists of 1.182-acres of Laporte Avenue right-of-way. Water Treatment Facility Annexation No. 3 has 22.46% of its perimeter boundary contiguous with City limits from a common boundary of Water Treatment Facility Annexation No. 2, thus satisfying the state requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. Enclave Implications Annexing this 1.182-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On October 17, 2017, City Council unanimously adopted Resolutions 2017-092, 2017-093, 2017-094 and 2017-095, initiating a series of annexations of right-of-way and the City-owned property located at 4316 Laporte Avenue upon which the Fort Collins Water Treatment Facility operates. The Resolutions were later rescinded on November 7, 2017 to address additional notification requirements specific to “flagpole” annexations as defined by Colorado Revised Statutes. A letter was sent 90-days prior to First Reading to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has since expired. On December 19, 2017, City Council approved a series of resolutions that accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Water Treatment Facility Annexation No. 3. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All other notification requirements as required by state and local law have been met. ATTACHMENTS 1. Vicinity Overview Map (PDF) 2. Annexation No. 3 Vicinity Map (PDF) 16 Packet Pg. 192 Lee Lake P l e asa n t V a l l e y a n d La k e C a n a l COMMUNITY POUDRE ACADEMY POUDRE SR HIGH ADMINISTRATION PSD W Vine Dr S Overland Trl Laporte Ave N Overland Trl 0 470880 940 1, Feet 4 Fort Collins GMA Water Treatment Facility Annexations Water Treatmen t Facility Vicinity Annexations No. 1, 2, 3 and 4 Annexation No. 3 Annexation No. 4 Annexation No. 2 Annexation No. 1 Date Saved: 10/17/2017 12:37:48 PM Sunset St Growth Management Area Boundary ATTACHMENT 1 16.1 Packet Pg. 193 Attachment: Vicinity Overview Map (6434 : Water Treatment Facility Annexation No. 3) COMMUNITY POUDRE ACADEMY 0 125 250 500 Feet 4 Water Treatment Facility Annexation No. 3 Annexation No. 3 Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM Laporte Ave Hollywood St Sunset St Overland Trail ATTACHMENT 2 16.2 Packet Pg. 194 Attachment: Annexation No. 3 Vicinity Map (6434 : Water Treatment Facility Annexation No. 3) -1- RESOLUTION 2018-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WATER TREATMENT FACILITY ANNEXATION NO. 3 WHEREAS, pursuant to Resolution 2017-109, annexation proceedings were initiated by the City Council for property to be known as the Water Treatment Facility Annexation No. 3 (the “Property”); and WHEREAS, following notice given as required by law, the City Council will hold a hearing on said annexation on February 6, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 195 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 196 -1- ORDINANCE NO. 027, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-109, finding substantial compliance and initiating annexation proceedings for the Water Treatment Facility Annexation No. 3, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-011 setting forth findings of fact and determinations regarding the Water Treatment Facility Annexation No. 3 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Water Treatment Facility Annexation No. 3 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2017-109 and Resolution 2018-011 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST Packet Pg. 197 -2- BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N88°12'10"W, A DISTANCE OF 2,416.49 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE S89°37'32"E, A DISTANCE OF 2,415.93 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 2; THENCE ALONG SAID WESTERLY BOUNDARY, S88°37'40"W, A DISTANCE OF 699.44 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S86°27'28"E, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. CONTAINING 51,508 SQUARE FEET (1.182 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Water Treatment Facility Annexation No. 3, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 198 -3- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 199 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the third of four sequential annexations, known as the Water Treatment Facility Annexation No. 3. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 2 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Urban Estate (U-E), which conforms to the larger surrounding area of existing single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County FA Existing single-family residential S County FA Existing single-family residential E City Urban Estate (U-E) Laporte Avenue right-of-way (Water Treatment Facility Annexation No. 2) W County FA Laporte Avenue right-of-way Northwest Subarea Plan The tract of land is located within the Northwest Subarea Plan area. The Plan was adopted in 2006 and covers an area of approximately 4.3 square miles of northwest Fort Collins and Larimer County within the Growth Management Area. The Plan states: 17 Packet Pg. 200 Agenda Item 17 Item # 17 Page 2 “The Urban Estate designation for this area is consistent with the City’s current Structure Plan designation. Existing subdivisions within the Central Area have established a low-density residential pattern. Continuation of Urban Estate development here will help safeguard the character of these existing neighborhoods. The level of development and natural features in this area do not make land conservation within the Central area as high a priority as in the area west of Overland Trail and along Poudre River. Clustering of new development is optional and would be one means of achieving trail connections through the neighborhoods, an important goal of this Plan. In addition, residential development should be sited and designed to provide private and public open space and should be wildlife friendly.” According to the Northwest Subarea Plan Land Use Map, the subject tract of land should be placed into the Urban Estate zone district. The proposed zoning, U-E, Urban Estate, complies with the subarea plan. Zoning The proposed zoning for this annexation is the Urban Estate (U-E) zone district. The City of Fort Collins Land Use Code describes this zone district as follows: “Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands.” Additionally, staff is recommending that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90 days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Current Zoning Map (PDF) 2. Structure Plan Map (PDF) 17 Packet Pg. 201 ATTACHMENT 1 17.1 Packet Pg. 202 Attachment: Current Zoning Map (6438 : Water Treatment Facility Annexation No. 3 ZONE) ATTACHMENT 2 17.2 Packet Pg. 203 Attachment: Structure Plan Map (6438 : Water Treatment Facility Annexation No. 3 ZONE) -1- ORDINANCE NO. 028, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WATER TREATMENT FACILITY ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on January 18, 2018, unanimously recommended zoning the property to be known as the Water Treatment Facility Annexation No. 3 (the “Property”) as Urban Estate (“U- E”) zone district as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the Property in the Urban Estate (“U-E”) Zone District as more particularly described as: Packet Pg. 204 -2- A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N88°12'10"W, A DISTANCE OF 2,416.49 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE S89°37'32"E, A DISTANCE OF 2,415.93 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 2; THENCE ALONG SAID WESTERLY BOUNDARY, S88°37'40"W, A DISTANCE OF 699.44 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S86°27'28"E, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. CONTAINING 51,508 SQUARE FEET (1.182 ACRES), MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 205 -3- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 206 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Water Treatment Facility Annexation No. 4. EXECUTIVE SUMMARY A. Resolution 2018-012 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 4. B. Public Hearing and First Reading of Ordinance No. 029, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado. The purpose of this item is to annex the fourth and final tract of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. Furthermore, the annexation establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4 annexation lies in large part outside the Growth Management Area (GMA) boundary. Water Treatment Facility Annexation No. 4 is located west of North Overland Trail and continues approximately to the Horsetooth Reservoir. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Water Treatment Facility Annexations are part of a funded, 2016-2018 Budgeting for Outcomes (BFO) offer that will enable the Fort Collins Water Treatment Facility to construct a reliable underground electric power system supplied by Fort Collins Utilities Light and Power Department. Since the Fort Collins Water Treatment Facility is in unincorporated Larimer County, the Fort Collins Light and Power Utility cannot assume jurisdictional service rights from the existing service provider, Xcel Energy. Upon annexation of the subject properties, the City Water Treatment Facility will be eligible to receive Light and Power Utilities service. After annexation, the extension of underground utility service to the facility will be scheduled. 18 Packet Pg. 207 Agenda Item 18 Item # 18 Page 2 Pursuant to the approval of the above mentioned BFO offer, the City of Fort Collins has submitted a written petition requesting four sequential annexations known collectively as the Water Treatment Facility Annexations. The 104 acres of land within the annexations includes the unincorporated Laporte Avenue right- of-way west of current City limits and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. Growth Management Area An overwhelming portion of the Water Treatment Facility Annexation No. 4 is located outside the established Growth Management Area. Pursuant to Section 1(8)(F) contained within the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins, at its sole discretion, may annex outside the Fort Collins GMA. Notification to the Board of County Commissioners for review and comment was completed on October 17, 2017 and follow-up comments were provided by the Larimer County Planning Department on November 22, 2017 in which no concerns were raised. (Attachment 4) Contiguity The land within Annexation No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and the parcels which wholly contain the Fort Collins Water Treatment Facility. Water Treatment Facility Annexation No. 4 has 17.89% of its perimeter boundary contiguous with City limits from the common boundary of Water Treatment Facility Annexation No. 3, thus satisfying the state requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. Enclave Implications Annexing this 102.825-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On October 17, 2017, City Council unanimously adopted Resolutions 2017-092, 2017-093, 2017-094 and 2017-095, initiating a series of annexations of right-of-way and the City-owned property located at 4316 Laporte Avenue upon which the Fort Collins Water Treatment Facility operates. The Resolutions were later rescinded on November 7, 2017 to address additional notification requirements specific to “flagpole” annexations as defined by Colorado Revised Statutes. A letter was sent 90 days prior to First Reading to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has since expired. On December 19, 2017, City Council approved a series of resolutions that accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Water Treatment Facility Annexation No. 4. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. 18 Packet Pg. 208 Agenda Item 18 Item # 18 Page 3 PUBLIC OUTREACH A letter was sent 90 days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All other notification requirements as required by state and local law have been met. ATTACHMENTS 1. Vicinity Overview Map (PDF) 2. Annexation No. 4 Vicinity Map (PDF) 3. Growth Management Area County Commissioner Notice (PDF) 4. Larimer County Response (PDF) 18 Packet Pg. 209 Lee Lake P l e asa n t V a l l e y a n d La k e C a n a l COMMUNITY POUDRE ACADEMY POUDRE SR HIGH ADMINISTRATION PSD W Vine Dr S Overland Trl Laporte Ave N Overland Trl 0 470880 940 1, Feet 4 Fort Collins GMA Water Treatment Facility Annexations Water Treatmen t Facility Vicinity Annexations No. 1, 2, 3 and 4 Annexation No. 3 Annexation No. 4 Annexation No. 2 Annexation No. 1 Date Saved: 10/17/2017 12:37:48 PM Sunset St Growth Management Area Boundary ATTACHMENT 1 18.1 Packet Pg. 210 Attachment: Vicinity Overview Map (6435 : Water Treatment Facility Annexation No. 4) P l e asa n t V a l l e y a n d La k e C a n a l C o l leg e L ak e P l e asa n t V a l l e y a n d La k e C a n a l C o l leg e L ak e Planning, Development & Transportation Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 NOTICE October 17, 2017 Dear County Commissioners, Pursuant to Larimer County and the City of Fort Collins Intergovernmental Agreements, Section 1, Subsection 8(F) the City of Fort Collins hereby provides notice to the County Commissioners of the City’s intent to annex outside the Growth Management Area. The Water Treatment Facility Annexations are part of a project that will allow the Facility to construct a reliable underground electric power to be supplied by Fort Collins Utilities – Light and Power Department. A copy of this annexation has already been provided to Larimer County Planning Department on September 25, 2017. First round of review ended on October 11, 2017; however, any additional comments may be submitted before the scheduled, November 21, 2017 First Hearing. Sincerely, Kai Kleer Associate Planner 970-416-4284 kkleer@fcgov.com ATTACHMENT 3 18.3 Packet Pg. 212 Attachment: Growth Management Area County Commissioner Notice (6435 : Water Treatment Facility Annexation No. 4) 2 18.3 Packet Pg. 213 Attachment: Growth Management Area County Commissioner Notice (6435 : Water Treatment Facility Annexation No. 4) C:\Users\sagonzales\AppData\Roaming\IQM2\MinuteTraq\fortcollinscityco@fortcollinscityco.IQM2.com\Work\Attachments\11862. doc November 22, 2017 Kai Kleer City of Fort Collins Planning Department PO Box 580 Ft. Collins CO 80522 RE: Water Treatment Facility Annexations No. 1, 2, 3 and 4 Kai, This letter acknowledges receipt of the Petition for the above proposed annexation to the City of Fort Collins. This week, staff from the Larimer County Planning, Engineering and Health Departments met to review these materials. We have no issues with this annexation proposal. Please contact me in you have any questions, 498-7680, or email dkunis@larimer.org. Sincerely, Dan Kunis GIS Specialist Larimer County Planning Department 498-7680 COMMUNITY DEVELOPMENT DIVISION P.O. Box 1190 Fort Collins, CO 80522-1190 Planning (970) 498-7683 Planning Fax (970) 498-7711 Building (970) 498-7700 Building Fax (970) 498-7667 http://www. larimer.org/building ATTACHMENT 4 18.4 Packet Pg. 214 Attachment: Larimer County Response (6435 : Water Treatment Facility Annexation No. 4) -1- RESOLUTION 2018-012 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WATER TREATMENT FACILITY ANNEXATION NO. 4 WHEREAS, pursuant to Resolution 2017-110, annexation proceedings were initiated by the City Council for property to be known as the Water Treatment Facility Annexation No. 4 (the “Property”); and WHEREAS, following notice given as required by law, the City Council will hold a hearing on said annexation on February 6, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 215 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 216 -1- ORDINANCE NO. 029, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY ANNEXATION NO. 4 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-110, finding substantial compliance and initiating annexation proceedings for the Water Treatment Facility Annexation No. 4, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-012 setting forth findings of fact and determinations regarding the Water Treatment Facility Annexation No. 4 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Water Treatment Facility Annexation No. 4 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2017-110 and Resolution 2018-012 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, IN SECTION 8, AND IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; Packet Pg. 217 -2- THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N88°54'50"W, A DISTANCE OF 1,762.43 FEET; 2. S00°23'29"W, A DISTANCE OF 10.00 FEET; 3. N88°54'50"W, A DISTANCE OF 588.26 FEET; 4. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°45'15", AND A CHORD WHICH BEARS S45°42'32"W A DISTANCE OF 21.35 FEET; THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W, A DISTANCE OF 107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE SOUTHERLY RIGHT- OF-WAY LINE OF LAPORTE AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8) COURSES: 1. S88°50'59"W, A DISTANCE OF 255.48 FEET; 2. N87°52'23"W, A DISTANCE OF 536.14 FEET; 3. N01°36'58"W, A DISTANCE OF 11.68 FEET; 4. S88°14'24"W, A DISTANCE OF 496.33 FEET; 5. S87°43'40"W, A DISTANCE OF 2,025.35 FEET; 6. ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED OCTOBER 30, 1963 IN BOOK 1226, PAGE 127, N75°57'18"W, A DISTANCE OF 996.25 FEET; 7. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127, N85°44'28"W, A DISTANCE OF 966.93 FEET; 8. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, N85°51'13"W, A DISTANCE OF 1,287.07 FEET; THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127 THE FOLLOWING FOUR (4) COURSES: 1. S00°47'02"W, A DISTANCE OF 278.19 FEET; 2. N89°12'58"W, A DISTANCE OF 60.00 FEET; 3. N00°47'02"E, A DISTANCE OF 1,110.00 FEET; 4. S89°12'58"E, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE INTERGOVERNMENTAL AGREEMENT RECORDED MARCH 20, 1980 IN BOOK 2032, PAGE 855; THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JULY 3, 1984 IN BOOK 2278, PAGE 2163, N00°47'02"E, A DISTANCE OF 921.83 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2278, PAGE 2163, N89°18'09"E, A DISTANCE OF 1,819.07 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN Packet Pg. 218 -3- BOOK 2278, PAGE 2163 AND ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE 855, S11°53'09"E, A DISTANCE OF 1,000.96 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED TO PLATTE RIVER POWER AUTHORITY RECORDED FEBRUARY 10, 1981 IN BOOK 2104, PAGE 896; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY BOUNDARIES OF SAID TRACT THE FOLLOWING THREE (3) COURSES: 1. S78°06'51"W, A DISTANCE OF 175.01 FEET; 2. S11°53'09"E, A DISTANCE OF 175.00 FEET; 3. N78°06'51"E, A DISTANCE OF 173.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE 855; THENCE ALONG SAID EASTERLY LINE, S10°51'20"E, A DISTANCE OF 15.10 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, S49°14'02"E, A DISTANCE OF 1,450.69 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF LAPORTE AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING ELEVEN (11) COURSES: 1. S75°57'18"E, A DISTANCE OF 36.44 FEET; 2. N87°43'40"E, A DISTANCE OF 1,584.77 FEET; 3. N00°26'54"E, A DISTANCE OF 20.43 FEET; 4. S85°38'55"E, A DISTANCE OF 188.73 FEET; 5. N87°22'37"E, A DISTANCE OF 263.57 FEET; 6. N88°23'15"E, A DISTANCE OF 654.58 FEET; 7. N00°20'15"E, A DISTANCE OF 9.18 FEET; 8. N88°23'15"E, A DISTANCE OF 325.79 FEET; 9. S00°20'14"W, A DISTANCE OF 4.99 FEET; 10. N88°23'15"E, A DISTANCE OF 246.47 FEET; 11. N54°50'50"E, A DISTANCE OF 72.56 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND TRAIL; THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S69°04'07"E, A DISTANCE OF 90.46 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE NORTHERLY RIGHT- OF-WAY LINE OF LAPORTE AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S69°19'37"E, A DISTANCE OF 26.19 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S88°54'50"E, A DISTANCE OF 2,345.88 FEET TO ITS INTERSECTION WITH THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 3; THENCE ALONG SAID WESTERLY BOUNDARY, N89°37'32"W, A DISTANCE OF 2,415.93 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S88°12'10"E, A DISTANCE OF 2,416.49 FEET TO THE POINT OF BEGINNING. Packet Pg. 219 -4- CONTAINING 102.825 ACRES, MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Water Treatment Facility Annexation No. 4, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 220 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 030, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the fourth of four sequential annexations, known as the Water Treatment Facility Annexation No. 4. Water Treatment Facility Annexation No. 4 is located between Hollywood Street and the Horsetooth Reservoir. The proposed zoning for this annexation is Urban Estate (U- E) and Residential Foothills (R-F). The surrounding properties are existing residential, municipal facilities, state college facilities, and federal facilities currently zoned FA-Farming and O-Open Zone Districts in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 3 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for all portions of the Water Treatment Facility Annexation No. 4 east of North Overland Trail is Urban Estate (U-E) and all portions west of North Overland Trail is Residential Foothills (R-F). Furthermore, the requested zoning conforms to the larger surrounding area of existing single-family residential homes, municipal facilities, state college facilities, and federal facilities. The surrounding land uses are as follows: Zoning Land Use N County FA Existing single-family residential, National Guard Facility, Colorado State University Facilities S County FA Existing single-family residential, Colorado State University Facilities E City Urban Estate (U-E) Laporte Avenue right-of-way (Water Treatment Facility Annexation No. 3) W County FA Horsetooth Reservoir, Soldier Canyon Water Treatment Facility 19 Packet Pg. 221 Agenda Item 19 Item # 19 Page 2 Northwest Subarea Plan A portion of Annexation No. 4 that is within the Growth Management Area is part of the Northwest Subarea Planning area. The Plan was adopted in 2006 and covers an area of approximately 4.3 square miles of northwest Fort Collins and Larimer County within the Growth Management Area. The Urban Estate and Residential Foothills zone districts as follows: “The Urban Estate designation for this area is consistent with the City’s current Structure Plan designation. Existing subdivisions within the Central Area have established a low-density residential pattern. Continuation of Urban Estate development here will help safeguard the character of these existing neighborhoods. The level of development and natural features in this area do not make land conservation within the Central area as high a priority as in the area west of Overland Trail and along Poudre River. Clustering of new development is optional and would be one means of achieving trail connections through the neighborhoods, an important goal of this Plan. In addition, residential development should be sited and designed to provide private and public open space and should be wildlife friendly.” “The Residential Foothills (RF) designation within this area helps achieve a number of goals of the community while balancing property owner interests, including allowing low density residential development pattern that is appropriate in an urban/rural transition area. The RF designation west of Overland Trail adjacent to the Foothills will help retain views of mountains and provide contiguous open space and access to foothills. It also allows opportunities to protect natural features, including marsh and wet meadows and riparian forests, which are frequented by a variety of wildlife. Base density is the same as underlying County zoning; however, the one-unit per acre overall density with cluster development allows higher density than current County zoning of one (1) unit per 2.29 acres. The Residential Foothills category also helps “feather.” According to the Northwest Subarea Plan Land Use Map, the subject tract of land should be placed into the Urban Estate zone district east of North Overland Trail and Residential Foothills west of North Overland Trail. The proposed zoning, U-E, Urban Estate and R-F, Residential Foothills complies with the subarea plan. Zoning The proposed zoning for this annexation is the Urban Estate (U-E) and Residential Foothills (R-F) zone districts. The City of Fort Collins Land Use Code describes this zone districts as follows: “Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands.” “Purpose. The Residential Foothills District designation is for low density residential areas located near the foothills.” Additionally, staff is recommending that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. 19 Packet Pg. 222 Agenda Item 19 Item # 19 Page 3 BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) and Residential Foothills (RF) Zone Districts. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Current Zoning Map (PDF) 2. Structure Plan Map (PDF) 19 Packet Pg. 223 ATTACHMENT 1 19.1 Packet Pg. 224 Attachment: Current Zoning Map (6439 : Water Treatment Facility Annexation No. 4 ZONE) ATTACHMENT 2 19.2 Packet Pg. 225 Attachment: Structure Plan Map (6439 : Water Treatment Facility Annexation No. 4 ZONE) -1- ORDINANCE NO. 030, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WATER TREATMENT FACILITY ANNEXATION NO. 4 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on January 18, 2018, unanimously recommended zoning the property to be known as the Water Treatment Facility Annexation No. 4 (the “Property”) as Urban Estate (“U- E”) and Residential Foothills (“R-F”) zone districts as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the Property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the Property in the Urban Estate (“U-E”) Zone District as more particularly described as: Packet Pg. 226 -2- A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9 AND THE EAST HALF OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N88°54'50"W, A DISTANCE OF 1,762.43 FEET; 2. S00°23'29"W, A DISTANCE OF 10.00 FEET; 3. N88°54'50"W, A DISTANCE OF 588.26 FEET; 4. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°45'15", AND A CHORD WHICH BEARS S45°42'32"W A DISTANCE OF 21.35 FEET; THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W, A DISTANCE OF 107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE SOUTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE CROSSING THE RIGHT OF WAY OF LAPORTE AVENUE, N05°52’33"E, A DISTANCE OF 153.49 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE NORTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S69°04'07"E, A DISTANCE OF 90.46 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE NORTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S69°19'37"E, A DISTANCE OF 26.19 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S88°54'50"E, A DISTANCE OF 2,345.88 FEET TO A POINT ON THE WEST BOUNDARY OF SAID MOUNTAIN VIEW SCHOOL ANNEXATION; THENCE N89°37’32"W, A DISTANCE OF 2415.93 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE S88°12’10"E, A DISTANCE OF 2416.49 FEET TO THE POINT OF BEGINNING. CONTAINING 2.008 ACRES, MORE OR LESS Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the Property in the Residential Foothills (“R-F”) Zone District as more particularly described as: Packet Pg. 227 -3- A TRACT OF LAND LOCATED IN SECTION 8 AND THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 5. N88°54'50"W, A DISTANCE OF 1,762.43 FEET; 6. S00°23'29"W, A DISTANCE OF 10.00 FEET; 7. N88°54'50"W, A DISTANCE OF 588.26 FEET; 8. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°45'15", AND A CHORD WHICH BEARS S45°42'32"W A DISTANCE OF 21.35 FEET; THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W, A DISTANCE OF 107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE SOUTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8) COURSES: 1. S88°50'59"W, A DISTANCE OF 255.48 FEET; 2. N87°52'23"W, A DISTANCE OF 536.14 FEET; 3. N01°36'58"W, A DISTANCE OF 11.68 FEET; 4. S88°14'24"W, A DISTANCE OF 496.33 FEET; 5. S87°43'40"W, A DISTANCE OF 2,025.35 FEET; 6. ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED OCTOBER 30, 1963 IN BOOK 1226, PAGE 127, N75°57'18"W, A DISTANCE OF 996.25 FEET; 7. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127, N85°44'28"W, A DISTANCE OF 966.93 FEET; 8. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127, N85°51'13"W, A DISTANCE OF 1,287.07 FEET; THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK 1226, PAGE 127 THE FOLLOWING FOUR (4) COURSES: Packet Pg. 228 -4- 1. S00°47'02"W, A DISTANCE OF 278.19 FEET; 2. N89°12'58"W, A DISTANCE OF 60.00 FEET; 3. N00°47'02"E, A DISTANCE OF 1,110.00 FEET; 4. S89°12'58"E, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE INTERGOVERNMENTAL AGREEMENT RECORDED MARCH 20, 1980 IN BOOK 2032, PAGE 855; THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JULY 3, 1984 IN BOOK 2278, PAGE 2163, N00°47'02"E, A DISTANCE OF 921.83 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2278, PAGE 2163, N89°18'09"E, A DISTANCE OF 1,819.07 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2278, PAGE 2163 AND ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE 855, S11°53'09"E, A DISTANCE OF 1,000.96 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED TO PLATTE RIVER POWER AUTHORITY RECORDED FEBRUARY 10, 1981 IN BOOK 2104, PAGE 896; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY BOUNDARIES OF SAID TRACT THE FOLLOWING THREE (3) COURSES: 1. S78°06'51"W, A DISTANCE OF 175.01 FEET; 2. S11°53'09"E, A DISTANCE OF 175.00 FEET; 3. N78°06'51"E, A DISTANCE OF 173.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE 855; THENCE ALONG SAID EASTERLY LINE, S10°51'20"E, A DISTANCE OF 15.10 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, S49°14'02"E, A DISTANCE OF 1,450.69 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING ELEVEN (11) COURSES: 1. S75°57'18"E, A DISTANCE OF 36.44 FEET; 2. N87°43'40"E, A DISTANCE OF 1,584.77 FEET; 3. N00°26'54"E, A DISTANCE OF 20.43 FEET; 4. S85°38'55"E, A DISTANCE OF 188.73 FEET; 5. N87°22'37"E, A DISTANCE OF 263.57 FEET; 6. N88°23'15"E, A DISTANCE OF 654.58 FEET; 7. N00°20'15"E, A DISTANCE OF 9.18 FEET; 8. N88°23'15"E, A DISTANCE OF 325.79 FEET; 9. S00°20'14"W, A DISTANCE OF 4.99 FEET; 10. N88°23'15"E, A DISTANCE OF 246.47 FEET; 11. N54°50'50"E, A DISTANCE OF 72.56 FEET TO THE POINT OF INTERSECTION OF THE WEST Packet Pg. 229 -5- RIGHT-OF-WAY LINE OF OVERLAND TRAIL; THENCE CROSSING THE RIGHT OF WAY OF LAPORTE AVENUE, S05°52’33"W, A DISTANCE OF 153.49 FEET TO THE POINT OF BEGINNING; CONTAINING 100.817 ACRES Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 230 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council WITHDRAWN FROM CONSIDERATION STAFF Patrick Rowe, Redevelopment Program Coordinator John Duval, Legal SUBJECT Resolution 2018-013 Approving an Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements. EXECUTIVE SUMMARY The purpose of this item is the approval of an intergovernmental agreement between the City of Fort Collins (City) and the Fort Collins Urban Renewal Authority (URA), which memorializes the terms of acceptance of $300,000 in URA support for the City’s Whitewater Park Project. The URA investment is provided in recognition of project benefits that will accrue to the North College URA plan area as a result of the project. Note: The URA Board will consider the Whitewater Park Project request the same evening this item is considered. Should the URA Board not support the Whitewater Park Project request, the intergovernmental agreement will not be entered into by the City and URA. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Whitewater Park Project Description The Whitewater Park is a planned 12.5-acre park that includes world class whitewater features, park gathering spaces, river overlooks, fish passage and habitat, stormwater improvements and restoration of the area. The project will include many items beyond the whitewater features, such as art in public places, road improvements, parking, pedestrian circulation, gathering spaces, wetlands and restoration, historic preservation and interpretation, removing the Coy diversion structure and south bank walls, cleaning up industrial properties, and creating a stormwater basin that returns water to the river. The project also includes a layout that supports future trails, pedestrian bridge, and an upper terrace gathering space that can be enhanced without the need for Federal Emergency Management Agency or US Corps of Engineers permitting. Project Funding The Whitewater Park project has funding sources of $9,018,000 and a budget of $9,647,000. The primary source of funding for the project is the CCIP (Community Capital Improvement Program), which is contributing $4M of the approximate $9M available. As the amount provided from CCIP was less than necessary to fund the project, it was determined during the CCIP funding process that participating City departments would contribute funds to allow the project to move forward. That effort resulted in $1M contributions from Stormwater, $1M from Natural Areas, and $1M from the General Fund (2015), in addition to the $1.5M of private and public fundraising funds. Agenda Item 20 Item # 20 Page 2 This provided a total of $8.5M of funding for the project. As the site will provide a neighborhood park use for the adjacent Old Town North Neighborhood, Park Planning contributed $400,000 towards the purchase of one of the available properties, and the fundraising group raised an additional $100,000, resulting in the total funding available of approximately $9M. Project Funding Sources Amount Community Capital Improvement Project $4,000,000 Natural Areas $1,000,000 Stormwater $1,000,000 General Fund (2015) $1,000,000 Park Planning & Development $ 418,000 Public and Private Fundraising $1,600,000 Total Funding $9,018,000 Budget Category Amount Vine Drive, Parking and Storm sewer Improvements $ 513,000 Property Acquisitions and Cleanup $1,000,000 River Enhancements $3,675,000 Gathering Areas and Bridge Abutments $1,157,000 Landscape Enhancements $ 233,000 Design, Engineering and Contractor Costs $2,614,000 Contingency $ 455,000 Total Estimated Cost $9,647,000 Approximate Shortfall $ 629,000 The current funding gap of $629,000 is largely the result of the high cost of dewatering the project (approximately $700,000 - $1M) to allow for construction of the project in the river. The team is actively pursuing different means to address the funding gap, including:  Seeking $300,000 from the URA in recognition of plan area benefits;  Value engineering - largely, methods/means to reduce dewatering costs;  Use of budget contingency;  Further scaling back of the project (a last resort) - potential to eliminate bridge abutments, smaller wall at south bank overlook, etc. A $300K investment from the URA is critical as it approximately cuts the funding gap in half and makes it more feasible that the other strategies listed above will be able to bridge the remaining funding gap. Park Planning staff has made significant reductions in the scope of the project to date and is hopeful that further scaling back won’t be necessary. However, as a last resort, the Project may potentially need to eliminate the bridge abutments, redesign a smaller wall at the south bank overlook plaza, and redesign Vine Drive to eliminate parallel parking. CITY FINANCIAL IMPACTS Should the URA Board approve the Whitewater Park Project request, the City will enter into the intergovernmental agreement whereby the URA will provide the City $300,000 for the Whitewater Park Project. ATTACHMENTS 1. Location Map (PDF) _ E S uniga Rd E Wil l ox Ln W Willox Ln E Vine Dr ÕZYXW ³I _ Whitewater Park Project North College Plan Area I Location Map URA - Whitewater Park Project P oudr e R i v e r ATTACHMENT 1 20.1 Packet Pg. 233 Attachment: Location Map (6459 : Whitewater Park City Council) -1- RESOLUTION 2018-013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT COLLINS URBAN RENEWAL AUTHORITY FOR THE AUTHORITY’S CONTRIBUTION OF FUNDS TO THE CITY’S WHITEWATER PARK PROJECT FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Fort Collins (the “City”) is planning the construction of a park in the downtown area along the Poudre River, to be known as the Whitewater Park, funding for which the City’s voters approved in 2015 as part of the City’s Community Capital Improvement Program (the “CCIP”); and WHEREAS, improvements constructed for the Whitewater Park will include world class whitewater features, park gathering places, river overlooks, fish passage and habitat improvements, stormwater improvements, street and sidewalk improvements, and various other related public improvements (the “Park Project”); and WHEREAS, the City has a $9,647,000 budget for the Park Project, but has only identified $9,018,000 of available City funds for it, including $4 million of CCIP funds, $3,418,000 from other City funds, and $1.6 million from public and private fundraising, leaving a funding shortfall of $629,000 (the “Shortfall”); and WHEREAS, in 2004, the Fort Collins City Council adopted Resolution 2004-152 approving the North College Avenue Urban Renewal Plan, which it amended in 2015 in Resolution 2015-106, (the “North College Plan”); and WHEREAS, the North College Plan was adopted to facilitate the elimination and prevention of blighted areas within the plan area identified in the Plan (the “Plan Area”) by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of Plan Area properties as part of a single urban renewal project (the “North College Project”), which is administered by the Fort Collins Urban Renewal Authority (the “Authority”); and WHEREAS, the Authority’s Board of Commissioners (the “Board”) has reviewed the Park Project and identified several benefits that it will provide to the North College Project as contemplated in the North College Plan, which benefits include, without limitation: (i) improvements to portions of Vine Drive in the Plan Area, (ii) stormwater improvements that will remove several developable properties in the Plan Area from the floodway and reduce the likelihood that College Avenue in the Plan Area will overtop during a flood, and (iii) improvements that will improve connectivity between the Plan Area and downtown Fort Collins (collectively, the “Park Project Benefits”); and WHEREAS, the Board has determined that that the value of the Park Project Benefits to the Authority are significant, with a value equal to or greater than $300,000, and they represent undertakings and activities within the North College Project that will benefit the development, redevelopment and rehabilitation of properties within the Plan Area; and Packet Pg. 234 -2- WHEREAS, the Authority has therefore offered to contribute $300,000 to the Park Project to reduce the Shortfall to support construction of public improvements associated with and part of the Park Project; and WHEREAS, to memorialize this contribution, City and Authority staff have presented to this Council and the Board for their consideration the Intergovernmental Agreement attached as Exhibit “A” and incorporated herein (the “Agreement”), under which the Authority agrees to pay the City $300,000 to reduce the Shortfall to fund public improvements for the Park Project; and WHEREAS, the City and the Authority are authorized to enter into the Agreement to cooperate in the funding and construction of the Park Project pursuant to C.R.S. § 29-1-203 and the Colorado Urban Renewal Law, including, without limitation, C.R.S. § 31-25-112, and the City is further authorized to do so under City Charter Article II, Section 16. 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 Agreement is hereby approved and the Mayor is authorized to enter into the Agreement on the City’s behalf in substantially the form attached hereto as Exhibit “A,” subject to such minor modifications as the City Manager, in consultation with the City Attorney, may determine to be necessary and appropriate to protect the interests of the Authority or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. ____________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 235 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS URBAN RENEWAL AUTHORITY REGARDING THE AUTHORITY’S CONTRIBUTION OF FUNDS FOR THE WHITEWATER PARK PROJECT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this _____ day of February __, 2018, (this “Agreement”) by and between the City of Fort Collins, a Colorado home rule municipality, (the “City”) and the Fort Collins Urban Renewal Authority, a corporate body and political subdivision of the state, (the “Authority”). The City and Authority shall also hereafter be jointly referred to as “Parties” or individually as “Party.” RECITALS WHEREAS, the City is planning the construction of a park in the downtown area along the Poudre River, to be known as the Whitewater Park, funding for which the voters approved in 2015 as part of the City’s Community Capital Improvement Program (the “CCIP”); and WHEREAS, improvements constructed for the Whitewater Park will include world class whitewater features, park gathering places, river overlooks, fish passage and habitat improvements, stormwater improvements, street and sidewalk improvements, and various other related public improvements (the “Park Project”); and WHEREAS, the City has a $9,647,000 budget for the Park Project, but has only identified $9,018,000 of available City funds for it, including $4 million of CCIP funds, $3,418,000 from other City funds, and $1.6 million from public and private fundraising, leaving a budget shortfall of $629,000 (the “Shortfall”); and WHEREAS, in 2004, the Fort Collins City Council adopted Resolution 2004-152 approving the North College Avenue Urban Renewal Plan, which it subsequently amended in 2015 in Resolution 2015-106, (the “North College Plan”); and WHEREAS, the North College Plan was adopted to facilitate the elimination and prevention of blighted areas within the plan area identified in the Plan (the “Plan Area”) by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of Plan Area properties as part of a single urban renewal project (the “North College Project”); and WHEREAS, the Authority’s Board of Commissioners (the “Board”) has reviewed the Park Project and identified several benefits it will provide to the North College Project as contemplated in the North College Plan, which benefits include, without limitation: (i) improvements to portions of Vine Drive in the Plan Area, (ii) stormwater improvements that will remove several developable properties in the Plan Area from the floodway and reduce the likelihood that College Avenue in the Plan Area will overtop during a flood, and (iii) improvements that will improve connectivity between the Plan Area and downtown Fort Collins (the “Park Project Benefits”); and EXHIBIT A 1 Packet Pg. 236 Attachment: Exhibit A (6458 : Whitewater Park City Council RESO) WHEREAS, in consideration of the Park Project Benefits, the Board has adopted Authority Resolution No. 84 approving this Agreement and appropriating $300,000 to be paid to the City to help reduce the Shortfall by funding the public improvements providing the Park Project Benefits; and WHEREAS, the City Council has also approved this Agreement in its Resolution 2018- 013; and WHEREAS, the City and the Authority are authorized to enter into this Agreement to cooperate in the funding and construction of the Park Project pursuant to C.R.S. § 29-1-203 and the Colorado Urban Renewal Law, including, without limitation, C.R.S. § 31-25-112, and the City is further authorized to do so under City Charter Article II, Section 16. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Parties agree as follows: 1. The Authority’s Obligation. The Authority agrees to pay the City three hundred thousand dollars ($300,000) within sixty (60) days after the City enters into the construction contract with the general contractor it retains for the Park Project and provided such contract includes the construction of the public improvements that will provide the Park Project Benefits. 2. TABOR. The Parties understand and acknowledge that the Authority is not subject to the Taxpayer’s Bill of Rights in Article X, Section 20 of the Colorado Constitution. The Parties therefore intend that the Authority’s debt obligation in Section 1 above is a binding obligation enforceable by the City at law and in equity as provided in Section 3 below and such enforcement is not contingent upon the future appropriation of funds by the Board. 3. Remedies Upon Default. Upon the failure of either Party to comply with any of its obligations contained herein (a “Default”), the non-defaulting Party shall provide written notice of the Default to the defaulting Party. Immediately upon receipt of such notice, the defaulting Party shall promptly cure such Default within thirty (30) days, or if not susceptible of cure within thirty (30) days, within such time as agreed upon by the non-defaulting Party for the cure of such Default. If the defaulting Party fails to cure or remedy the Default within the time period prescribed, the non-defaulting Party may protect and enforce any or all of its rights and the obligations of the defaulting Party under this Agreement by suit in equity or action at law, in Larimer County District Court, whether for the specific performance of any covenants or agreements in this Agreement or otherwise, or take any action authorized or permitted under applicable law, and may require and enforce the performance of all acts and things required to be performed hereunder by the other Party. Each and every remedy of either Party shall, to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity. 4. Amendments. This Agreement may only be amended, changed, modified or altered in a writing signed by both Parties. 1 Packet Pg. 237 Attachment: Exhibit A (6458 : Whitewater Park City Council RESO) 5. Implementing Agreements and Further Assurances. The Parties agree to execute such other documents, and take such other actions, as will be reasonably requested by the other Party to confirm or clarify the intent of the provisions hereof and to effectuate the agreements herein contained. 6. Term; Termination. This Agreement shall remain in full force and effect until the Authority’s debt obligation under this Agreement is paid in full to the City. However, in the event the City does not enter into a construction contract with a general contractor for the Park Project by January 1, 2019, this Agreement shall terminate and both Parties shall be released from all remaining obligations under this Agreement. 7. No Third-Party Beneficiaries. No term or provision of this Agreement is intended to be for the benefit of any person, entity, association or organization not a party to this Agreement, and no such other person, entity, association or organization shall have any right or cause of action hereunder. 8. Applicable Law and Venue. This Agreement shall be governed by and construed under the laws of the State of Colorado and the venue for any judicial proceedings related to this Agreement shall be in Larimer County District Court. 9. Section Headings. The captions or headings herein are for convenience or reference only and shall in no way define or limit the scope or intent of any provision or section of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as the date and year first above written. THE FORT COLLINS URBAN RENEWAL AUTHORITY By: __________________________________________ Darin A. Atteberry, Executive Director ATTESTED: APPROVED AS TO FORM: By: _________________________ By:______________________________ City Clerk Authority Legal Counsel Print Name: ___________________ Print Name: _______________________ THE CITY OF FORT COLLINS, COLORADO By: __________________________________________ 1 Packet Pg. 238 Attachment: Exhibit A (6458 : Whitewater Park City Council RESO) Wade Troxell, Mayor ATTESTED: APPROVED AS TO FORM: By: _________________________ By: ______________________________ City Clerk Deputy City Attorney Print Name: ___________________ Print Name: _______________________ 1 Packet Pg. 239 Attachment: Exhibit A (6458 : Whitewater Park City Council RESO) Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Mark Jackson, PDT Deputy Director Chris Van Hall, Legal SUBJECT Resolution 2018-014 Appointing Mayor Pro Tem Gerry Horak to the Policy Advisory Committee of the Regional Transportation Coordination Task Force. EXECUTIVE SUMMARY The purpose of this item is to appoint Mayor Pro Tem Gerry Horak as the City of Fort Collins’ representative on the newly formed Regional Transportation Coordination Task Force Policy Committee. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The benefits of regional collaboration to address large-scale transportation issues has been proven by efforts related to Interstate 25 and US-287 improvements, as well as regional transit solutions. Identified needs far outweigh available resources, necessitating the need for structured prioritization and funding solutions. Larimer County proposes forming a Regional Transportation Coordination Task Force to collaboratively address key regional transportation needs. Larimer County proposes formation of two separate committees within the task force - a policy advisory committee (PAC) made up of an elected official from each community and a technical advisory committee (TAC) that would include an employee from each community. The TAC would also include representatives from the business community, chambers of commerce, Colorado State University and others having a specific interest in regional transportation. Larimer County requested that local agencies identify both a PAC and TAC representative. Mayor Pro Tem Horak has been suggested as PAC representative for Fort Collins, based upon his regional experience with the North Front Range Metropolitan Planning Organization (NFRMPO), as well as his leadership in developing funding partnerships along the North I-25 Corridor. Planning, Development and Transportation Deputy Director Mark Jackson has been identified as the TAC (staff) representative for this effort. CITY FINANCIAL IMPACTS There are no direct financial costs to the City of Fort Collins with this appointment. Participation in this Task Force may lead to future City financial contributions towards regional improvements of benefit to Fort Collins. Partnering in a regional framework may allow the region to address critical transportation infrastructure needs. BOARD / COMMISSION RECOMMENDATION This item has not yet been presented to City boards or commissions. The concept was proposed and discussed at the December 18, 2017 Regional Elected Officials Meeting. The proposal received unanimous support from those in attendance. 21 Packet Pg. 240 Agenda Item 21 Item # 21 Page 2 PUBLIC OUTREACH No public outreach specific to this request was conducted. Numerous public presentations and conversations have taken place over recent years related to regional transportation needs and opportunities and mechanisms to address them. ATTACHMENTS 1. Task Force Member Letter to Communities (PDF) 2. Regional Transportation Elected Officials Meeting, December 18, 2017 (PDF) 21 Packet Pg. 241 LARIMER COUNTY | ENGINEERING DEPARTMENT P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5700, Larimer.org January 5, 2018 Re: Regional Transportation Coordination Task Force Larimer County Municipal Managers/Administrators: We appreciate the unanimous support for continued pursuit of regional transportation coordination that was expressed by all those in attendance at the Regional Elected Official Meeting, held on Monday, December 18th. The next step is to develop a task force with representatives from each of the communities. We propose having two separate committees within the task force – a policy advisory committee (PAC) made up of an elected official from each community and a technical advisory committee (TAC) that would include an employee from each community. The TAC would also include representatives from the business community, chambers of commerce, Colorado State University and others having a specific interest in regional transportation. The current Larimer County Wasteshed Study – focused on the future of solid waste management in Larimer County – has successfully used this PAC/TAC approach and we believe it worth replicating for this regional transportation coordination effort. Larimer County will retain a consultant to provide facilitation, technical analyses, legal input and, as needed, public polling support, to the task force. Initially, the committees are expected to meet together as the goals and objectives for regional transportation coordination are defined. The TAC would then focus on technical elements and details that would support policy considerations being examined and direction being given by the PAC. In terms of a time commitment, we anticipate that monthly meetings will need to occur at the onset as we agree on the goals and objectives of the task force. Once this has occurred, it is likely that monthly meetings will continue for TAC members, whereas PAC meetings may occur somewhat less frequently through the term of this effort. We expect that the task force member’s involvement will extend throughout 2018, or about one year. We would request that you identify both a PAC and TAC representative from your community. If you have additional recommendations for representatives serving on the TAC from other business or economic groups, we would appreciate that input as well. ATTACHMENT 1 21.1 Packet Pg. 242 Attachment: Task Force Member Letter to Communities (6395 : Transportation Task Force Appointment) December 22, 2018 Regional Transportation Coordination Page 2 Please respond with contact information for your representatives to either Suzette Mallette (970- 498-5731 or smallette@larimer.org) or me (970-498-5714 or mpeterson@larimer.org). We would like to have participants identified by January 26th, so that we can schedule the first task force meeting for early February 2018. Again, we appreciate your support and involvement in this effort and look forward to working with your community on this important regional issue. Sincerely, Mark R. Peterson, P.E. County Engineer Attached: Regional Elected Official meeting powerpoint 21.1 Packet Pg. 243 Attachment: Task Force Member Letter to Communities (6395 : Transportation Task Force Appointment) >Z/DZKhEdzWh>/tKZ<^/s/^/KE Z'/KE>dZE^WKZdd/KE Z'/KE>>dK&&//>^Dd/E' DZϭϴ͕ϮϬϭϳ ATTACHMENT 2 21.2 Packet Pg. 244 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< )RUW&ROOLQV&RORUDGRDQ 21.2 Packet Pg. 245 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< $JHQGD 5HJLRQDO7UDQVSRUWDWLRQ'LVFXVVLRQ %DFNJURXQG,QIRUPDWLRQ6WDII3UHVHQWDWLRQ ‡ /RFDO3ODQQLQJYV5HJLRQDO&RRUGLQDWLRQ ‡ &RXQW\7UDQVSRUWDWLRQ3ODQQLQJDQG)XQGLQJ ‡ 3HHU5HYLHZDQG)XQGLQJ&RPSDULVRQV 5HJLRQDO$SSURDFK(OHFWHG2IILFLDOV ‡ 3DVW5HJLRQDO6XFFHVVHV ‡ 5HJLRQDO7UDQVSRUWDWLRQ3URMHFWV ‡ 6XSSRUWIRU1H[W6WHSV 21.2 Packet Pg. 246 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 2SWLRQV 21.2 Packet Pg. 247 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 5HJLRQDO&RRUGLQDWLRQ&KDOOHQJH &RRUGLQDWLRQRI7UDQVSRUWDWLRQ'HPDQGV ‡ (LJKW  5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 21.2 Packet Pg. 249 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 5HJLRQDO7UDQVSRUWDWLRQ&ULWHULD ³5HJLRQDO´&ULWHULD'HILQLWLRQ ‡ ,GHQWLILHGLQFRPSUHKHQVLYHSODQV ‡ 5RDGZD\IXQFWLRQDOFODVVLILFDWLRQ ‡ &RQQHFWLYLW\EHQHILWLQJPRUHWKDQRQHMXULVGLFWLRQ ‡ %URDGHUUHJLRQDOEHQHILWVIRUFDSDFLW\ ‡ ,PSURYHPHQWVIRU³PRELOLW\´ 21.2 Packet Pg. 250 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5HJLRQDO7UDQVSRUWDWLRQ &RRUGLQDWLRQ ¾ 'HILQH&ULWHULD ¾ 5HYLHZ3ULRULWLHV ¾ 'HULYH)XQGLQJ ¾ &RRUGLQDWH'HOLYHU\ 21.2 Packet Pg. 251 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< /DULPHU&RXQW\ 7UDQVSRUWDWLRQ3ODQQLQJ ™ 7UDQVSRUWDWLRQ0DVWHU3ODQ8SGDWHIRU /DULPHU&RXQW\ ™ ZZZODULPHURUJHQJLQHHULQJWUDQVSRUWDWLRQ ™ 7UDQVSRUWDWLRQ)XQGLQJ6WXG\ ™ &RSLHVSURYLGHGRQWDEOHV 21.2 Packet Pg. 252 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 703&DSDFLW\$QDO\VLV 21.2 Packet Pg. 253 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 7036KRUW7HUP /RQJ7HUP )XQGLQJ1HHGVE\&DWHJRU\ $QQXDO )XQGLQJ1HHGV6XPPDU\ o &DSDFLW\  o %ULGJHV  o 6DIHW\  o 3DYHPHQW  o 6XEGLYLVLRQV  o 0XOWLPRGDO o 7RWDO  7RWDO  5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 703([LVWLQJ7UDQVSRUWDWLRQ)XQGLQJ6RXUFHV &RXQW\ )HGHUDO 6WDWH 5HDO3URSHUW\0LOO/HY\  6SHFLILF2ZQHUVKLS7D[HV  &DEOH)UDQFKLVH)HHV  7UDIILF)LQHV  5HJLRQDO5RDG)HH  &DSLWDO([SDQVLRQ)HHV  )RUHVW5HVHUYH$FW  0LQHUDO/HDVH  3D\PHQWLQ/LHXRI7D[HV  +87)  6HYHUDQFH7D[  *UDQWV  0RWRU9HKLFOH7D[  6XEWRWDO    7RWDO7UDQVSRUWDWLRQ)XQGLQJ  21.2 Packet Pg. 255 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 703$GGLWLRQDO$QQXDO7UDQVSRUWDWLRQ )XQGLQJ1HHG $QQXDO&RXQW\ 7UDQVSRUWDWLRQ5HYHQXH  5RDG %ULGJH2SHUDWLRQV   'HEW)XQGLQJ 6XEGLYLVLRQ5RDGV  $QQXDO7UDQVSRUWDWLRQ )XQGLQJ1HHG   $YHUDJH$QQXDO)XQGLQJ*DS  21.2 Packet Pg. 256 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< )XQGLQJ2SWLRQV6WXG\ 6XPPDU\RI)XQGLQJ2SWLRQV +DQGRXW 21.2 Packet Pg. 257 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 3HHU&RXQWLHV ‡ 5HYLHZHG&RXQW\%XGJHW 6XUYH\  ‡ 3HHUFRXQWLHV $UDSDKRH %RXOGHU'RXJODVDQG:HOG 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< .H\7UDQVSRUWDWLRQ5HYHQXH6RXUFHV WKRXVDQGV 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 5ROHRI*UDQW)XQGLQJ 032&'27'2/$ &RXQW\ 032 (VWLPDWHG$QQXDO*UDQW)XQGLQJ $UDSDKRH '5&2* PLOOLRQ %RXOGHU '5&2*  PLOOLRQ 'RXJODV '5&2* PLOOLRQ /DULPHU 1)5032 8)5735 PLOOLRQ :HOG 1)5032 '5&2* 8)5735    PLOOLRQ (O3DVR 33$&*  PLOOLRQ 6RXUFH3HHU,QWHUYLHZV 21.2 Packet Pg. 260 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< .H\7UDQVSRUWDWLRQ5HYHQXH6RXUFHV )XQGLQJ *DS WKRXVDQGV       /DULPHU 7RWDO1HHGPLOOLRQ 6WDWH+87) 5RDG %ULGJH0LOO /HY\ 6SHFLILF 2ZQHUVKLS 6DOHV7D[ 2WKHU6RXUFHV /DULPHU2QO\ )XQGLQJ*DS       $YHUDJH $UDSDKR%RXOGHU 'RXJODV /DULPHU 6WDWH+87) 5RDG %ULGJH0LOO /HY\ 6SHFLILF2ZQHUVKLS 6DOHV7D[ 2WKHU6RXUFHV /DULPHU2QO\ )XQGLQJ*DS 21.2 Packet Pg. 261 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< (OHFWHG2IILFLDOV ™ 7RP'RQQHOO\/DULPHU&RXQW\&RPPLVVLRQHU ™ *HUU\+RUDN)RUW&ROOLQV0D\RU3UR7HP ™ 'DYH&ODUN/RYHODQG&LW\&RXQFLO0HPEHU 21.2 Packet Pg. 262 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 5HJLRQDO6XFFHVV ,([SDQVLRQ ‡ 7HPSRUDU\LQFUHDVHLQURDG EULGJHPLOOOHY\ ‡ ,QWHUJRYHUQPHQWDO$JUHHPHQWVIRUVKDUHEDFN ‡ 0\UWRWDOLQJ0,QWHUFKDQJHV ‡ /HYHUDJHGa0LQWRWDOLPSURYHPHQWV 2WKHU&XUUHQW3URMHFWV ‡ +LJKZD\ ‡ &RXQW\5RDGV)LVK&UHHN5RDG5HJLRQDO7UDLOV 21.2 Packet Pg. 263 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 5HJLRQDO7UDQVSRUWDWLRQ1HHGV ™ /LVWGHYHORSHGZLWKFROOHFWLYHLQSXWIURP FRPPXQLW\SURIHVVLRQDOVWDII ™ 0DSRIUHJLRQDOSURMHFWORFDWLRQV ™ 3UHOLPLQDU\SURMHFWOLVWZLWKFRVWHVWLPDWHV ™ 5HJLRQDOQHHGVWRWDOLQJ0 21.2 Packet Pg. 264 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 6XSSRUWIRU1H[W6WHSV  :RXOG\RXVXSSRUWDFROODERUDWLYHDSSURDFKWR DGGUHVVUHJLRQDOWUDQVSRUWDWLRQQHHGV"  :RXOG\RXGHGLFDWHVWDIIUHVRXUFHVWRVXSSRUWWKLV HIIRUW"  :RXOG\RXVXSSRUWDUHJLRQDOWDVNIRUFHWRGHYHORS UHFRPPHQGDWLRQVIRUFULWHULDSURMHFWLGHQWLILFDWLRQ DQGSRWHQWLDOIXQGLQJVROXWLRQV" 21.2 Packet Pg. 265 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 5HJLRQDO7DVN)RUFH 3RWHQWLDO7DVN)RUFH5HSUHVHQWDWLYHV ‡ (OHFWHG2IILFLDOV ‡ 3ODQQLQJ&RPPLVVLRQPHPEHUV ‡ 1&/$ &KDPEHUVRI&RPPHUFH ‡ %XVLQHVV&RPPXQLW\ ‡ (QJLQHHULQJ3ODQQLQJ(FRQRPLF'HYHORSPHQW6WDII ‡ &'271)50328)5735 ‡ &RORUDGR6WDWH8QLYHUVLW\ ‡ 2WKHURUJDQL]DWLRQV7%' 21.2 Packet Pg. 266 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation 5(*,21$/75$163257$7,21 /$5,0(5&2817<(1*,1((5,1* /$5,0(5&2817<)81',1*678'< 48(67,216" 7RGG%ORPVWURP 3XEOLF:RUNV'LUHFWRU WEORPVWURP#ODULPHURUJ 0DUN3HWHUVRQ &RXQW\(QJLQHHU PSHWHUVRQ#ODULPHURUJ 6X]HWWH0DOOHWWH 7UDQVSRUWDWLRQ3URJUDP0DQDJHU VPDOOHWWH#ODULPHURUJ 21.2 Packet Pg. 267 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation -1- RESOLUTION 2018-014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MAYOR PRO TEM GERRY HORAK TO THE POLICY ADVISORY COMMITTEE OF THE REGIONAL TRANSPORTATION COORDINATION TASK FORCE WHEREAS, the City Council from time to time appoints one or more Councilmembers as representatives to certain organizations or committees of which the City is a member; and WHEREAS, Larimer County proposes forming a Regional Transportation Coordination Task Force (the “Task Force”), which will be comprised of communities and stakeholders, to collaboratively address key issues surrounding regional transportation needs; and WHEREAS, Larimer County proposes the formation of two separate committees within the Task Force, which will include a policy advisory committee (“PAC”) made up of an elected official from each participating community and a technical advisory committee (“TAC”) that would include an employee from each community, amongst various other stakeholders; and WHEREAS, Mayor Pro Tem Gerry Horak has been suggested as the PAC representative for Fort Collins, based upon his regional experience with the North Front Range Metropolitan Planning Organization (“NFRMPO”) as well as his leadership in developing funding partnerships along the North I-25 Corridor; and WHEREAS, Council has determined that appointing Mayor Pro Tem Horak to the PAC is in the best interests of the City and will assist the City to effectively participate in the Task Force. 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 Mayor Pro Tem Horak is appointed as Fort Collin’s PAC representative within the Task Force until such time as Council may reconsider and modify the same. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 268 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2018-015 Making Appointments to the Building Review Board and the Senior Advisory Board of the City of Fort Collins, and to the Board of Housing Catalyst. EXECUTIVE SUMMARY The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building Review Board, the Senior Advisory Board, and the Board of Housing Catalyst due to expiration of terms on December 31, 2017. Applications were solicited beginning in September 2017 to January 2018. Council teams interviewed applicants during December and January. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Brad Massey to the Building Review Board; Jason Brabson, Suzanne King and Janet Sanders to the Senior Advisory Board and Hepburn Wilkins to the Housing Catalyst Board to fill vacancies from expired terms. These terms will begin immediately on February 6, 2018. Names of those individuals recommended to fill vacancies have been inserted in the Resolution with the expiration date following the names. This Resolution completes the recruitment cycle and no vacancies remain. 22 Packet Pg. 269 -1- RESOLUTION 2018-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE BUILDING REVIEW BOARD AND THE SENIOR ADVISORY BOARD OF THE CITY OF FORT COLLINS AND TO THE BOARD OF HOUSING CATALYST WHEREAS, vacancies currently exist on the City’s Building Review Board, the Senior Advisory Board, and the Board of Housing Catalyst due to expiration of the terms of certain current members; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the Building Review Board, Senior Advisory Board, and Housing Catalyst 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 persons are hereby appointed to fill current vacancies on the Building Review Board, the Senior Advisory Board, and the Housing Catalyst Board hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Building Review Board Expiration of Term Brad Massey December 31, 2021 Housing Catalyst Expiration of Term Hepburn Wilkins December 31, 2022 Senior Advisory Board Expiration of Term Jason Brabson December 31, 2021 Suzanne King December 31, 2021 Janet Sanders December 31, 2021 Packet Pg. 270 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 271 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Jeff Mihelich, Deputy City Manager Ingrid Decker, Legal SUBJECT Resolution 2018-016 Approving the Grant of Funds for a Locker Program at Fort Collins Mennonite Fellowship. EXECUTIVE SUMMARY The purpose of this item is to provide City Council with details of the proposal for the City to fund lockers at the Fort Collins Mennonite Fellowship, additional information about locker programs in other communities, as well as possible options for consideration. STAFF RECOMMENDATION Staff does not recommend adoption of the Resolution. BACKGROUND / DISCUSSION City Council received a memo on January 11, 2018, providing an overview of a proposal to pilot lockers at the Fort Collins Mennonite Fellowship (FCMF) (see Attachment 1 for memo and attachments). Council directed staff to bring this item for a Council discussion at the February 6, 2018, regular meeting. During Council discussions regarding Appropriate Use of Public Spaces in the Spring of 2017, the concern about a lack of storage spaces for people experiencing homelessness was raised to the Council by the public. The FCMF offered to pilot hosting 20 storage lockers on the north side of their building for one year. The lockers would be outside and accessible 24 hours per day, 7 days per week, monitored by a security camera, and managed by a part-time employee of FCMF. The City would work with them to evaluate the program to gauge the effectiveness and success of the program. The City would provide the funding for the purchase and installation of the lockers and awnings and the cost of program oversight (total of $10,500). The FCMF would order and install the lockers, and they would perform the oversight and program management. The City required that the FCMF host a neighborhood meeting and listen to and mitigate neighbor concerns. The City has received both strong support for the proposal as well as strong opposition. Other Community Locker Programs The attached memo and attachments have comparison information regarding other locker programs. Staff has been unable to find a project that is a close comparison to this proposal. Most of the programs researched are much larger in scope and provide oversight and control when people access the lockers. See Attachment 2 for more details about comparable programs. Specifically, Council was interested in the programs in San Diego and Vancouver, BC. 23 Packet Pg. 272 Agenda Item 23 Item # 23 Page 2 San Diego, CA Program – Transitional Storage Center: • City-owned facility • Non-profit operated • Monday – Friday 7:00 a.m. – 11:00 a.m. and 4:30 p.m. – 7:30 p.m. • Saturday 8:00 a.m. – noon • 304 metal lockers and 120 80-gallon plastic bins • City funding provided $138,750 • Security – daily staff of at least 2 and security personnel • Staff on-site and available during all hours of operation • Program serves 400 people daily; current waitlist of 130 people • Since 2011, over 100 people have gained employment, housing, and moved off street • Plans to open another facility with space for 700-1,000 more bins Vancouver, BC – The Cart and Belongings Storage Facility: • City-owned facility • Operated by First United Church • 7 days per week; 6:00 a.m. – 8:00 p.m. • 200 bins • $50,000-60,000 annual cost • City provided initial funding in 2009 to start program • Storage space is secure area that only church staff can access – program participants much check in with church staff to access bins • 200 spaces are full nearly every night and they often turn people away When researching other locations, such as Berkeley and Madison, they both initially tried to implement programs using minimal expense and less security measures, and both programs were shut down due to safety concerns. The concerns in Madison were primarily because the program was run by volunteers and there was no way to ensure background checks were happening, and there was lack of funding to provide full- time staff. Staff has not been able to find any programs that offer 24/7 unsupervised access to lockers. The closest program to this was in Denver where they provided a short-term sidewalk storage project which included: • the City provided ten large storage lockers on the sidewalks by the Denver Rescue Mission and Samaritan House for 90 days; • the lockers were available for ten homeless individuals who were seeking services such as day shelter, employment, or medical assistance and needed a safe space to store their belongings; • the person utilizing the locker had to have a shelter ID and be able to demonstrate that they were connecting to supportive services. Funding Considerations While one-time, specific requests for funding are something that the City receives, it is important to note that these requests are outside of the normal funding processes such as the City’s 2-year budgeting process (Budgeting for Outcomes-BFO) and the City’s Competitive Funding Process for Affordable Housing and Human Service Program funding. These funding processes allow context and realization of the many funding requests that come into the City, some of which do not get funding at all or receive partial funding. With limited resources, it is valuable to weigh funding requests among other community requests to have a more complete understanding of needs and strategic priorities for homelessness and other critical issues in Fort Collins. In the 2017-2018 BFO process, there was a funded enhancement offer for $224,132 entitled Homelessness Initiatives that partially funded several programs including Outreach Fort Collins, Homeward 2020 Housing First Initiative, Coordinated Assessment and Housing Placement System, Landlord Risk Mitigation and Outreach, Murphy Center, and Safe Place to Rest. Additionally, the Human Service Program awarded $176,511 to homelessness prevention and homelessness support programs. 23 Packet Pg. 273 Agenda Item 23 Item # 23 Page 3 Options for Consideration The following options are available for consideration: 1. Fund the Fort Collins Mennonite Fellowship proposal as requested 2. Request budget offers to come to the City within the upcoming 2019-2020 Budgeting for Outcomes process CITY FINANCIAL IMPACTS If Council chooses to fund the FCMF proposal, the $10,500 would come from the Community Initiatives Fund within the City Manager’s budget. PUBLIC OUTREACH The FCMF hosted two neighborhood meetings (see Attachment 1 for detailed feedback). Additionally, City Council and staff received numerous emails, phone calls, individual meetings, group meetings, and service provider feedback. Attachment 1 provides general feedback received both in strong support as well as strong opposition of the FCMF proposal. ATTACHMENTS 1. Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (PDF) 2. Locker Program Matrix (PDF) 23 Packet Pg. 274 ATTACHMENT 1 23.1 Packet Pg. 275 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 276 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 277 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 278 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 279 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 280 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 281 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 282 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 283 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 284 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 23.1 Packet Pg. 285 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 23.1 Packet Pg. 286 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 287 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 288 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 289 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 290 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 23.1 Packet Pg. 291 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 292 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 293 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 294 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 295 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) 23.1 Packet Pg. 296 Attachment: Memo to Council RE: Locker Proposal at Fort Collins Mennonite Fellowship, January 11, 2018 (6446 : Funds for Lockers) Locker Program Matrix City operated? Hours Size(s) and type Expected Costs City Funding Provided Security Staff available during all hours of op? General program success Issues/proble ms Changes made to program San Diego, CA Program: Transitional Storage Center No; City owns the facility, but nonprofit operates the locker program M-F, 7- 11am and 4:30- 7:30pm. Saturday, 8- noon. 304 metal lockers and 130 80- gallon plastic bins. $138,750 Daily staff of at least 2 individuals to include security personnel Yes Program serves 400 people daily and currently has waiting list of 130 Locker Program Matrix City operated? Hours Size(s) and type Expected Costs City Funding Provided Security Staff available during all hours of op? General program success Issues/proble ms Changes made to program Madison, WI Program: Sanctuary Storage Program no longer operating. No; operated by external organizati on 8 am – 6 pm 7 days per week Individuals were given 1-2 tote bags to store their items for up to 90 days $21,000 annually $21,000 annually No cameras or security personnel, but individuals had to place their items in the tote Locker Program Matrix City operated? Hours Size(s) and type Expected Costs City Funding Provided Security Staff available during all hours of op? General program success Issues/proble ms Changes made to program Berkeley, CA Program: Storage Locker Program Program was never actually implemented No – issued RFPs for nonprofit agencies to operate storage program. 7 days a week from 7-11am and from 6- 10pm Located in the basement of old City Hall; 100- 160 lockers Nonprofit provider contract: $185,000 Site improve ments: $50,000 Allocated about -1- RESOLUTION 2018-016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE GRANT OF FUNDS FOR A LOCKER PROGRAM AT FORT COLLINS MENNONITE FELLOWSHIP WHEREAS, as part of the City Council’s consideration of an ordinance regarding appropriate use of public spaces in 2017, members of the public expressed concern about a lack of storage spaces for people experiencing homelessness; and WHEREAS, Fort Collins Mennonite Fellowship (FCMF) has offered to host a pilot locker program on its property in downtown Fort Collins that would provide twenty outdoor storage lockers managed by FCMF for one year; and WHEREAS, under FCMF’s proposal the City would provide $10,500 as a grant to FCMF to fund purchase and installation of the lockers, awnings, and the cost of program oversight; and WHEREAS, if the use of City funds for the locker program is approved, funds are appropriated and available for expenditure in the Community Initiatives Fund within the City Manager’s budget; and WHEREAS, the City has received both strong support and strong opposition to this proposal; and WHEREAS, City staff has researched programs around the country that provide lockers to people experiencing homelessness and whether they have been successful; and WHEREAS, staff has not found another program that is directly comparable to the FCMF proposal, as most programs are larger in scope and provide oversight and control when individuals are accessing the lockers, mitigating safety concerns; and WHEREAS, the City Council believes that the pilot locker program proposed by FCMF is in the best interests of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to enter into a funding agreement with FCMF to provide $10,500 for the pilot locker program described above, on terms and conditions consistent with this Resolution, along 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 and effectuate the purposes of this Resolution. Packet Pg. 300 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of February, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 301 Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Mark Sears, Natural Areas Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 031, 2018 Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Michael and Mary Pat McCurdie. EXECUTIVE SUMMARY The purpose of this item is to consider the petition from Michael and Mary Pat McCurdie requesting the City to sell them 606 square feet of Pine Ridge Natural Area. STAFF RECOMMENDATION Staff does not recommend adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In July 2017, Michael and Mary Pat McCurdie submitted a petition (Attachment 3) to the City Manager’s Office and the Natural Areas Department to acquire 606 square feet of Pine Ridge Natural Area land. The McCurdie’s reside in Quail Ridge Subdivision (2930 Skimmerhorn Street). In 2015, City Council approved minor land sales (1,350 to 6,945 SF) to six of the McCurdies’ neighbors to resolve outstanding encroachment issues. At the time, the McCurdies had a minor encroachment as well. Natural Areas staff met with the McCurdies to discuss resolution of the encroachment. However, the McCurdies did not elect to pursue a purchase of the encroachment in part because they were easily able to remove the encroachments and in part because Natural Areas staff told them that staff could not support the sale since the encroachment was so easy to remove. Unlike the other encroachments, it did not contain extensive, valuable and/or mature landscaping nor was it on an irregular-shaped in holding within the subdivision that the City preferred not to own. The McCurdies’ request is to add 606 square feet to their backyard and to smooth out their back-property line between their two adjoining neighbors. Although the requested land sale is minor in nature, staff is concerned about its potential precedent-setting nature since there are many natural areas with irregular boundaries. Natural Areas has over 700 adjoining land owners, and over the years several of these adjoining land owners have expressed interest in acquiring additional land from the City for various purposes. In each case staff informed these land owners that staff would not support the sale of Natural Areas land and the land owners chose to not proceed with a request. This request does not align within the recently adopted - amended Land Disposition Guidelines (Attachment 2), although Council has the discretion to approve or deny any land sale. As this request moves through the administrative process, staff is considering whether it would be helpful to modify the Land Disposition Guidelines to provide more clarity as to when the City will consider small boundary adjustments, such as this one. The suggested addition to the guidelines is as follows: 24 Packet Pg. 302 Agenda Item 24 Item # 24 Page 2 7. A land owner adjacent to a natural area can petition City Council to sell a parcel to resolve an issue. The petitioner will be responsible for submitting a petition with all pertinent information required for submittal to City Council and for paying all administrative, legal, surveying, land and closing costs. The McCurdies have been made aware that staff does not support the sale (see attached staff response), however, they have decided to proceed. They have submitted the requested non-refund able $1,000 to cover administrative costs for taking the request to Council with the understanding that the request may be denied by Council. CITY FINANCIAL IMPACTS If City Council approves the sale, the McCurdies are obligated to pay the City an additional $500 to cover the administrative costs to handle the land transaction for a total of $1,500 paid to the City to cover administrative costs; pay their surveyor to complete and record the survey; and pay $606 ($1.00/SF) to the City for the land. BOARD / COMMISSION RECOMMENDATION At its January 10, 2018 meeting,the Land Conservation and Stewardship Board voted unanimously, to recommend that City Council not approve Michael and Mary Pat McCurdie’s request to purchase land at Pine Ridge Natural Area. (Attachments 5 and 6) ATTACHMENTS 1. Vicinity Map and Property Location Map (PDF) 2. Land Disposition Guidelines (PDF) 3. Petition for Purchase - Mike McCurdie (PDF) 4. Natural Areas Response to McCurdies, October 24, 2017 (PDF) 5. Land Conservation and Stewardship Board Memo to Council - McCurdie Land Purchase Request (PDF) 6. Land Conservation and Stewardship Board Minutes Excerpt , January 10, 2018 (PDF) 7. Powerpoint presentation (PDF) 24 Packet Pg. 303 McCurdie Land Purchase Request Vicinity Map W DRAKE RD S OVERLAND TRL S COUNTY ROAD 23 W ELIZABETH ST W STUART ST HA M PSHI R E RD YORK S H I R E ST PONDEROSA DR RAMPART RD C L EA R V I EW AVE BAN Y A N D R MINUTEMAN DR HULL ST TI MBER LN TYLER ST IMPERIAL DR BI R M I N G ROCKY RD VALL SUMAC ST BRONSON ST AZALEA DR PEAR ST FALCON DR ORCHARD MOORE LN C E DARW O Pineridge Natural Area McCurdie Property McCurdie Property Location Quail Ridge Subdivision Alumbaugh Skimmerhorn St. S. Overland Trail. 24. ATTACHMENT 2 24.2 Packet Pg. 306 Attachment: Land Disposition Guidelines (6406 : Pineridge Natural Area Land) 24.2 Packet Pg. 307 Attachment: Land Disposition Guidelines (6406 : Pineridge Natural Area Land) ATTACHMENT 3 24.3 Packet Pg. 308 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 309 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 310 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 311 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 312 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 313 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 314 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 315 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 316 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) 24.3 Packet Pg. 317 Attachment: Petition for Purchase - Mike McCurdie (6406 : Pineridge Natural Area Land) ATTACHMENT 4 24.4 Packet Pg. 318 Attachment: Natural Areas Response to McCurdies, October 24, 2017 (6406 : Pineridge Natural Area Land) 24.4 Packet Pg. 319 Attachment: Natural Areas Response to McCurdies, October 24, 2017 (6406 : Pineridge Natural Area Land) MEMORANDUM DATE January 30, 2018 McCurdie Land Purchase Request ATTACHMENT 5 24.5 Packet Pg. 320 Attachment: Land Conservation and Stewardship Board Memo to Council - McCurdie Land Purchase Request (6406 : Pineridge Natural Area Land Conservation & Stewardship Board January 10, 2018 Meeting Minutes Excerpt Petition for Purchase of Property – Pineridge Natural Area Mark Sears, Natural Areas Manager reported that in July of 2017 the McCurdie’s submitted a petition to the City Manager’s Office and the Natural Areas Department to acquire 606 square feet of property adjacent to Pineridge Natural Area. Board members were presented with maps and copies of the petition. Mark reminded Board members of the past encroachment issues in Quail Ridge and Fox Hills where staff supported selling small portions of land to land owners to settle significant long-term encroachment issues. These encroachments were significant in landscape size and in value. Mark explained that the current Land Disposition Guidelines clearly allows the land owner to petition City Council to resolve encroachment issues. The McCurdie’s justification is that NAD allowed their neighbor to acquire a strip of land to resolve their encroachment and they would like to have the same option. Pat McCurdie who was present, stated that they were not given the opportunity to purchase the additional property at that time, while other landowners in the area were given that chance. Mark stated that the McCurdie’s were given the option of buying the land upon which they were encroaching on at the time; but after hearing about the costs associated with the process and told that Natural Areas staff would not support them purchasing the area they were encroaching on because their encroachment was not significant and could easily be removed, Mike McCurdie choose to remove the encroachments and not request to purchase land. Mark explained that staff recommends against the sale of the property requested for the following reasons: the request does not align with the recently adopted Land Disposition Guidelines; and the sale could be precedent setting. Mark told the Board that the McCurdie’s have the right to petition City Council even if the request does not align with the guidelines; therefore, he needs a recommendation from the Board. Discussion: Daylan presented a letter from a community member Michelle Haefele, not in attendance of the meeting, to the Board opposing the land sale. Mark said his biggest concern is that NAD is occasionally approached by landowners that are encroaching on a natural area property asking NAD to sell the area. While Mark always explains to landowners that they can petition City Council to the purchase property they have encroached on, it is likely that staff and the Land Conservation and Stewardship Board will not support the sale and if Council does not approve the purchase they risk losing the administrative costs they must pay up front. ATTACHMENT 6 24.6 Packet Pg. 321 Attachment: Land Conservation and Stewardship Board Minutes Excerpt , January 10, 2018 (6406 : Pineridge Natural Area Land) Marcia reminded board members that the last discussion the Board had about selling property for encroachment reasons was with apprehension. Those property sales were delicate issues in terms of the types of encroachments and situation of the NAD property. Her view was that this encroachment situation did not fall within the boundaries of a what other sales had fallen into in the past. Kelly thought it might be a good idea to draft a few bullet points for a memorandum as to why we don’t support the land sell. Board members agreed a memorandum to City Council would be a good idea. Issue will go to City Council early February. Raymond Watts, LCSB Communication Liaison would be asked to draft the memorandum to City Council. Vicky McLane made a motion that the Land Conservation and Stewardship Board recommend that City Council not approve Michael and Mary Pat McCurdie’s request to purchase land at Pineridge Natural Area. Joe Piesman seconded the motion. The motion was unanimously approved. 24.6 Packet Pg. 322 Attachment: Land Conservation and Stewardship Board Minutes Excerpt , January 10, 2018 (6406 : Pineridge Natural Area Land) 1 McCurdie – Natural Areas Land Purchase Request Mark Sears ATTACHMENT 7 24.7 Packet Pg. 323 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Vicinity Map – Quail Ridge Subdivision 24.7 Packet Pg. 324 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) McCurdie Property Location 24.7 Packet Pg. 325 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Recommendations Review of the Six Pineridge Parcels Sold In 2015 to Resolve Significant Encroachments 24.7 Packet Pg. 326 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Properties with Encroachments in 2015 24.7 Packet Pg. 327 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Parcels Sold in 2105 24.7 Packet Pg. 328 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Parcels Sold in 2105 24.7 Packet Pg. 329 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Parcels Sold in 2105 24.7 Packet Pg. 330 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Parcel Sold in 2105 24.7 Packet Pg. 331 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Parcel Sold in 2105 24.7 Packet Pg. 332 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Neighbor’s - 2015 Land Purchase 24.7 Packet Pg. 333 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) McCurdie’s – Land Purchase Request 24.7 Packet Pg. 334 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Recommendations Natural Areas Department Staff and the Land Conservation and Stewardship Board Recommend Against the Sale 24.7 Packet Pg. 335 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) Reasons for Recommendations • No compelling practical or financial justification • Irregular Natural Area boundaries are quite common • There is no issue to resolve • Does not align with Land Disposition Guidelines • Could set a precedent 24.7 Packet Pg. 336 Attachment: Powerpoint presentation (6406 : Pineridge Natural Area Land) -1- ORDINANCE NO. 031, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MICHAEL AND MARY PAT MCCURDIE WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, Michael and Mary Pat McCurdie own a parcel of land in the Quail Ridge subdivision adjacent to the City Property; and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge subdivision including the McCurdies; and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, the McCurdies elected not to pursue a purchase of the area they were encroaching on because their encroachment was easy to remove, and Natural Areas staff advised them that staff could not support a sale when the encroachment was easy to remove; and WHEREAS, on March 3, 2015, the City Council adopted Ordinance Nos. 022, 023, 024, 025, 026 and 027, 2015, authorizing the conveyance of portions of the City Property to several of the McCurdies’ neighbors to resolve encroachment issues; and WHEREAS, because of these conveyances, the east property line of the parcel to the north of the McCurdie’s property now extends approximately fifteen feet further out into the City property than the McCurdie’s east property line; and WHEREAS, in July 2017 the McCurdies submitted a petition to the City asking to acquire 606 square feet of the City Property in order to even out the east boundary line of their property relative to the boundary line of their neighbors; and WHEREAS, the portion of the City Property that would be conveyed to the McCurdies is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Boundary Parcel”); and WHEREAS, if the conveyance is approved, the McCurdies would be required to pay the City $1,500 to cover administrative costs associated with processing the transaction, $1,000 of Packet Pg. 337 -2- which they have already paid, pay their surveyor to complete and record a survey, and pay the City $606 for the value of the land conveyed; and WHEREAS, the Land Conservation and Stewardship Board voted at its regular meeting on January 10, 2018, to recommend that the City Council not sell the Boundary Parcel; and WHEREAS, the value to the City of the transaction would be receiving reimbursement for the property conveyed, which could be spent on other Natural Areas projects, plus compensation for the City’s administrative costs, with minimal impact to the City Property; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Boundary Parcel to the McCurdies 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 Boundary Parcel 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 Boundary Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 338 -3- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 339 1 Packet Pg. 340 Attachment: Exhibit A (6445 : Pineridge Natural Area Land ORD) 1 Packet Pg. 341 Attachment: Exhibit A (6445 : Pineridge Natural Area Land ORD) Agenda Item 25 Item # 25 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Jan Sawyer, Special Event Coordinator Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events. EXECUTIVE SUMMARY The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to be in alignment with current law and to more accurately reflect the City’s current processes and procedures for issuing Special Event Permits. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins is nationally recognized as a destination for exceptional outdoor recreation, thriving craft breweries, and a vibrant arts and music scene. The festivals and events that developed around these activities have grown from small events primarily attended by local residents, into large, multi‐day events attended by residents and visitors from throughout the region and nation. Festivals and cultural events have become an important element of Fort Collins’ image, identity, and culture. However, these events do have impacts, both positive and negative, on the neighborhoods, businesses, and City facilities in which they are held. It is important for the City to ensure that these growing events take place safely on its streets and in its parks. The City has a right and a responsibility to regulate the time, place, manner and scope of special events to protect the public health and safety of its citizens, and to reduce adverse impacts on public spaces, the environment, businesses and neighborhoods. Recognizing the positive benefits that festivals and events provide to the community, it is also important for the City to provide a balanced, fair and user-friendly Special Event Permit program for those planning events. The Special Event Coordinator (SEC) program was created in 2015 to facilitate and coordinate Special Event permit work by City staff in various departments, while also acting as a central point of contact for event producers, citizens, businesses, and City staff seeking information or guidance about the special events occurring each year in the City. One of the key deliverables of the SEC program was to review and revise the City’s Municipal Code pertaining to special events, which has not been revised in more than a decade. Recommended Revisions The recommended revisions to Fort Collins Municipal Code, Section 23.5, at this time, are primarily designed to update the provisions to more accurately reflect the City’s current practices and procedures, and to incorporate best practices regulating Special Events held within the City. 25 Packet Pg. 342 Agenda Item 25 Item # 25 Page 2 Recommended changes to City Code, Section 23.5 include: • Updates and additions to Section 23.5-2 Definitions which include: o Shifting the responsibility of the “Coordinator” from the Chief of Police to the newly created Special Event Coordinator position o Excluding a demonstration and funeral procession from a Special Event Permit, subject to the Special Event Permit requirements • Update the City Code to be more clearly consistent with the current state of the applicable law by distinguishing demonstrations from special events, and specifying different notice requirements for demonstrations; • Creating administrative rules in which the City Manager is authorized to promulgate rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration and enforcement of the Special Event Permits • Revising the definition of Special Event to include events on private property if the event substantially impacts a public right of way or adjacent public properties. For example, New Belgium Brewing, Odell Brewing, and the Fort Collins Coloradoan have worked cooperatively with Fort Collins Police Services and the Special Event Coordinator to implement traffic control and safety measures for events held on their properties which substantially impacted traffic flow or pedestrian safety. • Revising Section 23.5-3 Permits Required to include: o Revised the dates required for completed action on applications, and appeal procedure timelines o Exclude from the special event permit requirements property owned by other governmental entities, or City-owned property managed by other governmental entities pursuant to an intergovernmental agreement with the City, so long as such event does not involve the closure of any streets or sidewalks that are normally open to the public o Removed the time, place and route permit requirements from the Code and put them into the Terms & Conditions to be approved by the City Manager o Removed the indemnification, insurance, fee and deposit provisions, and put them into the Terms and Conditions to be approved by the City Manager o Removed the duties of the permittee from the Code, and put them into the Terms and Conditions to be approved by the City Manager • Revision of Section 23.5-4 Demonstration notice required to include: o A twenty-four (24) hour notice requirement for gatherings primarily involving the communication, or expression of views or grievances o Gatherings defined as demonstrations may be subject to reasonable time, place, manner or route restrictions, if deemed necessary for the safety of participants and/or the public o Those organizing a demonstration of more than 50 persons, more than 24 hours in advance of the activity, are encouraged to contact the Coordinator as soon as practicable prior to the activity to determine whether any elements of such activities not related to the communication or expression of views or grievances are subject to a permit or conditions related to public safety The Terms and Conditions contain the following changes to requirements for special events: • A slight increase in Special Event Permit application fees to cover some administrative costs o Original fees: $50 permit application fee, waived for not-for-profit organizations and neighborhood block parties o Proposed fees: $100 permit application fee for for-profit organizations $50 permit application fee for not-for-profit organizations No permit application fee for neighborhood block parties 25 Packet Pg. 343 Agenda Item 25 Item # 25 Page 3 • Permit application deadlines increased to provide adequate time for staff administrative review • Additions to the Terms & Conditions for Special Event Permit applications include requirements for: o Compliance with the American’s with Disabilities Act (ADA) pertaining to events o Notifications to affected residents and businesses o Event review meetings between the event producer and City staff o Safety and security plans o Reimbursing the City for providing Police Services or traffic control devices o Event site plan and route map requirements o Disposal of trash, providing recycling containers & post-event clean-up o Compliance with the City’s smoking ordinance o Portable restroom requirements o Insurance and indemnification requirements o Alcohol licensing requirements o Fireworks permit requirement o Sale of food, beverage or merchandise requirements o Staking and utility locates o Tents, inflatable and temporary structure requirements Future Initiatives The revisions to Section 23.5 pertaining to Special Events are recommended to align City Code with current and best practices, concurrent with the implementation of the City’s new online special event permit application. Additional initiatives pertaining to special event permits will be forthcoming from the Special Event Coordinator in 2018. Among these initiatives are to: • Develop a Public Engagement Plan to obtain and utilize public input regarding Special Event Permits, regulations and neighborhood impacts • Develop a tier system to categorize events by their size, scope, longevity, and impacts • Review and revise permit requirements and fees for events based on tier designation • Develop and implement a matrix to quantify the impacts of events, both positive and negative, and to provide criteria for new events requesting permits • Add commercial film regulation and permitting to the Special Event Coordinator program. CITY FINANCIAL IMPACTS These proposed Code revisions have been submitted under Economic Health-3.4. They provide transparent, predictable and efficient processes for citizens and businesses interacting with the City. The increase in permit application fees should generate approximately $5,000 of additional revenue in 2018 toward recovering the cost to review and administer Special Event Permits. BOARD / COMMISSION RECOMMENDATION Language regarding compliance with the ADA was developed with input and assistance from the Commission on Disabilities. The Special Event Coordinator met and discussed the proposed Code revisions with members of the Transportation Board on November 15, 2017. 25 Packet Pg. 344 Agenda Item 25 Item # 25 Page 4 PUBLIC OUTREACH Public outreach regarding these recommended revisions to Section 23.5 of Municipal Code included: • Two meetings with event producers held on October 24 and 25, 2017, one in the afternoon and one in the evening. All event producers who had submitted a special event permit application within the past 12 months were invited. Twenty-one event producers attended the meetings and offered suggestions and clarifications which were incorporated into the proposed Code revisions • Individual meetings and phone conferences were held with several event producers unable to attend the meetings on October 24 and 25, 2017, to obtain their input • The Special Event Coordinator presented information regarding the proposed Code changes at the City Projects Fair attended by the general public, coordinated by FC Bikes and held at the Fort Collins Museum of Discovery on October 26, 2017 • Information regarding the proposed revised Code was provided via a link on the Special Events page on the City’s website from November 8, to November 21, 2017 In addition to this public outreach, the proposed revisions were drafted with the input of City staff from departments involved in the permitting of special events, including Police Services, Parks, Traffic, City Clerk, Transit, Parking Services, Risk Management, Poudre Fire Authority, and the City Attorney’s Office. ATTACHMENTS 1. Special Event Permit Terms and Conditions (PDF) 2. Powerpoint presentation (PPTX) 25 Packet Pg. 345 Special Event Permit Terms and Conditions DEFINITIONS Throughout these Terms and Conditions, the following terms will have the following meanings: • APPLICANT means the individual or organization identified in the Event Application. • COORDINATOR shall mean the Special Event Coordinator or his or her designee • CITY means City of Fort Collins. • EVENT means the event identified in the Event Application. • EVENT APPLICATION means the online or hard copy application submitted, stipulating the location of the Site and related details of the event. • FCPS means Fort Collins Police Services. • PFA means the Poudre Fire Authority. • POWER EQUIPMENT means generators, motorized equipment, refrigeration units, or amusement rides. • SITE means the event location identified in the Event Application, including private property for which the Coordinator makes a specific finding regarding potential impacts to neighboring properties and traffic on public rights of way and sidewalks under Section 23.5-2 of the City Code. • TERM means the period of time identified in the Event application. • TRASH means all waste, refuse, and litter generated during the event. SECTION 1 – Special Event Permit Application procedures; fees 1.1 Compliance Special Event organizers, along with their employees, officials, volunteers, participants, and invitees, must comply with all applicable policies, laws, regulations, and the Fort Collins Municipal Code (City Code). Further, such organizers must also comply with the Terms and Conditions of the Special Event Permit. The City reserves the right to deny Special Event Permit applications for events that are deemed to be unsafe, unsuitable, or that do not abide by applicable policies, laws, regulations, or City Code. 1.2 General Requirements/Guidelines The following requirements/guidelines apply to all Special Events: • Special Event Permit application approval may be dependent on the size, date, time, and location of the event, as well as Applicant ability to ensure public/property safety concerns are addressed. • Applicable fees and/or security deposits are required with most applications, and payment is due prior to issuance of a Special Event Permit. • Special Event Permit applications submitted after the deadline may result in denial of the application. • Failure to comply with all requirements of the Special Event Permit may result in permit revocation or denial of future applications. • Completion of an application does not guarantee event location, and/or issuance of a permit for the event. ATTACHMENT 1 25.1 Packet Pg. 346 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) • During the application review process, no advertising of the event should take place until the permit confirmation has been received. 1.3 Special Event Permit Application Deadlines A completed Special Event Permit application must be submitted not less than: • 20 business days before the date of the event for block parties • 45 business days before the date of the event for all other events not serving alcohol • 60 business days before the date of the event for events involving the sale or service of alcohol, or for events at the Civic Center Park/Washington Park event venue All required attachments for Special Event Permit applications must be submitted no later than 15 business days prior to the date of the event. Applications may not be submitted sooner than one year prior to the event date. The City reserves the right to deny the Event if the Applicant fails to comply with these application deadlines. 1.4 Special event Permit Fees & Deposits A non-refundable $100 application processing fee will be required for all events, except block parties. Events sponsored by a non-profit organization may receive a reduced application processing fee of $50.00, if the Applicant provides a letter from the non-profit organization which states that the event is for valid non-profit purposes under the Internal Revenue Code and lists the tax-exempt ID number; a copy of the tax-exempt certificate must also be attached. These fees cover administrative costs for review of the application and issuance of the permit. There may be additional fees and deposits associated with the event depending on the location, size, and the nature of your event. Special Events held in a public park, including Civic Center Park/Washington Park venue, must pay park rental fees and a security/damage deposit of $250 prior to issuance of the Special Event Permit. Park fees are subject to change as directed by the Director of Parks. This deposit, or any portion thereof, may be retained by the City to pay for any damage caused to the park or City property or for any costs incurred by the City due to the use of the park for the event. A larger damage deposit (see chart below) may be required if the City reasonably determines that the risk of any damage to City property due to the size or nature of the event exceeds $250. The Applicant is responsible for any damage to City property that is not covered by the security deposit. Participants Fee per Day Damage Deposit without Alcohol Damage Deposit Events with Alcohol 1-250 $100 (at least) $250 $500 251-500 $200 (at least) $250 $500 500-1499 $200 (at least) $250 $1,500 1500-2499 $200 (at least) $250 $2,500 2500+ $550 (at least) $250 $5,000 25.1 Packet Pg. 347 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) Notwithstanding any additional material or property damage arising from use, which will be collected as stated in the permit, the following percentage of the security deposit will be retained if any of the above permit conditions are not met: • 25% set up prior to time approved by Coordinator • 25% late tear down/cleanliness of space • 50% additional set up beyond stated equipment (e.g., tents when permit stated stage only) 1.5 Application Submission and Review The permitting process begins as soon as an Applicant submits an Event Application online. When the status of the application changes from “Submitted” to “Under Review”, the Special Event Office has begun to review the application. If more information is needed during review, the Applicant will be notified. Once the application is approved and all fees/deposits are collected, and required attachments have been received, the Applicant will receive a Permit for the event via email. Applications will be reviewed by FCPS, Safety, Security & Risk Management, PFA, Parks, Traffic Operations, and other appropriate departments as determined by the Coordinator prior to approval. This review process may require additional time if questions and/or problems with the application arise. 1.6 Special Event Review Meetings Based on the size and scope of the event, the Coordinator may request a meeting between the Applicant and relevant City departments to review applications that may pose a significant impact to surrounding neighborhoods and community resources. The purpose of this meeting is to review the permitting process, the permit application, as well as City rules, regulations, policies, and requirements. 1.7 Cancellation The City reserves the right to cancel, postpone, or reschedule the Event with 48 hours prior notice to the Applicant, other than in the case of an emergency or the existence of other conditions (including adverse weather and site conditions), in which case the City may cancel the Event with less notice. In the event of such emergency, the City will refund to the Applicant any fees paid to date, or attempt to reschedule the event to a new date. The City reserves the right to cancel, postpone, or reschedule the Event, or revoke a permit, if the Applicant fails to comply with these Terms and Conditions. In such event, the Applicant is not entitled to a refund of any fees paid, and the Applicant may be liable to pay additional costs incurred by the City due to the cancellation. Applicant may cancel, postpone, or reschedule the event with 48 hours prior notice to the City, other than in the case of an emergency or the existence of other conditions (including adverse weather and site conditions), to a date mutually agreed upon by the City and the Applicant. All fees and deposits paid will be returned to Applicant, or applied to the rescheduled event application. Section 2 – Special Event Permit requirements 25.1 Packet Pg. 348 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) 2.1 Site Plan/Route Map An aerial, clearly detailed site plan (for fixed events) or route map (for moving events) must be provided with an Event Application. Event Applications that do not contain clear and accurate maps cannot be approved. To ensure appropriate review of the Event, Applicants are encouraged to submit a site plan/route map electronically in (PDF) Portable Document Format. Applicants should refer to the Site Plan Checklist for site plan requirements and the Route Map Checklist for route map requirements. Omission of any checklist elements constitutes an incomplete site plan. The site plan must be scaled to accurately represent the location of each element of the Event. Route maps should be prepared using a route mapping program like GPSie, PlotARoute.com or RaceEntry.com, or another program as designated by the Coordinator. 2.2 Work Area Traffic Control Plan Events involving street or lane closures, including but not limited to, marches, parades, runs, walks, and bike rides, require a Special Event Permit, Work Area Traffic Control Plan, Work Area Traffic Control Plan Approval form, and a site plan or route map. It is the Applicant’s responsibility to provide traffic control devices for the Event, obtained from a professional traffic control company, at the Applicant’s expense. For the safety of participants and spectators, all events that utilize city streets may be required to provide fixed traffic control devices, volunteer course marshals/traffic monitors, paid traffic flaggers, or off-duty police officers. Requirements will be determined based on the size, scope, and impacts of the event. If there are street closures, PFA requires an emergency access path of no less than 20’ wide be maintained free and clear of all immovable objects on streets and fire apparatus access roads at all times during the event. Traffic control devices may be placed on public streets to prevent traffic from crossing, but cannot block emergency travel. If traffic control devices are used, Applicants must ensure staff is available to remove barricades, should emergency travel be necessary. 2.3 Notification to Surrounding Neighborhoods and Businesses All events involving street closures and/or amplified sound that may exceed the City’s noise code provisions are required to notify the surrounding neighborhoods and businesses impacted by the event in advance. The notification must provide the following information: • Date, time, location, and name of event • On-site contact information • Event hours (load in and load out times) • Street closures • Amplified sound hours (if applicable) • A site plan or route map attached Confirmation of such advanced notice must be provided to the City no less than five business days before the Event. 25.1 Packet Pg. 349 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) 2.4 Noise Variance Events with amplified music or announcements are subject to the City’s noise code provisions in Chapter 20, Article II. A Noise Variance may be requested by contacting Community Development & Neighborhood Services. For the Noise Ordinance Variance Form, visit: http://www.fcgov.com/specialevents/pdf/noise- variance-form.pdf Events held in Civic Center/Washington Park may only have amplified sound from 10:00 am to 9:00 pm on Friday and Saturday, and from 12:00 pm to 8:00 pm Sunday through Thursday. Otherwise, amplified sound may occur only from 9:00am to 10:00pm on Friday and Saturday, and from 9:00am to 8:00pm on Sunday through Thursday. During the Event, Code Compliance Officers from the Community Development and Neighborhood Services Department must be allowed access within the event for purposes of monitoring sound levels. For large events, at the City’s discretion, there may be a requirement for Code Compliance Officers to monitor sound levels, and a fee to cover the cost. A Code Compliance officer who determines the level of noise from the event exceeds allowable levels may issue a citation for a civil infraction violation. 2.5 Event Contingency and Emergency Response Plan Events may be required to complete an Emergency Contingency and Emergency Response plan for severe weather, medical emergencies, and other emergency situations. Applicants may be required to complete and submit the City’s Event Contingency and Emergency Response form. This information will be shared with the Emergency Management Team in case it is needed in an emergency situation during the event. 2.6 Recycling and Waste Management Plan The City requires a recycling and waste management plan at all events, addressing the requirements described in paragraph 6.5. Section 3 - Indemnification agreement Prior to the issuance of an event permit, unless the applicant is the City, the Coordinator shall require the applicant and authorized officer of the applicant's organization (if any) to sign an agreement for the permittee to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. All applicants, except those that are public entities, shall also agree to defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. Persons who merely join in an event are not considered by that reason alone to be "under the control" of the permittee. Section 4 – Insurance Proof of General Liability insurance coverage is required for most special events occurring on City property. The Coordinator in consultation with the Safety, Security & Risk Management office shall 25.1 Packet Pg. 350 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) determine whether to require such insurance, and the amount of insurance that shall be required, based upon the considerations routinely taken into account by the City in evaluating loss exposures, including, without limitation, whether the event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees and agents. A minimum of $1 million per occurrence liability policy with the City of Fort Collins listed as “additionally insured” is required before an Event Permit will be approved. Higher amounts may be required based on the event. The event name and dates should also be on the certificate, and the policy must be current through the event date. Section 5 - Traffic-control fees Applicants may be billed for actual traffic-control services required and rendered by the City. Section 6 - Duties of permittee 6.1 ADA Compliance All events are required to comply with all applicable City, County, State, and Federal Disability Access Requirements. All goods, activities, services, and benefits of the event (the “Amenities”) that are available to other members of the public must be made accessible to people with disabilities. If any portion of the event Amenities cannot be made accessible, an alternate area shall be provided with accessibility to the same Amenities that are offered in the inaccessible area. The Amenities cannot be offered only to patrons with disabilities. Access to Amenities offered may include, but is not limited to: concerts/shows, parking, restrooms, portable toilets, telephones, clear paths of travel, transportation, signage, vendor/booth goods, water fountains, shelter, first aid stations, and any other common Amenities. If all Amenities are not accessible in a public area, a map or program must be provided identifying where they are accessible. 6.2 Alcohol Applicant will not bring or consume or distribute any alcoholic beverages at the Site except with the City's prior written consent and a valid Special Event Liquor Permit issued pursuant to Chapter 3, Article III, Section 3-83.5 of the City Code. The Applicant will ensure that its officers, employees, contractors, subcontractors, licensees, and permittees comply with the Terms and Conditions of the Special Event Liquor Permit. Applicant will be required to describe how the perimeter of the event will be established (roping, fence, etc.), and how the applicant will keep alcohol from being removed from the event location. More information on Liquor Licensing here. 6.3 Carnivals and Circuses Carnivals and circuses may require permitting from multiple City departments/agencies, depending on where the carnival is taking place. Inspections and insurance will be required. 25.1 Packet Pg. 351 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) 6.4 Fireworks If fireworks or other pyrotechnic displays are to be a part of the Event, the Applicant will contract with a Fireworks Display Operator licensed by the State of Colorado. The Application for a Display Permit must be submitted by the Display Operator to the PFA for review. The Application to Display Permit from PFA does not automatically grant permission to shoot fireworks at the event. Other permits may be required, and the location of the event will be a determining factor in approving or denying fireworks at the event. 6.5 Trash, Recycling, and Post Event Cleanup The Applicant will dispose of all trash and recyclables generated by the Event daily, as well as immediately after conclusion of the Event, and will leave the Site in a clean and safe condition. The City encourages recycling at all events. Examples of recyclable materials include paper, aluminum, glass, plastic, and cardboard. The Applicant is responsible for providing appropriate recycling containers. If applicable, the Applicant will also provide appropriate containers for the disposal of grease and oil and dispose of such material as required by Trash and Recycling Municipal Code. The Site must be cleaned, including power washing if necessary, following the City's Storm Water Policies and Procedures, and all event items must be removed, including trash/recycling containers, power equipment, portable toilets, etc., by the next day of business no later than 6:00 a.m. 6.6 Permitted Use The Applicant will use the Site only for the Event as described in the Application, and for no other purpose without the City's prior written consent. The Applicant will not prune, cut, plant, damage, or remove vegetation, without prior written permission from the City. 6.7 Restoration The Applicant will remove any equipment, materials, installations, or other objects from the Site on or before the expiry or sooner termination of the Term. If the Applicant fails to do so, the City may, at its option, remove any such remaining equipment, materials, installations, or other objects and store the same at the sole cost and liability of the Applicant, provided that if the Applicant does not recover such items and compensate the City for any reasonable removal or storage costs therefore thirty (30) days after receipt of written notice to do so, the City may, at its option, dispose of such items and retain the proceeds, if any, pursuant to City policies, without liability for damage to or loss of any such items. 6.8 Restrooms Depending on the scope and size of the event, Applicant must provide portable restroom facilities as follows: one portable unit per 150 guests. ADA compliant accessible portable restrooms must be provided. 6.9 Safety/Security FCPS will work closely with Applicant to review the security needs for the event. Depending on the size, scope, location or other public safety related considerations of the event, Police Services may require officers or professional security personnel on-site during the event to protect the safety of people and 25.1 Packet Pg. 352 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) property. Applicant will be notified of the requirements for police personnel and will be responsible for the cost of those officers. The Applicant must designate a contact person with decision making authority who will be continuously available to law enforcement personnel and present at the event. PFA may charge large events for services, including but not limited to, on-site walk through, plan review, on-site incident command, on-site emergency care, and fire prevention. The cost of staffing PFA personnel for the event will be the responsibility of the Applicant. 6.10 Sale of Food, Beverage, or Merchandise Individual vendors selling or distributing food, beverage, or merchandise at the event are not required to obtain an Outdoor Vendor License if a Special Event Permit has been issued for the event. The Applicant must provide the City Sales Tax Office with a written list of all authorized vendors at the Event. Any person who intends to sell any goods or services on the Site must first obtain a Sales Tax License from the City's Sales Tax Office. Each individual vendor will be required to have their own Sales Tax License. The signed license must be displayed and easily visible on the vendor(s) equipment while at the event. The Applicant is responsible for ensuring that the vendors participating in the event comply with these requirements. If non-packaged food is being sold at the Event, the Applicant must direct the vendors to complete the Larimer County food vendor application. All vendors at the Event who cook or heat food with any flames or deep frying, must comply with the regulations set forth by PFA. These vendor requirements are listed on PFA's website, and a copy must be distributed by the Applicant to each of the event’s vendors prior to the beginning of the event. 6.11 Smoking The Applicant will prohibit smoking at the Event in accordance with Chapter 12, Article III of the City of Fort Collins Municipal Code. All smoking is prohibited at events permitted by the City, on City owned property, or in the downtown Fort Collins Smoke-Free Zones. More information on Smoking in Fort Collins, including a map, can be found here. 6.12 Staking and Utility Locates Any staking into the ground deeper than 6" will require a call to the Utility Notification Center of Colorado for Utility Locates (811 or 1-800-922-1987). The Applicant will provide electrical power required for the purposes of the Event. The Applicant may schedule a meeting with City Parks staff at least two weeks prior to the date of the event to determine irrigation line locates, electrical needs, water needs, and to discuss any other potential problems associated with the event. Failure to timely schedule and attend this meeting may result in revocation of the Special Events Permit. For the Parks Department, call 970- 221-6660. 6.13 Tents, Inflatables, and Temporary Structures All tents or other air supported membrane structures greater than 400 square feet (20’ x 20’) must obtain a tent permit from PFA. Any canopy over 700 square feet also requires this permit. 25.1 Packet Pg. 353 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) __________________________________ Darin Atteberry, City Manager Date: __________________________ APPROVED AS TO FORM: _________________________________ Assistant City Attorney 25.1 Packet Pg. 354 Attachment: Special Event Permit Terms and Conditions (6422 : Special Events Code Revisions) 1 Special Event Municipal Code Revisions Jan Sawyer, Special Event Coordinator Lt. Jim Byrne, Fort Collins Police Services February 6, 2018 25.2 Packet Pg. 355 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Special Event Coordination Program Special Event Coordinator: Position created in 2015 • Coordinates Special Event Permit work by City staff • Central point of contact for event producers, citizens, businesses, City staff and leadership • Key 2017 deliverables: - Update and revise Municipal Code pertaining to special events - Streamline application process by developing an online Special Event Permit application City Departments Reviewing Special Event Permits City Attorney’s Office City Clerk – Liquor Licensing Code Enforcement CPIO Parking Services Parks Police Services Poudre Fire Authority Safety & Risk Management Special Event Coordinator Streets Traffic Transfort 2 25.2 Packet Pg. 356 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Fort Collins Municipal Code – Special Events 3 Section 23-5: Special Events & Demonstrations • Has not been updated in more than a decade • Major changes requested include: • Updated definitions • Definition of Special Event Coordinator • Creation of Terms & Conditions 25.2 Packet Pg. 357 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Revised Definitions Revisions to Definitions in Section 23.5-2 • Minor revisions to Block Party for clarification • Change “Coordinator” from Police Chief to Special Event Coordinator • Add Funeral Procession definition to differentiate from a parade • Clarifications to definition of Special Event 4 25.2 Packet Pg. 358 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-3 -- Permit Required (a) Include requirement for special event permit for events, “on private property where the event impacts a public right of way or adjacent property uses…” • Formalizing a practice already conducted informally with private property owners whose events have significant traffic or safety impacts • New Belgium Brewing, Odell Brewing and The Coloradoan have all worked cooperatively with Fort Collins Police Services and the Special Event Coordinator to implement traffic control and safety measures for events held on their private property that impacted traffic flow or pedestrian safety 5 25.2 Packet Pg. 359 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-3 -- Permit Required (b) (1) Exclude from the special event permit requirements property owned by other governmental entities, or City-owned property managed by other governmental entities pursuant to an intergovernmental agreement with the City, so long as such event does not involve the closure of any streets or sidewalks that are normally open to the public; • Events taking place entirely within an area controlled by another governmental entity (ex. Old Town Square) will not be required to obtain a Special Event Permit from the City, provided they do not close streets or sidewalks 6 25.2 Packet Pg. 360 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-4 – Demonstration Notice Required (a) & (b) A twenty-four (24) hour notice requirement for gatherings of more than 50 persons primarily involving the communication, or expression of views or grievances. Gatherings defined as demonstrations may be subject to reasonable time, place, manner or route restrictions, if deemed necessary for the safety of participants and/or the public (c) Those organizing a demonstration of more than 50 persons, more than 24-hours in advance of the activity, are encouraged to contact the Coordinator as soon as practicable prior to the demonstration to determine if any elements are subject to permits or conditions related to public safety • Demonstrations are typically last minute gatherings of persons communicating views or airing grievances, and cannot meet the timelines to apply for a Special Event Permit • Coordinator will review demonstrations planned further out to determine if any elements of their activity (tents, vendors, etc.) are subject to permits or conditions related to public safety 7 25.2 Packet Pg. 361 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events Section 23.5-4 -- Permit Requirements Administrative regulations. The City Manager or his/her designee is authorized to promulgate such rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration and enforcement of this Chapter. • Staff recommends that Special Event Permit application procedures, fees, and requirements be moved from Municipal Code into an administrative Terms and Conditions document approved by the City Manager 8 25.2 Packet Pg. 362 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events 9 Terms and Conditions for Special Event Permit Applications: Application Fee Increase: • $100 application processing fee • $50 for not-for-profit organizations • No fee for neighborhood block parties Application Deadlines: • Lengthened to provide adequate time for staff review 25.2 Packet Pg. 363 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events 10 Additional Requirements Added to Terms and Conditions for Special Events: • Event compliance with the Americans with Disabilities Act • Review meeting between event producer and City staff • Portable restrooms • Notifications to affected residents & businesses • Safety & security plans • Site plan & route maps • Compliance with the City’s No Smoking Ordinance • Trash, recycling & post-event clean-up 25.2 Packet Pg. 364 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Special Event Coordinator Program: 2018 Deliverables • Develop a Public Engagement Plan to obtain and utilize public input regarding Special Event Permits, regulations and neighborhood impacts • Develop a tiered event system • Events categorized by size, scope, longevity, and impacts • Permit requirements and fees correspond to tier designation • Develop a matrix to quantify impacts of events both positive and negative • Review and update permit fees to recover administrative costs • Add commercial film permitting to the SEC program Municipal Code Revisions – Special Events 11 25.2 Packet Pg. 365 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) Municipal Code Revisions – Special Events Thank you for your time and consideration Questions & Discussion 12 25.2 Packet Pg. 366 Attachment: Powerpoint presentation (6422 : Special Events Code Revisions) -1- ORDINANCE NO. 018, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23.5 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SPECIAL EVENTS WHEREAS, on April 21, 1987, the City Council adopted Ordinance No. 018, 1987, establishing standards for issuing City permits for special events; and WHEREAS, the Special Event Coordinator program was created in 2015 to facilitate and coordinate the issuance of special event permits by various City departments, while also providing a central point of contact for event producers, citizens, businesses, and City staff seeking information or guidance about special events; and WHEREAS, since that time, staff has been working diligently to update their processes and procedures regarding the issuance of special event permits; and WHEREAS, the City has a right and a responsibility to regulate the time, place and manner of special events to protect the public health and safety of its residents, and to reduce the adverse impacts on public spaces, the environment, businesses and neighborhoods in the City; and WHEREAS, after thorough review of Chapter 23.5, City staff is recommending that it be amended to do the following: • be consistent with current practices including designating the Special Event Coordinator as the staff person responsible for special events and revising the dates for application submittals and appeals; • exclude funeral processions from the special event permit requirements because Fort Collins Traffic Code Section 1417 already regulates funeral processions; • exclude from the special event permit requirements property owned by other governmental entities, or City-owned property managed by other governmental entities pursuant to an intergovernmental agreement with the City, so long as such event does not involve the closure of any streets or sidewalks that are normally open to the public; • be more clearly consistent with the current state of applicable First Amendment case law by distinguishing demonstrations from special events, and specifying different notice requirements for demonstrations; • reduce the potential for adverse impact on public spaces by revising the definition of special event in the City Code to include events on private property that substantially impact a public right of way or adjacent public property; and Packet Pg. 367 -2- • authorize the City Manager to approve permit terms and conditions to reduce the level of discretion the Special Event Coordinator has in making these decisions; • incorporate the permit conditions, permittee duties, indemnification and insurance provisions, and fees and deposits into the terms and conditions as approved by the City Manager to allow for more flexibility in making timely changes to these provisions consistent with policy, practice, and law, while ensuring there is not unfettered discretion in adopting such changes; and WHEREAS, the Council has determined that the proposed amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 23.5 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-1. Purpose. This Chapter establishes the standards for the issuance of a permitrequirements for special events, parades, block parties, and demonstrations in the City. Unless expressly stated herein, the requirements of this Chapter do not replace or substitute for other permitting requirements that may apply to activities held on public properties as may be set forth in other chapters of this Code. Sec. 23.5-2. Definitions. Applicant shall mean any person or organization who seeks a permit from the City to conduct or sponsor an event governed by this Chapter. An applicant must be eighteen (18) years of age or older. Block party shall mean a festive gathering of neighbors on a residential street including but not limited to barbecues, picnics, music, or games. requiring the closure of a street or a portion thereof to vehicular traffic and use of the street for the festivity, including barbecues, picnics, music or games. 25. Coordinator shall mean the Chief of Police Special Event Coordinator or his or her designee. Demonstration shall mean a rally, picketing, speechmaking, marching, vigil, religious services or any other similar gathering or parade that primarily involves the communication or expression of views or grievances, engaged in by more than one (1) person, that occurs on a street or highway, including sidewalks, or on a publiclyCity-owned outdoor mall or plaza, or on other property Packet Pg. 368 -3- owned or leased by the City, which demonstration activity does not comply with traffic laws and controls or which may, in the reasonable judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the subject property, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the general public or participants in the activity demonstration or other persons. Event shall mean all demonstrations and special events as defined herein. Funeral or funeral procession shall mean a coordinated array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a coordinated procession (unless led by a state or local law enforcement vehicle) and each vehicle participating in the procession is operating its headlights, as further described in Section 1417 of the City of Fort Collins Traffic Code. Parade shall mean a march or procession not primarily involving the communication or expression of views or grievances, consisting of persons, animals or vehicles, or combination thereof, on any street or highway, including sidewalks, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or controls. Permit or special event permit shall mean a permit issued for either a demonstration a special event or special event as defined in this Section. Permittee shall mean any person or organization who has been issued an event permit by the Coordinator. Public entity shall mean the State; any institution, agency, instrumentality, authority, county, municipality, city and county, district or other political subdivision of the State, including any school district and institution of higher education. Special event or event shall mean a parade, athletic contest, block party, parade, street fair, festival, outdoor concert, art and craft show, carnival, fun run or walk, bike ride or race or foot race, block party, soap box derby, or other outdoor event which is not a demonstration as defined in this Section, that occurs on a street or highway, including sidewalks, or on a publiclyCity- owned outdoor mall or plaza or park, or on other property, including private property and property owned or leased by the City, which event does not comply with traffic laws and controls or which may, in the reasonable judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the property impacted by the event, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on the public property or which may create a significant risk of injury to the general public or participants in the event or other persons. Special event terms and conditions shall mean the document setting forth the administrative requirements, rules and regulations governing special events that is approved as to form by the City Attorney’s Office, and adopted by the City Manager pursuant to §23.5-3. Packet Pg. 369 -4- Street or highway has the same meaning as defined in Part 20 of the Fort Collins Traffic Code, as adopted in Section 28-16, and includes bike and pedestrian lanes or paths. Sec. 23.5-3. Permit required. (a) Any person desiring to conduct an event in the City, including on private property where the event impacts a public right of way or adjacent public property uses, shall first obtain a permit under this Chapter. from the Coordinator; provided, however, that (b) Aan event permit shall not be required for the following: (1) Events that occur exclusively within City natural areas, or recreation areas, or on property owned by other governmental entities, or City-owned property managed by other governmental entities pursuant to an intergovernmental agreement with the City, as the same are defined in this Chapter, and do not involve the closure of any streets or sidewalks that are normally open to the public. All events within City natural areas, or recreation areas, or on property owned by other governmental entities, or City-owned property managed by other governmental entities pursuant to an intergovernmental agreement with the City, that do involve the closure of such streets or sidewalks shall be reviewed by the Coordinator and shall be subject to the permit requirements of this Chapter, but only with regard to that portion of the event which occurs upon or affects the streets or sidewalks. Other activities conducted within the natural areas or recreation areas in conjunction with such events shall be regulated according to the requirements of Chapter 23, Articles IX and X, respectively.; (2) Parades involving a total of forty (40)fifty (50) or fewer pedestrians marching along a route that is restricted to sidewalks and which crosses streets only at pedestrian crosswalks in accordance with traffic regulations and controls; pedestrians participating in such parades shall cross streets in groups of fifteen (15) people or less, and shall allow vehicles to pass between each group; (3) Funeral processions; (4) Demonstrations. (c) Special event permit applications may not be submitted sooner than one (1) year prior to the event date. Such submissions by any person desiring to conduct a special event in the City must occur not less than: (1) twenty (20) business days before the date of the event for block parties; (2) forty-five (45) business days before the date of the event for all other events not serving alcohol; or Packet Pg. 370 -5- (3) sixty (60) business days before the date of the event for events involving the sale or service of alcohol, or for events at the Civic Center Park/Washington Park event venue. Sec. 23.5-4 Demonstration notice required. (a) Any person desiring to conduct a demonstration in the City, including on private property where the activity impacts a public right-of-way or adjacent public property use, shall file a notification of demonstration with the Coordinator in the manner established by the Coordinator at least twenty-four (24) hours prior to the demonstration. Failure to provide such notice may result in restriction, relocation, or prohibition of the activity. (b) The Coordinator and public safety officials need advance notice of a demonstration so they can advise demonstration organizers of permissible activities pursuant to the City Code, determine whether additional security is needed based upon the number of anticipated participants, and work with demonstration organizers to determine reasonable time, place, manner, location and route restrictions to protect the safety of persons and property. (c) Any person organizing a demonstration more than twenty-four (24) hours in advance, expected to involve more than fifty (50) persons, or where the activity is expected to substantially impede or interfere with vehicular traffic or pedestrian use of any public right-of-way, is encouraged to contact the Coordinator as soon as practicable prior to the activity, to determine whether elements of such activity not related to the communication or expression of views or grievances are subject to a permit or conditions related to public safety. Sec. 23.5-45. Application procedure; fee Permit application dates; fees; deposits. (a) Any person desiring to sponsor an event not exempted by § 23.5-3 shall apply for an event permit by filing a verified application with the Coordinator on a form supplied by the Coordinator. Applications must be submitted not less than twenty (20) business days for block parties, as defined in § 23.5-2, forty-five (45) business days for events involving the sale or service of alcohol, and thirty (30) business days for all other events, nor more than one (1) year before the event date. (b) If the application is for a demonstration, the Coordinator shall, upon a showing of good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police services for the event. Good cause may be demonstrated by the applicant by showing that the circumstance that gave rise to the application did not reasonably allow the applicant to file within the time prescribed. (c) If the applicant is not an organization qualified for exemption from the payment of City sales and use taxes pursuant to § 25-94, the application for a permit shall be accompanied by a nonrefundable permit application fee in an amount set by the City Manager in accordance with § 7.5-1. The fee shall cover, but not exceed, the full cost of processing and investigating such Packet Pg. 371 -6- permit applications and administering the permit program. No permit application fee shall be charged to organizations qualified for exemption from the payment of City sales and use taxes pursuant to § 25-94. (a) Any person desiring to obtain an event permit must file a complete application, including all required attachments, with the Coordinator within the time periods set in the administrative rules and regulations, and special event terms and conditions. (b) Prior to issuance of a permit, the applicant shall pay to the City all applicable fees and deposits in amounts determined by the City Manager in accordance with § 7.5-1 to be sufficient to cover the full cost of processing and investigating such permit application and administering the permit program set forth in this Chapter. (c) Upon approval of an application for an event permit, the Coordinator shall provide the applicant with a statement of the estimated cost of providing peace officers for traffic-control or security at the event. The applicant shall be invoiced for the estimated traffic-control or security costs. Traffic-control includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event. (d) Traffic control and security charges shall be paid within ten (10) days of the date on the invoice, even if the applicant is seeking appeal under § 23.5-9. Sec. 23.5-56. Action on application. The Coordinator shall approve, conditionally approve or deny an application on the grounds specified in § 23.5-6 this Chapter. Such action shall be taken no later than five (5) business days for block parties, thirty (30) business days for events involving the sale or service of alcohol, and fifteen (15) business days for all other events after receiving a completed application and applicable and fees, if applicable. If the application is denied or conditionally approved, the Coordinator shall inform the Aapplicant in writing of the grounds for denial or the conditions on the permit and the Aapplicant's right of appeal under § 23.5-9. If the Coordinator relied on information about the event other than that contained in the application, he or she shall inform the applicant of such information. If the Coordinator refuses to consider a late application under Subsection 23.5-4(b), he or she shall inform the Aapplicant in writing of the reason for the refusal, and of the Aapplicant's right of appeal. Sec. 23.5-67. Grounds for denial of application. (a) The Coordinator shall approve an application for an event permit unless he or she determines, from a consideration of the completed application and other pertinent information, that: (1) Information contained in the application, or supplemental information requested from the Aapplicant, is found to be materially false in any material detail; or Packet Pg. 372 -7- (2) The Aapplicant has failed to complete the application form within the time frame permitted by the Coordinator after having been notified of any additional information or documents required; or (3) Another event permit or application has been received prior in time, or has already been approved, to hold another event on the same date and time requested by the applicant, or so close in time and place as to cause undue traffic congestion, or burden the City's ability to meet the needs of the demand for police, fire or other emergency services to the remainder of the City due to more than one (1) event occurring anywhere in the City; or (4) The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic on or contiguous to the event site or route or will disrupt the use of a street or highway at a time when it is usually subject to traffic congestion; or (5) The size, nature or location of the event will present a substantial risk to the health or safety of the public or participants in the event or other persons; or (6) The size of the event will require diversion of so great a number of peace officers of the City to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City; nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of participants with the number of peace officers available to police the event; or (7) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, parks, or other City facilities or a previously granted encroachment permit; or (8) The event shall occur at a time when a school is in session on a route or at a location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class; (9) The event involves the use of hazardous, combustible or flammable materials which could create a fire or safety hazard; (10) The event will violate an ordinance or statute; (11) The applicant has failed to pay costs, fees or deposits for the application or for previous special events permits; or (12) The applicant has failed to abide by the requirements or conditions of previous special events permits. Packet Pg. 373 -8- (b) When the grounds for denial of an application for permit specified in Paragraphs (a)(4) through (a)(9) above can be corrected by altering the date, time, duration, route or location of the event, the Coordinator shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with said Paragraphs. Sec. 23.5-78. Permit conditions. (a) The Coordinator may condition the issuance of an event permit by imposing reasonable requirements concerning the time, place and route of the Eevent and such requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions may include but are not limited to those described in § 23.5-10 and as set forth in administrative policies and procedures, rules and regulations, and special event terms and conditions adopted by the City Manager. include but are not limited to the following: (1) Alteration of the date, time, duration, frequency, route or location of the event; (2) Conditions concerning the area of assembly and disbanding of parades or other events occurring along a route; (3) Conditions concerning accommodation of available parking, pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of- way; (4) Requirements for the use of traffic cones, barricades or other traffic-control devices to be provided, placed and removed by the permittee at its expense; (5) Requirements for provision of emergency access and first aid or sanitary facilities; (6) Requirements for arrangement of supplemental fire protection personnel to be present at event at the permittee's expense; (7) Requirements for use of event monitors and providing notice of permit conditions to event participants; (8) Restrictions on the number and type of vehicles, animals or structures at the event and inspection and approval of floats, structures and decorated vehicles for fire safety by the Poudre Fire Authority; (9) Requirements for use of garbage containers, cleanup and restoration of City property; (10) Restrictions on use of amplified sound; Packet Pg. 374 -9- (11) A requirement that an event permit to conduct a block party may be conditioned on the giving of notice to the residents of dwellings along the affected street(s); (12) Compliance with any relevant law and obtaining any legally required permit or license, including, without limitation, a temporary vendor's license under § 15-382 et seq., a special event liquor license under Section 12-48-101 et seq. C.R.S., and a natural area or recreation area permit pursuant to the requirements of Chapter 23, Articles VIII or IX, respectively; (13) Requirements for posting a deposit for cleanup costs anticipated due to the event; (14) Designation by the applicant of a contact person with decision making authority who will be continuously available to law enforcement personnel and present at the event. (b) Failure to comply with permit conditions shall result in the revocation of the permit and termination of the event. Sec. 23.5-89. Appeal procedure. The Aapplicant shall have the right to appeal the denial of a permit, or the imposition of a permit condition, or a fee under § 23.5-5. A notice of appeal shall be filed with the City Manager's office with a copy to the Coordinator, setting forth the grounds for the appeal within five (5) three (3) business days after mailing or personal delivery receipt of a notice of denial or permit condition. Such receipt of notice shall be presumed three (3) business days after the date of mailing to the address provided in the application. The City Manager or his or her designee shall administratively review the decision to deny the permit or impose conditions no later than ten (10) five (5) business days after the filingreceipt of the appeal notice. No hearing on the matter shall be required. The applicant and the Coordinator may present written evidence and/or argument to assist the City Manager or designee's review. The City Manager or his or her designee shall render his or her written decision no later than one (1) business day thereafter reviewing the decision. In the event that a notice of appeal is filed in accordance herewith but fewer than six (6) business days prior to the requested date for an event for which a permit has been denied, the City Manager shall conduct the review and issue his or her decision no later than two (2) business days after the filing of the appeal. If the City Manager determines that circumstances do not permit the completion of such review and decision at least one (1) full business day prior to the time and date for the initiation of an event regarding which an appeal is pending, he or she shall notify the appealing applicant of said determination in writing and said applicant shall be entitled, but not required, to seek judicial review of the permit denial or permit conditions with no further administrative review. The City Manager's decision shall be final, subject only to such judicial review as may be available under the Colorado Rules of Civil Procedure. Sec. 23.5-910. Permit issuance; rules and regulations; terms and conditions. Packet Pg. 375 -10- (a) The City Manager or his or her designee is authorized to promulgate such rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration, and enforcement of this Chapter. If, after review of the criteria contained in § 23.5-6 above, the Coordinator determines that a permit should be granted, (b) The Coordinator shall act in accordance with the City Manager’s rules and regulations. (c) tThe Coordinator shall issue the event permit once the applicant has acknowledged and agreed in writing to comply with all the rules and regulations and special event terms and conditions terms and conditions of the permit, including but not limited to the following: and the following sections of this Chapter have been complied with: (1) Section 23.5-10 pertaining to iIndemnification agreement; (2) Section 23.5-11 pertaining to iInsurance coverage; (3) Section 23.5-12 pertaining to traffic-control fees; and (4) Section 23.5-13 pertaining to cleanup deposits (when applicable) (3) Application deadlines; (4) Site plan / route map requirements; (5) Notification requirements; (6) Noise variance (when applicable); (7) Emergency response plan; (8) Recycling and waste management plan; (9) ADA requirements; (10) Alcohol, smoking and firework restrictions; (11) Safety and security requirements; (12) Restoration requirements; (13) Sale of food, beverage, or merchandise restrictions; (14) Staking and utility locate restrictions; Packet Pg. 376 -11- (15) Any and all special event terms and conditions. Application approval may be dependent or conditioned on reasonable time, place, and manner restrictions, as well as applicant’s ability to address public property and safety concerns. Sec. 23.5-10. - Indemnification agreement. Prior to the issuance of an event permit, unless the applicant is the City, the Coordinator shall require the applicant and authorized officer of the applicant's organization (if any) to sign an agreement for the permittee to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. All applicants, except those that are public entities, shall also agree to defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. Persons who merely join in an event are not considered by that reason alone to be "under the control" of the permittee. Sec. 23.5-11. - Insurance. (a) Prior to the issuance of an event permit, the Coordinator may require the applicant and authorized officer of the applicant's organization (if any) to possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. The Coordinator shall determine whether to require such insurance, and the amount of insurance that shall be required, based upon the considerations routinely taken into account by the City in evaluating loss exposures, including, without limitation, whether the event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees and agents. (b) If insurance coverage is required pursuant to Subsection (a) above, a copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Coordinator no less than five (5) days before the date of the event unless the Coordinator for good cause changes the filing deadline, in which event such documents shall be provided on the date and time specified by the Coordinator. (c) The insurance requirements of Subsections (a) and (b) above shall be waived by the Coordinator for demonstrations if the applicant or an officer of the applicant's organization signs a verified statement that he or she believes the event is a demonstration under the definition in this Chapter, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one (1) insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage. Packet Pg. 377 -12- (d) If the Coordinator waives the insurance requirements set forth in Subsections (a) and (b), the City may, in its discretion, require the applicant to apply for insurance coverage for the event under a policy selected by the City. The applicant must provide any information pertinent to qualifying for the insurance coverage. The premium for such insurance coverage would be paid by the City rather than the applicant. (e) Notwithstanding any provision of this section to the contrary, the Coordinator shall require all public entity permit holders to provide public liability insurance as required by Subsection (a) above in lieu of indemnifying the City under the provisions of Section 23.5-10. Sec. 23.5-12. - Traffic-control fees; optional use of pre-established event routes. (a) Prepayment of fees. Upon approval of an application for an event permit, the Coordinator shall provide the Applicant with a statement of the estimated cost of providing peace officers for traffic-control or security at the event. The Applicant of the event shall be required to pay the estimated traffic-control or security fees no later than five (5) days prior to the event unless the Coordinator for good cause changes the filing deadline, in which event such documents shall be provided on or before the deadline given by the Coordinator. Traffic-control includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event. (b) Computing traffic-control fees . Traffic-control fees will be computed based on an hourly rate with a minimum charge of two (2) hours per officer or supervisor. The hourly rate is based upon negotiated benefits for peace officers and will be updated periodically. The Coordinator shall keep a record of such rate. (c) Refunds or overruns . If the actual cost for traffic control on the date of the event is less than the estimated cost pursuant to Subsection (a) above, the difference will be promptly refunded to the applicant by the City, subject, however, to the minimum stated in Subsection (b) above. If the actual cost for traffic control is more than the estimated cost, the City shall bill the applicant for the excess and the applicant shall pay the same within ten (10) days of the date of the bill. (d) Preestablished event routes and fees . The Coordinator may preestablish several event routes and times within the City which are not required to be used by applicants. The routes shall specify the number of officers and traffic-control devices or marshals needed for traffic control on the routes, if any. Such preestablished event routes and times and the fee schedule for traffic- control services shall be made available to the public. (e) Waiver of fees for demonstrations . Traffic-control fees will be waived by the Coordinator for demonstrations if the following conditions are satisfied: (1) The applicant signs a verified statement that he or she believes the event's purpose is First Amendment expression, and that he or she has determined that the cost of traffic- control fees is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; and Packet Pg. 378 -13- (2) The applicant selects one (1) of the preestablished event routes. Sec. 23.5-13. - Cleanup deposits for certain events (a) In connection with an event involving the sale of food or beverages, erection of structures, presence of horses or other large animals, or erection of water aid stations, the applicant shall be required to provide a cleanup deposit prior to the issuance of a permit. The cleanup deposit shall be in the amount established by the Coordinator, based upon an estimate of the actual costs reasonably estimated to be incurred by the City in the cleanup of an event of like nature and size. (b) The cleanup deposit shall be returned after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event. (c) If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost to the City for cleanup and restoration, and the cleanup deposit (or a portion thereof) shall be applied toward payment of the bill. If the applicant disputes the bill, he or she may appeal to the Coordinator within ten (10) days of the date of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant. Should the amount of the bill exceed the cleanup deposit, the difference shall be billed to the applicant by the City and the applicant shall pay the same within ten (10) days of the date of the bill. Sec. 23.5-14. - Duties of permittee. (a) The permittee shall comply with all terms and conditions of the special event permit. (b) The permittee shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event, is familiar with all the provisions of the permit and carries the event permit on his or her person for the duration of the event. (c) The permittee shall ensure that the area used for the event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event. Sec. 23.5-1511. Revocation of permit. (a) The Coordinator or a designee may, at any time prior to an event, revoke or terminate a permit that has been issued for the event if conditions change so that the permit application could have been denied in the first instance. (b) The Coordinator, or a designee, or Fort Collins Police Services may revoke or terminate the permit during the course of the event if continuation of the event presents a clear and present danger to the participants or the public. (c) The Coordinator or designee may revoke the permit and terminate the event during the course of the event for noncompliance with special event terms and permit conditions. Packet Pg. 379 -14- (d) The applicant is not entitled to a refund of any fees paid, and the applicant may be liable to pay additional costs incurred by the City due to the revocation. Sec. 23.5-1612. Violations; penalties. (a) It is unlawful for any person to sponsor or conduct a parade, or athletic event, other special event or demonstration requiring an event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a permit. (b) It is unlawful for any person to interfere with or disrupt a lawful demonstration, event or parade, athletic event or other special event. (c) It is unlawful for any person to conduct a demonstration requiring a notification of demonstration without first providing the required notice. (d) It is unlawful for any person to sponsor or conduct a demonstration that does not comply with all reasonable time, place, manner, and route restrictions deemed necessary by the Coordinator and public safety officials. (ce) The event permit authorizes the permittee to conduct only such event as is described in the permit in accordance with the special event terms and conditions of the permit. It is unlawful for the permittee to knowingly violate the special event terms and conditions of the permit, or for any event participant with knowledge thereof to knowingly violate the special event terms and conditions of the permit. (df) In addition to the penalties set forth in § 1-15, the Coordinator may consider the violation of the special event terms and conditions of a previous permit in approving or denying future event applications by the same applicant or organization. Section 3. That Sections 23.5-13 through 23.5-16 of the Code of the City of Fort Collins shall be reserved. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 380 -15- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 381 City of Fort Collins Page 1 urban renewal authority Wade Troxell, Chairperson City Council Chambers Gerry Horak, Vice-Chairperson City Hall West Bob Overbeck 300 LaPorte Avenue Ray Martinez Fort Collins, Colorado Ken Summers Kristin Stephens Ross Cunniff Cablecast on City Cable Channel 14 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. URBAN RENEWAL AUTHORITY BOARD MEETING February 6, 2018 After the Regular Council Meeting MEETING CANCELLED ITEM #1 WITHDRAWN FROM CONSIDERATION, 2/5/18  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW  Executive Director’s Review of Agenda.  CITIZEN PARTICIPATION Individuals who wish to address the Board on items not specifically scheduled on the agenda must first be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each individual.  State your name and address for the record.  Applause, outbursts or other demonstrations by the audience are not allowed  Keep comments brief; if available, provide a written copy of statement to Secretary  Address your comments to Council, not the audience City of Fort Collins Page 2  CITIZEN PARTICIPATION FOLLOW-UP  STAFF REPORTS  COMMISSIONER REPORTS Discussion Items The method of debate for discussion items is as follows: ● Chairperson introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chairperson requests citizen comment on the item (five-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 1. Resolution No. 084 of the Board of Commissioners of the Fort Collins Urban Renewal Authority Approving an Intergovernmental Agreement with the City of Fort Collins for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements. (staff: Patrick Rowe, Kurt Friesen; 10 minute staff presentation; 30 minute discussion) WITHDRAWN FROM CONSIDERATION AND SCHEDULED AS A WORK SESSION ITEM on FEBRUARY 27, 2018 The purpose of this item is to consider an Intergovernmental Agreement between the Fort Collins Urban Renewal Authority (URA) and the City of Fort Collins that provides $300,000 in tax increment financing (TIF) assistance. The TIF assistance will be utilized to pay Vine Street improvement costs associated with the Whitewater Park Project (the Project). The Project carries the following benefits for the North College Urban Renewal Plan Area:  Desirable amenity for businesses and residents, helping to draw interest and activate area.  Improved Vine Drive (parallel parking, parkway, detached sidewalk, landscaping, etc.)  Floodway channelization, generally removing the area immediately north and south of Vine Drive between College Avenue and Jerome Street.  Increased flow capacity, facilitating future project opportunities to reduce the floodplain and eliminate the overtopping of College Avenue.  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY February 6, 2018 Urban Renewal Authority Board ITEM WITHDRAWN FROM CONSIDERATION AND SCHEDULED FOR A WORK SESSION ON FEBRUARY 27, 2018 STAFF Patrick Rowe, Redevelopment Program Coordinator Kurt Friesen, Director of Park Planning & Development John Duval, Legal SUBJECT Resolution No. 084 of the Board of Commissioners of the Fort Collins Urban Renewal Authority Approving an Intergovernmental Agreement with the City of Fort Collins for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements. EXECUTIVE SUMMARY The purpose of this item is to consider an Intergovernmental Agreement between the Fort Collins Urban Renewal Authority (URA) and the City of Fort Collins that provides $300,000 in tax increment financing (TIF) assistance. The TIF assistance will be utilized to pay Vine Street improvement costs associated with the Whitewater Park Project (the Project). The Project carries the following benefits for the North College Urban Renewal Plan Area:  Desirable amenity for businesses and residents, helping to draw interest and activate area.  Improved Vine Drive (parallel parking, parkway, detached sidewalk, landscaping, etc.)  Floodway channelization, generally removing the area immediately north and south of Vine Drive between College Avenue and Jerome Street.  Increased flow capacity, facilitating future project opportunities to reduce the floodplain and eliminate the overtopping of College Avenue. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Whitewater Park Project Description The Whitewater Park is a planned 12.5-acre park that includes world class whitewater features, park gathering spaces, river overlooks, fish passage and habitat, stormwater improvements and restoration of the area. The project will include many items beyond the whitewater features, such as art in public places, road improvements, parking, pedestrian circulation, gathering spaces, wetlands and restoration, historic preservation and interpretation, removing the Coy diversion structure and south bank walls, cleaning up industrial properties, and creating a stormwater basin that returns water to the river. The project also includes a layout that supports future trails, pedestrian bridge, and an upper terrace gathering space that can be enhanced without the need for Federal Emergency Management Agency or US Corps of Engineers permitting. Agenda Item 1 Item # 1 Page 2 The Project is scheduled to begin construction Spring 2018 and the planned opening date is Spring 2019. North College URA Plan Area Benefits The Whitewater Project will be an amenity and destination for the area, creating a node of activity and interest along the south boundary of the North College URA Plan Area boundary. Further, the Project provides the following additional benefits to the URA plan area:  Vine Drive Improvements, including: 19 parallel parking spaces, detached sidewalk, landscaped parkway, curb and gutter, etc. The cost of these improvements is expected to be $300,000 or more. (Note: The area is within the Innovation subdistrict as identified by the 2017 Downtown Plan. Park Planning and Development staff is working with Planning and Engineering staff to coordinate potential future streetscape improvements that support and speak to the unique identity of the Innovation subdistrict).  Floodway Channelization, which will result in the removal of several developable properties from floodway, specifically those properties located immediately north and south of Vine Drive between College Avenue and Jerome Street. This is critical as floodplain regulations do not permit any new structures within the Poudre River floodway.  Increased flood flow under College Avenue bridge. The increased capacity will permit future projects to direct and convey the 100-year flood flows to the Poudre River and under the College Avenue bridge, thus preventing the overtopping of College Avenue and reducing the area floodplain.  Facilitates improved connectivity to Downtown, a specific goal of the North College Urban Renewal Plan. The pedestrian bridge contributes significantly to this connectivity. Due to funding limitations, the pedestrian bridge is not planned to be constructed in the initial phase. However, the bridge abutments are planned for the first phase of the project, provided the project can be brought within budget. Separately, the Project will also improve perceived connectivity as an important public amenity on the boundary of the two areas, which will draw interest from both North College and Downtown and soften the boundary. Although many of the plan area benefits are intangible, staff attempted to quantify the value of the above specified benefits. The following table summarizes this analysis: URA staff judged the value of the project to the North College Plan Area to significantly exceed the requested investment. Project Funding The Whitewater Park project has funding sources of $9,018,000 and a budget of $9,647,000. The primary source of funding for the project is the CCIP (Community Capital Improvement Program), which is contributing $4M of the approximate $9M available. As the amount provided from CCIP was less than necessary to fund the project, it was determined during the CCIP funding process that participating City departments would contribute funds to Benefit Value to NC Urban Renewal Plan Area Area Amenity/Activation Not calculated, though staff estimates the economic value of the project to the area to be significant. Vine Drive Improvements ~$500K (based on cost estimates) Floodway Channelization Significant. Results in ~4 acres becoming developable. Assuming a $5 / sqft land value benefit, would indicante ~$870K value to the area. Increased Flood Flow Capacity under College Ave Bridge ~$2.6M (based on cost estimates for the specific improvements that increased river channel capacity. Facilitates future benefits to the area (College Ave overtopping and floodplain reductions). Facilitates Improved Connectivity between North College and Downtown Not calculated, though staff judges this to be a significant component of the economic value of the project. Agenda Item 1 Item # 1 Page 3 allow the project to move forward. That effort resulted in $1M contributions from Stormwater, $1M from Natural Areas, and $1M from the General Fund (2015), in addition to the $1.5M of private and public fundraising funds. This provided a total of $8.5M of funding for the project. As the site will provide a neighborhood park use for the adjacent Old Town North Neighborhood, Park Planning contributed $400,000 towards the purchase of one of the available properties, and the fundraising group raised an additional $100,000, resulting in the total funding available of approximately $9M. Project Funding Sources Amount Community Capital Improvement Project $4,000,000 Natural Areas $1,000,000 Stormwater $1,000,000 General Fund (2015) $1,000,000 Park Planning & Development $ 418,000 Public and Private Fundraising $1,600,000 Total Funding $9,018,000 Budget Category Amount Vine Drive, Parking and Storm sewer Improvements $ 513,000 Property Acquisitions and Cleanup $1,000,000 River Enhancements $3,675,000 Gathering Areas and Bridge Abutments $1,157,000 Landscape Enhancements $ 233,000 Design, Engineering and Contractor Costs $2,614,000 Contingency $ 455,000 Total Estimated Cost $9,647,000 Approximate Shortfall $ 629,000 The current funding gap of $629,000 is largely the result of the high cost of dewatering the project (approximately $700,000 - $1M) to allow for construction of the project in the river. The team is actively pursuing different means to address the funding gap, including:  Seeking $300,000 from the URA in recognition of plan area benefits;  Value engineering - largely, methods/means to reduce dewatering costs;  Use of budget contingency;  Further scaling back of the project (a last resort) - potential to eliminate bridge abutments, smaller wall at south bank overlook, etc. A $300K investment from the URA is critical as it approximately cuts the funding gap in half and makes it more feasible that the other strategies listed above will be able to bridge the remaining funding gap. Park Planning staff has made significant reductions in the scope of the project to date and is hopeful that further scaling back won’t be necessary. However, as a last resort, the Project may potentially need to eliminate the bridge abutments, redesign a smaller wall at the south bank overlook plaza, and redesign Vine Drive to eliminate parallel parking. CITY FINANCIAL IMPACTS The Project is a public improvement, and therefore tax-exempt, and does not generate property tax increment. The plan area funds for this project are derived from the increment generated from projects elsewhere in the plan area. The North College Plan Area has available cash funds of approximately $618K and is projecting tax increment cash flow of $169,416 in 2018 net of what is required to pay the North College URA bonds. These funds may be used for area priorities. While the Whitewater Park Project request represents a sizeable portion of the funds, the remaining balance, along with project increment growth, and the potential for new activity and increment is Agenda Item 1 Item # 1 Page 4 considerable, and can be used to undertake other priorities as they are identified. One such near-term possibility is the opportunity to invest in the advancement of a stormwater system design for the west side of College Avenue; the URA is still in discussion about this possibility. As information, below is a summary of cash flow projections for North College for the next 5-years: 2018 2019 2020 2021 2022 Carry Forward Cash Balance $618,058 $487,474 $769,755 $1,139,109 $1,553,502 Net Cash Flow Projections $169,416 $282,281 $369,354 $414,393 $476,067 Whitewater Park Obligation ($300,000) Ending Balance $487,474 $769,755 $1,139,109 $1,553,502 $2,209,569 Staff judges the value of the Project to the North College Plan Area to be substantially greater than the requested funds and as or more impactful as other anticipated future investment opportunities in the plan area. Further, many of the additional investment opportunities that have been identified will require additional work and planning, and many have elements beyond the control of the URA. For this reason, staff believes it’s important to be opportunistic as well as strategic. BOARD / COMMISSION RECOMMENDATION The URA Council Finance Committee reviewed the Whitewater Park Project request at its January 8, 2018 meeting. The minutes are enclosed as Attachment 2. The committee was supportive of bringing the request to the full URA board. Further, the committee requested additional information in the following areas:  Cash flow projections (included above).  Vine Drive placemaking elements. (Project staff is coordinating with Engineering, Planning, and the Transportation Master Plan update effort; additional information will be available in the near future).  Technical response on floodplain impacts. (Attachment 3) PUBLIC OUTREACH The North College Citizens Advisory Group reviews and provides recommendations on all North College Plan Area projects. They provided the following recommendation of support for the Whitewater Park Project request: “The Citizens Advisory Group recommends approval of the request to provide a $300,000 funding grant to complete the initial phase of the Kayak Park improvements with a focus on the completing the pedestrian bridge and addressing potential risks associated with transients to include sufficient lighting, sprinkler irrigation, and video surveillance as soon as possible.” This recommendation was unanimously supported by the seven members in attendance at the meeting. ATTACHMENTS 1. Location Map (PDF) 2. URA Finance Committee Minutes, January 10, 2018 (draft) (PDF) 3. Stormwater Department Floodplain Memorandum (PDF) 4. Powerpoint presentation (PDF) _ E S uniga Rd E Wil l ox Ln W Willox Ln E Vine Dr ÕZYXW ³I _ Whitewater Park Project North College Plan Area I Location Map URA - Whitewater Park Project P oudr e R i v e r ATTACHMENT 1 1.1 Packet Pg. 7 Attachment: Location Map (6399 : Whitewater Park) 10 process because we can delve in to priorities. Council considers that formally next fall - if that is too long - we will talk about that and will come back with a strategy. Mayor Troxell; thank you to the North College CAG members; Tim Kenney, Dean Hoag, Ron Lautzenheiser, Grant Sherwood, Don Butler and Christ Sheafor for coming out - your input is critical to the success. B. Whitewater Park Kurt Friesen, Director Park Planning and Development Matthew Day, Sr. Landscape Architect Patrick Rowe, Redevelopment Coordinator EXECUTIVE SUMMARY The purpose of the item is to request approval of $300,000 funding from the URA for the Whitewater Park The Whitewater Park is a planned 12.5 acre park that includes world class whitewater features, park gathering spaces, river overlooks, fish passage and habitat, stormwater improvements and restoration of the area. The project will include many items beyond the whitewater features such as art in public places, road improvements, parking, pedestrian circulation, gathering spaces, wetlands and restoration, historic preservation and interpretation, removing the Coy diversion structure and south bank walls, cleaning up industrial properties, and creating a stormwater basin that returns water to the river. The project also includes a layout the supports future trail alignments, pedestrian bridge, and an upper terrace gathering space that can be enhanced without the need for FEMA or US Corps of Engineers permitting. The Whitewater Park project has funding sources of $9,018,000 and a proposed budget of $9,467,000. The current project scope has been reduced and the project team is value engineering project elements, methods and means. The project team has reduced the amount of hardscape areas, reduced river seating areas, replaced concrete walks with soft paths, phased parking, and reduced landscape elements to what is required by code. The project team is continuing with value engineering efforts to close the budget gap. Items the team is working on are reducing dewatering and water treatment, making utility connections for the south bank at the Powerhouse Campus, using angular granite versus rounded river rock, repurposing onsite materials, and potentially adjusting the timing of the improvements to work in the river first to free up dewatering contingencies and apply those funds to help complete the upland efforts and afford site amenities. Our project team is also working with the River Commissioner to see if the irrigation/ditch companies could take water out through the irrigation ditches, bypass the work site, and return the flows to the river downstream. The approach would reduce the amount of dewatering and water treatment necessary for the project as well as reduce risk associated with in-stream work. The project team is also working to see if water removed from the site could be diverted to the sanitary sewer and not require the costly water treatment system associated with the State URA Finance Committee minutes January 10, 2018 ATTACHMENT 2 1.2 Packet Pg. 8 Attachment: URA Finance Committee Minutes, January 10, 2018 (draft) (6399 : Whitewater Park) 11 dewatering permit. And finally, we continue to seek opportunities to repurpose on-site materials, reduce hauling and handling and divert any materials from the landfill. The URA funds are very important to the project and without the additional funds to help bridge the budget gap, the project will need to eliminate the bridge foundations, redesign a smaller wall at the south bank overlook plaza, and redesign Vine drive to eliminate parallel parking. The Whitewater Park will be a recreational asset for the area, generating interest and activity. Additionally, the project: • Improves Vine Drive by adding 19 parallel parking spaces, a continuous bike lane, curb and gutter, and a formalized the right of way strip with street trees, irrigation and turf grass • Provides improved stormwater conveyance by removing the Coy diversion structure, lowering the river, and terracing the banks to allow places for people and habitat • Creates a new stormwater basin to return storm flows to the river • Results in flood map revision by significantly reducing the Poudre River floodway, opening significant area to development • Creates fish passage and river habitat that has not existed since the original diversion structure was constructed in the late 1800’s • Enhances habitat diversity through native plantings that support avian species • Cleanup of the area; the project is removing degraded buildings, obsolete concrete structures and walls, and pruning and removing hazardous trees that have been neglected for a long time • Creates historic interpretation of the site including the Coy Diversion and headgate, the Hersh Quonset, the Union Pacific and BNSF railway bridges, and the Grotto • Future alignment of the Poudre Trail will cross the river at the Whitewater Park and connect under the BNSF bridge, through Gustav Swanson Natural Area and replace the at-grade crossing at Linden with a grade separated crossing under the Linden bridge GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the URA Finance Committee support the Whitewater Park Project funding request for $300,000? 2. Does the URA Finance Committee recommend this request be brought forward to the URA Board for consideration? BACKGROUND/DISCUSSION The City initiated and funded the master plan for the Poudre River Downtown Project during the 2013/2104 BFO process. The project included a comprehensive planning process for the Poudre River from Shields street to Mulberry. The master plan was approved by City Council in fall 2014 (Resolution 2014-093). The Master Plan identified the area between the Union Pacific and the Burlington Northern Santa Fe Railroad as the initial priority for City investment, this area is now the Whitewater Park. The Whitewater Park project area includes College Avenue, the old Coy irrigation diversion structure and 1.2 Packet Pg. 9 Attachment: URA Finance Committee Minutes, January 10, 2018 (draft) (6399 : Whitewater Park) 12 headgate, the CSU Powerhouse Campus, Gustav Swanson Natural Area, properties along Vine Drive, and 2 railroads. The Whitewater Park project makes improvements to the river system and surrounding areas by addressing the Poudre River Downtown Master Plan’s core objectives. These objectives are: Flood Mitigation • Improve public safety and protect properties from damaging floods • Reduce or eliminate 100-year flood overtopping of College Avenue • Reduce or eliminate the 100-year flow split along Vine Drive • Reconnect the river to its floodplain while maximizing the beneficial environmental and recreational uses of the river corridor Discussion / Next Steps: Seeking $300K of URA funding which would fund the Vine Drive Street improvements and 19 spaces for parallel parking, stormwater improvements and ROW landscape enhancements. Patrick Rowe; URA has assessed this project as a desirable amenity for businesses and residents in this area and will help to activate this area. Kurt Friesen; we met with CAG earlier today and we would like to go in front of the full URA Board on Feb. 6P th P for a full recommendation. Mayor Troxell; Lemay bypass - Vine takes on a new role - you have it sized pretty robustly - grade separated bike ways – is it still an arterial in that configuration? 1.2 Packet Pg. 10 Attachment: URA Finance Committee Minutes, January 10, 2018 (draft) (6399 : Whitewater Park) 13 Jeff Mihelich; we have talked about this - Vine becomes a local street - enhance - downgraded - we want more of the regional traffic - Mayor Troxell; Is this part of the Innovation district? Yes There is the Innosphere - some storage lockers - access to Redwood and the north - Linden and beyond that - I don’t have a vision of Vine - Josh Birks; Downtown Plan which was recently adopted - this was a character area identified - runs from Redwood and Vine west across College and picks up the Discovery Museum –(rectangle) that stretch of land - Vine happens to be the southern - stretch between College and Jerome which is currently impacted significantly by the flood plain and flood way - this project opens that up and allows us to start delivering more on that vision. There are two more projects underway to try to build off the Innovation District thinking; Innosphere major facility expansion using land that they own. A second project that has just started and is in the planning process – in the area of the truck sales center at the NW corner of Jerome and Vine - 80K square foot building that would be complementary - building off of Innosphere and the Power House - south of the river - certainly consistent with the vision. Mayor Troxell; just as we have the Jefferson Street improvements (College to Mulberry) a sense of place that helps to identify connectivity across Jefferson into the River District and Old Town to maybe think about this segment - this area to have its own development area - this is very purposeful for river access – integration areas - the innovation areas. How do we put that thumb print on this and create a unique experience? Josh Birks; The Master Street Plan does call for the stretch between College and Redwood to remain a two-lane arterial. The Downtown Plan occurred since the last Master Street Plan. Mayor Troxell; In the Downtown Plan as we create these districts, part of that should be how do we create unique identities and the streets are a big part of that as well. Jeff Mihelich; Lincoln Ave. - when we do this section of Vine we will be very intentional to make sure the design and pedestrian connections celebrate the district. Ross Cunniff; what effect does narrowing the flood plain here have? Can we have a technical answer before the next discussion? We do not want to increase the flood plain Patrick Rowe; this project is adding capacity in the river for those flows and it is channelizing the flood way but the flood plain is largely unchanged - we will get the technical answer for you. Ross Cunniff; a 2-lane arterial might not be the right kind of street to be built here - maybe something with more street calming - 1.2 Packet Pg. 11 Attachment: URA Finance Committee Minutes, January 10, 2018 (draft) (6399 : Whitewater Park) 14 Darin Atteberry; with parking / travel lanes and bike lanes - 50 feet of asphalt - arterial streets should be thoughtfully considered particularly in this Innovation and Play district- not the mention the habitat and the significance of the river Josh Birks; given timing - room to talk about what interim might look like - that allows us to move forward with the focus area Ross Cunniff; design of this as a 2-lane arterial - encourage traffic to use this arterial to cut 300 feet from their trip – south - cut through – that goes against the character of the district. We need to be careful about positioning this as enabling the Whitewater Park because it starts to sound like we are using URA for recreational purposes - I think the amenities that can stand on their own. I personally wouldn’t vote for it just as a Whitewater Park. Mayor Troxell; think about public use and benefits Josh Birks; tying it to very directly - there is merit to this project in its own. ACTION ITEM: Josh Birks; $900K is our cash balance today - there is cash flow that will be coming in the future as well. I would want to be able to provide a total picture of cash flow as part of the full board presentation. We could do an interim memo follow up about cash flow - impacts with and without this choice - the $300K would cut the $629K shortfall in half. Mayor Troxell; we need the cash flow information before we are ready - that would be useful heading into a URA Board - Jeff Mihelich; we will take the questions that were brought up today to the full URA board Mayor Troxell; great project overall - separation from URA and Whitewater Park - what is the public benefit for use of TIF? Ross Cunniff; reasonable to include that this will reduce the cost for water park but not the same. Josh Birks; we are shooting for March for the new URA Board configuration - we will probably meet 2 more times as the URA Council Finance. Meeting adjourned at 11:56 am 1.2 Packet Pg. 12 Attachment: URA Finance Committee Minutes, January 10, 2018 (draft) (6399 : Whitewater Park) Utilities electric · stormwater · wastewater · water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 – fax 970.224.6003 – TDD utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M DATE: January 24, 2018 TO: Patrick Rowe, Redevelopment Program Coordinator FROM: Heidi Hansen, Floodplain Management RE: Downtown Whitewater Park Floodplain Benefits The Downtown Whitewater Park improvements will provide the following floodplain and stormwater benefits: The removal of the coy diversion dam and boat chute drop structure will allow for significant lowering of the channel bed. This will channelize the 100-year floodway flows, allowing the floodway boundary to be reduced through the stretch and removing multiple properties from the floodway. The 100-year floodplain will remain through the area. The City prohibits construction of new structures in the 100-year floodway so the change in zone from floodway to floodplain will allow for commercial development of multiple properties along Vine Drive. Due to life safety concerns, residential and mixed-use development are prohibited in both the Poudre River floodplain and floodway. The project increases the capacity under the College Avenue bridge to allow for passage of the full 100-year flood flows. However, there is an upstream breakout flow that does not return to the river before overtopping N College Ave north of E Vine Drive so the regulatory floodplain boundary will not be significantly reduced with the Whitewater Park project. In the future, a project to either prevent the breakout flow or return it to the river upstream of College Avenue could be undertaken and, due to the increase in bridge capacity from this project, the floodplain would be reduced north of the river. Such a project would also prevent the overtopping of a major arterial roadway (College Avenue) in the 100-year flood. Other stormwater benefits include a storm sewer outfall that provides water quality treatment and conveyance of localized runoff to the river as well as bank stabilization measures. Note: In a few areas the floodplain will expand. This is due to updated topographic information and improved modeling techniques and is not due to the Whitewater Park Project. ATTACHMENT 3 1.3 Packet Pg. 13 Attachment: Stormwater Department Floodplain Memorandum (6399 : Whitewater Park) 1 URA Request - Poudre River Whitewater Park Patrick Rowe and Kurt Friesen 2/6/2018 ATTACHMENT 4 1.4 Packet Pg. 14 Attachment: Powerpoint presentation (6399 : Whitewater Park) Innovation Subdistrict 2 Whitewater Park 2017 Downtown Plan 1.4 Packet Pg. 15 Attachment: Powerpoint presentation (6399 : Whitewater Park) Area Context 3 Improved Vine Drive Character 1.4 Packet Pg. 16 Attachment: Powerpoint presentation (6399 : Whitewater Park) 4 1.4 Packet Pg. 17 Attachment: Powerpoint presentation (6399 : Whitewater Park) Project Funding Sources 5 Community Capital Improvement Program $ 4,000,000 Natural Areas $ 1,000,000 Stormwater $ 1,000,000 General Fund (2015) $ 1,000,000 Parks $ 418,000 Public and Private Fundraising $ 1,600,000 Total Funding $ 9,018,000 1.4 Packet Pg. 18 Attachment: Powerpoint presentation (6399 : Whitewater Park) Project Cost Estimate 6 Vine Drive, Parking and Storm Sewer Improvements $ 513,000 Property Acquisitions and Cleanup $ 1,000,000 River Enhancements $ 3,675,000 Gathering Areas & Bridge Abutment $ 1,157,000 Landscape Enhancements $ 233,000 Design, Engineering & Contractor Costs $ 2,887,000 Contingency $ 455,000 Total Estimated Cost $ 9,647,000 Approximate Shortfall $ 629,000 1.4 Packet Pg. 19 Attachment: Powerpoint presentation (6399 : Whitewater Park) Funding Request • Seeking $300,000 of URA funding • This would fund the • Vine Drive Street Improvements and Parallel Parking • Vine Drive Stormwater Improvements • Vine Drive ROW Landscape Enhancements 7 1.4 Packet Pg. 20 Attachment: Powerpoint presentation (6399 : Whitewater Park) URA Benefits 1. Desirable Amenity for Businesses and Residents 8 1.4 Packet Pg. 21 Attachment: Powerpoint presentation (6399 : Whitewater Park) URA Benefits 2. Improved Vine Drive with Additional Parking 9 Existing Condition 1.4 Packet Pg. 22 Attachment: Powerpoint presentation (6399 : Whitewater Park) URA Benefits 10 Phase I Improved ½ of Vine Drive 16 New Parking Spaces Future Phase(s) Improved Complete Street with Innovation Character 2. Improved Vine Drive with Additional Parking Proposed Condition 1.4 Packet Pg. 23 Attachment: Powerpoint presentation (6399 : Whitewater Park) 11 3. Vine Drive Floodway Channelization URA Benefits Existing Condition 1.4 Packet Pg. 24 Attachment: Powerpoint presentation (6399 : Whitewater Park) 12 3. Vine Drive Floodway Channelization URA Benefits Proposed Condition 1.4 Packet Pg. 25 Attachment: Powerpoint presentation (6399 : Whitewater Park) 13 4. Increased flood flow under College Ave Bridge URA Benefits 1.4 Packet Pg. 26 Attachment: Powerpoint presentation (6399 : Whitewater Park) 14 URA Benefits 5. Facilitates future improved connectivity to Downtown 1.4 Packet Pg. 27 Attachment: Powerpoint presentation (6399 : Whitewater Park) Plan Area Cash Flow 15 Cash Flow Projections – 5 Years 2018 2019 2020 2021 2022 Carry Forward Cash Balance $618,058 $487,474 $769,755 $1,139,109 $1,553,502 Net Cash Flow Projection $169,416 $282,281 $369,354 $414,393 $476,067 Whitewater Park Obligation ($300,000) Ending Balance $487,474 $769,755 $1,139,109 $1,553,502 $2,029,569 1.4 Packet Pg. 28 Attachment: Powerpoint presentation (6399 : Whitewater Park) 16 1.4 Packet Pg. 29 Attachment: Powerpoint presentation (6399 : Whitewater Park) 17 Backup Slides 1.4 Packet Pg. 30 Attachment: Powerpoint presentation (6399 : Whitewater Park) Project Location 18 1.4 Packet Pg. 31 Attachment: Powerpoint presentation (6399 : Whitewater Park) Innovation Subdistrict 19 Future Character: “A mix of uses supporting partnerships in the Poudre River floodplain” 1.4 Packet Pg. 32 Attachment: Powerpoint presentation (6399 : Whitewater Park) Innovation Subdistrict 20 1.4 Packet Pg. 33 Attachment: Powerpoint presentation (6399 : Whitewater Park) -1- RESOLUTION NO. 084 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF FORT COLLINS FOR THE AUTHORITY’S CONTRIBUTION OF FUNDS TO THE CITY’S WHITEWATER PARK PROJECT FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Fort Collins (the “City”) is planning the construction of a park in the downtown area along the Poudre River, to be known as the Whitewater Park, funding for which the City’s voters approved in 2015 as part of the City’s Community Capital Improvement Program (the “CCIP”); and WHEREAS, improvements constructed for the Whitewater Park will include world class whitewater features, park gathering places, river overlooks, fish passage and habitat improvements, stormwater improvements, street and sidewalk improvements, and various other related public improvements (the “Park Project”); and WHEREAS, the City has a $9,647,000 budget for the Park Project, but has only identified $9,018,000 of available City funds for it, including $4 million of CCIP funds, $3,418,000 from other City funds, and $1.6 million from public and private fundraising, leaving a funding shortfall of $629,000 (the “Shortfall”); and WHEREAS, in 2004, the Fort Collins City Council adopted Resolution 2004-152 approving the North College Avenue Urban Renewal Plan, which it subsequently amended in 2015 in Resolution 2015-106, (the “North College Plan”); and WHEREAS, the North College Plan was adopted to facilitate the elimination and prevention of blighted areas within the plan area identified in the Plan (the “Plan Area”) by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of Plan Area properties as part of a single urban renewal project (the “North College Project”); and WHEREAS, City and Authority staff have identified and reported to the Authority’s Board of Commissioners (the “Board”) several significant benefits that the Park Project will provide to the North College Project as contemplated in the North College Plan, which benefits include, without limitation: (i) improvements to portions of Vine Drive in the Plan Area, (ii) stormwater improvements that will remove several developable properties in the Plan Area from the floodway and reduce the likelihood that College Avenue in the Plan Area will overtop during a flood, and (iii) improvements that will improve connectivity between the Plan Area and downtown Fort Collins (collectively, the “Park Project Benefits”); and WHEREAS, staff has also presented to the Board for its consideration the Intergovernmental Agreement attached as Exhibit “A” and incorporated herein (the “Agreement”), pursuant to which the Authority will pay the City $300,000 to reduce the Shortfall to support construction of public improvements associated with and part of the Park Project; and Packet Pg. 34 -2- WHEREAS, the Board has conducted its own review of the Park Project and finds that the Park Project Benefits will facilitate the elimination and prevention of blighted areas in the Plan Area as contemplated in the North College Plan and, therefore, entering into the Agreement and providing funds to reduce the Shortfall as provided in the Agreement will be in the best interest of the Authority and serve the public purposes of eliminating and preventing blight in the Plan Area in furtherance of the North College Plan; and WHEREAS, the Board further finds that the value of the Park Project Benefits to the Authority are significant, with a value equal to or greater than $300,000, and they represent undertakings and activities within the North College Project that will benefit the development, redevelopment and rehabilitation of properties within the Plan Area through the construction of public improvements; and WHEREAS, the Authority currently has sufficient funds in its North College Fund available for appropriation to satisfy its $300,000 payment obligation under the Agreement without impairing any of the Authority’s other existing financial obligations under the North College Plan; and WHEREAS, the City and the Authority are authorized to enter into the Agreement to cooperate in the funding and construction of the Park Project pursuant to C.R.S. § 29-1-203 and the Colorado Urban Renewal Law, including, without limitation, C.R.S. § 31-25-112, and the City is further authorized to do so under City Charter Article II, Section 16. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. That the Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Agreement is hereby approved and the Executive Director of the Authority is hereby authorized to enter into the Agreement on the Authority’s behalf in substantially the form attached hereto as Exhibit “A,” subject to such minor modifications as the Executive Director, in consultation with the Authority’s Legal Counsel, may determine to be necessary and appropriate to protect the interests of the Authority or to effectuate the purposes of this Resolution. Section 3. That there is hereby appropriated for expenditure from the North College Fund the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) to be paid to the City as provided in the Agreement. Packet Pg. 35 -3- Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 6th day of February, A.D. 2018. ____________________________________ Chairperson ATTEST: _________________________________ Secretary Packet Pg. 36 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS URBAN RENEWAL AUTHORITY REGARDING THE AUTHORITY’S CONTRIBUTION OF FUNDS FOR THE WHITEWATER PARK PROJECT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this _____ day of February __, 2018, (this “Agreement”) by and between the City of Fort Collins, a Colorado home rule municipality, (the “City”) and the Fort Collins Urban Renewal Authority, a corporate body and political subdivision of the state, (the “Authority”). The City and Authority shall also hereafter be jointly referred to as “Parties” or individually as “Party.” RECITALS WHEREAS, the City is planning the construction of a park in the downtown area along the Poudre River, to be known as the Whitewater Park, funding for which the voters approved in 2015 as part of the City’s Community Capital Improvement Program (the “CCIP”); and WHEREAS, improvements constructed for the Whitewater Park will include world class whitewater features, park gathering places, river overlooks, fish passage and habitat improvements, stormwater improvements, street and sidewalk improvements, and various other related public improvements (the “Park Project”); and WHEREAS, the City has a $9,647,000 budget for the Park Project, but has only identified $9,018,000 of available City funds for it, including $4 million of CCIP funds, $3,418,000 from other City funds, and $1.6 million from public and private fundraising, leaving a budget shortfall of $629,000 (the “Shortfall”); and WHEREAS, in 2004, the Fort Collins City Council adopted Resolution 2004-152 approving the North College Avenue Urban Renewal Plan, which it subsequently amended in 2015 in Resolution 2015-106, (the “North College Plan”); and WHEREAS, the North College Plan was adopted to facilitate the elimination and prevention of blighted areas within the plan area identified in the Plan (the “Plan Area”) by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of Plan Area properties as part of a single urban renewal project (the “North College Project”); and WHEREAS, the Authority’s Board of Commissioners (the “Board”) has reviewed the Park Project and identified several benefits it will provide to the North College Project as contemplated in the North College Plan, which benefits include, without limitation: (i) improvements to portions of Vine Drive in the Plan Area, (ii) stormwater improvements that will remove several developable properties in the Plan Area from the floodway and reduce the likelihood that College Avenue in the Plan Area will overtop during a flood, and (iii) improvements that will improve connectivity between the Plan Area and downtown Fort Collins (the “Park Project Benefits”); and 1 Packet Pg. 37 Attachment: Exhibit A (6457 : Whitewater Park RESO) WHEREAS, in consideration of the Park Project Benefits, the Board has adopted Authority Resolution No. 84 approving this Agreement and appropriating $300,000 to be paid to the City to help reduce the Shortfall by funding the public improvements providing the Park Project Benefits; and WHEREAS, the City Council has also approved this Agreement in its Resolution 2018- 013; and WHEREAS, the City and the Authority are authorized to enter into this Agreement to cooperate in the funding and construction of the Park Project pursuant to C.R.S. § 29-1-203 and the Colorado Urban Renewal Law, including, without limitation, C.R.S. § 31-25-112, and the City is further authorized to do so under City Charter Article II, Section 16. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Parties agree as follows: 1. The Authority’s Obligation. The Authority agrees to pay the City three hundred thousand dollars ($300,000) within sixty (60) days after the City enters into the construction contract with the general contractor it retains for the Park Project and provided such contract includes the construction of the public improvements that will provide the Park Project Benefits. 2. TABOR. The Parties understand and acknowledge that the Authority is not subject to the Taxpayer’s Bill of Rights in Article X, Section 20 of the Colorado Constitution. The Parties therefore intend that the Authority’s debt obligation in Section 1 above is a binding obligation enforceable by the City at law and in equity as provided in Section 3 below and such enforcement is not contingent upon the future appropriation of funds by the Board. 3. Remedies Upon Default. Upon the failure of either Party to comply with any of its obligations contained herein (a “Default”), the non-defaulting Party shall provide written notice of the Default to the defaulting Party. Immediately upon receipt of such notice, the defaulting Party shall promptly cure such Default within thirty (30) days, or if not susceptible of cure within thirty (30) days, within such time as agreed upon by the non-defaulting Party for the cure of such Default. If the defaulting Party fails to cure or remedy the Default within the time period prescribed, the non-defaulting Party may protect and enforce any or all of its rights and the obligations of the defaulting Party under this Agreement by suit in equity or action at law, in Larimer County District Court, whether for the specific performance of any covenants or agreements in this Agreement or otherwise, or take any action authorized or permitted under applicable law, and may require and enforce the performance of all acts and things required to be performed hereunder by the other Party. Each and every remedy of either Party shall, to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity. 4. Amendments. This Agreement may only be amended, changed, modified or altered in a writing signed by both Parties. 1 Packet Pg. 38 Attachment: Exhibit A (6457 : Whitewater Park RESO) 5. Implementing Agreements and Further Assurances. The Parties agree to execute such other documents, and take such other actions, as will be reasonably requested by the other Party to confirm or clarify the intent of the provisions hereof and to effectuate the agreements herein contained. 6. Term; Termination. This Agreement shall remain in full force and effect until the Authority’s debt obligation under this Agreement is paid in full to the City. However, in the event the City does not enter into a construction contract with a general contractor for the Park Project by January 1, 2019, this Agreement shall terminate and both Parties shall be released from all remaining obligations under this Agreement. 7. No Third-Party Beneficiaries. No term or provision of this Agreement is intended to be for the benefit of any person, entity, association or organization not a party to this Agreement, and no such other person, entity, association or organization shall have any right or cause of action hereunder. 8. Applicable Law and Venue. This Agreement shall be governed by and construed under the laws of the State of Colorado and the venue for any judicial proceedings related to this Agreement shall be in Larimer County District Court. 9. Section Headings. The captions or headings herein are for convenience or reference only and shall in no way define or limit the scope or intent of any provision or section of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as the date and year first above written. THE FORT COLLINS URBAN RENEWAL AUTHORITY By: __________________________________________ Darin A. Atteberry, Executive Director ATTESTED: APPROVED AS TO FORM: By: _________________________ By:______________________________ City Clerk Authority Legal Counsel Print Name: ___________________ Print Name: _______________________ THE CITY OF FORT COLLINS, COLORADO By: __________________________________________ 1 Packet Pg. 39 Attachment: Exhibit A (6457 : Whitewater Park RESO) Wade Troxell, Mayor ATTESTED: APPROVED AS TO FORM: By: _________________________ By: ______________________________ City Clerk Deputy City Attorney Print Name: ___________________ Print Name: _______________________ 1 Packet Pg. 40 Attachment: Exhibit A (6457 : Whitewater Park RESO) O D D R CYPRESS DR PEC A N S T CASTLEROCK DR MOFFETT DR FUQUA DR G A R R E T T D R COUNTY ROAD42C GALLUP RD HI LLCREST DR RO S S DR S O MERV I L L E D R MEAD ST DIXON COVE DR M A N C H E S TER D R ASH DR KIMBALL RD SUFFOLK ST C O U N T Y RO A D 2 3 LARCH ST ZENDT DR C ONEF L O WER DR M C K EA G DR G O LD E N C U RRAN T B L VD PLEASANT VALLEYRD W Y A N DO T TE D R K I T T ER C O V E N TR Y C T SODERBU PAL M D R C ONTINENTAL CIR S K I M M E R HORN S T CHURCHILL CT P A M P A S D R PRIMROSE LN S I L V E R O A K S D R NEIL DR LA N G S HI R E D R Y O R KTOWN A V HYLINE DR DALTON DR AUNTIE STONE ST DERBY CT BIANCO DR CHAR O L A I S D R V I R GINIA D A L E DR KINNISON DR MICHENER DR RAMS LN C A T A L P A DR ETTO N D R GAR D E N DR KENT CT VILLAGE LN ME R C Y DR ARGENTO DR HOLLY ST C H EVIO T D R DEERFIELD DR LONGWORTH RD M O NTV I E W R D AYR S H I R E DR BL U E L E A F DR DORS E T DR FISCH AVE GLENMOOR D R KINGSB O R O U G H DR ROMNEY AVE B ROKEN BOW RD COMPASS CT C L Y D E SD A L E DR CRAGMORE DR SECCOMB ST C H A R LE S T O N W A Y COCKNEY ST T IE R R A LN MEADOWBROOK DR EF ROSS CT AMES CT LAR K S P U R DR CHES H I R E ST WATER BLOSSOM LN LA REATTA CT ROMELDALE LN TU N IS CIR MICHA E L LN CAT A L PA CT E SH E F F IEL D CIR RAMBOUILLET DR WILDWOOD RD MARSHWOODDR HAMPSHIRE CT MOSS ROSE LN TIMBER CT MANET CT BERKSHIRE DR EVERGREEN DR TUCKER CT HARALSON CT FARGHEE CT HU NTINGTON CIR MCALLISTER CT MERINO CT LEXINGTONCT KARAKUL DR HINRY ST HONEYSUCKLE CT FLEETWOOD CT STADIUM CT HORSETOOTH CT OA K HILL CT COVINGTON CT PALM CT SHEFFIELD CT ENFIELD MCKEAG CT CATALPA PL RADCLIFF CIR LINDSEY CT MOORE LN G L EN M O OR DR EVERGREEN DR W LAKE ST W PLUM ST ORCHARD PL LOUIS W PLUM ST ORCHARD PL D i x o n R e s e r v o i r H o r s e t o o t h R e s e r v o i r C o t t o n w o o d G l e n P o n d e g e L a k e Sprin g Creek S County Road 23 W Prospect Rd S Overland Trl S Centennial Dr W Elizabeth St W Ho rs et oo th Rd S Taft Hill Rd W Drake Rd County Road 42C Pineridge Natural Area ± Maxwell Natural Area Quail Ridge Subdivision ATTACHMENT 1 24.1 Packet Pg. 304 Attachment: Vicinity Map and Property Location Map (6406 : Pineridge Natural Area Land) $180,000 to the program, but put the program on hold and re- allocated the funds Staff would have provided people access to their belongings under supervision Yes The pilot program was set occur from January 2017 – December 30, 2017. However, the pilot program was never initiated. The money was re- allocated by Council prior to start-up. N/A Their Council recently allocated $50k for a storage program in the downtow n area and staff is working on a program design that would be lower cost 23.2 Packet Pg. 299 Attachment: Locker Program Matrix (6446 : Funds for Lockers) bags with volunteers as witness Yes; 1-2 voluntee rs present during hours of op. Was initially supposed to be a 6-month pilot program, but was extended to last 3 years total. Program ended on 12-31-2017 due to staffing issues and lack of space to house storage after landlord of storage facility did not renew lease. Program run by volunteers – did not have a way to ensure they were background checked; needed full- time staff person, not just volunteers; lack of funding to provide necessary support/staff for program None – program ended 23.2 Packet Pg. 298 Attachment: Locker Program Matrix (6446 : Funds for Lockers) people. Since 2011, over 100 people have been able to gain employment, obtain housing, and move off the streets because of the Transitional Storage Center Mayor plans to open a 2nd storage facility with space for 700- 1,000 more bins. Vancouver, BC Program: The Cart and Belongings Storage Facility No; owned by City but operated by First United Church 7 days per week, 6 am – 8 pm 200 units (bins rather than lockers) $50,000- $60,000 annually – primarily for staffing the facility Initial City funding in 2009 to start program - United Church converted space within undergroun d parking garage. Storage space is a secure area that only church staff can access. Individuals must check in with church staff. Yes Has been in operation since 2009; 200 spaces at the church are full nearly every night and they often turn people away. Successfully won a $40k grant in 2015. ATTACHMENT 2 23.2 Packet Pg. 297 Attachment: Locker Program Matrix (6446 : Funds for Lockers) 3HU&HQWHU/DQH0LOH&RPSDULVRQ &RXQW\ 6WDWH +87) 5RDG  %ULGJH0LOO /HY\ 6SHFLILF 2ZQHUVKLS 6DOHV 7D[ 2LO  *DV 5HYHQXH 2WKHU6RXUFHV /DULPHU2QO\ *UDQW )XQGV 7RWDO $UDSDKRH         %RXOGHU         'RXJODV         :HOG         3HHU $YHUDJH        /DULPHU         /DULPHU&RXQW\¶V5RDG %ULGJH0LOO/HY\UHYHQXHGRHVQRWLQFOXGHUHYHQXHIURPWKHWHPSRUDU\,PLOOOHY\ 2LO JDVUHYHQXHLQFOXGHVVHYHUDQFHWD[ 2WKHUVRXUFHVLQFOXGH&DEOH)UDQFKLVH)HHV7UDIILF)LQHV6HYHUDQFH7D[3D\PHQWLQ/LHXRI7D[HV)RUHVW5HVHUYH$FW)HHV 0LQHUDO/HDVH)HHV5HJLRQDO5RDG)HHV&DSLWDO([SDQVLRQ)HHVDQG0RWRU9HKLFOH7D[ 5RZVPD\QRWVXPWRWRWDOGXHWRURXQGLQJ 21.2 Packet Pg. 259 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation  ZHUHVHOHFWHGEDVHGRQ VLPLODUXUEDQUXUDOVSOLW ‡ ,QWHUYLHZHGFRXQW\UHSV ‡ ,QWHUYLHZHG(O3DVR&RXQW\ DVDQH[DPSOHRIDSRWHQWLDO IXWXUHFRQGLWLRQIRU/DULPHU &RXQW\ 21.2 Packet Pg. 258 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation PLOOLRQ 21.2 Packet Pg. 254 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation PXQLFLSDOLWLHV ‡ 6WDWH'27&RXQW\1)50328)5735 ‡ 3RSXODWLRQ*URZWK6WDWH'HPRJUDSKHUV2IILFH ‡ /DQG'HYHORSPHQW3DWWHUQVDQG*0$V 1HHGEHWWHU&RRUGLQDWLRQ )RFXVRQ5HJLRQDO1HHGVDVDVWDUWLQJSRLQW 6XEVHWRIDEURDG FRPSOH[LVVXH 21.2 Packet Pg. 248 Attachment: Regional Transportation Elected Officials Meeting, December 18, 2017 (6395 : Transportation ELEMENTARY IRISH POUDRE SR HIGH COMMUNITY POUDRE ACADEMY ADMINISTRATION PSD ROGERS PARK Laporte Ave W Mulberry St S Overland Trl N Overland Trl W Vine Dr 0 500000 1,000 2, Feet 4 Fort Collins GMA Annexation No. 4 Water Treatment Facility Annexation No. 4 Annexation No. 4 Date Saved: 1/12/2018 2:42:40 PM Sunset St Growth Management Area Boundary ATTACHMENT 2 18.2 Packet Pg. 211 Attachment: Annexation No. 4 Vicinity Map (6435 : Water Treatment Facility Annexation No. 4) C r e e k D i t c h Bo x e l d e r C r e ek N e w M ercer Ditch D i x o n Creek M c C l e ll a n ds Channel Foothills Channel S h e r w o o d L ateral P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s i l C r e e k R e s e r v o i r I n l e t B o x e l de r D i t ch C a c h e l a P o u d r e R i v e r La k e C a nal L a ri m e r C o u n t y C a n a l N o . 2 N e w M e r c e r D itc h C a c h e l a P o u d r e R i ve r L a r i m e r a n d W e l d C a n al No. 8 Outlet Bo xe l d e r D itch Fossil Creek Lak e C a nal A r t h u r D i t c h P l e a s a n t V a l l e y a n d L a k e C a n a l S p r i n g C r e e k F o s s il Creek Fossil Creek Spr i n g C r eek Cache l a P o u d r e R e servoir Inlet L a k e C a n al B o x e l d e r Creek Bo x e l d e r C r eek J a c k s o n D i t c h Little C a c h e L a P ou d re Ditch C a c h e l a P o u d r e R i v e r L a r i m e r C o unty Canal No. 2 2100 4100 2500 100 East 1000 7600 4600 West 1100 6600 North 500 South 5500 400 2000 7500 1700 2700 3100 3600 4500 2100 1100 3000 3100 5600 2600 700 3600 1000 6500 3500 4000 1600 1500 2600 600 3000 2000 100 1600 E Pros p ect Rd S Taft Hill Rd Laporte A ve W Horsetooth Rd N Taft Hill Rd S Shields St W Prospect Rd S Timberline R d E Trilby Rd S Su m mit View Dr Strauss Cabin Rd 9th St E Drake Rd W Laurel St Country Clu b R d W County Road 38E W Elizabe t h St E W il l o x L n W Drake Rd Turnberry Rd S t a te Highway 392 W Willox Ln Kechter Rd W Vine Dr E Vine Dr Richards Lake Rd C o unty Road 54G N County Road 17 N Mason St S RCoaodunty 11 E Douglas Rd N Lemay Ave W Harmony Rd Mountain Vista Dr E Harmony Rd N Timberline Rd E Horsetooth Rd E Lincoln Ave S Howes St W Douglas Rd Main St W Trilby Rd Carpenter Rd Jo h n F Kennedy Pkwy E County Roa d 30 N County Road 19 N County Road 5 E County Road 54 Giddings Rd N County Road 9 S College Ave R i v e rside Av e S Overland Trl S Lemay A v e S Lemay Ave Ziegler Rd N Overlan d Trl Terry Lak e Rd G r e g ory Rd S Mason St N Shields St S County Road 5 S County Road 13 !"`$ ÉZYXW ôZYXW ÕZYXW ÕZYXW ³I ³I ³I 2145335323 2145335301 2154935428 2145335327 2145235221 2145235222 2145235202 2145235238 2145335313 2145335335 2235235101 2145235225 2145235204 2234935801 2154935439 2154935407 2154935429 2145335328 2155235603 2145235203 2145235240 2234935804 2234935803 2145335315 2145335317 2155335701 2145335330 2145335310 2155135501 2145335332 2145235230 2145235223 2145235237 2145235219 2145235242 2145235239 2145235201 2145235233 2155235602 2145235210 2145235226 2145235236 2234935802 2154935441 2155335703 2145335318 2145335341 2145335325 2145335340 2145235247 2145235220 2145235234 2155135502 2145235224 2145235235 2145235245 2154935426 2145335314 2145335304 2154935437 2155235601 2154935427 2145235232 2145235217 2145235218 2145235227 2155135503 2234935805 2145335329 2145235205 2234935806 1 2 3 4 6 5 7 8 9 10 12 11 14 13 15 16 18 19 17 23 21 20 22 24 25 27 26 28 29 31 30 32 33 34 35 37 36 38 39 40 41 42 43 45 44 46 47 48 49 50 52 51 53 54 55 56 57 58 60 59 61 62 63 64 65 66 67 69 68 71 70 72 75 74 73 76 78 77 79 81 80 82 84 83 87 86 85 88 91 90 89 94 93 92 95 96 98 97 99 101 100 102 103 District-City Precinct of Fort Map Collins - Proposed Printed: January 09, 2018 0 0.5 1 1.5 2 Miles Scale 1:64,000 © Effective: Feburary 6, 2018 CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Ken Summers District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak County Precinct Water Features Growth Management Area 77Lines Railroad City Precinct Numbers 2145235205 Larimer County Precinct Numbers County County Precinct Number Number State StateNumber Representative Senatorial Number Congressional District ATTACHMENT 3 7.2 Packet Pg. 104 Attachment: Proposed District-Precinct Map (6401 : SR 017 District-Precinct Map)