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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/17/2018 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting July 17, 2018 Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring July 21-27, 2018 as Flood Awareness Week. B. Proclamation Declaring August 7, 2018, as Neighborhood Night Out. C. Proclamation Declaring July 16-20, 2018 as National Disability Voter Registration Week. D. Proclamation Declaring August 3, 2018, as Haley Hasler Day. City of Fort Collins Page 2 Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] • CITIZEN PARTICIPATION FOLLOW-UP City of Fort Collins Page 3 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the June 19, 2018, Regular Council Meeting. The purpose of this item is to approve the minutes from the June 19, 2018, Regular Council meeting. 2. Items Relating to the Fire Protection Capital Expansion Fee. A. Second Reading of Ordinance No. 086, 2018, Amending Section 7.5-30 of the Code of the City of Fort Collins Relating to the Adjustment of the Fire Protection Capital Expansion Fee. B. Second Reading of Ordinance No. 087, 2018, Appropriating Prior Year Reserves from the Fire Protection Capital Expansion Fee Account Within the Capital Expansion Fee Fund to Reimburse Building Permit Applicants for Overpayment of the Fire Protection Capital Expansion Fee. These Ordinances, unanimously adopted on First Reading on July 3, 2018, adjust the Fire Protection Capital Expansion Fee (Fire CEF) to be consistent with correct calculations and appropriate funds from the Fire CEF Account in the Capital Expansion Fee Fund to reimburse fee payers for overpayments back to October 1, 2017. Consulting firm Duncan Associates discovered there was a cell reference error in their formula used for the City’s 2017 Capital Expansion Fee Study. This error caused the Fire CEF to be overstated by 19%. The City Council approved 75% of the proposed fee increases in the City’s Capital Expansion Fees (CEFs), which went into effect October 1, 2017. Due to the error in the Fire CEF calculation, the Fire CEF was set at 90% instead of 75% of the 2017 proposed fee level. The estimated total refund due to fee payers is approximately $130,000. 3. Second Reading of Ordinance No. 088, 2018, Amending Section 2-31 of the Code of the City of Fort Collins Concerning Executive Sessions Pertaining to Telecommunication Facilities and Services. This Ordinance, unanimously adopted on First Reading on July 3, 2018, amends City Code Section 2-31 to permit executive sessions to consider issues of competition in providing telecommunication facilities and services. This update to City Code is consistent with the November 7, 2017 voter- approved Charter amendment providing for telecommunication facilities and services (broadband) as part of the City’s Electric Utility. The Charter amendment also authorized the Council and any board or commission established under the Charter amendment to go into executive session for such purposes. 4. Second Reading of Ordinance No. 089, 2018, Approving the Addition of Permitted Use Associated with the Century Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan #170017. This Ordinance, unanimously adopted on First Reading on July 3, 2018, approves the Century Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP170017. The APU allows the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Residential (RL) zone district. Wireless City of Fort Collins Page 4 telecommunication facilities are not a permitted use in the RL. PDP170017 proposes a 55-foot tall wireless telecommunications facility disguised as a bell tower at 620 West Horsetooth Road. 5. Items Relating to Planned Unit Development (PUD) Regulations. A. Second Reading of Ordinance No. 091, 2018, Amending Articles 1, 2, 4, and 5 of the Land Use Code Regarding Planned Unit Development Overlay Regulations. B. Second Reading of Ordinance No. 092, 2018, Making Policy Revisions to the Larimer County Urban Area Street Standards. These Ordinances, unanimously adopted on First Reading on July 3, 2018, create an optional Planned Unit Development (PUD) process and regulations within the Land Use Code applicable to parcels 50 acres or greater in size being developed in multiple phases. Under Ordinance No. 091, 2018, a PUD overlay designation would be applied to the City’s zoning map at the time a PUD Master Plan is approved. The PUD Master Plan provides an overall vision for the long-term development, including the project phasing, and the elements for which the applicant has requested entitlement to long-term vested rights of the uses, densities, modifications to land use design standards, and variances to engineering standards. Each development phase is subject to the Project Development Plan (PDP) process. In response to Council discussion on First Reading, staff has reviewed the language describing the purposes of the PUD Overlay process, and the word “significantly” has been added to more fully capture the intent of the language regarding public benefits required. This change appears on page 14 of Ordinance No. 091, 2018. Additionally, the amendment to the Larimer County Urban Area Street Standards in Ordinance No. 092, 2018, as applicable to the City of Fort Collins, was narrowed to allow the consideration of variances related to applications for Planned Unit Development Overlays or Project Development Plans and Final Plans within Planned Unit Development Overlays. 6. Second Reading of Ordinance No. 093, 2018, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Funds, the Wastewater Fund and the Storm Drainage Fund for the Utilities Customer Information Billing System Project. This Ordinance, unanimously adopted on First Reading on July 10, 2018, appropriates $6,297,001 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the 18-year old billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $200 million in annual total revenue through an average of 80,000 monthly utility bills and service requests for residential and commercial customers. 7. First Reading of Ordinance No. 094, 2018, Appropriating Unanticipated Grant Revenue From the Colorado Water Conservation Board and Great Outdoors Colorado in the Natural Areas Fund. The purpose of this item is to appropriate two grants totaling $300,000 into the Natural Areas 2018 budget. The first grant of $200,000 was awarded by the Colorado Water Conservation Board (CWCB) through its Watershed Restoration grant program, and the second is a $100,000 grant awarded by Great Outdoors Colorado (GOCO) through its Habitat Restoration grant program. The CWCB grant was awarded to support two related initiatives focused on improving the health of the Poudre River fish communities. Half the grant ($100,000) will fund the installation of a fish ladder on the Timnath Reservoir Inlet Ditch diversion dam. The second half of the CWCB funds ($100,000) will enable a fish movement monitoring study on the Poudre to better understand the efficacy of fish ladders. The GOCO grant will support Poudre River and floodplain habitat restoration at Kingfisher Point Natural Area. City of Fort Collins Page 5 8. First Reading of Ordinance No. 095, 2018, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget to the Grant Budget for the Restorative Justice Program. The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $67,612 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect for all other offenses. The grant period for is July 1, 2018 to June 30, 2019. This is the second year in a 3- year cycle for the Juvenile Diversion grant. 9. First Reading of Ordinance No. 096, 2018, Appropriating Prior Year Reserves in the Parking Fund for the Replacement of a Parking Enforcement Patrol Vehicle and License Plate Recognition System. The purpose of this item is to appropriate $80,000 from Parking Services Reserves to replace a parking enforcement patrol vehicle and its license plate recognition system. 10. Items Relating to the City's Various Tax Provisions. A. First Reading of Ordinance No. 097, 2018, Amending Article II of Chapter 25 of the Code of the City of Fort Collins Concerning the City’s Tax Rebate Programs. B. First Reading of Ordinance No. 098, 2018, Amending Article III of Chapter 25 of the Code of the City of Fort Collins Concerning the Imposition, Collection, and Enforcement of the City’s Sales and Use Taxes. C. First Reading of Ordinance No. 099, 2018, Amending Article IV of Chapter 25 of the Code of the City of Fort Collins Concerning the City’s Lodging Tax. D. First Reading of Ordinance No. 100, 2018, Amending Article V of Chapter 25 of the Code of the City of Fort Collins Concerning the City’s Telephone Occupation Tax. The purpose of this item is to amend City Code sections in Chapter 25 to provide clarification for definitions and the application of various sections of the Code, and to make clear the City may use a third-party auditor or collections service for delinquent accounts. 11. First Reading of Ordinance No. 101, 2018, Amending Section 8-158 of the Code of the City of Fort Collins Pertaining to the City's Procurement of Services for an Annual Independent Audit of the City's Financial Records. The purpose of this item is to amend the City Code to accommodate the roles of the Council Finance Committee and the City Council in procuring external audit services for the City. An important element of auditor independence is that the selection of the external auditor is made by a governing body rather than by the staff of the auditee. The proposed Code section would (1) allow the selection process of an external audit services to take place at publicly held meetings and (2) define the maximum service period of an incumbent auditor. 12. First Reading of Ordinance No. 102, 2018, Amending Article IV, Division 2 of Chapter 23 of the Code of the City of Fort Collins Regarding Real Property. The purpose of this item is to amend various Sections of Article IV, Division 2 of Chapter 23 in City Code as it pertains to real property. Article IV was reviewed to find areas where the language could be improved and to make changes to these areas to streamline the process City of Fort Collins Page 6 13. Items Relating to the East Gateway Annexation. A. Resolution 2018-069 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 103, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on June 5, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 14. First Reading of Ordinance No. 104, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. 15. Resolution 2018-070 Approving a Process for Certain Boards and Commissions to Conduct Joint Working Meetings. The purpose of this item is to outline a structure to allow multiple boards and commissions to work cross-functionally on two (yet to be determined) projects to further Triple Bottom Line thinking across boards and commissions. 16. Resolution 2018-071 Approving Fort Fund Grant Disbursements. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. 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. I-25 Update. (staff: Chad Crager) • COUNCILMEMBER REPORTS City of Fort Collins Page 7 • 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. No Discussion Items are scheduled. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Consideration of a motion to cancel the August 7, 2018 Regular Council meeting for Neighborhood Night Out. • ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, April to September is the season most commonly associated with snowmelt flooding and thunderstorm flash flooding; and WHEREAS, Fort Collins has experienced the social, economic and environmental consequences of loss of life and damage to property caused by flood disasters; and WHEREAS, emergency preparedness depends on the leadership and efforts of public officials dedicated to public safety and requires the establishment of farsighted and proactive public policy; and WHEREAS, Fort Collins Utilities was recently awarded a Community Rating System Class 2 designation by the Federal Emergency Management Agency, recognizing the City’s comprehensive Stormwater and Floodplain Management Program; and WHEREAS, by being informed, prepared, and taking proper protective action, the residents of Fort Collins can reduce the potential for loss of life and damage to property when threatened by flood events. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the week of July 21-27, 2018, as FLOOD AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of July, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, the first Tuesday night in August is celebrated across the nation as National Night Out; and WHEREAS, the City of Fort Collins sponsors a unique community celebration program on August 7, 2018 called “Neighborhood Night Out;” and WHEREAS, Neighborhood Night Out provides an exceptional opportunity for residents throughout the city to join their neighbors in promoting community through welcoming and safe neighborhoods; and WHEREAS, the City of Fort Collins plays a vital role in assisting with neighborhood community building and quality of life within Fort Collins by supporting “Neighborhood Night Out”; and WHEREAS, it is essential that all citizens of Fort Collins be aware of the importance that their participation can have on the safety and enjoyment of their neighborhood; and WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to help make our community a safe and enjoyable place to live, work and play. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim Tuesday, August 7, 2018, as NEIGHBORHOOD NIGHT OUT IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of July, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, in July, people with disabilities in Fort Collins and our supporters celebrate the anniversary of the Americans with Disabilities Act (ADA); and WHEREAS, there are over 50 million people with disabilities of all ages living in communities throughout the United States, including over 12,000 people with disabilities in Fort Collins; and WHEREAS, those living with disabilities in Fort Collins have a critical interest in policies enacted at local, state, and national levels that effect the integration of people with disabilities, young and old, into our communities; and WHEREAS, getting those living with disabilities in Fort Collins involved in influencing public policies is essential if these policies are to meet the real needs of people with disabilities to live in the community; and WHEREAS, voting is one way for people with disabilities to exert their influence at local, state and national elections; and WHEREAS, the City of Fort Collins supports the growing involvement of people with disabilities in the political process. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins do hereby designate the week of July 16-20, 2018 as NATIONAL DISABILITY VOTER REGISTRATION WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of July, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, the City of Fort Collins recognizes that the Museum of Art Fort Collins, a non-profit organization, has, for over thirty-five years, uniquely served the Fort Collins community and northern Colorado with the most innovative and engaging local, regional and national modern and contemporary art exhibitions, educational and cultural programming; and WHEREAS, the Museum of Art Fort Collins is exhibiting the original paintings of renown Fort Collins artist Haley Hasler from August 3 through October 14, 2018; and WHEREAS, Haley Hasler is invaluable to the cultural fabric and artistic community of Fort Collins through her creative work, her teaching and her multiple community studio spaces that she operates, giving artists affordable work space; and WHEREAS, Haley’s singular artistic vision over twenty years has focused on self- portraiture addressing her role as a woman, artist and mother through her domestic life in Fort Collins. NOW, THEREFORE, I, Gerry Horak. Mayor Pro Tem of the City of Fort Collins do hereby proclaim Friday, August 3, 2018 as HALEY HASLER DAY IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of July, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the June 19, 2018, Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the June 19, 2018, Regular Council meeting. ATTACHMENTS 1. June 19, 2018 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 288 June 19, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Summers Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 17, Resolution 2018-067 Reappointing Teresa Ablao as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement, has been added to the agenda and noted a Work Session will follow this Regular Meeting. • CITIZEN PARTICIPATION Gregg Leverett discussed his website, various court cases and Fort Collins Police interactions. Eric Sutherland questioned whether the City’s electric utility rate payers have been put in debt to finance the broadband utility. He also discussed the I-25 and Prospect intersection improvements and Fort Collins’ financial participation therein. Kit Baker expressed concern about the budgeting process and cultural contributions. He opposed exempting the broadband budget from the Arts in Public Places funding allocation. Bob Choate, Overland Mountain Bike Club, discussed the Club’s volunteer presence for trail building and other opportunities. He requested Council allow a presentation on a development model for soft surface, multi-purpose trails during a work session. Andrew Schneider thanked Mayor Pro Tem Horak for attending the Hickory Street festival. He discussed the ongoing Arts and Culture Master Plan and expressed concern about its development absent a Cultural Resources director. Deirdre Sullivan, La Familia Executive Director, discussed immigration-related stress and trauma. She requested Council consider supporting a resolution opposing the separation of children from their families at the border. Alma Vigo-Morales, La Familia Board of Directors, requested Council consider supporting a resolution opposing the separation of children from their families at the border. Kristy Beachy-Quick, La Familia Board of Directors, requested Council consider supporting a resolution opposing the separation of children from their families at the border. She also read a statement from her daughter opposing the border separations. Johanna Ulloa requested Council consider supporting a resolution opposing the separation of children from their families at the border. 1.1 Packet Pg. 13 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 289 Daniel Mirich discussed the inhumane treatment of chronically homeless citizens. He stated it is difficult to think immigrants can be helped in the United States when existing citizens are not receiving basic services or being treated equally. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Stephens thanked the speakers and stated she would support a resolution opposing the separation of children from their families at the border. She stated that practice is immoral and barbaric. Councilmember Cunniff noted the broadband bonds have been issued and proceeds have been received. • CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 1, Consideration and Approval of the Minutes of the May 22, 2018 Adjourned Meeting, May 29, 2018 Special Meeting, June 5, 2018 Regular Meeting and the June 11, 2018 Adjourned Meeting, and 13, Items Relating to Amending City Code, Chapter 17 - Miscellaneous Offenses, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Summers 1. Second Reading of Ordinance No. 069, 2018, Appropriating Prior Year Reserves in the Light and Power Fund for the Light and Power New Circuits Project. (Adopted) This Ordinance, unanimously adopted on First Reading on June 5, 2018, appropriates funds from Light & Power Reserves to serve the newly annexed Water Treatment Facility ($1,300,000) and to meet capacity needs at the East Harmony Industrial Park ($480,000) and the Southwest Residential Area ($230,000). The appropriation also includes $7,100 for Art in Public Places (APP). The previous $1.3M appropriation from the Water Fund also included the associated $13,000 for APP. The total amount being requested is $2,017,100, which will leave $3.2M available and unappropriated in the Light & Power Reserves. 2. Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF), and the City’s Human Services Program (HSP). (Adopted) A. Second Reading of Ordinance No. 070, 2018, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. 1.1 Packet Pg. 14 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 290 B. Second Reading of Ordinance No. 071, 2018, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. Ordinance No. 070, 2018 appropriates the City’s FY2018 Community Block Grant (CDBG), Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG Unanticipated Program Revenue Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and HOME Unanticipated Program Revenue from FY2017. Ordinance No. 071, 2018 appropriates the City’s FY2018 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and HOME Unanticipated Program Revenue from FY2017. These ordinances were unanimously adopted on First Reading on June 5, 2018. 3. Second Reading of Ordinance No. 072, 2018, Amending Chapter 19 Regarding Civil Infractions. (Adopted) This Ordinance, unanimously adopted on First Reading on June 5, 2018, removes the notification requirement for violations of Chapter 19 to allow Code Compliance Inspectors the flexibility to issue immediate citations for all properties, includes some identified and sustained egregious or chronic offenders of the nuisance code. Civil infractions are heard under the approved Municipal Court Rules. On Second Reading, the Ordinance amends the heading for Chapter 19, Article V, to read “Civil Infractions” instead of “Rules for Civil Infractions” to avoid any confusion with the Municipal Court Rules. 4. Second Reading of Ordinance No. 073, 2018 Annexing Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. (Adopted) This Ordinance, unanimously adopted on First Reading on June 5, 2018, annexes an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 5. Second Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This Ordinance, unanimously adopted on First Reading on June 5, 2018, zones the property included in the Aweida Annexation into the Low Density Mixed-Use Neighborhood zone district. 6. Second Reading of Ordinance No. 077, 2018, Amending Chapter 7 of the Code of the City of Fort Collins to Amend Requirements and Procedures for City Elections. (Adopted) This Ordinance, unanimously adopted on First Reading on June 5, 2018, amends the Election Code to clarify that expenditures for political advertising includes internet advertising; amend deadlines for write-in candidates, nomination petitions, withdrawals and campaign reports; and adopt Code language to align with the Uniform Overseas Citizens Absentee Voting Act (UOCAVA). The Code amendments will also require candidates and committees to keep samples of public communications and revise the definition for independent expenditures. Between First and Second Reading, the Ordinance has been amended to change the deadline for political committees or issues committees to file a termination report from sixty days to seventy days after the election. This deadline change will align the requirement for termination reports with the date all final reports are due. 1.1 Packet Pg. 15 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 291 7. Items Relating to Poudre River Whitewater Park Fundraising. (Adopted) A. Resolution 2018-061 Recognizing Revenues Received from Private Fundraising and Finding Substantial Satisfaction of Conditions on Prior Appropriations for the Poudre River Whitewater Park Project. B. First Reading of Ordinance No. 078, 2018, Appropriating Unanticipated Revenue in the Capital Project Fund for the Poudre River Whitewater Park Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program for the Poudre River Whitewater Park Project. The purpose of this item is to acknowledge receipt of the full amount of fundraising dollars required to release expenditure of the Community Capital Improvement Program (CCIP) funds appropriated for the project under Ordinance No. 058, 2018, and to appropriate additional fundraising dollars secured for the Whitewater Park Project. 8. First Reading of Ordinance No. 079, 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 Suniga Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted) The purpose of this item is to appropriate $1,477,370 of Transportation Capital Expansion Fee (TCEF) Funds into the Capital Project Fund for the Suniga Road Improvements Project. In addition, this item will authorize the transfer of $14,774, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and landscaped medians and parkways. The project will complement the existing section of Suniga Road, providing connectivity for surrounding developments from North College Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process. 9. First Reading of Ordinance No. 080, 2018, Appropriating Prior Year Reserves in the Parking Fund for the Downtown Parking Sensor and Technology Project and Authorizing the Transfer of Appropriations from the Parking Fund to the Cultural Services and Facilities for the Art in Public Places Program. (Adopted) The purpose of this item is to appropriate $359,917 of additional funds from Parking Reserves into the capital project fund to complete the Downtown Parking Sensor and Technology project and to appropriate 1% of the project to Art in Public Places. The Project includes installing sensors and new payment technology in the three downtown parking structures and in approximately 3000 on-street parking spaces and 3 parking lots (the “Project”). This Project will allow Parking Services to collect occupancy and turnover rate data to improve management of downtown parking. The sensors will link to the FC Parking application (app) and show where available parking spaces are located. Phase I of the Project was completed in 2017 and installed the sensor and payment technology in the Firehouse Alley Parking Structure. Funds for the remainder of the Project include: $750k in General Fund (appropriated in 2017 for this purpose as a part of Ordinance No. 154, 2017); 2017-18 Budget Offer 73.3 ($84,692, and $90,083); and Parking Fund Reserves. The total estimated cost for the Project is $1.2M. Installation of parking sensors in the Old Town Parking Structure and the Civic Center Parking Structure has been initiated with the previously appropriated funds. The additional funds are necessary to complete the on-street and parking lot portion of the Project. The anticipated completion date for the Project is by the end of 2018. 1.1 Packet Pg. 16 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 292 10. Items Relating to Combined Regional Information Systems Project (CRISP). (Adopted) A. First Reading of Ordinance No. 081, 2018, Reappropriating Funds Previously Appropriated in 2017 but not Expended and not Encumbered in 2017, Appropriating Prior Year Reserves in the General Fund and Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police Services Combined Regional Information Systems Project. B. Resolution 2018-062 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County and the City of Loveland for the Purpose of Sharing in the Purchase of a Public Safety Software Solution for the Combined Regional Information Systems Project. C. Resolution 2018-063 Approving an Exception to the Use of a Competitive Process for the Purchase of a Public Safety Software Solution from TriTech Software Systems. The purpose of this item is to purchase a public safety software solution for the Combined Regional Information Systems Project (CRISP). CRISP is a regional partnership with other Larimer County public safety agencies and provides a reliable public safety software solution that allows regional agencies to share police and fire data, manage incidents and provide for redundancy and continuity of operations. The current system is scheduled for replacement. The City of Loveland is joining CRISP and with the addition of Loveland and other project changes, staff is also requesting an additional appropriation of $1.98 million with the understanding that all but $288K will be reimbursed from both CRISP partner and member agencies. 11. First Reading of Ordinance No. 082, 2018, Appropriating Unanticipated Grant Revenue From Bloomberg Philanthropies in the Light and Power Fund for the Home Efficiency Loan Program/On-Bill Financing Program. (Adopted) The purpose of this item is to appropriate $100,000 in grant revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, into the Fort Collins Utilities Light and Power Enterprise fund for the purposes of developing and capitalizing the Utilities On-Bill Financing program (OBF). The OBF provides utility bill serviced loans for energy efficiency capital improvements, and the Bloomberg project within this program will focus on funding improvements to advance efficiency in rental properties. 12. Resolution 2018-064 Approving an Art Project for the Riverside Bridge Project and Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund and the Art in Public Places Stormwater Utility Account to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program. (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account and the Art in Public Places Stormwater Utility Account to commission an artist to create art for the Riverside Bridge Project. The expenditures of $35,000 will be for design, materials, signage, fabrication, delivery, and contingency for Carolyn Braaksma to create the art for the bridge wall along the trail. 13. Resolution 2018-065 Discontinuing the City Council Mall Redevelopment Committee. (Adopted) The purpose of this item is to discontinue the City Council Mall Redevelopment Committee (the “Committee”) established by Resolution 2014-056 in July 2014. The Committee was created by Council to provide oversight and to be available to the City Manager to provide feedback concerning his administration of the Redevelopment and Reimbursement Agreement. Section 3 of the 2014 Resolution provides that it was City Council's "intent that upon completion of the redevelopment of the commercial portion of the Mall Project," the Committee would be discontinued. The commercial development portion of the Mall is now complete. The Committee is, therefore, no longer needed. 1.1 Packet Pg. 17 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 293 14. Resolution 2018-066 Making Appointments to the Cultural Resources Board, Parks and Recreation Board, Landmark Preservation Commission, and The Women's Commission of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Liliane Francuz to fill a vacancy on the Cultural Resources Board due to the resignation of Amy Cerevan, Sam Houghteling to the Parks and Recreation Board due to the resignation of Scott Sinn, Anne Nelsen to the Landmark Preservation Commission due to the resignation of Bud Frick, and Melanie Potyondy to the Women’s Commission due to the resignation of Jennifer Harvey. 15. Resolution 2018-067 Reappointing Teresa Ablao as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. (Adopted) The purpose of this item is to reappoint Teresa Ablao as the Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of an Assistant Municipal Judge to serve in the absence of the Municipal Judge. Teresa Ablao has served in this capacity since mid- 2012. Municipal Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as the Assistant Municipal Judge. • END CONSENT • COUNCILMEMBER REPORTS Councilmember Overbeck reported on the press conference held by the mother of a young man who drowned while tubing in the Poudre River. He stated Poudre Fire Authority, City of Fort Collins, Poudre Heritage Alliance, and Larimer County have joined together to create a map for tubers to attempt to prevent any future deaths. Mayor Pro Tem Horak reported on the I-25 expansion between Mulberry and SH 402 and on the City Park refresh project which is being put on hold. City Manager Atteberry stated feedback on the proposed plans has led to staff opting to put the refresh on hold until additional agreement can be reached. Mayor Troxell reported on a trip to the Netherlands with People for Bikes that resulted from Fort Collins being chosen for the Big Jump project. Councilmember Cunniff reported on the Poudre School District, City, and County liaison meeting during which Fort Collins’ fireworks ban was discussed. Councilmember Stephens reported on the Poudre School District, City, and County liaison meeting during which homeless youth issues were discussed. • DISCUSSION ITEMS (No discussion items were scheduled) 1.1 Packet Pg. 18 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 294 • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 16. Consideration and Approval of the Minutes of the May 22, 2018 Adjourned Meeting, May 29, 2018 Special Meeting, June 5, 2018 Regular Meeting and the June 11, 2018 Adjourned Meeting. (Adopted) The purpose of this item is to approve the minutes from the May 22, 2018 Adjourned Council meeting, May 29, 2018 Special Council meeting, June 5, 2018 Regular Council meeting and the June 11, 2018 Adjourned Council meeting. Eric Sutherland stated the City Charter requires final passage of all ordinances at a regular Council meeting and stated Council should not have been able to authorize the broadband debt as it did. City Attorney Daggett stated Mr. Sutherland has been able to raise issues regarding the manner in which the Enterprise bond ordinance was adopted in March and April under the minutes agenda item. She stated staff disagrees with his interpretation of the Charter and how it applies to the actions that were taken. Mayor Troxell encouraged Mr. Sutherland to work more cooperatively with the City rather than in an adversarial manner through the court system. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve the minutes of the May 22, 2018 Adjourned Meeting, the May 29, 2018 Special Meeting, the June 5, 2018 Regular Meeting, and the June 11, 2018 Adjourned Meeting. Mayor Pro Tem Horak stated Mr. Sutherland’s comments about the City Attorney are untrue and not appropriate. City Attorney Daggett noted the June 11 minutes should been changed to reflect the meeting’s status as Adjourned rather than Special. Mayor Pro Tem Horak and Councilmember Overbeck accepted the change. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Summers 17. Items Relating to Amending City Code, Chapter 17 - Miscellaneous Offenses. (Adopted) A. First Reading of Ordinance No. 083, 2018, Amending Articles III, IV, VI, and VII of Chapter 17 of the Code of the City of Fort Collins Pertaining to Trespass, Theft, Littering, Criminal Mischief, Resisting Arrest, Throwing of Missiles, and Disorderly Conduct. B. First Reading of Ordinance No. 084, 2018, Amending Article VII of Chapter 17 of the Code of the City of Fort Collins Pertaining to Staying on Medians. C. First Reading of Ordinance No. 085, 2018, Amending Article VII of Chapter 17 of the Code of the City of Fort Collins Pertaining to Panhandling. The purpose of this item is to amend certain Sections of Chapter 17 regarding trespass, theft, littering, criminal mischief, resisting arrest, throwing of missiles, and disorderly conduct to be consistent with state statutes; to amend Section 17-122 to make that section more specific to prohibit staying on 1.1 Packet Pg. 19 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 295 medians in locations where safety issues arise given median width, traffic volumes, and/or traffic speed; and to eliminate Section 17-127 in its entirety pertaining to panhandling. Eric Sutherland stated Council should not be the final arbiter of the language being added into the Code in this regard. Mayor Troxell stated Council is the legislative body and that is what it has been elected to do. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 083, 2018, on First Reading. RESULT: ORDINANCE NO. 083, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Summers Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 084, 2018, on First Reading. Councilmember Stephens emphasized this is a safety measure to keep people off medians. RESULT: ORDINANCE NO. 084, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Summers Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 085, 2018, on First Reading. Councilmember Cunniff requested additional detail regarding how Police Services plans to address specific crimes prior to Second Reading. Mayor Pro Tem Horak stated Council takes legal advice into account when making its decisions. RESULT: ORDINANCE NO. 085, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Summers • OTHER BUSINESS Councilmember Stephens requested and received Council support for staff to draft a resolution condemning the family separations at the country’s southern border. 1.1 Packet Pg. 20 Attachment: June 19, 2018 (6974 : minutes-6/19) June 19, 2018 City of Fort Collins Page 296 Councilmember Cunniff supported Councilmember Stephens, assuming the resolution focuses on the child separation issue. Councilmember Overbeck supported Councilmember Stephens. Mayor Pro Tem Horak stated he would like to look at the effect of the practice on Fort Collins specifically and requested additional information from staff. He asked if the Legislative Review Committee has discussed the issue. Councilmember Overbeck replied in the negative. Mayor Pro Tem Horak suggested the Legislative Review Committee discuss the topic prior to the formation of a resolution. Councilmember Cunniff encouraged citizens to contact state representatives. Mayor Troxell stated he would like to focus on issues directly impacting Fort Collins. • ADJOURNMENT The meeting adjourned at 7:09 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 21 Attachment: June 19, 2018 (6974 : minutes-6/19) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Jennifer Poznanovic, Project and Revenue Manager John Duval, Legal SUBJECT Items Relating to the Fire Protection Capital Expansion Fee. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 086, 2018, Amending Section 7.5-30 of the Code of the City of Fort Collins Relating to the Adjustment of the Fire Protection Capital Expansion Fee. B. Second Reading of Ordinance No. 087, 2018, Appropriating Prior Year Reserves from the Fire Protection Capital Expansion Fee Account Within the Capital Expansion Fee Fund to Reimburse Building Permit Applicants for Overpayment of the Fire Protection Capital Expansion Fee. These Ordinances, unanimously adopted on First Reading on July 3, 2018, adjust the Fire Protection Capital Expansion Fee (Fire CEF) to be consistent with correct calculations and appropriate funds from the Fire CEF Account in the Capital Expansion Fee Fund to reimburse fee payers for overpayments back to October 1, 2017. Consulting firm Duncan Associates discovered there was a cell reference error in their formula used for the City’s 2017 Capital Expansion Fee Study. This error caused the Fire CEF to be overstated by 19%. The City Council approved 75% of the proposed fee increases in the City’s Capital Expansion Fees (CEFs), which went into effect October 1, 2017. Due to the error in the Fire CEF calculation, the Fire CEF was set at 90% instead of 75% of the 2017 proposed fee level. The estimated total refund due to fee payers is approximately $130,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (PDF) 2. Ordinance No. 086, 2018 (PDF) 3. Ordinance No. 087, 2018 (PDF) 2 Packet Pg. 22 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 3, 2018 City Council STAFF Jennifer Poznanovic, Project and Revenue Manager John Duval, Legal SUBJECT Items Relating to the Fire Protection Capital Expansion Fee. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 086, 2018, Amending Section 7.5-30 of the Code of the City of Fort Collins Relating to the Adjustment of the Fire Protection Capital Expansion Fee. B. First Reading of Ordinance No. 087, 2018, Appropriating Prior Year Reserves from the Fire Protection Capital Expansion Fee Account Within the Capital Expansion Fee Fund to Reimburse Building Permit Applicants for Overpayment of the Fire Protection Capital Expansion Fee. The purpose of this item is to adjust the Fire Protection Capital Expansion Fee (Fire CEF) consistent with correct calculations and to appropriate funds from the Fire CEF Account in the Capital Expansion Fee Fund to reimburse fee payers for overpayments back to October 1, 2017. Consulting firm Duncan Associates discovered there was a cell reference error in their formula used for the City’s 2017 Capital Expansion Fee Study. This error caused the Fire CEF to be overstated by 19%. The City Council approved 75% of the proposed fee increases in the City’s Capital Expansion Fees (CEFs), which went into effect October 1, 2017. Due to the error in the Fire CEF calculation, the Fire CEF was set at 90% instead of 75% of the 2017 proposed fee level. The estimated total refund due to fee payers is approximately $130,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In 2016, the City of Fort Collins contracted with consulting firm Duncan Associates to analyze the City’s methodology for calculating CEFs and to update the CEFs for Neighborhood Parks, Community Parks, Fire, Police and General Government. CEFs require City Council approval and Council approved the increases in the CEFs at 75% of the amounts determined by Duncan Associates. These fee increases went into effect October 1, 2017. ATTACHMENT 1 2.1 Packet Pg. 23 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6975 : SR 086 087 Fire Capital Expansion Fee) Agenda Item 7 Item # 7 Page 2 Earlier this year, the Poudre Fire Authority (PFA) contracted with Duncan Associates to update the Fire CEF. Duncan Associates used data collected from the City’s 2017 Capital Expansion Fee Study as a basis for starting the PFA study. During its analysis, Duncan Associates discovered there was a cell reference error in their formula used for the City. In the tables below, “Net Cost per Functional Population” of $422 was calculated using “Net Replacement Cost” instead of “Net Replacement Cost Attributable to City.” Correcting this error would result in a “Net Cost per Functional Population” of $354. This calculation error caused the Fire CEF to be overstated by 19% in the 2017 CEF Study. In the table below, the “2017 proposed” fees are overstated by 19% compared to the “proposed corrected” or accurately calculated 2017 proposed fees. Staff asked Duncan Associates to confirm that all other CEFs were calculated correctly. Duncan Associates confirmed that all other CEFs were calculated correctly. In the table below, the “current” amounts imposed for the Fire CEF (effective October 1, 2017) are at 90% instead of 75% of the “proposed corrected” 2017 fee level. The “current corrected” column shows Fire CEFs at 75% of the accurately calculated full fee level. The next fee increase is anticipated for 2019 and would be to update all CEFs (Neighborhood Parks, Community Parks, Fire, Police and General Government) from 75% (step I) to 90% (step II) of the 2017 proposed fees. Staff presented two options to Council Finance Committee on June 18, 2018: 1. Adjust the Fire CEF to the 75% level and provide refunds to overpaying feepayers. ‐ Adjust fees consistent with corrected calculations – required Ordinance ‐ Appropriate funds from the Fire CEF Account for reimbursement of building permits paid back to October 1, 2017 2. Continue with current fees ‐ Step I and step II of Fire CEF increases = 90% of the 2017 proposed fee level Guidance from Council Finance Committee was Option 1. CITY FINANCIAL IMPACTS 2.1 Packet Pg. 24 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6975 : SR 086 087 Fire Capital Expansion Fee) Agenda Item 7 Item # 7 Page 3 The current impact as of June 19, 2018, is approximately $78,000 in refunds for approximately 395 building permits that have been issued. Fees are paid upon issuance of the permit and there are currently approximately 135 building permit applications. Refunds will also be provided to applicants issued new permits before the corrected fee goes into effect, which is anticipated for July 28, 2018. The total refund estimate of approximately $130,000 is on the high end due to high monthly permit variance. The City will only refund what is owed and the balance will go back into the Fire CEF Account. Staff time estimated to issue 500 refunds is approximately 40 minutes per refund across two departments - 30 minutes per refund in Community Development and Neighborhood Services and 10 minutes per refund in Accounting. This is approximately 330 hours or 40 days. Staff plans to process and issue refunds expeditiously. BOARD / COMMISSION RECOMMENDATION On June 18, 2018, Council Finance Committee recommended Option 1 - Adjust the Fire CEF to the 75% level and provide refunds to overpaying feepayers. (Attachment 1) PUBLIC OUTREACH Staff plans to communicate the Fire CEF calculation error with impacted permit holders and applicants prior to issuing refunds and adjusting fees. Until corrected Fire CEFs are effective, staff plans to communicate with new permit applicants that fees will be adjusted once the corrected fees are effective (estimate July 28, 2018). ATTACHMENTS 1. Council Finance Committee Minutes, June 18, 2018 (PDF) 2.1 Packet Pg. 25 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6975 : SR 086 087 Fire Capital Expansion Fee) -1- ORDINANCE NO. 086, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 7.5-30 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE ADJUSTMENT OF THE FIRE PROTECTION CAPITAL EXPANSION FEE WHEREAS, the City is a home rule municipality having the full right of self-government in local and municipal matters under the provisions of Article XX, Section 6 of the Colorado Constitution and the City’s Charter; and WHEREAS, among the home rule powers of the City is the power to regulate, as a matter of purely local concern, the development of real property within the City and to impose impact fees for such development; and WHEREAS, the City Council has determined that new development should contribute its proportionate share of providing the capital improvements typically funded with impact fees; and WHEREAS, the City Council has broad legislative discretion in determining the appropriate funding mechanisms for financing the construction of public facilities and improvements in the City; and WHEREAS, in early 2016, City staff initiated a comprehensive review of the City’s various impact fees now charged to new development; and WHEREAS, as part of that review, the City commissioned consultant Duncan Associates (“Duncan”) to prepare an impact fee study for the community parkland, neighborhood parkland, police, fire protection and general government capital expansion fees (collectively, “Capital Expansion Fees”) which resulted in the “Capital Expansion Fee Study” dated August 2016, in which Duncan identified the need to increase each of the Capital Expansion Fees by various amounts (the “CEF Study”); and WHEREAS, on June 6, 2017, the City Council adopted Ordinance No. 049, 2017 (“Ordinance No. 049”) in which it amended various sections of City Code Chapter 7.5 to implement the fee increases recommended for the Capital Expansion Fees in the CEF Study to be effective October 1, 2017, but in doing so, the Council decided to only increase the Capital Expansion Fees to 75% of the amounts recommended in the CEF Study; and WHEREAS, Duncan recently discovered that the increased amount for the City’s fire protection capital expansion fee (the “Fire CEF”) was incorrectly calculated in the CEF Study resulting in the Fire CEF being increased in Ordinance No. 049 to a level that is 90% of the Fire CEF recommended in the CEF Study; and WHEREAS, this has resulted in those persons and entities applying to the City for building permits since October 1, 2017, to pay the Fire CEF at the 90% level instead of the 75% level intended in Ordinance No. 049; and 2.2 Packet Pg. 26 Attachment: Ordinance No. 086, 2018 (6975 : SR 086 087 Fire Capital Expansion Fee) -2- WHEREAS, this Ordinance amends Code Section 7.5-30 to fix this error Duncan discovered by reducing the Fire CEF to the 75% level recommended in the CEF Study as intended in Ordinance No. 049; and WHEREAS, contemporaneously with this Ordinance, the City Council will also consider the adoption of Ordinance No. 087, 2018, to appropriate $130,000 from the Fire Protection Capital Expansion Fee Account within the Capital Expansion Fee Fund to reimburse applicants for building permits who have overpaid, and will continue to overpay until this Ordinance goes into effect, the Fire CEF at the 90% level instead of the intended 75% level; and WHEREAS, for the foregoing reasons, the City Council has determined that it is in the best interest of the City and its citizens and necessary for the protection of the public’s health, safety and welfare, that the Fire CEF be decreased in Code Section 7.5-30 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 Section 7.5-30 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-30. - Fire protection capital expansion fee. (a) There is hereby established a fire protection capital expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of fire services, as such improvements may be identified in the capital improvements plan for fire protection services. Such fee shall be payable prior to the issuance of any building permit for a residential, commercial or industrial structure. The amount of such fee shall be determined as follows: Current As of October 1, 2017 Resid., up to 700 sq. ft. $281.00 $316.00 Resid., 701 to 1,200 sq. ft. 357.00 428.00 Resid., 1,201 to 1,700 sq. ft. 395.00 465.00 Resid., 1,701 to 2,200 sq. ft. 410.00 473.00 Resid., over 2,200 sq. ft. 440.00 526.00 Commercial buildings (per 1,000 sq. ft.) 339.00 395.00 Industrial buildings (per 1,000 sq. ft.) 80.00 93.00 . . . 2.2 Packet Pg. 27 Attachment: Ordinance No. 086, 2018 (6975 : SR 086 087 Fire Capital Expansion Fee) -3- Introduced, considered favorably on first reading, and ordered published this 3rd day of July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 28 Attachment: Ordinance No. 086, 2018 (6975 : SR 086 087 Fire Capital Expansion Fee) -1- ORDINANCE NO. 087, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES FROM THE FIRE PROTECTION CAPITAL EXPANSION FEE ACCOUNT WITHIN THE CAPITAL EXPANSION FEE FUND TO REIMBURSE BUILDING PERMIT APPLICANTS FOR OVERPAYMENT OF THE FIRE PROTECTION CAPITAL EXPANSION FEE WHEREAS, in early 2016, City staff initiated a comprehensive review of the City’s various impact fees now charged to new development; and WHEREAS, as part of that review, the City commissioned consultant Duncan Associates (“Duncan”) to prepare an impact fee study for the community parkland, neighborhood parkland, police, fire protection and general government capital expansion fees (collectively, “Capital Expansion Fees”) which resulted in the “Capital Expansion Fee Study” dated August 2016, in which Duncan identified the need to increase each of the Capital Expansion Fees by various amounts (the “CEF Study”); and WHEREAS, on June 6, 2017, the City Council adopted Ordinance No. 049, 2017 (“Ordinance No. 049”) in which it amended various sections of City Code Chapter 7.5 to implement the fee increases recommended for the Capital Expansion Fees in the CEF Study to be effective October 1, 2017, but in doing so, the Council decided to only increase the Capital Expansion Fees to 75% of the amounts recommended in the CEF Study; and WHEREAS, Duncan recently discovered that the increased amount for the City’s fire protection capital expansion fee (the “Fire CEF”) was incorrectly calculated in the CEF Study resulting in the Fire CEF being increased in Ordinance No. 049 to a level that is 90% of the Fire CEF recommended in the CEF Study; and WHEREAS, this has resulted in those persons and entities applying to the City for building permits since October 1, 2017, to pay the Fire CEF at the 90% level instead of the 75% level intended in Ordinance No. 049; and WHEREAS, contemporaneously with its consideration of this appropriation Ordinance, the City Council will also consider the adoption of Ordinance No. 086, 2018, to amend Code Section 7.5-30 to fix this error Duncan discovered by reducing the Fire CEF to the 75% level as intended in Ordinance No. 049; and WHEREAS, this Ordinance appropriates $130,000 from the Fire Protection Capital Expansion Fee Account within the Capital Expansion Fee Fund to reimburse those building permit applicants who have or will overpay the Fire CEF at the 90% level instead of the 75% level intended in Ordinance 049; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and 2.3 Packet Pg. 29 Attachment: Ordinance No. 087, 2018 (6975 : SR 086 087 Fire Capital Expansion Fee) -2- WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Fire Protection Capital Expansion Fee Account within the Capital Expansion Fee Fund and will not cause the total amount appropriated in the Fire Protection Capital Expansion Fee Account within the Capital Expansion Fee Fund to exceed the current estimate of actual and anticipated revenues to be received in that Account during any fiscal year; and WHEREAS, for the foregoing reasons, the City Council has determined that it is in the best interest of the City and its citizens and necessary for the protection of the public’s health, safety and welfare, that these funds be appropriated to reimburse those building permit applicants who have or will overpay the Fire CEF because of the error in the CEF Study. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Fire Protection Capital Expansion Fee Account within the Capital Expansion Fee Account the sum of ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000) for the reimbursement of those building permit applicants who have or will overpay the Fire CEF at the 90% level set in the CEF Study instead of at the 75% level as intended in Ordinance No. 049. Section 3. This appropriation shall not be effective unless and until Ordinance No. 086, 2018, becomes law to amend Code Section 7.5-30 to reduce the Fire CEF to the 75% level intended by Ordinance No. 049. Introduced, considered favorably on first reading, and ordered published this 3rd day of July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 30 Attachment: Ordinance No. 087, 2018 (6975 : SR 086 087 Fire Capital Expansion Fee) -3- Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 31 Attachment: Ordinance No. 087, 2018 (6975 : SR 086 087 Fire Capital Expansion Fee) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Mike Beckstead, Chief Financial Officer Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 088, 2018, Amending Section 2-31 of the Code of the City of Fort Collins Concerning Executive Sessions Pertaining to Telecommunication Facilities and Services. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 3, 2018, amends City Code Section 2-31 to permit executive sessions to consider issues of competition in providing telecommunication facilities and services. This update to City Code is consistent with the November 7, 2017 voter-approved Charter amendment providing for telecommunication facilities and services (broadband) as part of the City’s Electric Utility. The Charter amendment also authorized the Council and any board or commission established under the Charter amendment to go into executive session for such purposes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (PDF) 2. Ordinance No. 088, 2018 (PDF) 3 Packet Pg. 32 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY July 3, 2018 City Council STAFF Mike Beckstead, Chief Financial Officer Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 088, 2018, Amending Section 2-31 of the Code of the City of Fort Collins Concerning Executive Sessions Pertaining to Telecommunication Facilities and Services. EXECUTIVE SUMMARY The purpose of this item is to update City Code consistent with the November 7, 2017 voter-approved Charter amendment providing for telecommunication facilities and services (broadband) as part of the City’s Electric Utility. The Charter amendment also authorized the Council and any board or commission established under the Charter amendment to go into executive session to consider issues of competition in providing telecommunication facilities and services. The proposed Ordinance amends City Code Section 2-31 to permit executive sessions for such purposes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Within the feasibility assessment associated with establishing a municipal broadband service within Fort Collins, various critical success factors were discussed in detail with council and the community. Chart A outlines the 4 major critical success factors related to a successful launch of broadband in a Commercial/Competitive environment vs. the City’s current four single source Utilities. Commercial / Competitive Single Source Utility Commercial Objectives Social / Political Objectives Market-Based Decision Timeliness Slower Decision Timeliness Strategic Confidentiality Material Public Discussion all Material Business/Competitive Expertise Business Expertise Chart A To avoid a competitive disadvantage for the City’s broadband effort, the ballot language approved by voters on November 7, 2017, specifically modified the City Charter to allow executive sessions to consider matters pertaining to competition in the City’s provision of telecommunications facilities and services. Matters pertaining to competition include, but are not limited to, matters subject to negotiation, strategic planning, pricing, sales and marketing, development phasing and any other matter allowed under Colorado law under the ballot language. ATTACHMENT 1 3.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6976 : SR 088 Executive Sessions) Agenda Item 8 Item # 8 Page 2 The approved Charter language pertaining to executive sessions is listed below. The complete ballot language is included in Attachment 2. (d) In addition to the authority to go into executive session as provided in Section 11 of Article II of this Charter, the Council, and any board or commission established under subsection (e) below, may go into executive session to consider matters pertaining to issues of competition in providing the telecommunication facilities and services authorized in this Section, which shall include, without limitation, matters subject to negotiation, strategic planning, pricing, sales and marketing, development phasing and any other matter allowed under Colorado law. Updates to City Code Section 2-31 are required to implement the new Charter language. The information below outlines the governance and operational authority of both Council and the City Manager. Council will make decisions and set policy at City Council meetings on topics such as those highlighted under Governance. Executive sessions will be used to discuss matters where sharing the types of information specified in the Charter would cause a competitive disadvantage to the broadband effort. 3.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6976 : SR 088 Executive Sessions) Agenda Item 8 Item # 8 Page 3 ATTACHMENTS 1. Agenda Item Summaries re: Proposed Charter Amendment to Add a New Section to Charter Article XII Pertaining to Telecommunication Facilities and Services, August 8 and August 15, 2017 (PDF) 2. Ordinance No. 101, 2017 (PDF) 3.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6976 : SR 088 Executive Sessions) -1- ORDINANCE NO. 088, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-31 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING EXECUTIVE SESSIONS PERTAINING TO TELECOMMUNICATION FACILITIES AND SERVICES WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 060, 1993 establishing the City’s Electric Utility as an enterprise of the City under Section 20 of Article X of the Colorado Constitution (the “Electric Utility Enterprise”); and WHEREAS, at a special election on November 3, 2015, City voters authorized the City to provide high-speed internet services, including, without limitation, high-bandwidth broadband services, telecommunications services, and/or cable television services within the City’s growth management area; and WHEREAS, at a special election on November 7, 2017, City voters approved an amendment to the City Charter, which has added a new Section 7 to Charter Article XII (“Section 7”); and WHEREAS, paragraph (a) of Section 7 grants to the City Council the power, by ordinance and without a vote of the electors, to authorize the Electric Utility Enterprise to acquire, construct, provide, fund and contract for “telecommunications facilities and services,” including, without limitation, “broadband Internet facilities and services,” as both these terms are defined in paragraph (f) of Section 7 (“Telecommunication Facilities and Services”); and WHEREAS, on January 16, 2018, the City Council adopted Ordinance No. 011, 2018 amending the City Code by adding a new Section 26-398 to Code Chapter 26 to implement this authority granted in Section 7 by authorizing the Electric Utility Enterprise to acquire, construct, provide, fund and contract for Telecommunication Facilities and Services and by authorizing the Electric Utility Enterprise to exercise the power to issue revenue bonds to fund the provision of Telecommunication Facilities and Services as provided in paragraph (b) of Section 7; and WHEREAS, Ordinance No. 011, 2018 also amended Code Sections 2-504 and 26-21 to delegate to the City Manager the direct responsibility to administer and supervise the Electric Utility Enterprise’s provision of Telecommunication Facilities and Services and to make other changes to the administration of Utility Services in light of this new assignment of direct responsibility to the City Manager; and WHEREAS, on January 16, 2018, the City Council also adopted Ordinance No. 010, 2018, to appropriate $1.8 million from the City’s General Fund as a loan to the City’s Light and Power Fund to be used by the Electricity Utility for its start-up costs related to providing Telecommunication Facilities and Services; and WHEREAS, Ordinance No. 011, 2018 also amended Code Section 8-77 to provide that the City’s revenues, debt issuance proceeds and expenditures related to Telecommunication Facilities 3.2 Packet Pg. 36 Attachment: Ordinance No. 088, 2018 (6976 : SR 088 Executive Sessions) -2- and Services shall be deposited, expended and administered through the City’s Light and Power Fund; and WHEREAS, the City Council now desires to amend City Code Section 2-31 regarding executive sessions to implement the authority of the Council, and any board or commission established under Section 7(e), to go into executive session to consider matters pertaining to issues of competition in providing Telecommunications Facilities and Services; and WHEREAS, the City Council hereby finds that this Ordinance is necessary for the public’s health, safety and welfare and is in the best interests of the City and its residents, businesses, and public and private organizations and of the Electric Utility’s ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That City Code Section 2-31(a) of the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (5) which reads in its entirety as follows: (5) Consideration, by the Council or any board or commission established under Article XII, Section 7(e) of the City Charter, of matters pertaining to issues of competition in providing the telecommunication facilities and services authorized in Article XII, Section 7 of the City Charter and City Code Section 26-398 including, without limitation, matters subject to negotiation, strategic planning, pricing, sales and marketing, development phasing and any other matter allowed under Colorado law. . . . Introduced, considered favorably on first reading, and ordered published this 3rd day of July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 37 Attachment: Ordinance No. 088, 2018 (6976 : SR 088 Executive Sessions) -3- Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 38 Attachment: Ordinance No. 088, 2018 (6976 : SR 088 Executive Sessions) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Clay Frickey, City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 089, 2018, Approving the Addition of Permitted Use Associated with the Century Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan #170017. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 3, 2018, approves the Century Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP170017. The APU allows the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Residential (RL) zone district. Wireless telecommunication facilities are not a permitted use in the RL. PDP170017 proposes a 55-foot tall wireless telecommunications facility disguised as a bell tower at 620 West Horsetooth Road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (PDF) 2. Ordinance No. 089, 2018 (PDF) 4 Packet Pg. 39 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 3, 2018 City Council STAFF Clay Frickey, City Planner Brad Yatabe, Legal SUBJECT Items Relating to Consideration of the Century Wireless Telecommunications Facility Addition of Permitted Use Request. EXECUTIVE SUMMARY A. Public Hearing and First Reading of Ordinance No. 089, 2018, Approving the Addition of Permitted Use Associated with the Century Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan #170017. OR B. Public Hearing and First Reading of Ordinance No. 090, 2018, Denying the Addition of Permitted Use Associated with the Century Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan #170017. The purpose of this item is to decide whether to approve, approve with conditions, or deny the Century Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with PDP170017. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low Density Residential (RL) zone district. Wireless telecommunication facilities are not a permitted use in the RL. PDP170017 proposes a 55-foot tall wireless telecommunications facility disguised as a bell tower at 620 West Horsetooth Road. STAFF RECOMMENDATION Staff recommends approval of Century Wireless Telecommunications Facility Addition of Permitted Use, PDP170017. BACKGROUND / DISCUSSION PDP170017 proposes the installation of a 55-foot tall wireless telecommunications facility at 620 West Horsetooth Road. The applicant proposes to disguise the facility as a bell tower. 620 West Horsetooth Road is a 5.12-acre property containing the Southside Baptist Church. Single-family detached homes border the property to the north, west, and east. Horsetooth Road runs along the south side of the parcel. Wireless telecommunications facilities are not an allowed use in the zone in which this project is located. Ordinance No. 080, 2015, amended the Land Use Code to require City Council approval for Addition of Permitted Use applications in eight residential zone districts. One of the zone districts in this list is the Low Density Residential zone district. ATTACHMENT 1 4.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6977 : SR 089 APU Century Wireless) Agenda Item 10 Item # 10 Page 2 Regulations from the Federal Communications Commission (FCC) also apply to wireless telecommunication facility applications. The Wireless Telecommunications Act of 1996 contains regulations that limit how municipalities can regulate wireless telecommunication facilities. Cities may not ban wireless telecommunication facilities or zone their city in such a way to de facto ban wireless telecommunication facilities. Cities also may not deny applications for wireless telecommunication facilities based on health impacts. The area between College Avenue and Shields Street along Horsetooth Road contains few parcels that have zoning that allow wireless telecommunications facilities. The applicant has been unable to obtain a lease with property owners for land zoned to allow a telecommunications facility. Historically, staff has not invoked section 3.5.1 of the Land Use Code dealing with architectural compatibility for wireless telecommunication facilities. Building is a defined term in the Land Use Code. The definition of a building is as follows: Building shall mean any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics: (1) is permanently affixed to the land; (2) has one (1) or more floors and a roof; and (3) is bounded by either open space or the lot lines of a lot. The proposed wireless telecommunications facility does not have a roof and does not provide shelter. Section 3.5.1, therefore, does not apply since the wireless telecommunications facility does not meet the definition of a building. Section 3.8.13(C)(15) requires stealth technology for all wireless facilities and equipment. This addresses compatibility issues by requiring wireless projects to blend into their surroundings. Compliance with APU Criteria In order to grant an APU, the proposal must meet a set of criteria outlined in Section 1.3.4(C)(1) of the Land Use Code. The project complies with these criteria as follows: A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added Wireless telecommunications equipment is a use allowed in all zones. Wireless telecommunications equipment is defined as, “… equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication service facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose,” per the definitions found in Article 5 of the Land Use Code. What this implies is that equipment that facilitates improved wireless connectivity is allowed citywide. The difference between wireless telecommunications equipment and a facility is that the facility is a freestanding structure for the sole purpose of providing wireless connectivity. The difference between the two uses is design, not function. As such, the proposed use is appropriate in the RL zone. B. Section 1.3.4 (C)(1)(b) - Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added Per Section 4.4(A) of the Land Use Code, the purpose of the RL zone is, “…for predominately single-family residential areas located throughout the City which were existing at the time of adoption of this Code.” As established in the previous section, wireless telecommunications equipment is an allowed use in the RL zone. This means uses allowing for improved wireless connectivity are not inherently in conflict with the other uses allowed in the zone. The purpose statement of the zone district indicates that it encompasses predominately single-family residential areas developed prior to City Plan and the Land Use Code. Since wireless telecommunications uses are accessory to principle uses and provide a needed service for residents of a neighborhood, a wireless telecommunications facility conforms to the basic characteristics of the RL zone so long as the facility is designed in harmony with the existing neighborhoods surrounding the site. 4.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6977 : SR 089 APU Century Wireless) Agenda Item 10 Item # 10 Page 3 C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties The applicant proposes this facility in this location due to the need for cell phone coverage in this portion of the City. Per the propagation maps supplied by the applicant, cell phone coverage is poor in this area of Fort Collins. Two websites dedicated to providing crowd sourced cell coverage maps, Open Signal and Sensorly, back up this claim (attachment 4). The Wireless Telecommunications Act of 1996 requires municipalities to permit cell towers. Municipalities may determine where in the community these towers are located but may not de facto ban cell towers through zoning (attachment 5). Atlas Towers submitted a narrative describing their attempts to locate on parcels with more appropriate zoning to fill the coverage gap in this area. Atlas identified 19 areas in which to secure a lease within their search ring. Most of the properties in the applicant’s search ring have RL, Urban Estate (UE), Low Density Mixed-Use Neighborhood (LMN), or Medium Density Mixed-Use Neighborhood (MMN) zoning. None of these zone districts allows wireless telecommunications facilities. Seven parcels within the search ring have Neighborhood Commercial (NC) zoning, which does allow wireless telecommunications facilities. Atlas Tower described their attempts in securing a lease on these NC-zoned properties in their project narrative. There is also only one co- location possibility in this area. Crown Castle owns a tower located at the southeast corner of Horsetooth Road and Shields Street. This tower does not have capacity for an additional carrier. Given the remaining parcels in the search ring, only two are located on large lots that could accommodate a wireless telecommunications facility: Southside Baptist Church and the LMN parcel owned by Jack Worthington. The Worthingtons were not interested in a lease. This leaves the Southside Baptist Church as the only appropriately-sized property willing to accommodate a cell tower lease in this area. Staff finds Atlas made a bona fide attempt to secure a lease with properties located in the NC zone and could not secure a lease. Land Use Code Section 3.8.13(C)(2) and 3.8.13(C)(15) require wireless telecommunications facilities to fit into the context surrounding the site and to also use stealth technology to hide the facility to the extent reasonably feasible. Southside Baptist Church is a single-story building with a steeple on the east end of the building. The building is 20-feet tall at its highest point excluding the steeple. The steeple is approximately 20-feet tall, rising to 40 feet. Section 3.8.13(C)(15) indicates bell towers are an appropriate method of meeting the stealth technology requirement. Per the APU criteria, the method of stealth technology must also harmonize with the surrounding context. The context around the church is one of an established residential area. Subdivisions predominated by single- family detached homes surround the church on all sides. Most structures in the vicinity are one-story with some two-story apartment, condominium, and commercial buildings east and west of the site. These structures are all modestly scaled and fit the predominantly residential character of the area. Atlas Tower proposes to locate the bell tower immediately adjacent to the church on the east side. This location is near the center of the site along the east-west axis and towards the south end of the site. Horsetooth Road runs along the south property line of the site. By locating the tower in the southern half of the site, the proposed tower has less of an impact on homes abutting the site on the north. A central location on the east-west axis minimizes impacts on properties abutting the site on the east and west. Staff finds the location of the proposed tower on the site is appropriate and minimally impacts neighboring properties. Church buildings are commonly amongst the tallest and largest structures within neighborhoods. Bell towers and steeples often accompany church structures and add to their height. The table below contains the height of various churches located in residential zones throughout the City along with the heights of their associated steeples or bell towers. Name of Church Address Zone District Building Height Faith Church 3920 S Shields St. MMN 48’ (85’ including cross) Calvary Baptist 2420 Laporte Ave. LMN 32’ (78’-6” to top of 4.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6977 : SR 089 APU Century Wireless) Agenda Item 10 Item # 10 Page 4 steeple, 50’ bell tower) Westminster Presbyterian 1709 W Elizabeth St. RL 13’-8” (approx. 40’ to top of steeple) First United Methodist 1005 Stover St. Neighborhood Conservation - Low Density (NCL) 47’ (62’ to top of bell tower roof, 81’ to top of cross) The Bridge Church 833 S Taft Hill Rd. MMN Approximately 30’ (approx. 60’ to top of steeple) Southside Baptist 620 W Horsetooth Rd. RL 20’ (55’ bell tower) The size and scale of the churches noted in the table vary but generally have bell towers or steeples of a similar height to the bell tower proposed at Southside Baptist Church. Southside Baptist, however, is a shorter building compared to these other churches. The proposed tower is also bulkier than the aforementioned bell towers and steeples. This combination of factors creates the perception of a larger structure. When considering all of the above issues, staff finds the proposed tower is compatible with the surrounding neighborhoods in a way that is similar to other churches with tall bell towers and steeples. While the proposed tower is bulkier than many other bell towers and steeples in the community, the proposed tower is also shorter than other bell towers and steeples. As stated earlier, Section 3.8.13(C)(15) states bell towers are an appropriate way to meet the stealth technology requirement. Bell towers are common on church properties so the design is appropriate. The applicant has also proposed a location on the site to minimize the impact of this tower on abutting properties. This proposed tower will also not impact the use of adjacent properties. For these reasons, staff finds the proposal meets Criterion C. D. Section 1.3.4(C)(1)(d) - Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added Cell towers do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area The predominant character of the surrounding area is that of an established, residential neighborhood. Just as the bell towers and steeples on churches in other parts of the community do not define the character of their neighborhoods, nor shall the proposed bell tower define the character of this neighborhood. F. Section 1.3.4(C)(1)(f) - Such use is compatible with the other listed permitted uses in the zone district to which it is added As established for Criterion A, wireless telecommunications equipment is an allowed use. This means the design of a wireless telecommunications facility is the principal consideration for establishing compatibility with the surrounding neighborhood. As discussed for Criterion C, staff finds the proposed bell tower achieves compatibility with the zone district through its location on the site and design. G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood, shall 4.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6977 : SR 089 APU Century Wireless) Agenda Item 10 Item # 10 Page 5 be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on March 23, 2017, prior to submittal of a development application. Staff convened a second neighborhood meeting on January 31, 2018, after the first round of staff review. The following section of this staff report contains an overview of these neighborhood meetings. H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code The proposed use is a Wireless Telecommunications Facility, which satisfies this criterion. In addition to these criteria, Section 1.3.4(C)(3)(c) also requires Addition of Permitted Use applications to not be detrimental to the public good, comply with the standards in Section 3.5.1, and not be specifically listed as a prohibited use in the zone district. The proposed wireless telecommunications facility is not detrimental to the public good. As mentioned earlier, Section 3.5.1 applies to buildings. Wireless telecommunications facilities do meet the definition of a building and so this standard is not applicable. The RL zone district does not have any uses that are expressly forbidden, so this application also meets this standard. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, Planning and Zoning Board meeting, the Board voted 4-1 to recommend approval of the application with a condition limiting the overall height of the structure to 45 feet. The Board found the application would meet the APU criteria in Land Use Code Section 1.3.4(C)(1) if the proposed tower were reduced in height to 45 feet. PUBLIC OUTREACH Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal of a formal development application with the City and one must be held after the first round of staff review. In compliance with this code section, the applicant held the first neighborhood meeting on March 23, 2017, at Southside Baptist Church. Thirty-seven neighbors attended the meeting. After this meeting, the applicant submitted their development application with the City on May 9, 2017. The applicant held the second neighborhood meeting on January 31, 2018. Twelve neighbors attended this meeting. Neighbors raised the following issues at these meetings:  Concern about negative health effects due to radio frequency emissions  The proposed design is too bulky and out of scale with the neighborhood o Preference for a more tapered, artistic design  Preference for a different location in a non-residential area ATTACHMENTS 1. Staff report and attachments provided to the Planning & Zoning Board, May 17, 2018 (PDF) 2. Verbatim transcript of Planning & Zoning Board hearing for Century (PDF) 3. Letters received prior to June 20, 2018 (PDF) 4. Powerpoint presentation (PDF) 4.1 Packet Pg. 44 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6977 : SR 089 APU Century Wireless) -1- ORDINANCE NO. 089, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE ADDITION OF PERMITTED USE ASSOCIATED WITH THE CENTURY WIRELESS TELECOMMUNICATIONS FACILITY PROJECT DEVELOPMENT PLAN #170017 WHEREAS, Project Development Plan #170017 (“PDP#170017”) proposes the placement of a wireless telecommunications facility in the Low Density Residential zone district (“R-L zone”) on the parcel located at 620 West Horsetooth Road, parcel number 9726379901 (the “Parcel”); and WHEREAS, wireless telecommunications facilities are not an allowed use in the R-L zone; and WHEREAS, a request pursuant to Land Use Code (“LUC”) Section 1.3.4(C)(3), Addition of Permitted Use, has been made in conjunction with PDP#170017 for the addition of wireless telecommunications facilities as an allowed use on the Parcel (the “APU”); and WHEREAS, pursuant to LUC Section 1.3.4(C)(3), the Planning and Zoning Board (“P&Z”) shall make a recommendation to Council regarding the APU, Council shall be the decision maker on the APU by ordinance, and P&Z shall be the decision maker on the primary application, PDP#170017; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), and in satisfaction of such requirement, two neighborhood meetings were held regarding the APU with the first meeting held prior to the submittal of the development application on March 23, 2017, and the second meeting held after submittal of the development application and completion of the first round of staff review on January 31, 2018; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(h), and in satisfaction of such requirement, the proposed use is not a medical marijuana business as defined in City Code Section 15-452 or a retail marijuana establishment as defined in City Code Section 15-603; and WHEREAS, pursuant to LUC Section 1.3.4(C)(3)(c) regarding the requirement that the proposed use of telecommunications facilities is specifically prohibited in the R-L zone, and in satisfaction of such requirement, wireless cell facilities are not specifically listed as a prohibited use in the R-L zone; and WHEREAS, at its May 17, 2018, regular meeting, P&Z held a hearing on the APU and recommended to Council by a vote of 4 to 1 that Council approve the APU with a condition limiting the proposed wireless telecommunications facility to a maximum 45-foot height; and WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further described below, that must be satisfied for Council to approve the APU. 4.2 Packet Pg. 45 Attachment: Ordinance No. 089, 2018 (6977 : SR 089 APU Century Wireless) -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council, after holding a public hearing on July 3, 2018, at which members of the public, the APU applicant, and City staff provided evidence and argument, and after considering the P&Z recommendation on the APU and the record of the P&Z hearing, hereby approves the requested APU to add wireless telecommunication facilities as a use specifically limited to the Parcel located in the R-L zone. Section 3. That the Council, based on the evidence and information which was provided and presented to the Council at the hearing in this matter, makes the following findings of fact and conclusions of law: (1) The APU satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows: (a) Such use is appropriate in the R-L zone. (b) Such use conforms to the basic characteristics of the R-L zone and the other permitted uses in the R-L zone. (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. (d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the R-L zone. (e) Such use will not change the predominant character of the surrounding area. (f) Such use is compatible with the other listed permitted uses in the R-L zone. (g) The LUC requirement for two neighborhood meetings regarding the APU was fulfilled with the first meeting held prior to the submittal of the development application on March 23, 2017, and the second meeting held after submittal of the development application and completion of the first round of staff review on January 31, 2018. (h) Such use is not a medical marijuana business as defined in City Code Section 15- 452 or a retail marijuana establishment as defined in City Code Section 15-603. 4.2 Packet Pg. 46 Attachment: Ordinance No. 089, 2018 (6977 : SR 089 APU Century Wireless) -3- (2) The APU is not detrimental to the public good; (3) The APU complies with the applicable requirements and criteria contained in LUC Section 3.5.1; and (4) The APU is not specifically listed as a "prohibited use" in the R-L zone. Section 4. That the Council’s approval of the APU in this Ordinance is based upon the development proposal described in PDP#170017 and the associated APU request, the testimony and evidence presented at the July 3, 2018, APU hearing, and the P&Z recommendation and hearing record. Unless otherwise specified as a condition of approval of the APU, any changes to the use or to its location, size, and design, in a manner that changes the predominant character of or increases the negative impact upon the surrounding area, will require the approval of a new addition of permitted use under the LUC. Introduced, considered favorably on first reading, and ordered published this 3rd day of July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 47 Attachment: Ordinance No. 089, 2018 (6977 : SR 089 APU Century Wireless) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Items Relating to Planned Unit Development (PUD) Regulations. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 091, 2018, Amending Articles 1, 2, 4, and 5 of the Land Use Code Regarding Planned Unit Development Overlay Regulations. B. Second Reading of Ordinance No. 092, 2018, Making Policy Revisions to the Larimer County Urban Area Street Standards. These Ordinances, unanimously adopted on First Reading on July 3, 2018, create an optional Planned Unit Development (PUD) process and regulations within the Land Use Code applicable to parcels 50 acres or greater in size being developed in multiple phases. Under Ordinance No. 091, 2018, a PUD overlay designation would be applied to the City’s zoning map at the time a PUD Master Plan is approved. The PUD Master Plan provides an overall vision for the long-term development, including the project phasing, and the elements for which the applicant has requested entitlement to long-term vested rights of the uses, densities, modifications to land use design standards, and variances to engineering standards. Each development phase is subject to the Project Development Plan (PDP) process. In response to Council discussion on First Reading, staff has reviewed the language describing the purposes of the PUD Overlay process, and the word “significantly” has been added to more fully capture the intent of the language regarding public benefits required. This change appears on page 14 of Ordinance No. 091, 2018. Additionally, the amendment to the Larimer County Urban Area Street Standards in Ordinance No. 092, 2018, as applicable to the City of Fort Collins, was narrowed to allow the consideration of variances related to applications for Planned Unit Development Overlays or Project Development Plans and Final Plans within Planned Unit Development Overlays. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. BACKGROUND / DISCUSSION The Ordinances have been amended to respond to Council concerns raised during First Reading. To clarify the expectations of PUD submittals, the word "significant" has been added to further describe the degree of public benefit that a development must provide. Ordinance No. 092, 2018, was also amended to include text clarifying that engineering variances may be approved through a PUD Master Plan and extended through implementing Project Development Plans (PDP's) and associated final plans, and that this “blanket” variance process is not eligible for PDP's reviewed outside the PUD process. 5 Packet Pg. 48 Agenda Item 5 Item # 5 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (PDF) 5 Packet Pg. 49 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 3, 2018 City Council STAFF Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Items Relating to Planned Unit Development (PUD) Regulations. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 091, 2018, Amending Articles 1, 2, 4, and 5 of the Land Use Code Regarding Planned Unit Development Overlay Regulations. B. First Reading of Ordinance No. 092, 2018, Making Policy Revisions to the Larimer County Urban Area Street Standards. The purpose of this item is to create an optional Planned Unit Development (PUD) process and regulations within the Land Use Code applicable to parcels 50 acres or greater in size being developed in multiple phases. Under the Ordinance, a PUD overlay designation would be applied to the City’s zoning map at the time a PUD Master Plan is approved. The PUD Master Plan provides an overall vision for the long-term development, including the project phasing, and the elements for which the applicant has requested entitlement to long-term vested rights of the uses, densities, modifications to land use design standards, and variances to engineering standards. Each development phase is subject to the Project Development Plan (PDP) process. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Goals of the PUD Land Use Code Changes Staff initiated the creation of a PUD Overlay with the following goals: 1. Add flexibility in site design not available in traditional procedures in return for the provision of significant public benefits 2. Allow for land use flexibility beyond the underlying zone district use restrictions 3. Ability for extending vested property rights to land use and density, and modifications to development standards 4. Promote innovative, high-quality community design 5. Forward adopted City plans, policies and standards 6. Address the unique challenges with large developments constructed in phases ATTACHMENT 1 5.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6978 : SR 091 092 PUD Regulations) Agenda Item 11 Item # 11 Page 2 Summary of Proposed Changes The following Land Use Code changes are proposed. LUC Section Current Code Proposed Change 1.3.1 - Establishment of Zone Districts Establishes zone districts Adds Planned Unit Development (PUD) Overlay. 1.3.4 - Addition of Permitted Uses Describes the purpose of the Addition of Permitted use process Provides that an APU process may be used to add uses to the zone district underlying the PUD Overlay. 1.4.9 - Rules of Construction for Text Describes Rules of Construction in the Land Use Code Strikes reference to the Planned Development Overlay District (PDOD). 2.1.1-Decisionmaker and Administrative Review Bodies Identifies the decisionmaker for development applications Cites the Planning and Zoning Board as the review body for PUD’s 640 acres or less, and the City Council for all PUD’s greater than 640 acres. 2.1.2 - Overview of Development Procedures Establishes the development review procedures for different types of development applications Adds PUD Overlay as a development application type. 2.1.3 - Types of Development Applications Describes the range of development application types. Provides that a PUD Master Plan and PUD Overlay may be substituted for the Overall Development Plan (ODP) process. 2.1.6- Pre- Application Review Provides an Optional City Council Pre-Application review for complex projects. Specifies that potential PUD applicants are afforded the right to an optional Pre-Application PUD Overlay Proposal Review with the Planning and Zoning Board (50-640 acres) or City Council (>640 acres). Agenda Item 11 Item # 11 Page 3 LUC Section Current Code Proposed Change 5.1.2 - Definitions Adds definitions for Planned Unit Development (PUD) Overlay and Planned Unit Development (PUD) Master Plan and clarifies that a PUD overlay may be granted approval for a use not permitted in the underlying zone district and that a PUD Master Plan is considered a site-specific development plan. *LCUASS Chapter 1, Section 1.9.4.A.a will be amended in a separate action that allows LCUASS variances to be processed in connection with a PUD Master Plan. Background Planned Unit Development (PUD) As proposed, the term Planned Unit Development (PUD) Overlay is used to describe a type of development and the regulatory process that permits a developer to meet overall land use policies without being bound by all the underlying use requirements within the Land Use Code and makes a provision for modifying design and engineering standards. A PUD Overlay designation would be applied to the City’s zoning map at the time a PUD Master Plan is approved. Potential benefits of the PUD overlay may include more efficient site design, preservation of amenities such as open space, innovative community planning and site design solutions, higher level of design, engineering and construction and other community goals, while protecting long-term property rights for larger properties being constructed over multiple phases and long-time periods. PUD Zone District vs. Overlay When evaluating the potential zoning structure within the PUD ordinance, two options were considered: a PUD overlay that supplements the existing underlying zoning and, alternatively, the adoption of a PUD zone district that contains its own set of regulations and displaces the underlying zone. Given the pros and cons of each approach, staff is proposing the former option. Under the proposed PUD Overlay, the effect of such designation is that the regulations for land use, density and design in the underlying zone district still apply to the PUD unless expressly modified during the Master Plan process. PUD Master Plan as the Regulating Document The PUD ordinance requires that developers first create a PUD Master Plan that provides greater detail than the “bubble diagrammatic” scale found in the City’s existing Overall Development Plan (ODP) process. The Master Plan must have sufficient detail to serve as the overall guiding vision for the long-term development. At this Master Plan level, applicants must provide specific requests for elements that will receive entitlement to long- term vested rights of the uses, densities, modifications to land use design standards, and variances to engineering standards. The PUD Master Plan does not expire, but can be terminated or amended through processes specified in the Land Use Code. Major components of a PUD Master Plan application include the following:  list of uses, densities, and development standards to be added, modified, and/or vested  overall site plan indicating the intensity and general configuration of the proposed uses  transportation system, including vehicular, transit, bicycle and pedestrian circulation  location of open space, natural habitat and features, floodways and other areas designated for preservation  architectural concept plan including renderings, photographs, illustrations and supporting text describing architectural design intent  phasing plan including a projected timeframe for each phase  list of use and design standards applicable to the PUD Master Plan The decisionmaker for the PUD Master Plan action is dictated by the size of the development. For parcels larger than 640 acres, the City Council makes the decision whether to approve the Master Plan, while parcels of a 5.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6978 : SR 091 092 PUD Regulations) Agenda Item 11 Item # 11 Page 4 lesser size are subject to Planning and Zoning Board review. The 640-acre threshold for City Council review is consistent with the existing ‘legislative’ zoning or rezoning process per Section 2.9.4(H)(1). Master Plan Followed by Project Development Plans (PDPs) After the PUD Master Plan has been approved, each subsequent phase would be reviewed under the existing Project Development Plan (PDP) and Final Plan processes. PDP applications would be evaluated for consistency and substantial conformance with the PUD Master Plan. In cases where land uses, densities, and modifications to Article 3 design standards and engineering standards, such as the Larimer County Urban Area Street Standards (LCUASS), have been approved as part of the PUD Master Plan, such granted modifications/variances would apply to the PDP approval and no additional modifications or variances may be necessary. Minimum Size Threshold for PUDs Under the proposed ordinance, parcels must be a minimum of 50 acres in size to qualify for a PUD Overlay, with the intention that this shift in regulations only apply to larger, multi-phased development. Based on staff’s parcel analysis, a total of 24 properties would be eligible although additional contiguous properties could be conceivably consolidated under one application to reach the minimum size threshold. Parcels of 50 acres or more are concentrated in the Mountain Vista Subarea, in the east and southeast areas of the community, and south of East Prospect Road, with one lone parcel north of Highway 287, west of Shields Street. Neighborhood Meeting Requirements Development procedures for the PUD process match the 12 common development review steps identified in Article 2, ranging from the initial pre-application meeting (conceptual or preliminary design review) through the appeal process except for the neighborhood meeting step. This noteworthy procedural difference includes a mandatory 2nd neighborhood meeting that matches requirements for the Addition of Permitted Use (APU) process. Under the proposed ordinance, applicants would be required to conduct two neighborhood meetings: the first meeting held prior to the application submittal, and then a follow-up neighborhood meeting after the initial round of development review has been completed. This second meeting affords potentially affected property owners the ability to comment on revised development concepts early enough in the process to positively contribute to the project’s design. 5.1 Packet Pg. 53 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6978 : SR 091 092 PUD Regulations) Agenda Item 11 Item # 11 Page 5 Review of Public Benefits Since its virtually impossible to anticipate and quantify the range of all impacts associated with a PUD development application, staff has been hesitant to propose specific PUD performance metrics, e.g., a “points system”. Alternatively, the proposed draft PUD ordinance includes specific objectives that test the project’s public benefits against more conventional development. The decisionmaker would use the following objectives as the basis of its action on a PUD Master Plan: 1. The project must provide public benefits greater than those typically achieved through the application of a standard zone district, including one or more of the following as may be applicable: a) Diversification in the use of land; b) Innovation in development; c) More efficient use of land and energy; d) Public amenities commensurate with the scope of the development; e) Furtherance of the City’s adopted plans and policies; and f) Development patterns consistent with the principles and policies of the City’s Comprehensive Plan and adopted plans and policies. 2. Ensure high-quality urban design and environmentally-sensitive development that takes advantage of site characteristics. 3. Promote cooperative planning and development among real property owners within a large area. 4. Protect land uses and neighborhoods adjacent to a PUD Overlay from negative impacts. CITY FINANCIAL IMPACTS None BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board considered the draft PUD ordinance at its May 31, 2018, hearing which included a 20-acre minimum lot size, and elected to continue the item to the June 21 hearing, where it recommended unanimous (6-0, Rollins recused) approval of the draft ordinance subject to a revision to the Ordinance that provides no minimum acreage threshold for PUD applications. PUBLIC OUTREACH Feedback was gathered on the proposed Code changes through direct correspondence with members of the Fort Collins development community. Multiple comments were received, some by email and telephone, and two were through written summaries (Attachment 3). Concerns raised during the public process principally centered on three categories: 1. The minimum parcel size threshold 2. Lack of definition of “significant public benefit” 3. Term of vested property rights With respect to the parcel size, all but one of the commenters voiced opposition to the 50-acre minimum parcel threshold and requested that a lesser minimum be considered. Suggested alternative size thresholds varied from no minimum size to 25 acres and to several points in between. The common concern was that the community’s supply of parcels meeting the threshold is so small that few can take advantage of the flexibility afforded through the PUD process. 5.1 Packet Pg. 54 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6978 : SR 091 092 PUD Regulations) Agenda Item 11 Item # 11 Page 6 An underlying principle of the PUD ordinance is a balance between granted regulatory flexibility and amenities with improvements that benefit the public. Some commenters have stated that the “significant public benefit” criterion is too broad and should either be more narrowly defined or eliminated in its entirety. The proposed term of vested property rights for PUD Master Plans has been drafted to be consistent with rights granted under other entitlement processes. The draft standards provide for a three-year initial vesting period, with two additional one-year extensions granted by the Director, and with additional one-year extensions available through action of the original decisionmaker (City Council or Planning and Zoning Board depending upon the project scale). An initial vesting period longer than three years may be obtained if certain requirements are met including Council legislatively adopting a development agreement regarding the extended vesting. Concern has been raised by some that the vesting period should be lengthened given the scale and complexity often found in PUD’s. City Council provided direction to staff at its June 19, 2018, Work Session. Council expressed general support for the overall PUD concept, but not the previously proposed 20-acre minimum parcel size threshold since the community outreach effort has not extended to potentially affected existing neighborhoods which are more likely to be located near smaller development sites. Council further requested that additional community be provided if a smaller parcel size minimum is considered in the future. The minimum parcel size has been changed from 20 to 50 acres based upon the Work Session feedback. ATTACHMENTS 1. Buildable Land for PUDs (PDF) 2. Public Comments (PDF) 3. Planning and Zoning Board minutes, May 31, 2018 (PDF) 4. Planning and Zoning Board minutes, June 21, 2018 (draft) (PDF) 5. Work Session Summary, June 19, 2018 (PDF) 6. Powerpoint presentation (PDF) 5.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6978 : SR 091 092 PUD Regulations) -1- ORDINANCE NO. 091, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLES 1, 2, 4, AND 5 OF THE LAND USE CODE REGARDING PLANNED UNIT DEVELOPMENT OVERLAY REGULATIONS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, the purpose of the Planned Unit Development Overlay regulations is to provide an avenue for property owners with large and complex development projects to achieve flexibility in site design through customized uses, densities, and Land Use and non-Land Use Code development standards in return for significant public benefits not available through existing development procedures; and WHEREAS, the Planned Unit Development Overlay regulations are adopted pursuant to the City’s home rule powers and Title 24, Article 67, Colorado Revised Statutes; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1.4.9(M) of the Land Use Code is hereby deleted in its entirety. 1.4.9 - Rules of Construction for Text . . . Section 3. That Section 2.1.1 of the Land Use Code is hereby amended to read as follows: Packet Pg. 56 -2- 2.1.1 - Decision Maker and Administrative Bodies The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community Planning and Environmental Services Director (the "Director") are frequently referenced in this Land Use Code. Reference should be made to Chapter 2 of the City Code for descriptions of these and other decision makers and administrative bodies, and their powers, duties, membership qualifications and related matters. The Director or the Planning and Zoning Board will consider, review and decide all development applications for permitted uses (overall development plans, PUD Overlays 640 acres or less, basic development review plans, project development plans and final plans) according to the provisions of this Land Use Code. For those development applications subject to basic development review, the Director (or the Director's subordinate) is the designated decision maker. For those development applications subject to administrative review (sometimes referred to as "Type 1 review"), the Director is the designated decision maker (see Section 2.2.7(A)(1)). For those development applications subject to P&Z review (sometimes referred to as "Type 2 review"), the Planning and Zoning Board is the designated decision maker (see Section 2.2.7(A)(2)). For PUD Overlays greater than 640 acres, the City Council is the designated decision maker after receiving a Planning and Zoning Board recommendation. The permitted use list for a particular zone district and the development review procedure "steps" for a particular development application identifies which review, Type 1 or Type 2, will apply. For building permit applications, the Building and Zoning Director is the decision maker (see Section 2.7.3). (See "Overview of Development Review Procedures," Section 2.1.2, below, for a further description of different levels of review.) Section 4. That Section 2.1.2 of the Land Use Code is hereby amended to read as follows: 2.1.2 - Overview of Development Review Procedures This article establishes the development review procedures for different types of development applications and building permits within the city. (A) Where is the project located? An applicant must first locate the proposed project on the Zoning Map. Once the proposed project has been located, the applicable zone district must be identified from the Zoning Map and legend. Then, by referring to Article 4, District Standards, of this Land Use Code, the applicant will find the district standards which apply to the zone district in which the proposed project is located. The city's staff is available to assist applicants in this regard. (B) What uses are proposed? Next, an applicant must identify which uses will be included in the proposed project. If all of the applicant's proposed uses are listed as permitted uses in the applicable zone district for the project, then the applicant is ready to proceed with a development application for a permitted use. If any of the applicant's proposed uses are not listed as permitted uses in the applicable zone district for the project, then the applicant must either eliminate the Packet Pg. 57 -3- nonpermitted uses from his or her proposal, seek the addition of a new permitted use pursuant to Section 1.3.4, seek a text amendment to this Land Use Code or a rezoning amendment to the Zoning Map pursuant to Division 2.9, or seek approval of a PUD Overlay pursuant to Divisions 2.15 and 4.29. Any use not listed as a permitted use in the applicable zone district is deemed a prohibited use in that zone district, unless it has been permitted pursuant to Section 1.3.4 for a particular development application or permitted as part of an approved PUD Overlay. Again, the city's staff will be available to assist applicants with their understanding of the zone districts and permitted uses. (C) Which type of development application should be submitted? To proceed with a development proposal for permitted uses, the applicant must determine what type of development application should be selected and submitted. All development proposals which include only permitted uses must be processed and approved through the following development applications: first through a project development plan (Division 2.4), and then through a final plan (Division 2.5). If the applicant desires to develop in two (2) or more separate project development plan submittals, an overall development plan (Division 2.3) will also be required prior to or concurrently with the project development plan. Overall development plans, PUD Overlays, project development plans and final plans are the four (4) types of development applications for permitted uses. Each successive development application for a development proposal must build upon the previously approved development application by providing additional details (through the development application submittal requirements) and by meeting additional restrictions and standards (contained in the General Development Standards of Article 3 and the District Standards of Article 4). Overall development plans and project development plans may be consolidated into one (1) application for concurrent processing and review when appropriate under the provisions of Section 2.2.3. The purpose, applicability and interrelationship of these types of development applications are discussed further in Section 2.1.3. (D) Who reviews the development application? Once an applicant has determined the type of development application to be submitted, he or she must determine the appropriate level of development review required for the development application. To make this determination, the applicant must refer to the provisions of the applicable zone district in Article 4 and the provisions pertaining to the appropriate development application. These provisions will determine whether the permitted uses and the development application are subject to basic development review, administrative review ("Type 1 review"), Planning and Zoning Board review ("Type 2 review"), or City Council review in the case of PUD Overlays greater than 640 acres. Identification of the required level of development review will, in turn, determine which decision maker, the Director in the case of administrative review ("Type 1 review"), or the Planning and Zoning Board in the case of Planning and Zoning Board review ("Type 2 review"), or the City Council for PUD Overlays greater than 640 acres, will review and make the final decision on the development application. When a development application contains both Type 1 and Type 2 uses, it will be processed as a Type 2 review. Packet Pg. 58 -4- (E) How will the development application be processed? The review of overall development plans, PUD Overlays, project development plans and final plans will each generally follow the same procedural "steps" regardless of the level of review (administrative review or Planning and Zoning Board review). The common development review procedures contained in Division 2.2 establish a twelve-step process equally applicable to all overall development plans, project development plans and final plans. The twelve (12) steps of the common development review procedures are the same for each type of development application, whether subject to basic development review, administrative review, Planning and Zoning Board review, or City Council review in the case of PUD Overlays greater than 640 acres unless an exception to the common development review procedures is expressly called for in the particular development application requirements of this Land Use Code. In other words, each overall development plan, each project development plan and each final plan will be subject to the twelve-step common procedure. The twelve (12) steps include: (1) conceptual review; (2) neighborhood meeting; (3) development application submittal; (4) determination of sufficiency; (5) staff report; (6) notice; (7) public hearing; (8) standards; (9) conditions of approval; (10) amendments; (11) lapse; and (12) appeals. However, Step 1, conceptual review, applies only to the initial development application submittal for a development project (i.e., overall development plan or PUD Overlay when required, or project development plan when neither an overall development plan nor a PUD Overlay is required). Subsequent development applications for the same development project are not subject to Step 1, conceptual review. Moreover, Step 2, neighborhood meeting, applies only to certain development applications subject to Planning and Zoning Board and City Council review. Step 2, neighborhood meeting, does not apply to development applications subject to basic development review or administrative review. Step 3, application submittal requirements, applies to all development applications. Applicants shall submit items and documents in accordance with a master list of submittal requirements as established by the City Manager. Overall development plans must comply with only certain identified items on the master list, while PUD Overlays, project development plans, and final plans must include different items from the master list. This master list is intended to assure consistency among submittals by using a "building block" approach, with each successive development application building upon the previous one for that project. City staff is available to discuss the common procedures with the applicant. (F) What if the development proposal doesn't fit into one of the types of development applications discussed above? In addition to the four (4) development applications for permitted uses, the applicant may seek approval for other types of development applications, including development applications for a modification of standards (Division 2.8), an amendment to the text of the Land Use Code and/or the Zoning Map (Division 2.9), a hardship variance (Division Packet Pg. 59 -5- 2.10), an appeal of an administrative decision (Division 2.11) or other requests. These other types of development applications will be reviewed according to applicable steps in the common development review procedures. (G) Is a building permit required? The next step after approval of a final plan is to apply for a Building Permit. Most construction requires a Building Permit. This is a distinct and separate process from a development application. The twelve (12) steps of the common development review procedures must be followed for the Building Permit process. Procedures and requirements for submitting a Building Permit application are described in Division 2.7. (H) Is it permissible to talk with decision makers "off the record" about a development plan prior to the decision makers' formal review of the application? No. Development plans must be reviewed and approved in accordance with the provisions of this Land Use Code and the City's decision whether to approve or deny an application must be based on the criteria established herein and on the information provided at the hearings held on the application. In order to afford all persons who may be affected by the review and approval of a development plan an opportunity to respond to the information upon which decisions regarding the plan will be made, and in order to preserve the impartiality of the decision makers, decision makers who intend to participate in the decisions should avoid communications with the applicant or other members of the public about the plan prior to the hearings in which they intend to participate. Section 5. That Section 2.1.3 of the Land Use Code is hereby amended to read as follows: 2.1.3 - Types of Development Applications (A) Applicability. All development proposals which include only permitted uses must be processed and approved through the following development applications: a basic development review; or through a project development plan (Division 2.4), then through a final plan (Division 2.5), then through a development construction permit (Division 2.6) and then through a building permit review (Division 2.7). If the applicant desires to develop in two (2) or more separate project development plan submittals, an overall development plan (Division 2.3) will also be required prior to or concurrently with the project development plan. A PUD Master Plan associated with a PUD Overlay may be substituted for an overall development plan (Divisions 2.15 and 4.29). Each successive development application for a development proposal must build upon the previously approved development application by providing additional details (through the development application submittal requirements) and by meeting additional restrictions and standards (contained in the General Development Standards of Article 3 and the District Standards of Article 4). Permitted uses subject to administrative review or permitted uses subject to Planning and Zoning Board review listed in the applicable zone district set forth Packet Pg. 60 -6- in Article 4, District Standards, shall be processed through an overall development plan, a project development plan or a final plan. If any use not listed as a permitted use in the applicable zone district is included in a development application, it may also be processed as an overall development plan, project development plan or final plan, if such proposed use has been approved, or is concurrently submitted for approval, in accordance with the requirements for an amendment to the text of this Land Use Code and/or the Zoning Map, Division 2.9, or in accordance with the requirements for the addition of a permitted use under Section 1.3.4. Development applications for permitted uses which seek to modify any standards contained in the General Development Standards in Article 3, or the District Standards in Article 4, shall be submitted by the applicant and processed as a modification of standards under Division 2.8. Hardship variances to standards contained in Article 3, General Development Standards, or Article 4, District Standards, shall be processed as hardship variances by the Zoning Board of Appeals pursuant to Division 2.10. Appeals of administrative/staff decisions shall be according to Division 2.11. PUD overlays shall be processed pursuant to Divisions 2.15, 4.29. . . . (F) PUD Overlay. (1) Purpose and Effect. The purpose of the PUD Overlay is to provide an avenue for property owners with larger and more complex development projects to achieve flexibility in site design by means of customized uses, densities, and Land Use Code and non-Land Use Code development standards. In return for such flexibility, significant public benefits not available through traditional development procedures must be provided by the development. A PUD Master Plan is the written document associated with a PUD Overlay and the PUD Master Plan sets forth the general development plan and the customized uses, densities, and Land Use Code and non-Land Use Code development standards. An approved PUD Overlay overlays the PUD Master Plan entitlements and restrictions upon the underlying zone district requirements.\ (2) Applicability. A PUD Overlay is available to properties or collections of contiguous properties fifty (50) acres or greater in size. Refer to Divisions 2.15 and 4.29 for specific requirements and review of PUD Overlays and PUD Master Plans. Section 6. That a new Subsection 2.1.6 is hereby added to Division 2.1 of the Land Use Code and reads in its entirety as follows: 2.1.6 Optional Pre-Application Review (A) Optional City Council Pre-Application Review of Complex Development Proposals: Packet Pg. 61 -7- A potential applicant for development other than a PUD Overlay may request that the City Council conduct a hearing for the purpose of receiving preliminary comments from the City Council regarding the overall proposal in order to assist the proposed applicant in determining whether to file a development application or annexation petition. Only one (1) pre-application hearing pursuant to this Subsection (A) may be requested. The following criteria must be satisfied for such a hearing to be held: (a) The proposed development cannot have begun any step of the Common Development Review Procedures for Development Applications set forth in Article 2, Division 2.2. (b) The proposed application for approval of a development plan must require City Council approval of an annexation petition, an amendment to the City's Comprehensive Plan, or some other kind of formal action by the City Council, other than a possible appeal under this Land Use Code (c) The City Manager must determine in writing that the proposed development will have a community-wide impact. (B) Optional Pre-Application PUD Overlay Proposal Review: This optional review is available to potential PUD applicants that have not begun any step of the Common Development Review Procedures for Development Applications set forth in Article 2, Division 2.2. Such review is intended to provide an opportunity for applicants to present conceptual information to the Planning and Zoning Board for PUD Overlays between 50 and 640 acres in size, or to City Council for PUD Overlays greater than 640 acres in size, regarding the proposed development including how site constraints will be addressed and issues of controversy or opportunities related to the development. Applicants participating in such review procedure should present specific plans showing how, if at all, they intend to address any issues raised during the initial comments received from staff and affected property owners. In order for a pre-application hearing to be held, the Director must determine in writing that the proposed PUD will have a community-wide impact. Only one (1) pre-application hearing pursuant to this Subsection (B) may be requested. (C) Notice and Hearing Procedure. All preapplication hearings under above Subsections (A) or (B) this provision will be held in accordance with the provisions contained in Steps (6), (7)(B) and (7)(C) of the Common Development Review Procedures, except that the signs required to be posted under Step (6)(B) shall be posted subsequent to the scheduling of the session and not less than fourteen (14) days prior to the date of the hearing. At the time of requesting the hearing, the applicant must advance the Packet Pg. 62 -8- City's estimated costs of providing notice of the hearing. Any amounts paid that exceed actual costs will be refunded to the applicant. (D) Input Non-Binding, Record. The Planning and Zoning Board or City Council as applicable pursuant to above Subsections (A) or (B) may, but shall not be required to, comment on the proposal. Any comment, suggestion, or recommendation made by any Planning and Zoning Board or City Council member with regard to the proposal does not bind or otherwise obligate any City decision maker to any course of conduct or decision pertaining to the proposal. All information related to an optional review shall be considered part of the record of any subsequent development review related to all or part of the property that was the subject of the optional review. Section 7. That Section 2.2.10 of the Land Use Code is hereby amended to read as follows: 2.2.10 - Step 10: Amendments and Changes of Use (A) Minor Amendments and Changes of Use. (1) Minor amendments to any approved development plan, including any Overall Development Plan, Project Development Plan, or PUD Master Plan, any site specific development plan, or the existing condition of a platted property; and (2) Changes of use, either of which meet the applicable criteria of below subsections 2.2.10(A)(1) or 2.2.10(A)(2), may be approved, approved with conditions, or denied administratively by the Director and may be authorized without additional public hearings. With the exception of PUD Master Plans, such minor amendments and changes of use may be authorized by the Director as long as the development plan, as so amended, continues to comply with the standards of this Code to the extent reasonably feasible. PUD Master Plan Minor amendments may be authorized by the Director as long as the PUD Master Plan, as so amended, continues to comply with the standards of this Code, as such standards may have been modified in the existing PUD Master Plan, and so long as the amendments are consistent with the existing PUD Master Plan. Minor amendments and changes of use shall only consist of any or all of the following: . . . (2) Any change to any approved development plan or any site specific development plan which was originally subject to review by the Planning and Zoning Board (either as a Type 2 project or as a project reviewed by the Planning and Zoning Board under prior law) or City Council review of a PUD Overlay, or any change of use of any property that was approved by the Planning and Zoning Board; provided that the change or change of use complies with all of the following criteria applicable to the particular request for change or change of use: Packet Pg. 63 -9- . . . (4) Referral. In either subsection (1) or (2) above, the Director may refer the amendment or change of use to the decision maker who approved the development plan proposed to be amended. The referral of minor amendments to development plans or changes of use allowed or approved under the laws of the City for the development of land prior to the adoption of this Code shall be processed as required for the land use or uses proposed for the amendment or change of use as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located. The referral of minor amendments or changes of use to project development plans or final plans approved under this Code shall be reviewed and processed in the same manner as required for the original development plan for which the amendment or change of use is sought, and, if so referred, the decision maker’s decision shall constitute a final decision, subject only to appeal as provided for development plans under Division 2.3, 2.4, 2.5, or 2.15 as applicable, for the minor amendment or change of use. City Council approval of a minor amendment to a PUD Master Plan shall be by resolution. . . . (B) Major Amendments and Changes of Use Not Meeting the Criteria of 2.2.10(A). (1) Procedure/Criteria. Amendments to any approved development plan, including any Overall Development Plan, Project Development Plan, or PUD Master Plan, or any site specific development plan, and changes of use that are not determined by the Director to be minor amendments or qualifying changes of use under the criteria set forth in subsection (A) above, shall be deemed major amendments. Major amendments to approved development plans or site specific development plans approved under the laws of the City for the development of land prior to the adoption of this Code shall be processed as required for the land use or uses proposed for the amendment as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located, and, to the maximum extent feasible, shall comply with the applicable standards contained in Articles 3 and 4. Major amendments to development plans or site specific development plans approved under this Code shall be reviewed and processed in the same manner as required for the original development plan for which amendment is sought. Any major amendments to an approved project development plan or site specific development plan shall be recorded as amendments in accordance with the procedures established for the filing and recording of such initially approved plan. City Council approval of a major amendment to a PUD Master Plan shall be by resolution. Any partial or total abandonment of a development plan or site specific development plan approved under this Code, or of any plan approved under the laws of the City for the development of land prior to the adoption of this Code, shall be deemed to Packet Pg. 64 -10- be a major amendment, and shall be processed as a Type 2 review; provided, however, that if a new land use is proposed for the property subject to the abandonment, then the abandonment and new use shall be processed as required for the land use or uses proposed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located. . . . Section 8. That Section 2.2.11 of the Land Use Code is hereby amended to read as follows: 2.2.11 - Step 11: Lapse . . . (C) PUD Master Plan. A PUD Master Plan shall be eligible for a vested property right solely with respect to uses, densities, development standards, and Engineering Standards for which variances have been granted pursuant to Section 4.29(L), as all are set forth in an approved PUD Master Plan, and an approved PUD Master Plan shall be considered a site specific development plan solely for the purpose of acquiring such vested property right. (1) Specification of Uses, Densities, Development Standards, and Engineering Standards. The application for a PUD Master Plan shall specify the uses, densities, development standards, and Engineering Standards granted variances pursuant to Section 4.29(L), for which the applicant is requesting a vested property right. Such uses, densities, and development standards may include those granted modifications pursuant to Section 4.29 and uses, densities, and development standards set forth in the Land Use Code which are applicable to the PUD Master Plan. (2) Term of Vested Right. The term of the vested property right shall not exceed three (3) years unless: (a) an extension is granted pursuant to paragraph (3) of this subsection, or (b) the City and the developer enter into a development agreement which vests the property right for a period exceeding three (3) years. Such agreement may be entered into by the City if the Director determines that it will likely take more than three (3) years to complete all phases of the development and the associated engineering improvements for the development, and only if warranted in light of all relevant circumstances, including, but not limited to, the overall size of the development and economic cycles and market conditions. Council shall adopt any such development agreement as a legislative act subject to referendum. (3) Extensions. Extensions for two (2) successive periods of one (1) year each may be granted by the Director, upon a finding that (a) the applicant has been diligently pursuing development pursuant to the PUD Master Plan, Packet Pg. 65 -11- and (b) granting the extension would not be detrimental to the public good. Any additional one-year extensions shall be approved, if at all, only by the original PUD Master Plan decision maker, upon a finding that (a) the applicant has been diligently pursuing development pursuant to the PUD Master Plan, and (b) granting the extension would not be detrimental to the public good. A request for an extension of the term of vested right under this Section must be submitted to the Director in writing at least thirty (30) days prior to the date of expiration. Time is of the essence. The granting of extensions by the Director under this Section may, at the discretion of the Director, be referred to the original PUD Master Plan decision maker. (4) Publication. A "notice of approval" describing the PUD Master Plan and stating that a vested property right has been created or extended, shall be published by the City once in a newspaper of general circulation within the City, not later than fourteen (14) days after the approval of a PUD Master Plan, an extension of an existing vested right, or the legislative adoption of a development agreement as described in paragraph (2) of this subsection. The period of time permitted by law for the exercise of any applicable right of referendum or judicial review shall not begin to run until the date of such publication, whether timely made within said fourteen-day period, or thereafter. (5) Minor and Major Amendments. In the event that a minor or major amendment to a PUD Master Plan is approved under the provisions of Section 2.2.10, and such amendment alters or adds uses, densities, development standards, or Engineering Standards for which variances have been granted pursuant to Section 4.29(L), a new vested property right may be created upon the applicant’s request and pursuant to paragraph 2 of this subsection. If the applicant wants the term of the new vested property right to exceed three (3) years, such extended term must be approved and legislatively adopted pursuant to paragraph 2 of this subsection. (D) Project Development Plan and Plat. Following the approval of a project development plan and upon the expiration of any right of appeal, or upon the final decision of the City Council following appeal, if applicable, the applicant must submit a final plan for all or part of the project development plan within three (3) years unless the project development plan is for a large base industry to be constructed in phases, in which case the application for approval of a final plan must be submitted within twenty-five (25) years. If such approval is not timely obtained, the project development plan (or any portion thereof which has not received final approval) shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing requirement, which extension may not exceed six (6) months in length. No vested rights shall ever attach to a project development plan. The approval of, or completion of work Packet Pg. 66 -12- pursuant to, a final plan for portions of a project development plan shall not create vested rights for those portions of the project development plan which have not received such final plan approval and have not been completed. (E) Final Plan and Plat and Other Site Specific Development Plans. (1) Approval. A site specific development plan shall be deemed approved upon the recording by the City with the Larimer County Clerk and Recorder of both the Final Plat and the Development Agreement and upon such recording, a vested property right shall be created pursuant to the provisions of Article 68 Title 24, C.R.S., and this Section 2.2.11. . . . Section 9. That Section 2.4.2 of the Land Use Code is hereby amended to read as follows: 2.4.2 - Project Development Plan Review Procedures A project development plan shall be processed according to, in compliance with and subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows: . . . (H) Step 8 (Standards): Applicable. A project development plan shall comply with all General Development Standards applicable to the development proposal (Article 3) and the applicable District Standards (Article 4); and, when a project development plan is within the boundaries of an approved overall development plan or PUD Overlay, the project development plan shall be consistent with the overall development plan or PUD Master Plan associated with such PUD Overlay. Only one (1) application for a project development plan for any specific parcel or portion thereof may be pending for approval at any given time. Such application shall also be subject to the provisions for delay set out in Section 2.2.11. . . . Section 10. That Division 2.15 of the Land Use Code is hereby repealed and reenacted to read in its entirety as follows: Division 2.15 - Planned Unit Development Overlay Review Procedure (A) Purpose. To provide an avenue for property owners with larger and more complex development projects to achieve flexibility in site design in return for significant public benefits not available through traditional development procedures. Packet Pg. 67 -13- (B) Applicability. Application for approval of a PUD Overlay is available to properties of 50 acres or greater in size. (C) Process. (1) Step 1 (Conceptual Review/Preliminary Design Review): Applicable. (2) Step 2 (Neighborhood Meeting): Applicable to any proposed PUD Overlay subject to Planning and Zoning Board or City Council review. If a neighborhood meeting is required at the conceptual planning stage pursuant to Section 2.2.2, a second neighborhood meeting shall be required after the PUD Overlay application has been submitted and the first round of staff review completed. (3) Step 3 (Development Application Submittal): All items or documents as described in the development application submittal master list for a PUD Overlay shall be submitted. Notwithstanding, the Director may waive or modify the foregoing submittal requirements if, given the facts and circumstances of the specific application, a particular requirement would either be irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of the application. (4) Step 4 (Review of Application): Applicable. (5) Step 5 (Staff Report): Applicable. (6) Step 6 (Notice): Applicable. (7) Step 7(A) (Decision Maker): Applicable as follows: a. Planning and Zoning Board review (Type 2 review) applies to PUD Overlay applications between 50 and 640 acres; b. City Council is the decision maker for PUD Overlay applications greater than 640 acres after receiving a Planning and Zoning Board recommendation. City Council approval of a PUD Overlay shall be by ordinance. Step 7(B) through (G) (Conduct of a Public Hearing, Order of Proceedings at Public Hearing, Decision and Findings, Notification to Applicant, Record of Proceeding, Recording of Decision): Applicable. (8) Step 8 (Standards): Applicable. Except as modified pursuant to Sections 4.29 (E) and (G), a PUD Master Plan shall be consistent with all applicable General Development Standards (Article 3) and District Standards (Article 4) including Division 4.29. Packet Pg. 68 -14- (9) Step 9 (Conditions of Approval): Applicable. (10) Step 10 (Amendments): Applicable. (11) Step 11 (Lapse): Applicable. (12) Step 12 (Appeals): Applicable. A Planning and Zoning Board decision on a PUD Overlay between 50 and 640 acres is appealable to City Council pursuant to Section 2.2.12(A). Appeals of Project Development Plans within PUD Overlays are subject to the limitations of Section 4.29(J). Section 11. That Section 4.29 of the Land Use Code is hereby repealed and reenacted to read in its entirety as follows: Division 4.29 - Planned Unit Development (PUD) Overlay (A) Purpose. (1) Directs and guides subsequent Project Development Plans and Final Plans for large or complex developments governed by an approved PUD Master Plan. (2) Substitutes a PUD Master Plan for an Overall Development Plan for real property within an approved PUD Overlay. (3) Positions large areas of property for phased development. (4) Encourages innovative community planning and site design to integrate natural systems, energy efficiency, aesthetics, higher design, engineering and construction standards and other community goals by enabling greater flexibility than permitted under the strict application of the Land Use Code, all in furtherance of adopted and applicable City plans, policies, and standards. (5) Allows greater flexibility in the mix and distribution of land uses, densities, and applicable development and zone district standards. (B) Objectives. (1) Encourage conceptual level review of development for large areas. (2) In return for flexibility in site design, development under a PUD Overlay must provide public benefits significantly greater than those typically achieved through the application of a standard zone district, including one or more of the following as may be applicable to a particular PUD Master Plan: (a) Diversification in the use of land; Packet Pg. 69 -15- (b) Innovation in development; (c) More efficient use of land and energy; (d) Public amenities commensurate with the scope of the development; (e) Furtherance of the City’s adopted plans and policies; and (f) Development patterns consistent with the principles and policies of the City’s Comprehensive Plan and adopted plans and policies. (3) Ensure high-quality urban design and environmentally-sensitive development that takes advantage of site characteristics. (4) Promote cooperative planning and development among real property owners within a large area. (5) Protect land uses and neighborhoods adjacent to a PUD Overlay from negative impacts. (C) Applicability. (1) Any property or collection of contiguous properties of a minimum 50 acres in size is eligible for a PUD Overlay provided all owners authorize their respective property to be included. (2) An approved PUD Overlay will be shown upon the Zoning Map and will overlay existing zoning, which will continue to apply, except to the extent modified by or inconsistent with the PUD Master Plan. (3) An approved PUD Master Plan will substitute for the requirement for an Overall Development Plan. Development within the boundaries of an approved PUD Overlay may proceed directly to application for Project Development Plan(s) and Final Plan(s). (D) PUD Master Plan Review Procedure. (1) PUD Master Plans are approved as an overlay to the underlying zone district and are processed by the decision maker pursuant to Section 2.15 of the common review procedures. (2) In order to approve a proposed PUD Master Plan, the decision maker must find that the PUD Master Plan satisfies the following criteria: (a) The PUD Master Plan achieves the purpose and objectives of Sections 4.29 (A) and (B); Packet Pg. 70 -16- (b) The PUD Master Plan provides high quality urban design within the subject property or properties; (c) The PUD Master Plan will result in development generally in compliance with the principles and policies of the City's Comprehensive Plan and adopted plans and policies; (d) The PUD Master Plan will, within the PUD Overlay, result in compatible design and use as well as public infrastructure and services, including public streets, sidewalks, drainage, trails, and utilities; and (e) The PUD Master Plan is consistent with all applicable Land Use Code General Development Standards (Article 3) except to the extent such development standards have been modified pursuant to below Subsection (G) or are inconsistent with the PUD Master Plan. (E) Permitted Uses. (1) Any uses permitted in the underlying zone district are permitted within an approved PUD Overlay. (2) Additional uses not permitted in the underlying zone district may be requested for inclusion in a PUD Master Plan along with the type of review for such use, whether Type I, Type II, or Basic Development Review. The application must enumerate the additional use being requested, the proposed type of review, and how the use satisfies below criteria (a) through (d). The decision maker shall approve an additional use if it satisfies criteria (a) through (d). For each approved additional use, the decision maker shall determine the applicable type of review and may grant a requested type of review if it would not be contrary to the public good. (a) The use advances the purpose and objectives of the applicable PUD Overlay provisions set forth in Sections 4.29 (A) and (B) and the principles and policies of the City’s Comprehensive Plan and adopted plans and policies; and (b) The use complies with applicable Land Use Code provisions regarding the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. (c) The use is compatible with the other proposed uses within the requested PUD Overlay and with the uses permitted in the zone district or districts adjacent to the proposed PUD Overlay. Packet Pg. 71 -17- (d) The use is appropriate for the property or properties within the PUD Overlay. (F) Prohibited Uses. All uses that are not expressly allowed in an approved PUD Master Plan, in the underlying zone district, or determined to be permitted pursuant to Land Use Code Section 1.3.4 shall be prohibited. (G) Modification of Densities and Development Standards. (1) Certain densities and development standards set forth in the Land Use Code and described in below Subsection (G)(2) may be modified as part of a PUD Master Plan. The modification procedure described in this Section (G) substitutes for the modification procedure set forth in Division 2.8. (2) The application must enumerate the densities and development standards proposed to be modified. (a) The application shall describe the minimum and maximum densities for permitted residential uses. (b) The application shall enumerate the specific Land Use Code Article 3 development standards and Article 4 land use and development standards that are proposed to be modified and the nature of each modification in terms sufficiently specific to enable application of the modified standards to Project Development Plans and Final Plans submitted subsequent to, in conformance with and intended to implement, the approved PUD Master Plan. Modifications under this Section may not be granted for Engineering Design Standards referenced in Section 3.3.5 and variances to such standards are addressed in below Subsection (L). (3) In order to approve requested density or development standard modifications, the decision maker must find that the density or development standard as modified satisfies the following criteria: (a) The modified density or development standard is consistent with the applicable purposes, and advance the applicable objectives of, the PUD Overlay as described in Sections 4.29 (A) and (B); (b) The modified density or development standard significantly advances the development objectives of the PUD Master Plan; (c) The modified density or development standard is necessary to achieve the development objectives of the PUD Master Plan; and Packet Pg. 72 -18- (d) The modified density or development standard is consistent with the principles and policies of the City’s Comprehensive Plan and adopted plans and policies. (H) PUD Master Plan Non-Expiration. PUD Master Plans do not expire but are subject to the amendment and termination provisions of Sections 4.29 (I) and (J). (I) PUD Master Plan Termination and Amendment. (1) Termination. An approved PUD Master Plan may be terminated in accordance with the following provisions: (a) Termination may be initiated by any of the following: 1. The written request of all of the real property owners within a PUD Overlay; or 2. The City, provided no vested property right approved in connection with the PUD Master Plan would be in effect upon termination. (b) Upon receiving a valid request to terminate, the original decision maker of the PUD Master Plan shall terminate unless termination is determined to be detrimental to the public good after holding a public hearing to address the issue. (c) If the PUD Master Plan is terminated, the City may remove the overlay designation on the zoning map and the underlying zone district regulations in effect at the time of such removal shall control. (d) Any nonconforming uses resulting from expiration or termination of a PUD Master Plan are subject to Article 1, Division 1.6. (2) PUD Master Plan Amendment. An approved PUD Master Plan may be amended pursuant to the procedures set forth in Land Use Code Section 2.2.10 in accordance with the following provisions: (a) Amendments may be initiated by any of the following: 1. The written request of all real property owners within the PUD Overlay; or 2. The written request of the original applicant for the approved PUD Master Plan provided the following conditions are met: a. The applicant continues to own or otherwise have legal control of real property within the PUD Overlay; and Packet Pg. 73 -19- b. The right of the applicant to amend the PUD Master Plan without the consent of other owners of real property within the PUD Overlay has been recorded as a binding covenant or deed restriction recorded on the respective real property; or 3. The City, provided the amendment does not amend, modify, or terminate any existing vested right approved in connection with the PUD Master Plan without the permission of the beneficiary or beneficiaries of such vested right. (b) Except as to real property within the PUD Overlay owned or otherwise under the control of the applicant, any approved amendment requested by the applicant shall not apply to any real property within the PUD Overlay which: 1. Is already developed pursuant to the applicable PUD Master Plan; 2. Has a valid and approved Project Development Plan or Final Plan; or 3. Is the subject of ongoing development review at the time the applicant’s request for amendment is submitted to the City. (J) Appeals. (1) A Planning and Zoning Board final decision on a PUD Master Plan is appealable to Council pursuant to Section 2.2.12(A). (2) Any Project Development Plan wholly located within a PUD Overlay may be appealed pursuant to Section 2.2.12(A). However, the validity of the uses, densities, and development standards approved in a PUD Master Plan shall not be the subject of any such Project Development Plan appeal. (K) Vesting of PUD Master Plan. Subject to the provisions of Section 2.2.11(C), the only aspects of an approved PUD Master Plan eligible for vested property rights are the enumerated uses, densities, development standards, and variances from Engineering Design Standards granted pursuant to Section 4.29(L). Such uses, densities, and development standards may be those for which modifications have been granted or uses, densities, and development standards set forth in the Land Use Code. The applicant shall specify in the PUD Master Plan if it is requesting vested property rights for uses, densities, development standards, and variances from Engineering Design Standards in excess of the three (3) year period specified in Section 2.2.11(C)(2) and the justification therefor. Packet Pg. 74 -20- (L) Variances. Variances from the Engineering Design Standards listed in Section 3.3.5, including variances from the Larimer County Area Urban Street Standards, may be requested in connection with a PUD Master Plan. A request for such variances shall be processed in accordance with and subject to the standards applicable to the variance. Variances so requested and approved prior to the approval of a PUD Master Plan may be incorporated into and approved as a part of the PUD Master Plan, and if so incorporated and approved, shall be applicable to Project Development Plans and Final Plans submitted subsequent to, in conformance with and intended to implement, the approved PUD Master Plan. The decision maker on the PUD Master Plan shall not have the authority to alter or condition any approved variance as part of the PUD Master Plan review. Variances may also be processed in connection with a Project Development Plan or Final Plan submitted subsequent to an approved PUD Master Plan. Section 12. That the definition “Development application” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Development application shall mean any application or request submitted in the form required by the Land Use Code and shall include only applications for an overall development plan, a PUD Overlay, a project development plan, a final plan, a Building Permit, a modification of standards, amendments to the text of this Code or the Zoning Map, a hardship variance or an appeal from administrative decisions prescribed in Article 2. Section 13. That the definition “Development application for permitted use” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Development application for permitted use shall mean a development application submitted in the form required by this Code to the City for an overall development plan, a project development plan, a final plan or a Building Permit, including only uses described as permitted uses in the applicable zone district. A PUD Overlay is also considered to be a development application for a permitted use even though the PUD Overlay may request uses that are not permitted in the applicable underlying zone district. Section 14. That the definition “Development plan” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Development plan shall mean an application submitted to the City for approval of a permitted use which depicts the details of a proposed development. Development plan includes an overall development plan, a project development plan, a final plan, and/or an amendment of any such plan. A PUD Overlay is also considered to be a development plan even though the PUD Overlay may request uses that are not permitted in the applicable underlying zone district. Packet Pg. 75 -21- Section 15. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of two new definitions, “Planned Unit Development (PUD) Overlay” and “Planned Unit Development (PUD) Master Plan” which read in their entirety as follows: Planned Unit Development (PUD) Overlay shall mean an area of land approved for development pursuant to a PUD Master Plan under Division 4.29 and Division 2.15. An approved PUD Overlay overlays the PUD Master Plan entitlements and restrictions upon the underlying zone district requirements. Planned Unit Development (PUD) Master Plan shall mean an approved plan for development of an area within an approved PUD Overlay, which identifies the general intent of the development and establishes vested uses, densities and certain modification of development standards. An approved PUD Master Plan substitutes for the requirement for an Overall Development Plan. A PUD Master Plan is considered a site specific development plan solely with respect to vested property rights regarding specific uses, densities, Land Use Code development standards, and variances from Engineering Design Standards granted pursuant to Section 4.29(L). Introduced, considered favorably on first reading, and ordered published this 3rd day of July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 76 -1- ORDINANCE NO. 092, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING POLICY REVISIONS TO THE LARIMER COUNTY URBAN AREA STREET STANDARDS WHEREAS, on January 2, 2001, the City Council adopted the Larimer County Urban Area Street Standards ("LCUASS"), with the adoption of Ordinance No. 186, 2000; AND WHEREAS, Council adopted the current version of LCUASS in February 2007, and such version has been subsequently amended from time to time; and WHEREAS, LCUASS Section 1.6.2.A. states that policy revisions to LCUASS may be made by City Council by ordinance or resolution provided a public hearing regarding the policy revision is held and City staff makes a recommendation on the policy revision to City Council; and WHEREAS, the LCUASS policy revision is proposed in connection with the proposed adoption of planned unit development Land Use Code amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Council, after holding a public hearing on July 3, 2018, at which City staff provided a recommendation to Council on the LCUASS policy revision and members of the public were provided an opportunity to provide input, finds that the proposed LCUASS revision is a policy revision applicable to the City and it is in the best interests of the citizens of the City to adopt the revision. Section 3. That Section 1.9.4 of the Larimer County Urban Area Street Standards is hereby amended to read as follows: 1.9.4 Variances and Appeals Processes A. Variances Any design that does not conform to these Standards must be approved by the Local Entity Engineer. Variances from these Standards will be considered administratively on a case-by-case basis following a written request for a variance prepared by a Professional Engineer and submitted to the Local Entity Engineer. If the special district, developer, contractor, or utility responsible to the Local Entity for public improvements desires to design and construct such improvements in variance to criteria in these standards, such variance(s) shall be identified in a written attachment to the initial submittal of construction plans to the Local Entity Engineer. The Packet Pg. 77 -2- design submitted for review shall show the variance. To assist with their plan preparation, designers may submit variance requests, along with sufficient documentation to support the variance, prior to formal submittal of construction plans for informal advisory consideration. Such advisory consideration shall not be binding on the Local Entity Engineer, but may help to guide the requestor in the preparation of plans. Variances may be considered by either of the following two administrative processes: a. Variances requested as part of an application for approval of a preliminary plat only shall be shown on the preliminary plat (or on the preliminary construction plans) and shall also be specifically substantiated and justified in a letter addressed to the Local Entity Engineer. In Loveland (city limits only), variances requested as part of a combined application for approval of a preliminary plat and preliminary development plan shall be described (complete with technical justification) in the regulatory procedures section on the preliminary development plan. In Fort Collins (city limits only), variances may be processed in conjunction with an application for a Planned Unit Development Overlay or Project Development Plan or Final Plan located within an approved Planned Unit Development Overlay any development application for a permitted use as such terms areis defined in the City of Fort Collins Land Use Code. b. Variances requested as part of the submittal for approval of final public improvements construction plans shall be shown in the plans and shall also be specifically substantiated and justified in a letter addressed to the Local Entity Engineer. A summary of all approved variances shall be listed in the general notes on the approved plans. Introduced, considered favorably on first reading, and ordered published this 3rd day of July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 -3- Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 79 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Mike Beckstead, Chief Financial Officer Lisa Rosintoski, Utilities Customer Connections Manager Dan Coldiron, Chief Information Officer John Duval, Legal SUBJECT Second Reading of Ordinance No. 093, 2018, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Funds, the Wastewater Fund and the Storm Drainage Fund for the Utilities Customer Information Billing System Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 10, 2018, appropriates $6,297,001 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the 18-year old billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $200 million in annual total revenue through an average of 80,000 monthly utility bills and service requests for residential and commercial customers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 10, 2018 (w/o attachments) (PDF) 2. Ordinance No. 093, 2018 (PDF) 6 Packet Pg. 80 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 10, 2018 City Council STAFF Mike Beckstead, Chief Financial Officer Lisa Rosintoski, Utilities Customer Connections Manager Dan Coldiron, Chief Information Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 093, 2018, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Funds, the Wastewater Fund and the Storm Drainage Fund for the Utilities Customer Information Billing System Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $6,297,001 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the 18-year old billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $200 million in annual total revenue through an average of 80,000 monthly utility bills and service requests for residential and commercial customers. The CIS/OSS will be the system interface customers rely on for accurate utility and broadband billing that includes a robust customer self-service platform that will assist customers towards understanding interval utility usage and costs in order to make energy and water conservation/efficiency investments. Staff has completed the robust Request for Proposal (RFP) process for a comprehensive integrated CIS/OSS solution and selected a vendor that will provide the solution with the following key technology deliverables:  delivering timely and accurate customer utility and broadband bills  providing customer web-portal interfaces for utility and broadband services  maintaining accurate customer contact information  processing customer payments and service requests  supporting exceptional customer service experience through on-line services  increasing operational efficiency with advanced metering infrastructure  providing enhanced rate, product, payment and service offerings  automating Broadband service provisioning; and  including mobile workforce management functionality to enhance field services STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION Utilities implemented the “Banner” customer information billing system in 2000, and managed an upgrade to version 4.1 in 2009. In early 2016, Utilities evaluated whether to upgrade the existing billing system or purchase ATTACHMENT 1 6.1 Packet Pg. 81 Attachment: First Reading Agenda Item Summary, July 10, 2018 (w/o attachments) (6988 : SR 093 Utility Billing System) Agenda Item 1 Item # 1 Page 2 a new system, i.e. replacement. The comprehensive evaluation assessed the functionality, resources, costs, risks, and value of upgrading or replacing the then 16-year old system. The evaluation also drilled into the specifics of Utilities' business needs, technical requirements, customer service expectations, and integration with the advanced metering infrastructure. The determination was the system is antiquated in both functionality and technology, and replacement of the system was necessary. The evaluation included an estimate to replace the billing system platform of $6.6 to $10.1 million. In 2016, as part of the Budget for Outcomes process, a capital improvement project enhancement offer was submitted (Offer 7.24) for $6.8 million. While the full 2016 estimated cost of $6.8 million to replace the billing system platform was approved in the biannual budget, the offer was approved based on a phased timeline with approximately one-third of the project cost being appropriated in 2018, a total of $2.3 million. Beginning in the fourth quarter of 2017, Utilities began developing a rigorous request for proposal (RFP) process to procure a comprehensive and integrated billing solution for both utility and broadband billing services. The RFP focused on seeking a comprehensive and integrated solution that will function as the accounting software for utility revenues, as well as provide new functionality, tools and processes resulting in increased employee productivity and efficiency in supporting the customer experience. Specifics of the proposed solution identified: Customer Information, Billing, Broadband Operational Support, Customer Self Service, and Reporting. In addition, the solution should consider Mobile Workforce Management, and meet multiple utility and broadband business needs, accommodate both regulatory and ancillary service requirements, as well as provide a wide array of customer-facing opportunities, and greatly enhanced functionality to Fort Collins customers. The process was completed in January 2018, and an RFP was released in February 2018. Staff completed the review of the vendor proposals, including vendor demonstrations, and selected its preferred vendor. Staff has completed the successful negotiations with the vendor and is prepared to complete the contractual arrangements. In addition, staff has completed the review of the costs associated with the information technology hardware, licensing, data conversion, and project implementation staffing that will be necessary for the successful deployment of the CIS/OSS capital project. Key features of the CIS/OSS billing system are:  Billing and operations functionality for new broadband services (Internet, video and phone) as well as state-of-the-art billing and operations for four existing utility services (electric, water, wastewater and stormwater).  Comprehensive, real-time customer web self-service capability with single-sign-on functionality for all customer classes (residential, commercial and industrial). This capability would include starting, stopping or modifying services; viewing and paying bills; viewing account status, usage and cost information; participating in programs, services and promotions; and scheduling appointments.  Configurable, well-documented functionality with logical and flexible user interface. Includes a scheduler that is configurable, well documented, flexible and easy to use, including the ability to perform multi- processing and to receive calculated inputs and external data.  Clear and robust technology road map with regular improvements and support for functionality, fixes, tools and security.  Streamlined, configurable workflows that increase employee efficiency and bill accuracy, and require few manual processes to complete routine functions.  Service Oriented Architecture capability which would allow for seamless integrations with other technology systems. System consumes and exposes services.  Strong easily configured and tailorable system security features, including role-based access and cybersecurity. 6.1 Packet Pg. 82 Attachment: First Reading Agenda Item Summary, July 10, 2018 (w/o attachments) (6988 : SR 093 Utility Billing System) Agenda Item 1 Item # 1 Page 3  Vendor management of version control and component compatibility, as well as accessible, skilled and reasonably priced vendor support and product warranty from selection through implementation and post go-live.  Stable technology stack with good data integrity and transactional boundaries to roll back processes easily if necessary.  Ability to manage complex rates, such as net metering, time-of-use, time-of-use tiered or on-bill financing.  Clear and transparent audit functionality for financial and other transactions and configuration to comply with legal and regulatory requirements.  Library of standard and user-generated reports, including financials (A/R, balancing, write-offs, etc.), customer transactions (service orders, delinquency, payment types, etc.), key performance indicators and exceptions.  Ability to interface/integrate with Broadband network electronics in order to provide automated provisioning (turn up, turn down, suspension, etc.) of Internet data, phone, and video services.  Mobile work management for handling service orders in the field.  Configurable bill format and design with customer features such as metered utility use and graphs. CITY FINANCIAL IMPACTS This appropriation is being requested from available Reserves in each Enterprise Fund. Because $2.3 million was previously appropriated in the 2017-18 budget cycle and the broadband appropriation has already been made, it is only necessary to appropriate $6,297,001 to fully fund the purchase and implementation of the new billing system. Each of the utility Enterprise Funds currently have reserves available above and beyond the minimum required reserves and those reserves already appropriated for other capital improvements. This appropriation is allocated between the utilities as follows: ($ 000's) Current Estimate w/ BB Light & Power Water Waste Water Storm Water Broadband Total Cost $546 9,$315 3,$227 2,$605 1,$450 1,$949 Less Prior Appropriations $249 3,811 637 507 345 949 $297 6,$504 2,$590 1,$098 1,$105 1,$ ‐ 6.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, July 10, 2018 (w/o attachments) (6988 : SR 093 Utility Billing System) Agenda Item 1 Item # 1 Page 4 These shares have been determined based on the current customer counts of the existing utilities and an estimate of the expected number of broadband customers at build-out, and to this has been applied an allocation factor based on the complexity of the billing. The billings for the Electric Utility are the most complex and the billings for the Stormwater Utility and future broadband customers are the least complex. BOARD / COMMISSION RECOMMENDATION Utilities staff presented to both Energy and Water Board the annual customer satisfaction survey in April 2018. Included in the presentation was an update on the CIS capital project enhancement offer, to include broadband billing services. In addition, Utilities staff highlighted the key features customers have expressed through the customer satisfaction survey related to utility billing and service offerings, such as on-line and web-portal. (Attachment 1) PUBLIC OUTREACH Utilities regularly captures customer preferences for utility bill enhancements, as well as additional service features both on the utility bill, web-portal, and on-line. Customer feedback is captured through telephone interactions, electronic mail, and in-person at customer service counter. Themes on the feedback include: near real-time payment application, easy access and visual display of use, and useful bill data. The annual statistically valid customer satisfaction survey recognizes the importance the billing system and on- line services provide towards exceptional customer service. Below are the 2017 ratings, to which the target is 80%, for both residential and commercial customers. Please rate Fort Collins Utilities for their performance on each of the following:  “information and tools provided to help you manage your use and costs.” The satisfaction ratings for residents was 73% and commercial was 69%.  “technology tools, similar to those used by banks, cell phone or cable companies.” The satisfaction ratings for residents was 67% and commercial was 64%.  “convenience of bill payment options, including in-person locations and online.” The satisfaction ratings for residents was 81% and commercial was 82%.  “Online security provided to protect your personal and financial data.” The satisfaction ratings for both residents and commercial was 77%.” ATTACHMENTS 1. Energy Board minutes, April 19, 2018 (PDF) 2. Powerpoint presentation (PDF) Utility Available Fund Balances Appropriation Request Remaining Available Reserves Electric $5.5 $2.5 $3.0 Water $22.1 $1.6 $20.5 Wastewater $20.0 $1.1 $18.9 Stormwater $7.5 $1.1 $6.4 6.1 Packet Pg. 84 Attachment: First Reading Agenda Item Summary, July 10, 2018 (w/o attachments) (6988 : SR 093 Utility Billing System) -1- ORDINANCE NO. 093, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT AND POWER FUND, THE WATER FUNDS, THE WASTEWATER FUND AND THE STORM DRAINAGE FUND FOR THE UTILITIES CUSTOMER INFORMATION BILLING SYSTEM PROJECT WHEREAS, the purpose of this item is to appropriate $6,297,001 to purchase a Customer Information System with an Operational Support System for electric, water, wastewater, stormwater and broadband billing services to replace the current 18-year old billing system (“Customer Information Billing System Project”); and WHEREAS, the Customer Information Billing System Project will allow the efficient collection of revenues for all utility and broadband services, serving as the accounting ledger for the revenue of these utilities, which currently generate over $200 million in total annual revenue through an average of 80,000 monthly utility bills and service requests for residential and commercial customers; and WHEREAS, the initial cost of the Customer Information Billing System Project being appropriated in this Ordinance is being shared by the funds of the City’s existing utilities (Electric, Water, Wastewater and Stormwater) and by the City’s future broadband system to be operated within the Electric Utility; and WHEREAS, these shares have been determined based on the current customer counts of the existing utilities and an estimate of the expected number of broadband customers at build-out, and to this has been applied an allocation factor based on the complexity of the billing, with billings for the Electric Utility being the most complex and the billings for the Stormwater Utility and future broadband customers being the least complex; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the City Manager’s recommendation, 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 City Manager has recommended the appropriation described herein and determined that these appropriations are available and previously unappropriated from the Light and Power Fund, the Water Fund, the Wastewater Fund and the Storm Drainage Fund, as applicable, and will not cause the total amount appropriated in Light and Power Fund, the Water Fund, the Wastewater Fund and the Storm Drainage Fund, as applicable, to exceed the current estimate of actual and anticipated revenues to be received in these funds during the fiscal year; and WHEREAS, these project funds are ineligible for a contribution to art in public places as provided in Article XII of City Code Chapter 23 because this is not an appropriation for a “construction project” as defined in Article XII; and 6.2 Packet Pg. 85 Attachment: Ordinance No. 093, 2018 (6988 : SR 093 Utility Billing System) -2- WHEREAS, this appropriation benefits the health, safety and welfare of the public and the ratepayers of Fort Collins and serves the utility purposes of improving water and electric service reliability and controlling cost of service increases. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Light and Power Fund the sum of TWO MILLION FIVE HUNDRED THREE THOUSAND SIX HUNDRED SIXTY-SIX DOLLARS ($2,503,666) for the Utilities Customer Information Billing System Project. Section 3. That there is hereby appropriated from prior year reserves in the Water Fund the sum of ONE MILLION FIVE HUNDRED NINETY THOUSAND TWO HUNDRED NINETY-SIX DOLLARS ($1,590,296) for the Utilities Customer Information Billing System Project. Section 4. That there is hereby appropriated from prior year reserves in the Wastewater Fund the sum of ONE MILLION NINETY-EIGHT THOUSAND FOUR HUNDRED FORTY- ONE DOLLARS ($1,098,441) for the Utilities Customer Information Billing System Project. Section 5. That there is hereby appropriated from prior year reserves in the Storm Drainage Fund the sum of ONE MILLION ONE HUNDRED FOUR THOUSAND FIVE HUNDRED NINETY-EIGHT DOLLARS ($1,104,598) for the Utilities Customer Information Billing System Project. Introduced, considered favorably on first reading, and ordered published this 10th day of July A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 86 Attachment: Ordinance No. 093, 2018 (6988 : SR 093 Utility Billing System) -3- Passed and adopted on final reading on the 17th day of July, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 87 Attachment: Ordinance No. 093, 2018 (6988 : SR 093 Utility Billing System) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Jennifer Shanahan, Watershed Planner Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 094, 2018, Appropriating Unanticipated Grant Revenue From the Colorado Water Conservation Board and Great Outdoors Colorado in the Natural Areas Fund. EXECUTIVE SUMMARY The purpose of this item is to appropriate two grants totaling $300,000 into the Natural Areas 2018 budget. The first grant of $200,000 was awarded by the Colorado Water Conservation Board (CWCB) through its Watershed Restoration grant program, and the second is a $100,000 grant awarded by Great Outdoors Colorado (GOCO) through its Habitat Restoration grant program. The CWCB grant was awarded to support two related initiatives focused on improving the health of the Poudre River fish communities. Half the grant ($100,000) will fund the installation of a fish ladder on the Timnath Reservoir Inlet Ditch diversion dam. The second half of the CWCB funds ($100,000) will enable a fish movement monitoring study on the Poudre to better understand the efficacy of fish ladders. The GOCO grant will support Poudre River and floodplain habitat restoration at Kingfisher Point Natural Area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City’s 2017 Poudre Report Card noted that aquatic habitat connectivity and native fish populations are in poor condition, thus the CWCB grant was sought to support Natural Areas efforts related to improving vulnerable populations of native plains fishes and the recreational trout fishery. Grant project #1: Fish passage installation in the Timnath Inlet Ditch diversion dam The Timnath Reservoir Inlet Ditch (aka Cache la Poudre Reservoir Inlet Ditch), owned by the Cache la Poudre Reservoir Company (CLPRC) and located downstream of Lemay Avenue, is a major barrier to aquatic habitat connectivity on the Poudre. The structure is impassable many months of the year due to the structure’s size and the timing and type of CLPRC’s water right. The City has been working in collaboration with CLPRC for the past two years to design fish passage on this structure. The design is complete and permits are pending. The City is working to secure funding beyond this grant for the construction/installation of fish passage in the Timnath Reservoir Inlet diversion in the fall/winter of 2018/2019. Grant project #2: Evaluating effectiveness of fish passage - a fish movement monitoring program Many diversion structures impede upstream movements of fish, and flow fluctuations are sometimes extreme, especially in base flow periods such as November to March. Fish movements may be restricted by several in- channel diversion structures that are barriers to fish passage, which ultimately may affect the health of the fish community. To that end, fish passage structures are proposed to remedy the issue of upstream fish passage, 7 Packet Pg. 88 Agenda Item 7 Item # 7 Page 2 but the best placement of new structures and efficacy of existing ones are largely unknown. With significant effort needed to improve the numerous structures on the Poudre, it would be helpful to better understand their effectiveness. To that end, $100,000 of these funds will go towards a 3-year monitoring program to monitor the makeup of the fish community, background fish movement rates in various habitat types, and passage rates of fish over existing diversion dams via fish passage devices. Grant project #3: Poudre River and floodplain habitat restoration at Kingfisher Point Natural Area As a part of its 2015 Natural Areas Restoration Master Plan, the Natural Areas Department (NAD) is planning to restore river and floodplain habitat along a one half-mile stretch of the Poudre River through Kingfisher Point Natural Area (between Lemay Avenue and Timberline Road). The project is intended to provide restored in- river aquatic habitat, naturalized riverbanks, expanded floodplain cottonwood forests, improved floodwater retention, and create high-quality wetlands. Along with the investment generated from the City’s Open Space Yes tax and the County’s Help Preserve Open Space tax, GOCO’s matching grant award will support the procurement of materials and restoration services to bring the project to fruition. The GOCO grant was awarded in December 2016, the grant agreement was executed with City Council Resolution 2017-002. CITY FINANCIAL IMPACTS The City will provide a 100% local match for both grants. Funds are appropriated and available in the Natural Areas budget for this purpose. This action has a net positive impact on the City’s financial resources by $300,000 and the ability to make progress in the goal of improving and sustaining the health of the Cache la Poudre River. BOARD / COMMISSION RECOMMENDATION At its March 8, 2018, meeting, the Land Conservation and Stewardship Board unanimously voted to recommend City Council appropriate the CWCB grant funds of $200,000 into the Natural Areas budget. At its June 13, 2018, meeting, the Land Conservation and Stewardship Board unanimously voted to recommend City Council appropriate the GOCO grant funds of $100,000 into the Natural Areas budget. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, March 8, 2018 (PDF) 2. Land Conservation and Stewardship Board minutes, June 13, 2018 (PDF) 7 Packet Pg. 89 Land Conservation & Stewardship Board March 8, 2018 Minutes Excerpt Appropriation of Grant Revenues Jennifer Shanahan, Natural Resource Watershed Planner, reminded the board of the 2017 River Health Report Card for the Cache la Poudre River. The Report Card indicates two elements of the river ecosystem in poorest conditions on the river are connectivity of aquatic habitat and native fish. Jennifer is requesting to appropriate a recently awarded grant totaling $200,000 from the Colorado Water Conservation Board to support work to improve the health of the fisheries in the Poudre River. This grant would fund two projects. The first project is at Timnath Inlet Ditch diversion dam which is currently a major barrier to aquatic habitat connectivity on the Poudre. The grant would fund design of a fish passage (ie. a fish ladder) on this structure. The second project is a fish movement monitoring program to better understand the effectiveness of and need for fish passage structures in the river. David Tweedale made a motion that City Council appropriate the recently awarded grant funds of $200,000 into the Natural Areas Budget for use towards two projects that work to improve the health of Poudre River fish communities. The LCSB would like to commend NAD staff for seeking grant funding for this important project. Marcia Patton-Mallory seconded the motion. The motion was unanimously approved. ATTACHMENT 1 7.1 Packet Pg. 90 Attachment: Land Conservation and Stewardship Board minutes, March 8, 2018 (6964 : Natural Areas Grant Appropriation) Land Conservation & Stewardship Board Minutes Excerpt June 13, 2018 Kingfisher Restoration Plan Update Rachel Steeves, NAD Environmental Planner, offered a couple of maps and pictures of the restoration at Kingfisher Natural Area. Rachel explained the primary purpose of the restoration is to improve the hydrologic function and aquatic connectivity of the Poudre River. The second purpose is to create wetlands and restoration of habitat in and around the open water of Gadwall Pond. The project includes preparation for future visitor amenities such as a parking lot, a loop trail off Mulberry and possible pedestrian bridge connection to the Poudre Trail. Discussion: Joe asked where the funding for the restoration project was coming from. Rachel reported funding from Natural Areas Capital restoration, and $100,000 to come from a GOCO Habitat Restoration grant. Rachel provided a timeline for the restoration project. In mid-July we will work on the increase of wetland acreage at Gadwall Pond by 2.4 acres. Provided the FEMA permit application goes through, we can start a little earlier, otherwise it will be September or October before the floodplain and river channel grading will take place. Planting of riparian areas will take place in the winter and spring of 2019. The pedestrian bridge is 2020 and the parking lot is slated for 2019. Joe suggested the LCSB do a walking tour of the McMurry Natural Area and N. Shields Street Access to get a better idea of progress of those restored areas. Rachel offered a future tour. DAVID TWEEDALE MADE A MOTION THAT THE LCSB RECOMMENDS THAT CITY COUNCIL APPROVE AN ORDINANCE TO APPROPRIATE THE RECENTLY AWARDED GOCO GRANT FUNDS OF $100,000 INTO THE NATURAL AREAS BUDGET FOR USE TOWARDS THE RIPARIAN RESTORATION PROJECT AT KINGFISHER POINT NATURAL AREA. MARCIA PATTON-MALLORY SECONDED THE MOTION THE MOTION WAS UNANIMOUSLY APPROVED 8-0 ATTACHMENT 2 7.2 Packet Pg. 91 Attachment: Land Conservation and Stewardship Board minutes, June 13, 2018 (6964 : Natural Areas Grant Appropriation) -1- ORDINANCE NO. 094, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO WATER CONSERVATION BOARD AND GREAT OUTDOORS COLORADO IN THE NATURAL AREAS FUND WHEREAS, the City has been awarded a Colorado Water Conservation Board (“CWCB”) grant in the amount of $200,000 that will be used to improve the health of the Poudre River fish communities; and WHEREAS, the CWCB grant will be used to install a fish ladder on the Timnath Reservoir Inlet Ditch diversion dam and a fish movement monitoring study on the Poudre River; and WHEREAS, the City has also been awarded a Great Outdoors Colorado (“GOCO”) grant in the amount of $100,000 that will support Poudre River and floodplain habitat restoration at Kingfisher Point Natural Area; and WHEREAS, the GOCO grant requires $100,000 of matching funds and the CWCB Grant requires $200,000 of matching funds, which have been appropriated and are available in the Natural Areas budget for this purpose; and WHEREAS, the Land Conservation and Stewardship Board at its regular meeting in March 2018 voted unanimously to recommend approval of the CWCB grant funds; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of conserving land and restoring wildlife habitats; 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, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and 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 any fiscal year; and; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or Packet Pg. 92 -2- capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the Natural Areas Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) for expenditure in the Natural Areas Fund for the installation of a fish ladder on the Timnath Reservoir Inlet Ditch diversion dam and a fish movement monitoring study on the Poudre river. Section 3. That there is hereby appropriated from unanticipated revenue in the Natural Areas Fund the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) for expenditure in the Natural Areas Fund for Poudre River and floodplain habitat restoration at the Kingfisher Point Natural Area. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 93 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Perrie McMillen, Restorative Justice Program Coordinator Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 095, 2018, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget to the Grant Budget for the Restorative Justice Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $67,612 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect for all other offenses. The grant period for is July 1, 2018 to June 30, 2019. This is the second year in a 3-year cycle for the Juvenile Diversion grant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its three programs; RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) and Reflect Program for all other offenses, has been partially grant funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice to support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,970 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, criminal justice officials are optimistic repeat offenses by these youths will be reduced and the needs and concerns of the victims and affected community will be addressed. The programs help young people understand how family, friends, victim and community are harmed by their actions and hold them accountable for the harm they caused. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system, both contribute positively to a safer and healthier community. Addressing the needs and concerns of crime victims and community members also has a positive effect on the overall health and safety of the community. As part of the programs, youth and families are referred to appropriate community resources based on needs identified during program participation. 8 Packet Pg. 94 Agenda Item 8 Item # 8 Page 2 Without grant funding and the support of the City, Restorative Justice Services would not be a service available to young people and their families, crime victims, the courts, law enforcement and our community. CITY FINANCIAL IMPACTS The additional grant money in the amount of $67,612 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement has already been met by utilizing $9,091 from the Neighborhood Services operating budget, designated for restorative justice, $9,846 as in-kind from the City in the form of office space provided for grant funded services and $3,600 is committed donated volunteer time from a primary volunteer who assists with administrative duties. 8 Packet Pg. 95 -1- ORDINANCE NO. 095, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND TRANSFERRING FUNDS FROM THE COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OPERATING BUDGET TO THE GRANT BUDGET FOR THE RESTORATIVE JUSTICE PROGRAM WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Community Development and Neighborhood Services (“CDNS”) a grant in the amount of $67,612 for salaries associated with the continued operation of the Restorative Justice Program (“Program”); and WHEREAS, the Program is an alternative method to the criminal justice system, providing services to more than 2,970 young people who committed chargeable offenses in the community since 2000; and WHEREAS, the Program facilitates a meeting with the young offender, the victim, and community members to discuss the harm caused by the young offender and to find meaningful ways for the young person to repair that harm; and WHEREAS, the grant period for this award is from July 1, 2018 to June 30, 2019; and WHEREAS, the grant requires a 25% match of $22,537; and WHEREAS, the City’s cash match of $9,091 will come from the CDNS operating budget for Restorative Justice and the remaining $13,446 match requirement will come from the City in the form of office space and volunteers provided for the grant-funded services; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of rebuilding community ties after a crime has been committed; 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, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and 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 any fiscal year; and; 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 Packet Pg. 96 -2- from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of SIXTY-SEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS ($67,612) for expenditure in the General Fund, Restorative Justice Services grant project, for continuation of the Restorative Justice Program. Section 3. That the unexpended appropriated amount of NINE THOUSAND NINETY- ONE DOLLARS ($9,091) is hereby authorized for transfer from the Community Development and Neighborhood Services operating budget in the General Fund to the grant project for Restorative Justice Services and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 97 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Craig Dubin, Transfort Communications and Admin Mgr Dean Klingner, Transfort and Parking Interim General Manager Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 096, 2018, Appropriating Prior Year Reserves in the Parking Fund for the Replacement of a Parking Enforcement Patrol Vehicle and License Plate Recognition System. EXECUTIVE SUMMARY The purpose of this item is to appropriate $80,000 from Parking Services Reserves to replace a parking enforcement patrol vehicle and its license plate recognition system. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Parking Services has a fleet of three electric patrol vehicles and one Go4 gasoline engine three-wheel patrol vehicle. In 2013, Parking Services piloted a 2013 Nissan Leaf with the objective of reducing emissions and fuel use. Given the high-idle requirements for parking enforcement, the pilot was accepted and over the next two years, Parking Services purchased two more, later model Nissan Leaf sedans. The Go4 has become unreliable due to increased maintenance issues and operates poorly in inclement weather. With the increase in enforcement due to the expanded RP3 program and projections to expand hours of service, Parking Services submitted an offer for the 2019/2020 BFO cycle for two more electric vehicles. However, there remains an urgent need to replace the Go4 as maintenance issues on this vehicle have become frequent; which creates work stoppages for several hours. Parking enforcement is performed by a staff of seven parking enforcement officers using three electric sedans and the single Go4. Fleet Services has recommended replacement of the vehicle. Furthermore, the existing asset uses gasoline and would be replaced with an electric vehicle to further reduce the City's carbon footprint. Staff is proposing to replace the license plate recognition system because it is past its useful life and is no longer supported. CITY FINANCIAL IMPACT The total cost for these items is $80,000. This includes: $35,000 2018 Nissan Leaf including aftermarket safety lighting and markings $45,000 License Plate Recognition System and associated hardware and software 9 Packet Pg. 98 Agenda Item 9 Item # 9 Page 2 These funds are available in the Parking Fund Reserves. Excess parking revenues are added to the Parking Fund and it is anticipated that these reserves are intended for long-term replacement and maintenance costs. Staff anticipates that ongoing costs will be slightly lower by replacing this vehicle based on reduced maintenance and operating costs. 9 Packet Pg. 99 -1- ORDINANCE NO. 096, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE PARKING FUND FOR THE REPLACEMENT OF A PARKING ENFORCEMENT PATROL VEHICLE AND LICENSE PLATE RECOGNITION SYSTEM WHEREAS, Parking Services has a fleet of three electric patrol vehicles and one Go4 gasoline engine three-wheel patrol vehicle (the “Go4”); and WHEREAS, in 2013, Parking Services piloted a 2013 Nissan Leaf with the objective of reducing emissions and fuel use; and WHEREAS, over the next two years, Parking Services purchased two more, later model Nissan leaf sedans and the Go4 has now become unreliable due to increased maintenance issues and operates poorly in inclement weather; and WHEREAS, there remains an urgent need to replace the Go4 as maintenance issues on this vehicle have become frequent, which creates work stoppage for several hours and current Parking enforcement is performed by a staff of seven parking enforcement officers using three electric sedans and the single Go4; and WHEREAS, staff recommends that the Go4 be replaced with an electric vehicle to further reduce the City’s carbon footprint; and WHEREAS, staff recommends that the current license plate recognition system also be replaced because it is past its useful life and is no longer supported by the vendor; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing fuel efficient vehicles for City staff to enforce the City’s parking regulations within the City; 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 City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Parking Fund and will not cause the total amount appropriated in the Parking Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 100 -2- Section 2. That there is hereby appropriated from prior year reserves in the Parking Fund the sum of EIGHTY THOUSAND DOLLARS ($80,000) for expenditure in the Parking Fund for a new parking enforcement patrol vehicle and license plate recognition system. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 101 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Jennifer Poznanovic, Project and Revenue Manager Ryan Malarky, Legal SUBJECT Items Relating to the City's Various Tax Provisions. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 097, 2018, Amending Article II of Chapter 25 of the Code of the City of Fort Collins Concerning the City’s Tax Rebate Programs. B. First Reading of Ordinance No. 098, 2018, Amending Article III of Chapter 25 of the Code of the City of Fort Collins Concerning the Imposition, Collection, and Enforcement of the City’s Sales and Use Taxes. C. First Reading of Ordinance No. 099, 2018, Amending Article IV of Chapter 25 of the Code of the City of Fort Collins Concerning the City’s Lodging Tax. D. First Reading of Ordinance No. 100, 2018, Amending Article V of Chapter 25 of the Code of the City of Fort Collins Concerning the City’s Telephone Occupation Tax. The purpose of this item is to amend City Code sections in Chapter 25 to provide clarification for definitions and the application of various sections of the Code, and to make clear the City may use a third-party auditor or collections service for delinquent accounts. STAFF RECOMMENDATION Staff recommends adoption of these Ordinances on First Reading. BACKGROUND / DISCUSSION The various Code changes being requested are as follows: Chapter 25, Article II (Ordinance No. 097, 2018) City Code Section 25-50 establishes that the amount of sales tax rebate for food is increased annually based on the "Denver-Boulder-Greeley" Consumer Price Index (CPI) published by the federal Bureau of Labor Statistics. In January 2018, the Bureau of Labor Statistics updated the geographic area sample for the CPI has changed it to Denver-Aurora-Lakewood. Therefore, the Code is being updated to reflect this change. The City Code contains other limited references to the CPI, and City staff will review whether additional Code changes are appropriate to bring before Council at a later time. City Code Chapter 25, Article II, Division 5 establishes the City’s use tax rebate program on manufacturing equipment. City Code Section 25-66 sets forth the qualifications a qualifying manufacturer must meet to be eligible for the use tax rebate. Use tax is owed by a consumer for using, storing, distributing, or otherwise 10 Packet Pg. 102 Agenda Item 10 Item # 10 Page 2 consuming tangible personal property or taxable services in the City. In general, a manufacturer owes use tax to the City when City sales tax is not otherwise collected by a vendor. City staff desires to clarify in the Code that the use tax rebate is not available when a vendor should have collected City sales tax from the manufacturer, consistent with both the historical administration of the program and rules adopted by the Financial Officer. Chapter 25, Article III (Ordinance No. 098, 2018) The definition of charitable organization in Section 25-71 specifies an entity must have a current sales tax exemption certification from the State of Colorado. City staff has determined the State does not issue a State of Colorado sales tax exemption certificate to out-of-state organizations. As a result, out-of-state organizations cannot qualify for exemption from the City of Fort Collins sales tax because they cannot obtain a State of Colorado tax exemption certificate. The definition has been updated to allow for the exemption of out-of-state organizations that would otherwise qualify for City of Fort Collins tax exemption. The definition of Financial Officer and the requirements regarding confidentiality of tax information is being changed to make clear City staff: (1) may continue to use the services of a third-party auditor for tax audits; and (2) may have the option to utilize a third-party collection service to collect outstanding sales or use tax due in cases of severe noncompliance with the City’s remittance requirements. The changes expand the definition of Financial Officer slightly to allow for delegation of certain responsibilities to entities, rather than only individual persons. The changes also allow the disclosure of otherwise confidential tax information to third parties, on the condition that the third parties commit in a written agreement to non-disclosure. Chapter 25, Article IV (Ordinance No. 099, 2018) In Ordinance No. 098, 2018, City staff is recommending a change to the definition of charitable organization in Section 25-71, located in the Sales and Use Tax Code as noted above. A similar definition is in Section 25- 241 of the Lodging Tax Code. City staff is recommending the same change be made to the definition of charitable organization in the Lodging Tax Code so that both codes are administered in substantially the same manner and with the same requirements. Chapter 25, Article V (Ordinance No. 100, 2018) Article V, Division 2 establishes an occupation tax levied on telephone utility companies engaged in the business of furnishing local exchange telephone service within the City. Since the establishment of the telephone occupation tax in 1979, technological advances have occurred that allow telephone service to be provided over the Internet, otherwise known as Voice over Internet Protocol (VoIP). The City currently collects, and VoIP providers currently remit, the telephone occupation tax. City staff desires to make clear that VoIP service is subject to said tax, and is recommending a change to Section 25-326 to make specific reference to VoIP. CITY FINANCIAL IMPACTS No known financial impacts. 10 Packet Pg. 103 -1- ORDINANCE NO. 097, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE II OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE CITY’S TAX REBATE PROGRAMS WHEREAS, Division 3 in Article II of City Code Chapter 25 authorizes a rebate on the City’s sales tax charged on food purchases by low-income persons residing in the City (the “Sales Tax Rebate Program”); and WHEREAS, Division 5 in Article II of City Code Chapter 25 authorizes the rebate of the City’s use tax imposed on manufacturing equipment paid by certain qualifying manufacturers (the “Manufacturing Equipment Use Tax Rebate Program”); and WHEREAS, the Sales Tax Rebate Program serves the public purpose of assisting certain low-income individuals in better affording the necessities of life related to food; and WHEREAS, the Manufacturing Equipment Use Tax Rebate Program serves the public purpose of encouraging manufacturers to establish, continue and expand their manufacturing activities within the City to benefit the local economy and provide manufacturing jobs within the City; and WHEREAS, City staff has reviewed the Sales Tax Rebate Program and is recommending a revision to account for a geographical revision in the consumer price index published by the Bureau of Labor Statistics; and WHEREAS, City staff has reviewed the Manufacturing Equipment Use Tax Rebate Program and is recommending a revision to clarify that the rebate is not available for purchases for which City sales tax should have been collected by the vendor; and WHEREAS, the City Council hereby finds that amending the Sales Tax Rebate Program and the Manufacturing Equipment Use Tax Rebate Program as proposed in this Ordinance is in the City’s and its taxpayers’ best interests and necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 25-50 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-50. Amount of rebate. Packet Pg. 104 -2- The rebate amount for the 2016 2017 tax year will be sixty-three dollars ($60.63.) per calendar year for each person in the qualified household not to exceed eight (8) household members. This amount of the rebate will be increased annually according to the Denver-Boulder-Greeley Consumer Price Index for Urban Consumers Denver- Aurora-Lakewood Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics. Section 3. That Section 25-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-66. Qualifications. In order to qualify for a rebate under the provisions of this Division, the following requirements must be met: (1) The qualifying manufacturer must have a sales and use tax license from the City and be classified as a "manufacturer" under the North American Industry Classification System (NAICS), as amended.; (2) The qualifying manufacturer must certify compliance with all federal, state and local laws and regulations applicable to a manufacturing facility located within the City limits.; (3) The qualifying manufacturer must be current in all payments to the City and in compliance with any contractual agreements with the City.; (4) Machinery and equipment must be tangible personal property when purchased; be necessary for, and used directly in, the manufacturing of tangible personal property to be sold; not be used in any activity other than the actual manufacturing process; not be merely useful or incidental to the manufacturing operation; and be purchased in the year the rebate is being applied for.; (5) The qualifying manufacturer must have paid the appropriate use tax when due and not as a consequence of a tax audit conducted by the City.; and (6) The use tax paid by the qualifying manufacturer must not have been the result of a vendor failing to collect City of Fort Collins sales tax as required by law. Packet Pg. 105 -3- Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 106 -1- ORDINANCE NO. 098, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE IMPOSITION, COLLECTION, AND ENFORCEMENT OF THE CITY’S SALES AND USE TAXES WHEREAS, Article XX, § 6.g. of the Colorado Constitution grants to the City of Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes for municipal purposes, subject to any limitations in the Colorado Constitution; and WHEREAS, on November 16, 1967, the City Council, in the exercise of its home rule taxing powers, adopted Ordinance No. 058, 1967, to levy, collect and enforce beginning on January 1, 1968, a sales and use tax on the purchase of tangible personal property sold at retail in the City and on certain taxable services provided in the City (the “Sales and Use Tax Code”); and WHEREAS, the Sales and Use Tax Code is currently found in Article III of the City Code Chapter 25, which has been significantly amended many times since its adoption in 1967; and WHEREAS, City staff has reviewed Article III and has recommended revisions to clarify the manner in which charitable organizations may qualify for a tax-exempt organization license from the City; and WHEREAS, City staff is recommending revisions to make clear the City’s Financial Officer may use the services of a third-party auditor or collections service to ensure the proper payment of tax owed to the City; and WHEREAS, the City Council hereby finds that amending the Sales and Use Tax Code as proposed in this Ordinance is in the City’s and its taxpayers’ best interests and necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 25-71 of the Code of the City of Fort Collins is hereby amended to change the definition of “charitable organization” to read as follows: Sec. 25-71. Definitions. . . . Charitable organization shall mean: Packet Pg. 107 -2- (1) any entity that has and maintains a current sales tax exemption certificate from the Colorado Department of Revenue; or (2) any out-of-state entity that has been certified as a nonprofit organization under Internal Revenue Code Section 501(c)(3) and maintains a current tax exemption certificate from another state. . . . Section 3. That Section 25-71 of the Code of the City of Fort Collins is hereby amended to change the definition of “Financial Officer” to read as follows: Sec. 25-71. Definitions. . . . Financial Officer shall mean the Financial Officer of the City of Fort Collins or such other individual person designated by the Financial Officer. . . . Section 4. That Section 25-94 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-94. Exempt organization license; application procedure. . . . (b) The application for an exempt organization license shall include copies of the organization's current certificate of incorporation , bylaws, financial statements showing sources of revenues and expenditures, and the organization's current sales tax exemption certificate from the Colorado Department of Revenue or from another state, and, if the organization has been issued one, a copy of the Internal Revenue Service's letter of determination recognizing the organization as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. . . . Section 5. That Section 25-166 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-166. Preservation of returns and other records; confidentiality. . . . Packet Pg. 108 -3- (f) Nothing in this Section shall be construed to prohibit the Financial Officer from disclosing information to an individual with whom, or an organization with which, the Financial Officer has contracted or engaged to assist the City in examining or auditing tax records or collecting taxes, provided that the individual or organization is required by written agreement not to disclose any of said information to any person other than the Financial Officer and the authorized agents and employees thereof. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 109 -1- ORDINANCE NO. 099, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE CITY’S LODGING TAX WHEREAS, Article XX, § 6.g. of the Colorado Constitution grants to the City of Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes for municipal purposes, subject to any limitations in the Colorado Constitution; and WHEREAS, on February 21, 1984, the City Council, in the exercise of its home rule taxing powers, adopted Ordinance No. 20, 1984, adding a new chapter to the City Code to levy, collect and enforce a three percent (3%) tax on the price of lodging accommodations provided in the City (the “Lodging Tax Code”); WHEREAS, the Lodging Tax Code is found in Article IV of City Code Chapter 25 and has existed in substantially its current form since its adoption in 1984 with only minor amendments since that time; and WHEREAS, City staff has recommended to City Council for its consideration Ordinance No. 098, 2018, which includes changes to the City’s sales and use tax provisions found in Article III of City Code Chapter 25 (the “Sales and Use Tax Code”) to clarify the manner in which charitable organizations may obtain a tax-exempt organization license from the City; and WHEREAS, City staff has reviewed the Lodging Tax Code and is recommending a similar revision to the definition of “charitable organization” so that the Sales and Use Tax Code and the Lodging Tax Code will be administered in essentially the same manner and with the same requirements; and WHEREAS, the City Council hereby finds that collecting and enforcing the Sales and Use Tax Code and the Lodging Tax Code in substantially the same manner is in the City’s and its taxpayers’ best interests and necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 25-241 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-241. Definitions. . . . Charitable organization shall mean: Packet Pg. 110 -2- (1) any entity that has and maintains a current sales tax exemption certificate from the Colorado Department of Revenue; or (2) any out-of-state entity that has been certified as a nonprofit organization under Internal Revenue Code Section 501(c)(3) and maintains a current tax exemption certificate from another state. . . . Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 111 -1- ORDINANCE NO. 100, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE V OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE CITY’S TELEPHONE OCCUPATION TAX WHEREAS, Article XX, § 6.g. of the Colorado Constitution grants to the City of Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes for municipal purposes, subject to any limitations in the Colorado Constitution; and WHEREAS, since January 1, 1979, the City, through the City Council’s exercise of its home rule taxing powers, has levied, collected and enforced a telephone occupation tax in the amount of seventy cents ($0.70) per account for local exchange telephone service to customers in the City (the “Telephone Occupation Tax”); and WHEREAS, the City has been collecting, and Voice over Internet Protocol (“VoIP”) providers have been remitting, the Telephone Occupation Tax; and WHEREAS, City staff has reviewed the Telephone Occupation Tax and is recommending a revision to state more clearly that VoIP is subject to the tax; and WHEREAS, the City Council hereby finds that amending the Telephone Occupation Tax as proposed in this Ordinance is in the City’s and its taxpayers’ best interests and necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 25-326 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-326. Levy of tax. There is hereby levied against every telephone utility company engaged in the business of furnishing local exchange telephone service within the City a tax on the privilege of engaging in such business. The amount of such tax shall be seventy cents ($0.70) per account per month. For the purposes of this Division, account shall be defined as a billing of a telephone utility company for service to a customer. For the purposes of this Division, telephone utility company engaged in the business of furnishing local exchange telephone service shall include Voice over Internet Protocol (VoIP) service. Packet Pg. 112 -2- Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 113 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Travis Storin, Accounting Director Gerry Paul, Director of Purchasing & Risk Management John Duval, Legal SUBJECT First Reading of Ordinance No. 101, 2018, Amending Section 8-158 of the Code of the City of Fort Collins Pertaining to the City's Procurement of Services for an Annual Independent Audit of the City's Financial Records. EXECUTIVE SUMMARY The purpose of this item is to amend the City Code to accommodate the roles of the Council Finance Committee and the City Council in procuring external audit services for the City. An important element of auditor independence is that the selection of the external auditor is made by a governing body rather than by the staff of the auditee. The proposed Code section would (1) allow the selection process of an external audit services to take place at publicly held meetings and (2) define the maximum service period of an incumbent auditor. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Audit Requirements and Best Practices in Selection An annual, external audit by an independent CPA firm is required by Colorado Statute, City Charter, City debt covenants on outstanding bonds and leases, and the majority of grant agreements for which the City is a recipient. The current audit contract is in its fifth and final year, necessitating a competitive selection per City Code. Historically, the Council Finance Committee has served as the interview panel for audit services and made a recommendation to the Council for selection via resolution. Staff recommends that the Finance Committee continue to perform this function. Properly performed audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizens’ confidence in their local government. Best practices published by the Government Finance Officers Association and the American Institute of CPAs strongly recommend for the selection of auditing services be conducted by governing and oversight bodies (rather than by employees of the auditee) as an important measure to preserve auditor independence. It is also ideal for auditor independence to require auditors be replaced after a defined contract term, as is often the case in the private sector. As a comparison, SEC-regulated publicly traded companies are required by the Sarbanes-Oxley Act of 2002 to delegate to an audit committee the responsibility for appointment, compensation, and oversight of audits. 11 Packet Pg. 114 Agenda Item 11 Item # 11 Page 2 Sarbanes further requires that the high-ranking personnel within the selected firm be rotated every 5 years, although there is not a requirement that the firm itself be rotated. Holding Supplier Interviews in a Public Meeting Any meeting of three or more Councilmembers is required to be held in public with sufficient advance notice of the time, location, and meeting agenda. Further, Code Section 2-31 and Article II Section 11 of the City Charter specifically limit when the Council and its committees can go into executive session and there is no exception that authorizes an executive session to interview prospective auditors. Therefore, Finance Committee interviews of prospective auditors are required to be conducted in a public meeting. Current City Code pertaining to supplier/vendor procurement precludes the public disclosure of proposal, offeror, and evaluation information during the competitive selection process. Given the limitations this places on the selection process of an auditor, staff recommends the Code be amended to allow the Finance Committee and Council to conduct its interview and selection of qualified candidates in a public meeting. If this Ordinance is adopted, interviews will proceed at the September meeting of the Finance Committee. Auditor Rotation Many private-sector business enterprises and not-for-profits mandate that a new audit firm be selected periodically, in an effort for fresh procedures and greater independence from management. In highly-regulated environments such as publicly traded companies, it is often required that personnel rotate from their clients in 5-year increments. The City does not currently have a policy or Code requirement to rotate auditors. At the June 18 Finance Committee, the matter was discussed and the Committee supported a codified rotation requirement. Staff was asked to research and recommend a practice for the City to adopt. Staff contacted Front Range peer organizations, the results of which are below: City Selection method Rotation Boulder Public selection by Finance Committee Not mandatory Loveland Staff run, staff selected Not mandatory Aurora Staff run, Council adopted 5-year partner rotation; no mandatory firm rotation Larimer County One commissioner participates with staff committee Not mandatory, like to rotate every 10 years CO Springs Finance/Audit Committee decides Have in practice rotated every 5 years, but not codified Staff recommends to Council a 10-year rotation requirement for accounting firms (2 consecutively awarded 5- year periods), with a mandatory rotation of the lead partner after the first 5-year period concludes. This recommendation allows efficiencies and continuity to be gained throughout the contract term between audit staff and City staff while also ensuring fresh perspectives are introduced at regular intervals. CITY FINANCIAL IMPACTS Staff sees no direct financial impact from the proposed amendments and additions. BOARD / COMMISSION RECOMMENDATION The Finance Committee supported adoption at its June 18, 2018 meeting. ATTACHMENTS 1. Council Finance Committee minutes, June 18, 2018 (draft) (PDF) 11 Packet Pg. 115 COUNCIL FINANCE COMMITTEE June 18, 2018 Minutes Excerpt (draft) E. CFC Auditor Selection - Selection of independent auditor for City, PFA, and Library Travis Storin, Accounting Director John Voss, Controller EXECUTIVE SUMMARY The purpose of this item is to solicit consensus from the Committee regarding: • The process for selecting an independent auditor for an up-to five-year period • Potential Code modifications to resolve public disclosure limitations and increase transparency with respect to audit selection • Perspective on the candidacy of incumbent firms A Request for Proposal (RFP) will be issued this summer for audit services. The process is designed to ensure that the selected firm meets the City’s requirements and has the knowledge, experience, and reputation in auditing similar entities. An annual external audit by an independent CPA firm is required by Statute, Charter, debt covenants, and virtually all grant agreements. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff seeks input on: • Evaluation criteria for selection of the independent auditor • Desired modification to historical processes for selection, if any • Support for Code amendment to allow Committee participation in an open public meeting BACKGROUND/DISCUSSION Code Amendment Current City Code precludes the Committee from holding a meeting to interview service providers. Code Section 8-158(f) limits public disclosure of interview information, while City Charter Article II, Section 11 and Code Section 2-31 preclude the use of executive session for this purpose. In order to allow the interview process to remain with the Committee, Staff recommends modifying Section 8-158(f) for audit services specifically to allow the interviews to be conducted in public before the Committee. Auditor Rotation Multi-year contracts are limited to 5 years by City Code. The City does not have a mandatory auditor rotation policy and would allow evaluation of the incumbent. GFOA best practice guidance acknowledges that private sector and publicly-traded, SEC filing entities have rotation practices mandated by regulatory authorities or their own bylaws. In the public sector, GFOA cautions that sometimes it is difficult to get enough qualified responses if the incumbent is disallowed. ATTACHMENT 1 11.1 Packet Pg. 116 Attachment: Council Finance Committee minutes, June 18, 2018 (draft) (6917 : Selection of Independent External Auditor) COUNCIL FINANCE COMMITTEE June 18, 2018 Minutes Excerpt (draft) The below table shows a 30-year history of audit firms the City has engaged. 1983 Ericson, Hunt, Spelman 1995 Bondi 2007 Bondi 1984 Ericson, Hunt, Spelman 1996 Bondi 2008 McGladrey & Pullen 1985 KPMG 1997 Bondi 2009 McGladrey & Pullen 1986 KPMG 1998 Bondi 2010 McGladrey 1987 KPMG 1999 Bondi 2011 McGladrey 1988 Price Waterhouse 2000 Bondi 2012 McGladrey 1989 Price Waterhouse 2001 Bondi 2013 McGladrey 1990 Price Waterhouse 2002 Bondi 2014 McGladrey 1991 Price Waterhouse 2003 Bondi 2015 McGladrey 1992 Price Waterhouse 2004 Bondi 2016 RSM (McGladrey) 1993 Bondi 2005 Bondi 2017 RSM (McGladrey) 1994 Bondi 2006 Bondi Timeline and Process Staff proposes to release a Request for Proposal (RFP) in July. The proposed evaluation criteria, all to be equally weighed at 25% and in no particular order, would be: • Scope of proposal • Assigned personnel qualifications • Cost and work hours • Firm capability & reputation A staff committee, including staff members from City, Library and PFA would evaluate written proposals and recommend the top 2-3 firms for presentation to the Finance Committee. Interviews would be conducted at the September Finance Committee meeting with the City Purchasing Director serving as Purchasing Agent and facilitator. The Committee’s recommendation would be presented to the full Council for adoption via Resolution, thereby authorizing the Purchasing Agent to enter into an agreement with the awarded firm for the 2018 fiscal year audit, renewable annually through the 2022 audit. Discussion / Next Steps: Ken S: does the same team do the audit each year? Travis: The management team from the company is the same and the staff rotates by about 50%. There are 4 Auditors, 2 of the Auditors are returning and 2 are new. We have no concern with RSM’s quality of work. We just want to ensure the best possible Audit and that we satisfy independence in fact and appearance. Ross: Yes to question 1. I agree with doing a rotation, whether it be every 5 years or 10 years. Yes, I support the timeline. 11.1 Packet Pg. 117 Attachment: Council Finance Committee minutes, June 18, 2018 (draft) (6917 : Selection of Independent External Auditor) COUNCIL FINANCE COMMITTEE June 18, 2018 Minutes Excerpt (draft) Ken S: I agree with Ross. I’m not sure if I’m comfortable with a proposal by the incumbent (RSM)? Since we are looking at enforcing turn-over, that might not be appropriate. Mayor Troxell: I am supportive of what needs to be done. Travis: I should mention that the URA, Library and PFA use our Auditor selection, so this would affect them as well. 11.1 Packet Pg. 118 Attachment: Council Finance Committee minutes, June 18, 2018 (draft) (6917 : Selection of Independent External Auditor) -1- ORDINANCE NO. 101, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 8-158 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE CITY’S PROCUREMENT OF SERVICES FOR AN ANNUAL INDEPENDENT AUDIT OF THE CITY’S FINANCIAL RECORDS WHEREAS, the City Council is required by Section 17 in City Charter Article II to provide an annual independent audit of the City’s books and accounts conducted by a public accounting firm; and WHEREAS, City Code Section 8-158 sets out the process by which such accounting services, as well as similar professional services, are procured by the City through competitive sealed proposals; and WHEREAS, this procurement process is typically conducted administratively by the City’s Purchasing Agent and other City staff, but because of the requirements in Section 17 of Charter Article II that the City Council provide for an annual independent audit, this process has historically been conducted, with assistance from the Purchasing Agent, by the Council Finance Committee reviewing the proposals and conducting the interviews of the offerors in a public meeting and making a recommendation to City Council, with the Council then making the final decision in a public meeting to select the firm; and WHEREAS, this Ordinance amends Code Section 8-158 to take into account that this process will occur in public meetings because it is being conducted by the Council Finance Committee and the City Council; and WHEREAS, this Ordinance is necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 8-158 of the Code of the City of Fort Collins is hereby amended to read: Sec. 8-158. - Competitive sealed proposals. (a) Procurements for the following are eligible for award by competitive sealed proposals: (1) Materials and services when the Purchasing Agent determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City; Packet Pg. 119 -2- (2) Professional services; and (3) City improvements when the Purchasing Agent determines that the use of alternative delivery methods will provide substantial benefit to the City while retaining sufficient competitive pricing and/or performance. (b) Procurements accomplished pursuant to this Section shall be solicited through a request for proposals. (c) Public notice shall be given and shall include the proposal title, place, date and time of proposal opening. (d) Except as provided in paragraph (m) of this Section, Pproposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. (e) A register of proposals shall be maintained containing the name of each offeror and shall be open for public inspection after the award of the contract in the office of the Purchasing Agent in the same manner as are other public records. (ef) The request for proposals shall state evaluation factors and their relative importance. (fg) After proposal opening, interviews may be conducted with the highest ranked responsible offeror or offerors for the purpose of clarification and to assure full understanding of, and responsiveness to, solicitation requirements. Offerors selected for interview shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted after submissions and prior to award in order to reflect clarifications in the proposal's scope of work or contract amount. (h) Except as provided in paragraph (m) of this Section, Iin conducting interviews, there shall be no disclosure by the City or any officer, employee or committee thereof, of any information derived from proposals submitted by competing offerors, nor shall there be any disclosure of information discussed by the evaluation committee in selecting the highest ranked offeror(s). (i) After the contract has been awarded and a written contract executed with the selected offeror(s), the total points of the evaluation committee will be retained by the Purchasing Agent for a period of time consistent with the City's record retention policy. (j) Except as provided in paragraph (m) of this Section, Iindividual rating sheets and notes prepared or utilized by members of the evaluation committee shall not be made available for public inspection. (gk) The contract shall be awarded with reasonable promptness by written notice to the responsible offeror whose proposal is determined in writing to be the most advantageous Packet Pg. 120 -3- to the City, taking into consideration the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. (hl) The Purchasing Agent is authorized to negotiate the final price and precise scope of work with the selected offeror. (m) If the proposals are for the services of a public accounting firm to conduct the annual independent audit of the City’s books and accounts as required in Section 17 of Charter Article II, those proposals shall be reviewed and the interviews conducted by the City Council or a committee of the Council in a public meeting and the selection by Council shall be conducted in a public meeting. In conducting such review, interviews and selection, the City Council and committees of the Council shall not be subject to the provisions in paragraphs (d), (h) and (j) of this Section. (n) No public accounting firm selected to conduct the City’s annual independent audit shall be eligible to be selected under this Section to conduct that audit for more than two (2) consecutive five (5) year terms. In addition, any firm conducting the audit for five (5) consecutive years shall not be eligible to participate in a new competitive sealed proposal and be selected unless the firm assigns a new lead partner to conduct the audit under the new contract with a term of one (1) to five (5) years. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 121 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Helen Matson, Real Estate Services Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 102, 2018, Amending Article IV, Division 2 of Chapter 23 of the Code of the City of Fort Collins Regarding Real Property. EXECUTIVE SUMMARY The purpose of this item is to amend various Sections of Article IV, Division 2 of Chapter 23 in City Code as it pertains to real property. Article IV was reviewed to find areas where the language could be improved and to make changes to these areas to streamline the process STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 23-111 - Authorization to sell real property. Staff recommends that paragraph (a) specifically include the right to "exchange" property as well as to sell, convey, or otherwise dispose of any and all interests in property. The other suggested change to this section is to paragraph (e). This section currently states that the Mayor is authorized to execute all leases, deeds and other instruments of conveyance; but sometimes it is useful for the City Council to be able to authorize the City Manager to sign such documents. Therefore, staff recommends amending paragraph (e) to specifically allow for that. Section 23-112 – Form of deeds; signature and seal. Section 23-112 currently states that instruments executed by the Mayor and attested by the City Clerk are deemed prima facie evidence of compliance with all the requirements of Division 2. Staff recommends adding instruments executed by the City Manager. Section 23-117 – Acceptance of Deeds and Easements. Staff recommends adding a new Section 23-117 regarding acceptance of deeds and easements, stating that instruments of conveyance properly executed by the Mayor or City Manager and attested by the City Clerk, or proof that the City paid consideration for property conveyed to the City whether or not the instrument of conveyance was executed by the City, will be prima facie evidence that the City has accepted ownership of the property interests conveyed by such instrument. The purpose of this change is to eliminate or at least reduce the number of items brought to the City Council on the “Routine Deeds and Easements” portion of the agenda for Council meetings, as the purpose and use of that process is confusing and the process may not be used consistently. 12 Packet Pg. 122 -1- ORDINANCE NO. 102, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING REAL PROPERTY WHEREAS, the provisions of Division 2 of Article IV of Chapter 23 of the City Code (“Division 2”) govern the disposition of real property by the City; and WHEREAS, in 2014 the City Council adopted Ordinance No. 085, 2014, which amended Section 23-113 of the City Code to authorize the City Manager to enter into leases of City property for a term of five years or less without formal action by the City Council; and WHEREAS, in 2017 the City Council adopted Ordinance No. 050, 2017, which amended Section 23-116 of the City Code to authorize the City Manager to grant a license or permit for the use of City property for up to five years, instead of one year; and WHEREAS, Real Estate staff and the City Attorney’s staff have conducted an overall review of Division 2 and are recommending amendments that would update two provisions and add a new Code section; and WHEREAS, the suggested changes would (1) clarify that the City Council can authorize the exchange of property; (2) state that the City Council can authorize the City Manager, as well as the Mayor, to sign instruments of conveyance; (3) add that such instruments signed by the City Manager and attested by the City Clerk shall be prima facie evidence of compliance with the requirements of Division 2; and (4) add a new Code section stating what constitutes prima facie evidence that the City has accepted ownership of a property interest; and WHEREAS, the purpose of these amendments is to give the City additional flexibility in completing the necessary processes for the conveyance of property, and to reduce the need to use the “Routine Deeds and Easements” process at City Council meetings to formalize acceptance by the City of certain property interests; and WHEREAS, the City Council finds it is in the best interests of the City to make amendments to Division 2 as described above. 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 23-11 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-111. - Authorization to sell real property. Packet Pg. 123 -2- (a) The City Council is hereby authorized to sell, convey, exchange or otherwise dispose of any and all interests in real property owned in the name of the City, whether the interest in real property is obtained by tax deed or otherwise, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. … (e) The Mayor is authorized to execute all leases, deeds and other instruments of conveyance. The City Council may also authorize the City Manager to execute such instruments of conveyance. Section 3. That Section 23-112 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-112. - Form of deeds; signature and seal. All leases, deeds and other instruments of conveyance executed by “The City of Fort Collins, by the Mayor,” or “The City of Fort Collins, by the City Manager,” attested by the City Clerk with the official seal of the City affixed thereto and purporting to have been made pursuant to the provisions of this Division, shall be deemed prima facie evidence of due compliance with all the requirements of this Division. Section 4. That Division 2 of Article IV of Chapter 23 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 23-117 to read in its entirety as follows: Sec. 23-117. Acceptance of Deeds and Easements. (a) All deeds, easements and other instruments of conveyance to the City executed by “The City of Fort Collins, by the Mayor,” or “The City of Fort Collins, by the City Manager,” attested by the City Clerk with the official seal of the City affixed thereto, shall be deemed prima facie evidence that the City has accepted ownership of the property interests conveyed by such deed, easement, or other instrument of conveyance. (b) Proof that the City paid consideration for property interests conveyed to the City by a deed, easement or other instrument of conveyance, whether or not executed by the City as described in subparagraph (a), shall be deemed prima facie evidence that the City has accepted ownership of the property interests conveyed by such deed, easement, or other instrument of conveyance. (c) The absence of the elements described in subparagraphs (a) and (b) shall not necessarily invalidate a deed, easement or other instrument of conveyance if there is other reliable evidence that the City has accepted ownership of the property interests intended to be conveyed. Packet Pg. 124 -3- Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 125 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the East Gateway Annexation. EXECUTIVE SUMMARY A. Resolution 2018-069 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 103, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on June 5, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins has received a written petition requesting annexation of three properties known collectively as the East Gateway Annexation. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on the north and south perimeter with the following annexations: 1. Kirschner Annexation, December 1993 2. Peterson Annexation, July 2006 13 Packet Pg. 126 Agenda Item 13 Item # 13 Page 2 3. Interchange Business Park Third Annexation, 2005 4. Interchange Business Park Second Annexation, 2005 As a result, there is 16.71% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications The annexation will create the East Mulberry Enclave which closely coincides with the East Mulberry Corridor Plan boundary adopted in 2002 (updated in 2003). The Plan was developed after a two-year joint planning effort between Larimer County and the City of Fort Collins. Though an enclave will be created after annexation of the subject properties, Colorado Revised Statutes require municipalities to wait three years until annexation can be initiated without property owner consent. Based on the anticipated schedule of the East Gateway Annexation, a future City Council could consider annexation of the East Mulberry Enclave as soon as September 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 1.77-acre annexation. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the properties be placed into the General Commercial (C- G), Low Density Mixed Use Neighborhood (L-M-N) and Industrial (I) zone districts. (Attachment 4) PUBLIC OUTREACH Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty- five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty-four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals attended the two events but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; 3. The annexation will likely occur in phases over an extended period; and 4. A fiscal impact assessment will be conducted in 2019-2020. Additional information about the questionnaire results, community comments, and material presented at the open house meeting can be seen in Attachment 3. All required mailings and postings per Section 2.12 (Annexation of Land) of the Land Use Code have been followed. 13 Packet Pg. 127 Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Petition and Map (PDF) 3. East Mulberry Corridor Enclave Open House Summary (PDF) 4. Planning and Zoning Board minutes, May 17, 2018 (PDF) 13 Packet Pg. 128 E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _____________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ________________________________ (_____) acres, is more particularly described on Attachment “A,” attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________________________________________________________________ Zone District pursuant to the Land Use Code of the City of Fort Collins. ATTACHMENT 2 13.2 Packet Pg. 130 Attachment: Annexation Petition and Map (6912 : East Gateway Annexation) 13.2 Packet Pg. 131 Attachment: Annexation Petition and Map (6912 : East Gateway Annexation) A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. ------------------------------------------------------------------------------------------------------------------------------- I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\East Gateway Annexation\ Legals\E Gateway Annex Lgl.doc ATTACHMENT "A" 13.2 Packet Pg. 132 Attachment: Annexation Petition and Map (6912 : East Gateway Annexation) Packet Pg. 133 Attachment: Annexation Petition and Map (6912 : East Gateway Annexation) Packet Pg. 134 Attachment: Annexation Petition and Map (6912 : East Gateway Annexation) 13.2 Packet Pg. 135 Attachment: Annexation Petition and Map (6912 : East Gateway Annexation) Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax DATE: May 9, 2018 TO: Darin Atteberry, City Manager FROM: Cameron Gloss, Planning Manager THRU: Tom Leeson: Community Development & Neighborhood Services Director Laurie Kadrich, Planning, Development & Transportation Services Director Jeff Mihelich, Deputy City Manager RE: East Mulberry Corridor Enclave Open House Summary Background In advance of the initiating resolution for the East Gateway Annexation, which creates the East Mulberry Enclave, the City Council requested that staff engage the affected community in a dialogue about a potential enclave annexation that a future City Council may consider as early as July 2021. East Mulberry Open House Events Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals were in attendance at the two events, but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; ATTACHMENT 3 13.3 Packet Pg. 136 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 2 3. The annexation will likely occur in phases over an extended period. 4. A fiscal impact assessment will be conducted in 2019-2020. Questionnaire Results To better understand possible changes in the public’s perception of the East Mulberry Corridor area over time, the same questionnaire was issued at the open houses as that distributed 17 years ago during the East Mulberry Corridor planning process. Comparing and contrasting the questionnaire summary graphs from these two periods (see comparison on the following two pages) appears to indicate some changes in the community’s perceptions and the priorities for public and private investment in the future. When comparing the question about the degree of satisfaction with existing conditions, there was an increased level of dissatisfaction within most categories reviewed. The biggest drops in satisfaction included: x personal safety/security x traffic congestion x bicycle and pedestrian safety x storm drainage x grocery store and retail availability, and x the appearance of buildings, landscaping and signs. With respect to future opportunities, respondents expressed greater interest in: x improvements to bicycle and pedestrian facilities x street improvements x more wildlife/natural areas x improving traffic flow x improvement in overall appearance x provision of a supermarket x increased police service, and x storm drainage improvements Arguably, the sample size of the most recent questionnaire is smaller, but it may still provide a general sense of the community’s perception of the challenges and opportunities within the East Mulberry Corridor. List of Attachments A. Questionnaire Summary and Citizen Comments B. East Mulberry Chronology display C. Frequently Asked Questions handout D. East Mulberry Corridor Framework Plan Map 13.3 Packet Pg. 137 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 3 2001- Are you satisfied with conditions in the Corridor now? 2018 - Are you satisfied with conditions in the Corridor now? 0% 20% 40% 60% 80% 100% Convenience Store Availability Outdoor Storage Appearance Wildlife / Natural Areas Protection Snow Removal / Street Sweeping Public Transit Availability Retail Shopping Availability Storm Drainage Recreation Availability Personal Safety / Security Grocery Store Availability Signage Appearance Bldg. / Landscaping Appearance Traffic Flow Street Conditions Pedestrian Bicycle Safety Very Satisfied Satisfied Dissatisfied Very Dissatisfied No Opinion 13.3 Packet Pg. 138 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 4 2001 - What potential opportunities for change in the Corridor are most important? 2018 - What potential opportunities for change in the Corridor are most important? 0% 20% 40% 60% 80% 100% New Pedestrian and Bike Lanes Improve Streets More Wildlife / Natural Areas Improving Traffic Flow Better Overall Appearance Increase Police Services Expand Public Transit Improve Snow Removal / Sweeping Better Storm Drainage More Small Businesses New Supermarket More Public Facilities More Retail Shopping More Employers More Housing More Convenient Stores More Travel Related Businesses More Industrial / Storage Areas Very Important Important Not Important No Opinion 13.3 Packet Pg. 139 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 5 What are the top five issues related to current conditions? x Traffic flow x pedestrian usage x business accessibility x no grocery storage (need badly) x lacking sufficient public transit x problematic road conditions due to drainage x intersections that are a mess and dysfunctional x too much traffic during peak times x no turn lanes at Greenfield to turn left x stoplight at summit view and mulberry is confusing x don’t want higher taxes x don't think there will be a change in vagrancy x will be too long for positive changes to be made x traffic flow from this area to south - Prospect/Mulberry accessibility to make turns off Prospect and Mulberry x Sleazy hotels on north side of Mulberry x Lighting - darkest major street in Fort Collins x E. Locust street never maintained until construction started on Mulberry x bldg. / landscaping appearance x street conditions x storm drainage x snow removal x improved road network - access, conditions x high criminal activity - hotel areas x lack of restaurants x Lighting - darkest major street in Fort Collins x sidewalks - pedestrian areas x access road is incomplete and difficult to access (Frontage Road) x closest grocery store is on Lemay x no bicycle lanes x signage @ frontage roads horrific - no one see the "no turn on red" signs and can be very dangerous x neighborhood streets are horrific - esp. Riverbend Dr. x traffic flow with frontage roads is haphazard, can be dangerous x pedestrian bicycle safety x road conditions x wildlife / natural areas x personal safety / security x grocery store x medians suck aesthetically x safety x street conditions x traffic flow x pedestrian access 13.3 Packet Pg. 140 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 6 x homeless population x stop at summit view x Adequate intersection traffic flow both Mulberry and Greenfields and Prospect and Summit View x traffic lights on Mulberry and Greenfields x Dangerous, no right of way especially turning left to west or north frontage turning east (many people doing U-turns at intersection) x Road Repair - no money, county not stepping up - especially on Locust Street where old HOA still in effect - no one has money within HOA area to make road repairs - that is a joke that the HOA a poor excuse. x Need pedestrian walkways x Street conditions are poor x Traffic is poor and gets backed up x there are no natural areas x There is no retail shopping but 1 new one x Convenience store availability x Recreation availability x traffic flow x Personal safety x Grocery availability x Road conditions x Road drainage; snow removal x Shoddy appearance of businesses along Mulberry x Security and law enforcement response time x Concern with appearance of the low rate hotels and their clients x street appearance x code enforcement x Prospect - Summit View intersection x Costs of Boxelder sanitation x Bike / walk / trail lanes x No common requirements for appearance What are the top five potential opportunities for change? x safer walkways / bicycle lanes - many people walking due to hotels x set standards for hotels - landscaping included x street lights - need right of way - a free for all right now x road repair in community, i.e. sunrise acres x community parks and sidewalks and trails x improved law enforcement x street lighting x storm drainage x improved roads / traffic flow x better overall gateway to Fort Collins x Change aesthetic for visitors to Fort Collins. If you come into town it looks like a dump until Riverside. x Options for PWR, H2O, rebates x Improving safety of roadways, better traffic flow x More businesses, especially grocery store 13.3 Packet Pg. 141 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 7 x improving neighborhood roads x by having city police services, allows sheriff dept. to improve coverage of more rural / mountain areas x road network improvements x reduced vagrant activity - criminal activity x better restaurants x increased lighting x cleaner areas x better streets x storm sewer x public transit x need a city park in this area x forcing hotel clean up and vagrants - hopefully lighting will change that x safety x no change x less traffic jams x affordable housing x accessible streets and sidewalks x public transit x better drainage and street maintenance x improve interchanges (intersections) x Need pedestrian walkways Appearance x Main corridor for CSU and Old Town x Improved roads x Improved traffic flow x Improved appearance of businesses through landscaping x Improved security for residents and businesses x Improved snow removal x Better overall appearance x Better storm drainage x Improved streets x Improved traffic flow x More wildlife / natural areas What's your vision for the East Mulberry Corridor over the next 20 years? x less low-class hotels x better exit lanes off I-25 to Mulberry and Prospect x additional lanes on Mulberry x Figure infrastructure out before adding housing x nice traffic flow x quit taking wildlife and nature areas x Premier entrance to Fort Collins x Brought to a nice standard but the city of Fort Collins is terrible to develop with. Have standards but calm down on some of the BS. x more services available to neighborhoods i.e.. Groceries, small businesses x a gateway into Fort Collins that is as appealing as the city itself 13.3 Packet Pg. 142 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 8 x East Mulberry is the gateway to Old Town, the jewel of the city. Mulberry to College Ave should be a "wow" experience, leading to Old Town. The beauty of the new bridge on Mulberry, west of Lemay, should be carried all the way to I-25. x similar to Harmony x better welcome corridor for visitors x another harmony road x to stay the same x not sure, worried in general about proposed population growth of area and how horrible traffic will be x improved appearance coming into city x traffic congestion eased x multi-use with creative integration of people and wildlife x new and creative mix of residential and small market gardens and low-density livestock x MAX style transit connecting I-25 and downtown transit center Should look more like Harmony Road x Should look more like Harmony Road x More attractive landscaping and businesses x Better regulation of types of businesses x Increased police patrol x Nice mid-price range restaurants x Supermarket at east end of Mulberry x A well-planned, balanced corridor that would give Fort Collins high mark as a city to live in x Become more user friendly: shopping, services provided by the city, better roads and traffic flow. x Better public transportation 13.3 Packet Pg. 143 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Page 9 13.3 Packet Pg. 144 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Annexation FAQ 1 1. Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. 2. What is an Enclave? What is an enclave? An enclave is a property, or group of properties, that are located in unincorporated Larimer County but, due to urban growth and development over time, are now surrounded by the City of Fort Collins municipal boundary. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexation phases totaling 1,603 acres (2.7 square miles) annexed into the City between 2006 and 2013. Five enclaves were annexed into the City of Fort Collins in 2015 - 2018. 3. Zoning and Land Use What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in. However, if the nonconforming use is discontinued for 12 consecutive months, the nonconforming use is then considered “abandoned” and will not be able to continue. 13.3 Packet Pg. 145 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Annexation FAQ 2 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt certain private covenants related to resource conservation, as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 4. Utility Services Why make us a pay an electric surcharge when we the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the REA 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. At this time, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. 13.3 Packet Pg. 146 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Annexation FAQ 3 What is the Stormwater Fee: Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on: What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and you are within 400 feet of the municipal sewer system you will be required to connect to the sewer system. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by ELCO Water District and Boxelder Sanitation District (if not currently on septic). 1 An additional 25% REA adder will be applied to the kWh rate once calculated at the end of a billing cycle and will not be applied towards the monthly fixed charge. Monthly Residential Electric Rates1 Summer (Jun-Aug) Non-Summer (Sept-May) Poudre Valley REA Fixed Charge, per month $6.14 $6.14 $24.50 Usage Charge, per kWh $.0.09396 First 500 kWh, per kWh $0.09434 $0.08893 Next 500 kWh, per kWh $0.11268 $0.09339 All additional kWh $0.14904 $0.10335 13.3 Packet Pg. 147 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Annexation FAQ 4 5. Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. ELCO Water District No, sales tax is not assessed to the ELCO Water District. Boxelder Sanitation District No, sales tax is not assessed to the Boxelder Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 13.3 Packet Pg. 148 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Annexation FAQ 5 What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2015: State of Colorado 2.9% Larimer County 0.65% Total Sales Tax (Larimer County) 3.55% City of Fort Collins 3.85% 3.85% Tax includes x 2.25% Base Rate x .25% Community Capital Improvement Program (Expires 2025) x .25% Street Maintenance (Expires 2025) x .25% Open Space (Expires 2030). x .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.40% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Jennifer Poznanovic, jpoznanovic@fcgov.com 13.3 Packet Pg. 149 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) Annexation FAQ 6 6. Other Commonly Asked Questions Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? x Faster police response time x Voting for a Mayor and Council Member (District 3) x Less Expensive Electric Rates x Urban level services x Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://clients.comcate.com/newrequest.php?id=150 you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. 13.3 Packet Pg. 150 Attachment: East Mulberry Corridor Enclave Open House Summary (6912 : East Gateway Annexation) DRAFT - EXCERPT Jeff Schneider, Chair City Council Chambers Jeff Hansen, Vice Chair City Hall West Jennifer Carpenter 300 Laporte Avenue Michael Hobbs Fort Collins, Colorado Ruth Rollins William Whitley Cablecast on FCTV Channel 14 & Channel 881 on Comcast 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 (TDD 224- 6001) for assistance. Regular Hearing May 17, 2018 Minutes Excerpt for East Gateway Annexation Chair Schneider called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hobbs, Rollins, Schneider and Whitley Absent: Hansen Staff Present: Gloss, Yatabe, Tatman-Burruss, Frickey, Kleer, Wray, Bethurem Harras, Sullivan, Beane and Gerber ***BEGIN EXCERPT*** 5. East Gateway Annexation and Zoning, ANX 180001 Project Description: This is a request to annex and zone 1.77-acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will enclave the East Mulberry Corridor. In accordance with the City’s Structure Plan Map, the requested zoning for this annexation is Industrial (I), General Commercial (C-G), and Low Density Mixed-Use Neighborhood (L-M-N). Recommendation: Approval Secretary Gerber reported that no citizen communications have been received. Planning and Zoning Board Minutes ATTACHMENT 4 13.4 Packet Pg. 152 Attachment: Planning and Zoning Board minutes, May 17, 2018 (6912 : East Gateway Annexation) DRAFT - EXCERPT Planning & Zoning Board May 17, 2018 Page 2 of 2 Staff and Applicant Presentations Planner Kleer gave a brief overview of this project that included a PowerPoint presentation. The applicant is requesting industrial low-density mixed-use neighborhood and general commercial zoning. This is consistent with the structure plan map. Neighborhood outreach and presentations were conducted. No applicant team for this item. Public Input (3 minutes per person) Barbara Trivarton, Cloverleaf Community, is curious on how this annexation is going to affect her community. She received communication that there will be 20’ taken from her property and is wondering if this is a buffer zone, or if it will be built on as it includes their entryway. There is also a drainage ditch located on the property for annexation that has been grandfathered in, she is wondering if this is going to be changed as their property uses this ditch for drainage. At one point the CDOT property was due to have a frontage road placed if the property is sold. Is this true? Mrs. Trivarton asked if there will there be emergency access to the property. Staff Response Planner Kleer responded to the first question regarding the 20’ buffer by stating that it is unlikely that it will ever be developed or redeveloped just by being annexed into the City of Fort Collins. The second question regarding the drainage ditch, Planner Kleer is uncertain. As for the CDOT property, there will be frontage road realignment upon future development. In response to the last question, Planner Gloss stated further discussion will be had with the applicant. Chair Schneider explained that at this time we are not to the level of detail with this project, this level of detail comes in at the PDP stage. Member Rollins asked for clarification regarding the ownership of the 20’ strip of property, entity or individual. Planner Kleer stated it was owned and administered by Tower Management, LLC. Member Rollins asked for clarification on the drainage ditch and the impact of this annexation. Planner Gloss stated they will have to look into the ditch. Chair Schneider questioned if this would also be covered at the detailed PDP stage. Planner Gloss stated that it will with the project to the West, however, from the citizens comment and perception of impact from the property owned by the Cloverleaf Mobile Home Park, it would be different. The remaining land to the East may at some point be annexed by Timnath. Member Rollins asked if some of the property belongs to the mobile home park. Planner Gloss responded that was correct. Board Questions / Deliberation Chair Schneider asked for clarification as to what zoning happened before annexation, or if it could be combined into one motion. Mr. Yatabe stated he felt they could combined them into one motion as long as they are congruent motions. Member Hobbs made a motion that the Fort Collins planning and Zoning Board forward a recommendation to City Council for approval of the Annexation and requested zoning of industrial I general commercial CG and low-density mixed-use neighborhood L-M-N based on the agenda materials and the information and materials presented during the work session and this hearing, the board discussion and citizen participation that we have heard tonight. Member Carpenter seconded. Chair Schneider commented that this does create a pretty large enclave that hopefully staff will look at doing in phases. Vote: 5:0 ***END EXCERPT*** 13.4 Packet Pg. 153 Attachment: Planning and Zoning Board minutes, May 17, 2018 (6912 : East Gateway Annexation) -1- RESOLUTION 2018-069 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST GATEWAY ANNEXATION WHEREAS, pursuant to Resolution 2018-060, annexation proceedings were initiated by the City Council for property to be known as the East Gateway Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on July 17, 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. 154 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of July, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 155 -1- ORDINANCE NO. 103, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-060 finding substantial compliance and initiating annexation proceedings for the East Gateway Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-069 setting forth findings of fact and determinations regarding the East Gateway Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the East Gateway Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2018-060 and Resolution 2018-069 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; Packet Pg. 156 -2- THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East Gateway Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service Packet Pg. 157 -3- lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 158 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 104, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I), which conforms to the larger surrounding area. Context The surrounding zoning and land uses are as follows: ZONING LAND USES N Industrial (I) and Urban Estate (U-E) Agriculture S General Commercial (C-G) Drive-thru restaurant, McDonald’s; Limited Indoor Recreation, The Edge Sports Center E County, M1 Multiple-Family and C Multiple Family Mobile Home Park, Cloverleaf Community W County, I Industrial and C Industrial Helicopter Repair and Parts Sales, Heli-One; Warehouse and Agriculture Zoning The proposed zoning for the subject annexation is a combination of General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. These districts are intended to be a setting for development, redevelopment and infill of a wide range of industrial, residential, community and regional retail uses, offices and personal and business services. However, because the restrictive size and shape of the annexation, future development is likely unfeasible on the annexed properties. Therefore, the recommended 14 Packet Pg. 159 Agenda Item 14 Item # 14 Page 2 zoning for this annexation is procedural and consistent with land use designations as prescribed by the City of Fort Collins Structure Plan Map. Residential Neighborhood Sign District Land Use Code Section 3.8.7.1(E) established the Residential Neighborhood Sign District for the purpose of “regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominately residential use and character.” Based upon the proposed zoning, size, and location of the property being annexed and zoned, the property does not advance the purpose of the Residential Neighborhood Sign District and staff is not recommending that any of the property be placed into the Residential Neighborhood Sign District. In particular, the property proposed to be zoned Low Density Mixed Use Neighborhood (L-M-N) is a narrow strip of property inappropriate for development. Additionally, it abuts property to the west designated for zoning as General Commercial upon annexation and the property to the east is expected to become part of the Town of Timnath’s future Growth Management Area. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the subject properties be placed into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. (Attachment 3) PUBLIC OUTREACH Given the surrounding context of the East Gateway annexation and the relatively small size of the properties, no public outreach in relation to the zoning was conducted. However, all required mailings and postings per Section 2.9 (Amending the Zoning Map) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning Map (PDF) 2. Structure Plan Map (PDF) 3. Planning and Zoning Board minutes, May 17, 2018 (excerpt) (PDF) 14 Packet Pg. 160 E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir S u ncha s e Dr Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fro n tage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o DRAFT - EXCERPT Jeff Schneider, Chair City Council Chambers Jeff Hansen, Vice Chair City Hall West Jennifer Carpenter 300 Laporte Avenue Michael Hobbs Fort Collins, Colorado Ruth Rollins William Whitley Cablecast on FCTV Channel 14 & Channel 881 on Comcast 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 (TDD 224- 6001) for assistance. Regular Hearing May 17, 2018 Minutes Excerpt for East Gateway Annexation Chair Schneider called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hobbs, Rollins, Schneider and Whitley Absent: Hansen Staff Present: Gloss, Yatabe, Tatman-Burruss, Frickey, Kleer, Wray, Bethurem Harras, Sullivan, Beane and Gerber ***BEGIN EXCERPT*** 5. East Gateway Annexation and Zoning, ANX 180001 Project Description: This is a request to annex and zone 1.77-acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will enclave the East Mulberry Corridor. In accordance with the City’s Structure Plan Map, the requested zoning for this annexation is Industrial (I), General Commercial (C-G), and Low Density Mixed-Use Neighborhood (L-M-N). Recommendation: Approval Secretary Gerber reported that no citizen communications have been received. Planning and Zoning Board Minutes ATTACHMENT 3 14.3 Packet Pg. 163 Attachment: Planning and Zoning Board minutes, May 17, 2018 (excerpt) (6915 : East Gateway Zoning) DRAFT - EXCERPT Planning & Zoning Board May 17, 2018 Page 2 of 2 Staff and Applicant Presentations Planner Kleer gave a brief overview of this project that included a PowerPoint presentation. The applicant is requesting industrial low-density mixed-use neighborhood and general commercial zoning. This is consistent with the structure plan map. Neighborhood outreach and presentations were conducted. No applicant team for this item. Public Input (3 minutes per person) Barbara Trivarton, Cloverleaf Community, is curious on how this annexation is going to affect her community. She received communication that there will be 20’ taken from her property and is wondering if this is a buffer zone, or if it will be built on as it includes their entryway. There is also a drainage ditch located on the property for annexation that has been grandfathered in, she is wondering if this is going to be changed as their property uses this ditch for drainage. At one point the CDOT property was due to have a frontage road placed if the property is sold. Is this true? Mrs. Trivarton asked if there will there be emergency access to the property. Staff Response Planner Kleer responded to the first question regarding the 20’ buffer by stating that it is unlikely that it will ever be developed or redeveloped just by being annexed into the City of Fort Collins. The second question regarding the drainage ditch, Planner Kleer is uncertain. As for the CDOT property, there will be frontage road realignment upon future development. In response to the last question, Planner Gloss stated further discussion will be had with the applicant. Chair Schneider explained that at this time we are not to the level of detail with this project, this level of detail comes in at the PDP stage. Member Rollins asked for clarification regarding the ownership of the 20’ strip of property, entity or individual. Planner Kleer stated it was owned and administered by Tower Management, LLC. Member Rollins asked for clarification on the drainage ditch and the impact of this annexation. Planner Gloss stated they will have to look into the ditch. Chair Schneider questioned if this would also be covered at the detailed PDP stage. Planner Gloss stated that it will with the project to the West, however, from the citizens comment and perception of impact from the property owned by the Cloverleaf Mobile Home Park, it would be different. The remaining land to the East may at some point be annexed by Timnath. Member Rollins asked if some of the property belongs to the mobile home park. Planner Gloss responded that was correct. Board Questions / Deliberation Chair Schneider asked for clarification as to what zoning happened before annexation, or if it could be combined into one motion. Mr. Yatabe stated he felt they could combined them into one motion as long as they are congruent motions. Member Hobbs made a motion that the Fort Collins planning and Zoning Board forward a recommendation to City Council for approval of the Annexation and requested zoning of industrial I general commercial CG and low-density mixed-use neighborhood L-M-N based on the agenda materials and the information and materials presented during the work session and this hearing, the board discussion and citizen participation that we have heard tonight. Member Carpenter seconded. Chair Schneider commented that this does create a pretty large enclave that hopefully staff will look at doing in phases. Vote: 5:0 ***END EXCERPT*** 14.3 Packet Pg. 164 Attachment: Planning and Zoning Board minutes, May 17, 2018 (excerpt) (6915 : East Gateway Zoning) -1- ORDINANCE NO. 104, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on May 17, 2018, unanimously recommended zoning the property to be known as the East Gateway Annexation (the “Property”) as more particularly described below, as General Commercial, Industrial, and Low Density Mixed-Use Neighborhood, and determined that the proposed zonings are consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zonings of the Property are consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zonings against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zonings to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zonings of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the General Commercial (“G-C”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF Packet Pg. 165 -2- LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 94.71 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 205.95 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY BOUNDARY; THENCE ALONG SAID WESTERLY BOUNDARY, S00°37'38"W, A DISTANCE OF 71.79 FEET TO THE POINT OF BEGINNING. CONTAINING 6,948 SQUARE FEET (0.160 ACRES), MORE OR LESS Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Industrial (“I”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID Packet Pg. 166 -3- SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 94.71 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,525.64 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,025.62 FEET; THENCE S00°37'38"W, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 37,390 SQUARE FEET (0.858 ACRES), MORE OR LESS Section 4. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; Packet Pg. 167 -4- THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 5.23 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET) AND THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,575.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 18.38 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 32,624 SQUARE FEET (0.749 ACRES), MORE OR LESS Section 5. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is not included in the Residential Neighborhood Sign District. Section 6. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 168 -5- Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 169 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Ginny Sawyer, Policy and Project Manager Ingrid Decker, Legal SUBJECT Resolution 2018-070 Approving a Process for Certain Boards and Commissions to Conduct Joint Working Meetings. EXECUTIVE SUMMARY The purpose of this item is to outline a structure to allow multiple boards and commissions to work cross- functionally on two (yet to be determined) projects to further Triple Bottom Line thinking across boards and commissions. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Futures Committee meeting in May 2018 focused on the future of citizen advisory engagement and on a board and commission “experiment” brought forward by two members of the Economic Advisory Commission. The proposed experiment focuses on allowing multiple boards and commissions to meet twice a year for an extended meeting on high-priority topics of common interest, using a Triple Bottom Line (TBL) focus. The goal of these meetings would be to allow a more integrated and comprehensive discussion and analysis of complex issues. The initial vision is to begin with the boards and commissions (B&C) supported by Sustainability Services Area (SSA), including the following: • Economic Advisory Commission • Affordable Housing Board • Air Quality Board • Natural Resources Board • Community Development and Block Grant Commission • Women’s Commission This experiment also addresses ongoing feedback from B&C members that they would like to have more integration and interaction across boards and ultimately provide more effective and thorough recommendations to Council. If this Resolution is adopted, staff will develop a plan that outlines topics and timing. The current proposal is that the joint meetings would replace the individual B&C meetings in the month in which the joint meeting occurs. An evaluation of process and effectiveness will also be developed. If the process is effective, it may be expanded to include other City boards and commissions. 15 Packet Pg. 170 Agenda Item 15 Item # 15 Page 2 PUBLIC OUTREACH Economic Advisory Commission members, Sam Solt and Ted Settle, met with the other involved B&Cs and this idea was well received. ATTACHMENTS 1. Memo Outlining a Process and Framework for Boards and Commissions to Conduct Joint Working Meetings (PDF) 15 Packet Pg. 171 Economic Health Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: June 20, 2018 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manager; Jeff Mihelich, Deputy City Manager; Jacqueline Kozak-Thiel, Chief Sustainability Officer Josh Birks, Economic Health and Redevelopment Director FROM: Sam Solt, Chair – Economic Advisory Commission; Ted Settle Vice-Chair – Economic Advisory Commission; and Members, Economic Advisory Commission RE: OUTLINING A PROCESS AND FRAMEWORK FOR BOARDS AND COMMISSIONS TO CONDUCT JOINT WORKING MEETINGS The purpose of this memorandum is to inform City Council of the Economic Advisory Commission’s (EAC) recommendation regarding the City Council’s pending action on July 17 th to authorize Boards and Commissions to conduct joint working meetings to allow for cross-functional work on two (yet to be determined) projects to further Triple Bottom Line thinking. Position: The Economic Advisory Commission would like to thank Councilmembers and City Staff representing the Futures Committee for taking the time to consider alternative means of involving Boards and Commissions in Council’s decision making. We appreciated the open dialogue with the Futures Committee on May 14 and look forward to continuing that same dialogue with the full Council. The Commission is very supportive of the concept of a pilot project that would enable several boards and commissions to work collaboratively to provide valuable feedback to the Council on a variety of issues. We look forward to seeing the final design of the pilot project and are ready to participate fully in that effort. ATTACHMENT 1 15.1 Packet Pg. 172 Attachment: Memo Outlining a Process and Framework for Boards and Commissions to Conduct Joint Working Meetings (6895 : Boards and -1- RESOLUTION 2018-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PROCESS FOR CERTAIN BOARDS AND COMMISSIONS TO CONDUCT JOINT WORKING MEETINGS WHEREAS, the Council Futures Committee has had several discussions about the future of Council boards and commissions, including what their future purposes and processes should be to remain effective and encourage diverse community participation; and WHEREAS, in weighing the next steps to move in that direction, the Futures Committee, at its regular meeting on May 14, 2018, considered an idea for community advisory engagement involving an experiment suggested by two members of the Economic Advisory Commission; and WHEREAS, the proposed experiment would bring together multiple City boards and commissions twice a year for an extended meeting on high-priority topics of common interest, using a Triple Bottom Line focus; and WHEREAS, each participating board or commission could then use the information and insights gained in the extended meetings to inform its own discussions and decisions; and WHEREAS, this approach would allow for a more comprehensive discussion and analysis of complex issues, with the goal of providing more effective and thorough recommendations to the City Council through the participating boards and commissions; and WHEREAS, City staff would determine the topics, which boards and commissions would participate, and when the joint meetings would occur; and WHEREAS, the current proposal is that the joint meetings would replace the individual board and commission meetings in the month in which the joint meeting occurs; and WHEREAS, staff proposes working initially with six boards and commissions that are supported by the Sustainability Services Area, including: 1. Economic Advisory Commission 2 Affordable Housing Board 3. Air Quality Board 4. Natural Resources Board 5. Community Development and Block Grant Commission 6. Women’s Commission; and WHEREAS, staff would also develop a method for evaluating the process and whether the experiment was effective, and report back to the City Council following the second extended meeting; and WHEREAS, if the process is effective, it may be expanded to include other City boards and commissions in different combinations depending on the topic to be discussed; and Packet Pg. 173 -2- WHEREAS, Section 2-75 of the City Code authorizes City boards and commissions, in addition to their duties and functions specified in the Code, to participate on a case-by-case basis in the review, discussion and advisement of the City Council regarding any policy or program matter, upon the request of the City Council or the City Manager. 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 in support of continuous improvement in the boards and commissions and public engagement processes, the City Council hereby approves the approach outline above, and directs the City Manager to choose appropriate topics for extended joint meetings of selected City boards and commissions based on the current list of City Council priorities, and requests that those boards and commissions participate in said joint meetings as described. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of July, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 174 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Jack Rogers, Senior Manager, Cultural Services Jody Hurst, Legal SUBJECT Resolution 2018-071 Approving Fort Fund Grant Disbursements. EXECUTIVE SUMMARY The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax funds is applied to the Cultural Development and Programming Account to support cultural events and 75% of revenue from lodging tax is dedicated to the Tourism Programming Account to support tourism events and activities - 5% of which is also dedicated to the Fort Fund Cultural Funding Programs. Local non-profit organizations may apply to Fort Fund for cultural and/or tourism event support. The City Council appointed the Cultural Resources Board to review grant applications based on approved guidelines and make recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 028, 1992 and Section 2-203 (3) of the City Code. Fort Fund grants support arts and cultural events that enrich the cultural life of the community, promote local heritage and diversity, provide opportunities for arts and cultural participation, help define Fort Collins as a cultural center and tourist destination, have wide appeal for a significant part of the community, and promote the general welfare of the City’s inhabitants. June 2018 Funding Session At its June 27, 2018 regular meeting, the Cultural Resources Board reviewed ten Project Support II applications with total requests equaling $45,000. Nine applications were found eligible and recommended for funding. The following table summarizes the amount and sources of available funds: Grant Requests Available Funds Grant Awards Balance Forward $45,000 $40,000 $35,400 $4600 16 Packet Pg. 175 Agenda Item 16 Item # 16 Page 2 The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed each application at its June 27, 2018 meeting. The Board discussion is outlined in the draft minutes and funding plan (Attachment 1). The Board is recommending disbursement of $35,400 from the Fort Fund 1 Account to the 10 eligible applicants as outlined in Exhibit A to Resolution 2018-071. CITY FINANCIAL IMPACTS The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code. This Resolution would distribute $35,400 from the Cultural Development and Programming Account to local non-profit organizations. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2018 budget. Lodging tax is collected pursuant to Section 25-252 of the City Code. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board (CuRB) is presenting these recommendations to City Council on public arts and cultural events that should receive funding and the recommended grant amounts each event should receive from the available Cultural Development and Programming Account and Tourism Programming Account revenues. Exhibit A to Resolution 2018-071 presents the allocations recommended by the Cultural Resources Board (CuRB) to the City Council for Project Support II funding. ATTACHMENTS 1. Cultural Resources Board minutes, June 27, 2018 (draft) (PDF) 16 Packet Pg. 176 Cultural Resources Board Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.221-6735 970.221-6373 – fax . CULTURAL RESOURCES BOARD MINUTES Funding Meeting – Wednesday, June 27, 2018 5:00 p.m. Lincoln Center, 417 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Mayor Wade Troxell Staff Liaison: Jack Rogers Chairperson: Will Flowers Email: Will@WillFlowers.com Vice Chairperson: A regular meeting of the Cultural Resources Board was held on Wednesday, June 27, 2018 at 5:00 p.m. The following members were present: Board Members present: Tedi Cox, Vicki Fogel Mykles, Jane Folsom, Jesse Solomon, Lili Francuz Board Members absent: none Staff Members present: Jack Rogers, Jaime Jones, Liz Irvine I. Call to Order: 5:02 p.m. – Mr. Flowers II. Consideration of agenda: Additions under other business III. Consideration and approval of the minutes from May 25, 2018. Ms. Folsom made a motion to accept the minutes as amended. Ms. Mykles seconded the motion. The motion passed unanimously. IV. Public Input: none. V. Mr. Rogers initiated a discussion re: funding plan option choices. There are 3 to choose from. The Board chose option 1. The Board proceeded to discuss recurring problems with applications. The main problems that were identified were with the budget section and with confirmation of insurance. These topics, and all Fort Fund application questions will be addressed at a future work session. VI. Ms. Mykles recused herself from scoring on the Symphony application. Scoring was recorded. Results were that 9 out of 10 applicants qualified for funding. The Board unanimously agreed that one application did not rate a high enough score to be considered. The Board wanted to know the amount of funds they had to work with. Ms. Jones informed them that it was $40,000. ATTACHMENT 1 16.1 Packet Pg. 177 Attachment: Cultural Resources Board minutes, June 27, 2018 (draft) (6957 : Fort Fund June 2018) VII. Mr. Rogers informed the Board, that a new Board member will not be added now due to lack of qualified applicants on file. This promoted a discussion to the Board to network and have applicants that are passionate about the Arts and can make the time commitment come forward. VIII. Other Business: Ms. Folsom presented the idea to the Board about having future applicants supplement their application with a two-minute video of their choice. This type of presentation would give more dimension to the application than just paper. It could be an “elevator pitch” or any format the applicant chooses, but with an agreed upon time limit. Ms. Mykles commented that other funding committees are incorporating this idea successfully. IX. Adjournment: 7:10 p.m. Respectfully submitted, Liz Irvine Secretary 16.1 Packet Pg. 178 Attachment: Cultural Resources Board minutes, June 27, 2018 (draft) (6957 : Fort Fund June 2018) -1- RESOLUTION 2018-071 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS, providers of lodging accommodations in the City are required by Section 25-250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2- 203(3) and 25-244 of the City Code through its Fort Fund Program; and WHEREAS, the City’s Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203(2) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the “Fort Fund Guidelines”); and WHEREAS, at its regular meeting on June 27, 2018, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in Section 2-203 of the City Code and the Fort Fund Guidelines; and WHEREAS, the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 179 -2- Section 2. That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit “A” serves a public purpose that benefits the community. Section 3. That funds in the total amount of THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($35,400) from the City's Cultural Development and Programming Account are hereby approved for distribution as set forth in Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of July, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 180 EXHIBIT A FORT FUND GRANT PROGRAM June 2018 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS Fort Fund 1 Fort Fund2 UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Colorado Bach Ensemble 2018-2019Season Location: St. Luke's Episcopal Church, Griffin Concert Hall, UCA, Organ Recital Hall Three concerts at three different venues. Bach's Cantata #180 at St. Lukes Episcopal Church, Handel's Messiah at Griffin Concert $5,000 $4,250 $0 $0 85% Hall. Bach's Coffee Cantata, Wedding Cantata and Brandenberg Concerto #3 at Organ Recital Hall at the UCA. Elderhaus Senior Prom Senior Prom 2019 Location: Poudre Valley High School January 18, 2019 Provide holistic and therapeutic daytime care to senior and adults with disabilities. The Senior Prom is a non fundraising event $3,000 $2,400 $0 $0 80% intended to unite the community. It is intergenerational and enjoyed by persons of all ages and capabilities Fort Collins Children's Theatre Fort Collins Children's Theatre Fall Musical Location: Lincoln Center Performance Hall November 16-18th 2018 Fall family musical production of the Little Mermaid. Will feature actors aged 11-17 for five performances. Will feature live orchestra, $5,000 $4,500 $0 $0 90% memorable characters. Will attract a broad audience. Reasonably priced for young families. Friends of the Symphony/FC Symphony Guild Musical Zoo Location: Timberline Church March 3, 2019 Main events include a "Petting Zoo" where musician mentors demonstrate range of symphonic instruments. This includes 14 instrument $5,000 $4,250 $0 $0 85% petting zoos. How they are played and the music they make allowing children to hold and play. High Performance Dance Theatre 2018/2019 Season of Dance Location: Lincoln Center Magnolia Theatre Sept 21-23, 2018 Feb 22-23, 2019 Featuring Shimmies and Shakes Junior and High Performance Circus. Featuring dancers as young as 6 and up. Productions $3,000 $2,550 $0 $0 85% highlight the 50's and then you will be brought into the day in the life of a circus performer with fitness, aerial silks. CULTURAL RESOURCES BOARD RECOMMENDATION Approved Funding Project Support II June 2018 1 Packet Pg. 181 Attachment: Exhibit A (6961 : Fort Fund June 2018 RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS Fort Fund 1 Fort Fund2 UNFUNDED BALANCE PERCENT OF REQUEST FUNDED CULTURAL RESOURCES BOARD RECOMMENDATION Approved Funding Poudre River Public Library District Fort Collins Comic Con 2018 Location: Northside Aztlan Community Center August 25-26. 2018 Two days of interesting panels (classes, hands-on demos, open forums, lectures, screenings. Meant to encourage youth $5,000 $5,000 $0 $0 100% literacy through comic books and other pop-culture mediums. Bring geeks together of all ages and types. PYCH Project Youth and Chamber Music Winterfest 2019 Jan 27- Feb 3, 2019 Blending music with a science-oriented theme. This season's theme is the connection of between music and nature. Nature is a universal $5,000 $4,250 $0 $0 85% source of inspiration for music and art through the ages. Featuring speakers that increase mindfulness and well-being. STAMP-Sustainable Touring For Artists, MusiciaFOCO Road Show Location: Lander, Casper, Laramie WY October 11-13, 2018 Educating bands about sustainable touring practices. With partners through lectures, classes and symposiums. $5,000 $0 $0 $0 0% Carbon neutral tour . Use of biodiesel fuel and carbon mitigation . On the job training provided. Windsor Community Playhouse Fort Collins Fringe Festival 2018 Location: Lyric Cinema, FCMOD, Bas Bleu Theatre July 26-29, 2018 Performance art that is off the beaten path. Chance for the artists to present unique works, venues live performances and new ways $5,000 $5,000 $0 $0 100% of shaping a story. Short rapid fire pieces presented in all venues for 4 days Wolverine Farm Publishing Water:Works Location: Waterworks 2005 N. Overland Trail Sept 21-22, 2018 Cutting edge piece of immersive theatre without traditional boundary between audience and performer. Audience is transported $4,000 $3,200 $0 $0 80% back in time by composite characters with the beauty of modern dancers intregrated into the landscape. Total Funding Requested by Applicants $45,000 Total Funding Recommended for disbursement by CRB $35,400 $0 Total Unfunded Balance $0 % of Requested Amounts Funded 79% 1 Packet Pg. 182 Attachment: Exhibit A (6961 : Fort Fund June 2018 RESO) City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) 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. City Council Work Session July 17, 2018 After the Regular Council Meeting, which begins at 6:00 p.m. • CALL TO ORDER. 1. Election Code Amendments. (staff: Delynn Coldiron, Rita Knoll, Carrie Daggett; 5 minute staff presentation; 30 minute discussion) The purpose of this item is to discuss proposed amendments to the City’s election campaign code provisions that will raise the threshold requirement for reporting of independent expenditures, ensure that the campaign violation complaint process applies to reporting of independent expenditures, and require “paid for by” disclaimers on campaign communications for registered committees. • OTHER BUSINESS. • ADJOURNMENT. DATE: STAFF: July 17, 2018 Delynn Coldiron, City Clerk Rita Knoll, Chief Deputy City Clerk Ryan Malarky, Legal Carrie Daggett, City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Election Code Amendments. EXECUTIVE SUMMARY The purpose of this item is to discuss proposed amendments to the City’s election campaign code provisions that will raise the threshold requirement for reporting of independent expenditures, ensure that the campaign violation complaint process applies to reporting of independent expenditures, and require “paid for by” disclaimers on campaign communications for registered committees. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What concerns or questions does Council have regarding the proposed Code amendments? 2. Should staff bring the proposed Code amendments forward for Council consideration on July 24, 2018? BACKGROUND / DISCUSSION In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code and Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be needed to adapt to a rapidly changing legal and technological environment. Councilmembers Cunniff, Overbeck, and Stephens have continuously served in this capacity since 2015. Since the original formation of the ad hoc Committee, Council has considered and adopted four Ordinances amending various provisions of Chapter 7. This Ordinance represents a continuation of the work to make improvements. Most of the amendments contained in this Ordinance are considered to be noncontroversial, and enacting them at this time will be advantageous as preparations begin for the 2019 City Election. A summary of the proposed amendments, in the order they appear in the ordinance follows: Increased Threshold for Reporting Independent Expenditures: This Ordinance will change the threshold requirements for reporting independent expenditures from $100 to $1,000. Staff research has found that there is some movement by courts to scrutinize more closely burdens on political speech. As well, staff research found that other Colorado jurisdictions have higher thresholds ranging from $250 to $1,000, with $1,000 being the most prevalent limit. Similarly, the State of Colorado requires certain report regulations for independent expenditures exceeding $1,000. This change has been recommended by the Election Code Committee to more appropriately align the City’s reporting requirements for independent expenditures with applicable law and other jurisdictions. 1 Packet Pg. 2 July 17, 2018 Page 2 Extension of Campaign Violation Provisions to Independent Expenditures Staff has identified that the current Code provisions establishing the complaint process for campaign violations do not specifically cover violations by persons regarding independent expenditures. This Ordinance provides a change to add independent expenditure violations to the list of actions subject to the citizen complaint process. NOTE: The need for correction was discovered after the last meeting of the Committee, and the Committee has not had an opportunity to discuss it. “Paid for By” Disclaimer on Campaign Communications This Ordinance requires a “paid for by” disclaimer on campaign communications for all registered committees. Because registered committees are already subject to reporting and other process requirements, it was determined that this added step would not be unreasonably burdensome and would provide important transparency to the voting public in connection with local campaign literature and advertising. Staff is not recommending at this time that the City require “paid for by” disclaimers for communications by others that are not registered committees, such as those paid for as independent expenditures, pending updated direction from the courts on this issue. This change has been recommended by the Election Code Committee. Next Steps If Council supports consideration of the proposed Code amendments, staff requests they be considered on First Reading on July 24, with Second Reading on August 21, so that any proposed changes that are adopted can be included in election materials in September. City Clerk staff is striving to have all election materials available to the public in September. One candidate is already registered for the April 2019 election and is awaiting candidate guidelines and related forms. ATTACHMENTS 1. Proposed Code Amendments (draft) (DOCX) 2. July 5, 2018 minutes (draft) (PDF) 3. Powerpoint presentation (PPTX) 1 Packet Pg. 3 DRAFT FOR DISCUSSION PURPOSES ONLY -1- ORDINANCE NO. ___, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS TO AMEND REQUIREMENTS AND PROCEDURES RELATED TO CAMPAIGNS AND CAMPAIGN FINANCE IN CITY ELECTIONS WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for redistricting of Council districts, for the conduct of City elections, for disclosure of campaign finance information, and other related matters; and WHEREAS, in 2015, the City Council formed an ad hoc committee, including Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most beneficial changes to the Code and City Charter regarding elections and other related matters; and WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be needed to adopt to a changing legal and technological environment, for Council consideration; and WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, Ordinance No. 045, 2018, and Ordinance No. 077, 2018, were considered and adopted by the Council to update various provisions of Chapter 7; and WHEREAS, the Committee continued to meet in 2017 and 2018, and has recommended additional clarifications and amendments to Chapter 7; and WHEREAS, the Committee has recommended that the threshold for reporting independent expenditures be raised from $100 to $1,000; and WHEREAS, the Committee has recommended the creation of a new requirement that committees otherwise required to register with the City also be required to include disclaimers on campaign communications to identify the committee making the communication, whether the communication is coordinated with a candidate, and the source of funding for the communication; and WHEREAS, staff has recommended that the citizen complaint process for campaign violations be changed to also apply to violations committed by individual persons, including violations related to independent expenditures; and WHEREAS, these amendments generally improve and clarify the City’s campaign finance disclosure and election requirements and processes; and 1.1 Packet Pg. 4 Attachment: Proposed Code Amendments (draft) (6991 : Work Session-Election Code Amendments) DRAFT FOR DISCUSSION PURPOSES ONLY -2- WHEREAS, these amendments further the City’s interest in shedding light for the public on the expenditure of money to influence the outcome of City elections, while balancing the speakers’ interest in freedom of political speech; and WHEREAS, the Council desires to enact the recommendations of the Committee and staff in order to clarify and improve the various provisions of Chapter 7, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 7-139 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-139. Independent expenditures. Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.) one thousand dollars ($1,000.) shall deliver notice in writing of such independent expenditures to the City Clerk no later than three (3) business days after the day that such funds are obligated. Said notice shall include the following information: . . . Section 3. That reserved Section 7-140 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-140. Responsibility for communications. (a) Whenever a candidate, candidate committee, issue committee, or political committee makes an expenditure for the purpose of financing communications expressly advocating a particular result in an election, or solicits any contribution or contribution in- kind through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing or any other type of general public political advertising, such communication if paid for or authorized by a candidate, candidate committee, issue committee, or political committee or their agents, shall clearly state that the communication is paid for by that candidate, candidate committee, issue committee, or political committee. (b) In regard to the different forms of communication set forth in subsection (a) of this Section 7-140, “communication” shall include, but shall not be limited to: (1) Websites of a candidate, candidate committee, political committee, or issue committee available to the general public; and 1.1 Packet Pg. 5 Attachment: Proposed Code Amendments (draft) (6991 : Work Session-Election Code Amendments) DRAFT FOR DISCUSSION PURPOSES ONLY -3- (2) Advertisements placed for a fee on another person’s website. (c) The statement required by this Section 7-140 must be clear and conspicuous in the communication. The statement required herein shall not apply to communications where including the statement would be impractical, such as: (1) Bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be conveniently printed; (2) Skywriting, water towers, wearing apparel, or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer would be impracticable; or (3) Checks, receipts, and similar items of minimal value that are used for purely administrative purposes and do not contain a political message. (d) Nothing herein shall be deemed to alleviate any person from complying with federal campaign finance law, as applicable. Section 4. That Section 7-145 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-145. Allegation of campaign violation. (a) Any candidate or registered elector of the City ("complainant") who has reason to believe a violation of Chapter 7, Article V, of this Code, has occurred by any person, candidate, candidate committee, issue committee, small-scale issue committee or political committee may file a written complaint to the City Clerk, no later than sixty (60) days after the alleged violation has occurred. . . . Introduced, considered favorably on first reading, and ordered published this 17th day of June, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 21st day of August, A.D. 2018. 1.1 Packet Pg. 6 Attachment: Proposed Code Amendments (draft) (6991 : Work Session-Election Code Amendments) DRAFT FOR DISCUSSION PURPOSES ONLY -4- __________________________________ Mayor ATTEST: _____________________________ City Clerk 1.1 Packet Pg. 7 Attachment: Proposed Code Amendments (draft) (6991 : Work Session-Election Code Amendments) City of Fort Collins Page 1 July 5, 2018 ELECTION CODE COMMITTEE MEETING 12:00 PM PRESENT: Overbeck, Stephens, Coldiron, Malarky, Knoll, Gonzales, Daggett (Councilmember Cunniff was absent) CITIZENS PRESENT: Marge Norskog, Jody Deschenes, Sam Houghteling 1. CALL MEETING TO ORDER Councilmember Stephens called the meeting to order. 2. CITIZEN COMMENT Marge Norskog thanked the Committee for its thoughtful approach to evaluating and recommending changes to the Election Code. She discussed a meeting she and others had with Councilmembers Martinez and Summers wherein two outstanding issues were discussed: “paid for by” statements and adding resources to the City Clerk’s Office budget for election support. She stated both Councilmembers seemed supportive of a “paid for by” statement on all election communications and were both open to the possibility of adding resources to the Clerk’s Office; however, they were unable to commit support without having the context of how it fits into the budget. She requested the Committee add an item to the agenda to provide an update on the City Clerk’s budget offer for additional resources and to discuss what assistance citizens might offer in advocating for increasing election funding before the citizen comment period closes on July 8. City Clerk Coldiron stated all offers have been submitted and the Budget Lead Team will start its work this week. Councilmember Stephens noted citizens have the ability to comment on the budget process beyond July 8 in the form of emails or other correspondence, work sessions, and two public hearings. Councilmember Overbeck stated citizen comments are most effective throughout the budget evaluation process. City Attorney Daggett noted the City Manager makes a formal budget recommendation to Council in early September; therefore, it may be difficult for Councilmembers to effectively respond to citizen comments until after that time. 3. APPROVAL OF MAY 3, 2018 COMMITTEE MEETING MINUTES Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to adopt the May 3, 2018 Committee meeting minutes. The motion was adopted by unanimous consent. 4. ELECTION-RELATED CHANGES FOR DISCUSSION a. Independent Expenditures – Expenditure Amount Triggering Reporting Requirement City Attorney Daggett stated staff has discussed the possible benefit in asking the Committee to consider an increase in the triggering threshold for independent expenditures. She noted the existing threshold of $100 is quite low and is a strict requirement. Longmont and Loveland both have slightly higher thresholds and Denver and the State have $1000 thresholds. City Attorney Daggett stated staff has suggested a $200 threshold, which matches the initial threshold for small-scale issue committees. Councilmembers Overbeck and Stephens supported the $200 threshold as recommended. Malarky stated the important issue is to capture significant expenditures while being mindful of not being too stringent. ATTACHMENT 2 1.2 Packet Pg. 8 Attachment: July 5, 2018 minutes (draft) (6991 : Work Session-Election Code Amendments) City of Fort Collins Page 2 b. “Paid for By” Statements Malarky noted staff has provided a detailed memo regarding some of the legal issues around a “paid for by” requirement. He stated staff has provided a suggested Code revision that would apply a “paid for by” statement requirement to candidates, candidate committees, issue committees, political committees, as well as independent expenditures for a qualifying communication. Malarky stated this requirement mirrors that of the City and County of Denver and includes language similar to federal language regarding the form and technical aspects of the disclaimer. Councilmember Overbeck requested additional clarity related to what materials should require the disclaimer. Malarky stated messages within envelopes should have the disclaimer and City Attorney Daggett suggested the possibility of the exterior envelope requiring the disclaimer. Councilmember Stephens suggested the main issue is with large fliers with a great deal of text and statements represented as fact rather than with simple messages such as “Vote for Bob Overbeck.” Councilmember Overbeck asked if the City and County of Denver’s Code language was written recently. Malarky replied some language changes have been made recently; however, the general disclaimer requirement has been in its Code since the 1990s or early 2000s. Councilmember Stephens stated she would consider holding an executive session to seek legal advice concerning this topic. Councilmember Overbeck made a motion, seconded by Councilmember Stephens, that the Election Code Committee go into Executive Session for the purpose of meeting with the City Attorney and staff to discuss specific legal questions related to the manner in which particular policies, practices, or regulations of the City related to campaign finance disclosures and disclaimers may be affected by existing or proposed provisions of federal, state, or local law, as permitted under Section 2-31(a)(2) of the City Code and Colorado Revised Statute Section 24-6-402(4)(b). The motion was adopted by unanimous consent. (Secretary’s Note: The Committee went into Executive Session at this point in the meeting.) After the executive session, Councilmember Stephens made a motion to change the “paid for by” disclosure requirement to apply only to registered committees. City Attorney Daggett and Malarky discussed necessary language changes. Councilmember Overbeck agreed with the proposed change. Independent Expenditures (continued) Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to reconsider Section 7-139, Independent Expenditures. The motion was adopted by unanimous consent. Councilmember Stephens stated it may be better for the City to be in line with the state on independent expenditures, which has a $1000 threshold. Councilmember Overbeck agreed and bringing the change forward for Council consideration was supported by unanimous consent. 5. EDUCATION/ORIENTATION City Clerk Coldiron stated dialogue from the last meeting included the suggestion of having some type of educational class for voters, potential candidates, or heads of issue committees. The Clerk’s Office would like to consider this possibility; however, there may not be enough resources to make it happen for the 2019 election. The Clerk’s Office would like to invite people in for some type of City Works 101-type class on elections, perhaps in January. 1.2 Packet Pg. 9 Attachment: July 5, 2018 minutes (draft) (6991 : Work Session-Election Code Amendments) City of Fort Collins Page 3 Councilmember Overbeck stated the Secretary of State’s office provides orientations for County and State candidates. He suggested the creation of a video informing citizens and potential candidates of the new changes prior to gaining necessary resources for a more detailed orientation. Chief Deputy City Clerk Knoll stated the Clerk’s Office is planning to provide handouts highlighting changes when committees register. City Attorney Daggett stated using a form of communication wherein everyone receives the same information is preferable. 6. OTHER BUSINESS City Attorney Daggett stated staff will work on an Ordinance to be presented before Council for First Reading on July 17. Chief Deputy City Clerk Knoll stated staff would like to have new guidelines available in September. Committee members discussed the timeline and necessity for upcoming meetings and opted to cancel the remaining meetings scheduled for 2018 and to meet after the April 2019 election. 7. ADJOURNMENT The meeting adjourned by unanimous consent at 1:40 PM. 1.2 Packet Pg. 10 Attachment: July 5, 2018 minutes (draft) (6991 : Work Session-Election Code Amendments) July 17, 2018 Election Code Amendments Delynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City Clerk Carrie Daggett, City Attorney 1.3 Packet Pg. 11 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) Changes Discussed • Independent Expenditure Reporting • Independent Expenditure Violations • “Paid for By” Disclaimers 2 1.3 Packet Pg. 12 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) General Direction/Questions 1. What concerns or questions does Council have regarding the proposed Code amendments? 2. Should staff bring the proposed Code amendments forward for Council consideration on July 24, 2018? 3 1.3 Packet Pg. 13 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) Proposed Code Amendments 4 Issue Recommended Action 1. Independent Expenditure Reporting Threshold 2. Independent Expenditure Violations Adopt Code language changing threshold requirement from $100 to $1,000. Adopt Code language to ensure failure to report independent expenditures is covered under complaint process provisions. 1.3 Packet Pg. 14 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) Proposed Code Amendments 5 Issue Recommended Action 3. Paid for By Disclaimer • Require for registered committees • Reporting and other requirements • Independent expenditures not included • Incremental approach will allow review of impacts before expanding requirement 1.3 Packet Pg. 15 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) Enforcement 6 Image from showmeinstitute.org 1.3 Packet Pg. 16 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) Options/Next Steps 1. No further changes recommended due to significant changes already made and not yet tested. 2. Move forward with these changes. 1. First Reading – July 24, 2018 2. Second Reading – August 21, 2018 7 1.3 Packet Pg. 17 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) General Direction/Questions 1. What concerns or questions does Council have regarding the proposed Code amendments? 2. Should staff bring the proposed Code amendments forward for Council consideration on July 24, 2018? 8 1.3 Packet Pg. 18 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) Questions THANK YOU! 9 1.3 Packet Pg. 19 Attachment: Powerpoint presentation (6991 : Work Session-Election Code Amendments) ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Structure Plan Map City Limits - Outline Commercial Corridor District Industrial District Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area POL LMN CG I ATTACHMENT 2 14.2 Packet Pg. 162 Attachment: Structure Plan Map (6915 : East Gateway Zoning) ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW I CG LMN CC I UE East Gateway Annexation CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22 Miles Scale 1:6,000 © Zoning Map City Limits - Outline City Limits Community Commercial (CC) General Commercial (CG) Industrial (I) Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) Annexation Area Cloverleaf Community Air Care Colorado Sunstate Equipment Annexation Area ATTACHMENT 1 14.1 Packet Pg. 161 Attachment: Zoning Map (6915 : East Gateway Zoning) ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Vicinity Map City Limits - Outline City Limits Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area ATTACHMENT 1 13.1 Packet Pg. 129 Attachment: Vicinity Map (6912 : East Gateway Annexation) 2.15(C)(2) Describes Review Procedures Adds an additional neighborhood meeting for PUD master plans like the existing APU procedures. 2.2.10 - Step 10: Amendments and Changes of Use Describes the minor amendment and change of use process pertaining to OPD, PDP’s and any site- specific development plan Includes the PUD Master Plan in the list of amendable plan types. 2.2.11 - Step 11: Lapse Defines the time limits for development plan applications Adds provisions for the vesting of property rights with respect to uses, densities, and development and engineering standards for which variances have been granted. Defines the duration and frequency of vested rights extension requests associated with a PUD Master Plan. 2.4.2 - Project Development Plan Review Procedures Defines steps in the Project Development Plan (PDP) review process Expands the application of development standards to the PUD Overlay and PUD Master Plan. 2.15 - Planned Unit Development (PUD) Overlay Review Procedure Presently occupied by former Planned Development Overlay District (PDOD) Existing section is repealed and a new procedure for development occurring within a PUD Overlay is created that defines applicable steps in the development review process. 4.29 - Planned Unit Development (PUD) District Presently occupied by former Planned Development Overlay District (PDOD) Creates the PUD Overlay and PUD Master Plan standards for uses, modification to densities and development standards, vesting of PUD Master Plans, and Engineering variances. 5.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, July 3, 2018 (w/o attachments) (6978 : SR 091 092 PUD Regulations)